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Shanghai Municipal Administration Decision Provisional Rules Of Procedures

Original Language Title: 上海市重大行政决策程序暂行规定

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(Please No. 47 of the Supreme People's Government Order No. 47 of 31 October 2016)

Article 1 (Deputy and basis)

In order to regulate major administrative decision-making practices, to guarantee science, democracy, legitimacy, and to improve the quality of administrative decision-making, and to develop this provision in the light of the relevant legislation.

Article 2 (Actual application)

This provision applies to major administrative decision-making in the city, the people of the region (hereinafter referred to as decision-making organs).

Major administrative decision-making in the city, the people's government and the town of the town, the street offices are implemented in accordance with this provision.

Article 3 (Application of matters)

The main administrative decisions referred to in this provision include the following matters:

(i) Important planning, plans and plans for economic and social development;

(ii) Major public policies and measures in the areas of public service, market regulation, social management and environmental protection;

(iii) Major public construction projects;

(iv) Legal, regulatory, regulatory or decision-making bodies consider it appropriate to include other matters within the scope of major administrative decision-making matters.

The decision-making organs may make the form of a directory, specific criteria for major administrative decision-making matters, in line with paragraph 1 of this article, and make dynamic adjustments based on the facts.

Article IV (Basic principles and requirements)

Major administrative decisions should uphold the principles of science, democracy and legitimacy.

Major administrative decision-making should respect objective regulation, in-depth research, full research findings, enhanced coordination, legal guarantees of the right of citizens, legal persons or other organizations to be informed, participate, express and monitor.

Major administrative decision-making should strictly adhere to the statutory competence, fulfil the statutory procedures and ensure that decision-making is in compliance with the relevant legal, legislative, regulatory and national provisions.

Article 5 (Basic rules applicable to the procedure)

The decision-making matters involve the interests of larger groups, with the exception of cases where the law requires confidentiality or, in order to guarantee national security, public safety, economic security and urgent need for immediate decision-making.

The issue of decision-making involves a professional and technical nature that needs to be judged by professionals, professional agencies, and, in addition to the urgent need for immediate decisions, expert arguments should be organized.

Decision-making matters involve a greater risk in terms of social stability and, in addition to the circumstances in which immediate decisions are required, risk assessment should be organized; legal, regulatory, regulatory and special provisions for specific risk assessments.

Major administrative decision-making should be reviewed by legitimacy and be discussed by decision-making bodies.

Article 6 (Development of decision-making)

The decision-making organs should decide to initiate the decision-making process and should clarify the decision-making hosting units responsible for drafting and public participation in the draft decision-making process, expert perceptions, and organization of risk assessment.

Article 7 (Public participation)

The UNOPS should be consulted, including through colloquiums, hearings, questionnaire surveys or field visits, in accordance with the specific circumstances of decision-making matters. After the draft decision-making, public opinions could be made available and an explanation could be made on issues of general interest to the public in society, including through media interviews, expert readings.

The legal, regulatory and regulatory provisions should be held in hearings or in the draft decision-making process with significant differences of opinion and should be heard.

Major public life decisions such as education, health, social security, environmental protection, utilities can be delegated to specialized investigation agencies to conduct public-level investigations to understand the social identity and affordability of the draft decision-making process.

The main observations made by the social public and their research processing should be made public feedback through a public understanding.

Article 8 (Special hearings)

The offices should listen to the views and recommendations of the representatives, members of the Government, groups of people, grass-roots organizations and social organizations, in accordance with the content and needs of decision-making matters.

Article 9 (Independent opinion)

The UNOPS organize expert opinions and should conduct professional technical advice on the draft decision-making, including through the convening of expert panels, written expert inquiries or commissioning of specialized agencies.

The selection of experts and professional institutions should be focused on professional, representative, balanced and credible, supporting their independent work and on progressive publicizing expert, professional agency information and opinion.

Article 10 ( Risk assessment)

The UNOPS organizes risk assessments, which should be vested in key risk sources, risk points for decision-making matters, determine the maturity and overall risk of decision-making conditions and propose specific measures to prevent, control and respond to risks.

Risk assessments can be carried out by the host agency itself or by the sub-office to commission