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Anshan Municipal People's Major Administrative Decisions Procedural Requirements

Original Language Title: 鞍山市人民政府重大行政决策程序规定

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Article 1, in order to regulate major administrative decision-making practices, ensure the scientific, procedural legitimacy, openness and responsibility of the major administrative decision-making system and establish this provision in the light of the relevant provisions of the People's Congress and Local Government Act of the People's Representatives of the People's Republic of China at all levels, the Central Central Decision on the overall advancement of a number of important issues in the rule of law and the provisions of the major administrative decision-making process in the Province of Extension (Public Government Order No. 297) in order to develop this provision in the light of the actual provisions of my city.

Article 2 Contents

This provision is not applicable to decisions on matters within the Government and which should be confidential by law. Contents

The development of draft local legislation and government regulations, as well as responses to emergencies, requires immediate decisions by the executive organs, in accordance with the relevant laws, regulations and regulations. Contents

Article 3. Major administrative decision-making by the municipality referred to in this Article (hereinafter referred to as major administrative decisions) includes the following matters:

(i) Preparation or adaptation of national economic and social development planning, overall planning for rural and urban areas, overall land-use planning and other natural resource development use, important regional planning and various specific planning; and logistics

(ii) Significant financial arrangements relating to civil security, government financing, disposal of State assets that have a significant impact on the national economy in the region, and conciliation;

(iii) Develop or adapt major reform programmes and policy measures relating to the distribution of income, social security, health, education, housing, labour employment, public utility fees and public service prices, etc.; xenophobia;

(iv) Major public infrastructure construction in the region; corrections

(v) The economic and social development of the region has a full and long-term impact, and society has a wide range of other matters that are closely linked to the interests of citizens, legal persons and other organizations. Contents

Article IV. The Executive Office of the Municipal Government is responsible for the integrated coordination and information on the implementation of major administrative decision-making processes. Contents

The municipal government service, the relevant units, within their mandate, have assumed significant administrative decision-making procedures obligations and are well-established.

The municipal rule of law institutions are responsible for the review of the legitimacy of major administrative decisions. Contents

The municipal administration is responsible for monitoring the implementation of major administrative decisions. Contents

Article 5

(i) Principles of scientific decision-making. In practice, the use of scientific methods, respect for objective regulations and guarantee that decision-making is in line with the objective realities and needs of economic and social development. Contents

(ii) Principles of democratic decision-making. The adherence to democracy concentration, combined with the responsibility of the executive head, implements mass routes and guarantees the participation of the people in decision-making through a variety of ways to ensure that decision-making is in the best interest of the majority. Contents

(iii) The principle of decision-making in accordance with the law. Maintain strict compliance with constitutional and legal provisions and ensure that decision-making authority is lawful, procedural and entity. Contents

Article 6. Major administrative decisions, in addition to national secrets and commercial secrets, should guide public participation and receive social oversight in an appropriate manner. Contents

Article 7. Major administrative decision-making organs shall fully listen to the public's proposals for rationalization and evaluation, in accordance with the scope and extent of the public impact of the decision. Contents

The public opinion should be sought, taking into account, inter alia, geographical, national, occupational, professional and affected factors, and the legitimate choice of citizens, legal persons or other organizations that have been consulted. Contents

Article 8. Major administrative decision-making matters can be disclosed through the media, such as newspapers, radio, television, government portals. The presentations should include the name of decision-making matters and the main content, the basic statement of circumstances, the basis for decision-making and the grounds, the form and time of feedback and other elements that should be disclosed. The time limit for the presentation was generally not less than 15 working days. Contents

Article 9. In the course of public participation, the major administrative decision-making organs should fully and objectively listen to the views of all parties, in particular with regard to objections and amendments to major administrative decision-making matters, without listening only to the opinions of the favour, without disclosing, disclosing the statements of dissidents and modifications. Contents

Article 10 Major administrative decision-making organs should collate the participation of the public and form written reports, together with decision-making matters, to the municipal government for consideration. The report should make clear concluding observations. Contents

The results of public participation should be seen as an important basis for major administrative decision-making, and the public's reasonable views should be adopted. Contents

Article 11. A major administrative decision-making unit should explain the reasons or explain the public opinion that has not been adopted for either reason or for other reasons.

Article 12 establishes a pool of experts for major administrative decision-making counsellors, whose functions are mainly to provide advice on major administrative decision-making matters. Experts have introduced a dynamic management and a system of evasion of interest. Contents

Experts involved in major administrative decision-making advisory opinions should have the following basic conditions:

(i) Political quality, firm ideal convictions and high levels of policy doctrine;

(ii) Academic formation, with greater influence and visibility in relevant professional areas;

(iii) A wealth of experience in practice and familiarity with relevant legal regulations, technical norms and standards; xenophobia

(iv) Responsibilities and time and energy to ensure participation in the commissioning of the evidence;

(v) There is a high degree of social recognition, impartiality and integrity, which can be objectively, independent, impartial and accountable for the formulation of views. Contents

Article 14. Contents

Major administrative decision-making should be based on the following:

(i) Necessary studies; correspondence

(ii) Scientific research; correspondence

(iii) Feasibility studies; correspondence

(iv) Socio-benefit studies; correspondence

(v) Study on conditions of implementation; correspondence

(vi) Study on the impact of environmental protection, the health of the population and the safety and social stability of production;

(vii) Negative impact on controlled research;

(viii) Other relevant considerations necessary. Contents

Article 15

(i) The Office of the High Contracting Party selects an advisory opinion expert from the main administrative decision-making advisory opinion sheets in the city, proposing that the Group of Experts propose candidates to be identified by the municipality; and Correspondents.

(ii) In accordance with the nature, content, complexity, time requirements, etc. of major administrative decision-making matters, the Office of the High Contracting Party gives the Group of Experts a sufficient time to study, generally less than 7 working days and to provide the information required to justify the evidence; and

(iii) Experts involved in decision-making arguments, based on information on policy contexts, decision-making goals, undertake relevant studies on major administrative decision-making matters within the designated time frame, produce written opinions; correspondence;

(iv) The Office of the High Contracting Party shall submit the written observations of the Group of Experts together with decision-making matters to the municipal government for consideration. Contents

Article 16 engages experts in major administrative decision-making documents, with the right to access relevant archival information, attend relevant meetings, participate in relevant research activities, and is responsible for the submissions and subject to oversight management and assumes obligations such as confidentiality. Contents

Article 17 experts involved in major administrative decision-making advisory opinions are generally less than three. Experts involved in decision-making counsellors are generally less than five. Contents

Article 18 Major administrative decision-making organs consider that decision-making matters may have a significant impact on social stability, the ecological environment or lead to greater financial risks, should conduct risk assessment or entrust professional institutions with qualifications to conduct third-party assessments and to form risk assessment reports. Contents

Risk assessments should be conducted in accordance with the following provisions:

(i) A social stabilization risk assessment should be duly identified for possible societal conflicting disputes, group events, public safety and small and medium-sized enterprises, the resilience of the population and other destabilizing factors that determine the level of risk, and recommendations on risk prevention and affordability;

(ii) Ecological environmental risk assessment should be determined to the extent of environmental impact, to propose effective measures to prevent or mitigate adverse environmental impacts, and to make scientific evidence and prejudication on the effectiveness of the measures; and

(iii) Financial risk assessments should be conducted with accurate analysis of inputs and expected benefits of public financial funds, the duration of benefits, the financial resilience and the Government's debt risk, determining the level of risk and making observations and recommendations. Contents

Article 19 Risk assessment reports should include the following:

(i) Assessment and assessment processes; correspondence

(ii) The views of the parties and their adoption;

(iii) Possible social stabilization risks arising from decision-making; corrections

(iv) Risk assessment findings and response recommendations; corrections

(v) Risk prevention and response measures and emergency response scenarios. Contents

Article 20, in accordance with the risk hierarchy that the risk assessment report may result from the implementation of decision-making, is divided into three categories of high-risk, medium- and low-risk. Contents

High-risk decisions should be distinguished, either by adapting to decision-making programmes, reducing risk levels and redirecting decision-making; making decisions on risks that are in place after effective preventive and risk-removal measures are to be taken; decision-making can be taken on a low-risk basis and by interpreting the work of persuasion to properly address the legitimate demands of the people concerned. Contents

Article 21, when major administrative decision-making organs are presented to the municipal authorities for a review of the legitimacy of major administrative decision-making programmes, the following materials should be sent together and responsible for the authenticity and integrity of the material: correspondence

(i) To draw legitimacy to review the proposals; correspondence;

(ii) A statement of decision-making programmes; correspondence

(iii) The legitimacy of the terms of reference and the content of decision-making matters;

(iv) A summary of feedback and a description of the treatment of the public; corrections

(v) Other material to be delivered. Contents

Information should be provided on the conduct of third-party surveys, the convening of hearings or the organization of expert arguments, risk assessment. Contents

Without the provision of the material requested, the rule of law bodies should clearly communicate the restatement of the decision-making office units, and the material that may be sent back to the payment without timely restatement. Contents

Article 22 states that, after receipt of the decision-making programmes and related materials submitted by major administrative decision-making organs, the municipal authorities shall organize a review of legality by the relevant legal advisers, counsellors and experts from the municipality. Contents

Main elements of the review of legality: editing

(i) The decision-making matters are in accordance with the legislative authority of the policymaking organs;

(ii) Whether the decision-making process is in compliance with this provision;

(iii) Whether the content of decision-making is lawful and whether administrative measures that directly affect the rights and interests of citizens, legal persons and other organizations are appropriate. Contents

Article 24 Review of the legality of major administrative decisions may be carried out in accordance with the actual needs of the investigation or through the holding of colloquiums, hearings, analysts.

Article 25. The time frame for the review of the legality of major administrative decisions is 10 working days; the complexity of the situation can be extended without more than 20 working days in principle; and special requirements are governed by the relevant provisions. Contents

Article 26 After the review of the legality of the significant administrative decision-making by the municipal rule of law institutions, the written review was conducted in accordance with the following categories and was solely responsible for the legitimacy of the review opinion: UNOCI

(i) In accordance with article 23 of this provision, a review of legality;

(ii) Failure to comply with the statutory procedures or to perform the proceedings is incompatible with the provisions, recommendations are being added or are being reintroduced with the relevant procedures;

(iii) Decision-making programmes or risk-prevention measures are not in compliance with relevant legal, legislative, regulatory and national policy provisions and are recommended for amendments. Contents

The institution of decision-making matters should adopt the review of legality. The decision-making organs lead and decision-making organs shall not require the municipal authorities to review their views in violation of the law. Contents

No review of legality or review shall be submitted to the plenary of the municipal government or to the ordinary session. Contents

Article 27 reviews of the legality of major administrative decisions, for use only internally, and the relevant units or individuals should strictly observe confidentiality disciplines and not be disclosed. Contents

Article 28 Principal administrative decisions of the municipal government are taken by the plenary of the municipal government or by the ordinary session. Contents

Article 29 includes major administrative decision-making matters to be taken in plenary meetings of the municipal government or in meetings of the Standing Committee, which shall provide the following materials:

(i) Policy-making programmes and descriptions, laws, regulations, regulations and related policy provisions on the basis of decision-making; corrections

(ii) To seek public advice and follow-up;

(iii) Expert opinion; correspondence

(iv) Risk assessment observations; conciliation

(v) Review of the opinion; correspondence

(vi) Other relevant materials. Contents

Article 33

(i) Major administrative decision-making programmes and related materials considered by the municipal government plenary or by the Standing Committee, which were sent to the participants at least one day before the meeting. Participants will be carefully familiar with the materials, prepare ideas and prepare presentations. Contents

(ii) Major administrative decision-making organs are leading primarily to reporting on decision-making programmes and their legal and regulatory policy basis, implementation of the statutory procedures for decision-making, differing views from all parties and research processing. Contents

(iii) The composition of the meeting is fully represented. Contents

(iv) The moderator of the Conference, in accordance with the discussions at the Conference, agreed, disagreed, modified and revisited decisions on major administrative decision-making matters under discussion. Contents

(v) The Executive Office of the Municipal Government, in the event of the exchange of views, discussions and decisions of the moderator of the Conference and other members of the Conference, will form a summary of the proceedings and be issued by the moderator. Contents

The moderator of the thirty-first session took a decision with the consent of the moderator or a member of the municipal government whose delegation authorized. The decision was modified by general changes, which were subsequently issued by the moderator of the Conference or by a member of the municipal government branch whose delegation was authorized; the subject matter was a major principle or material amendment and should be revisited by the procedure. The decision should be revisited by the procedure. Contents

Article 32 of the main administrative decision-making matters adopted by the municipality shall be subject to approval or consideration by the State Department, the Government of the Provincial People, the approval of the Municipal Council or the decision of the Assembly and its Standing Committee. Contents

Article 33 The municipal government work sector, the relevant units should fully, in a timely and right manner, implement major administrative decisions, in accordance with their respective responsibilities, without the implementation, non-implementation, diversion, pre-implementation and delays in implementation. Contents

In the course of the implementation of Article 34, the municipality's work sector, the relevant units found that the objective conditions relied on by major administrative decisions had changed or could not be achieved in part or partly because of force majeure, and recommendations should be made in a timely manner to the municipal government for the cessation of implementation, suspension or revision of decision-making. Contents

Citizens, legal persons and other organizations believe that the municipal government's decisions on major administrative decisions should cease implementation or modification, and make recommendations to the municipal government in such a way as communications or government portal retention. Contents

In accordance with the recommendations made by the relevant departments or by civil, legal and other organizations, the municipality authorizes the relevant units to conduct research assessments of the major administrative decision-making and to make decisions for the continuation, cessation, suspension or revision of decision-making programmes. Contents

Article XVI states that the municipal authorities shall take effective measures to avoid or reduce losses, by making a decision to cease implementation, suspension or amendment the decision-making programme. Contents

Article 37 establishes a system of accountability for lifetime and a mechanism for accountability, in violation of this provision, resulting in a serious error in decision-making or a timely decision-making, which has a significant loss, adverse impact and failure to determine decisions, as well as a failure to implement them in a comprehensive, timely and correct manner, to hold strict accountability for those responsible and other persons directly responsible, in accordance with the relevant laws, regulations, regulations. Contents

In violation of this provision, the major administrative decision-making organs or decision-making bodies do not carry out decision-making procedures, either at the level of responsibility or at the level of the Government of the population, are criticized for their withdrawal or cancellation; in serious circumstances, the administrative disposition of the responsible leadership and other direct responsibilities is granted by law; failure to implement decision-making processes and to organize their implementation, leading to serious adverse social consequences, and the failure of the inspectorate, accountability for the responsible leadership and other direct responsibilities; and criminal accountability under the law. Contents

The Governments of the communes (communes) in Article 39 may, in the light of this provision, establish major administrative decision-making procedures for the current Government. Contents

Article 40 The rules of legality for major decision-making matters in the municipality of San Francisco (No. 152). Contents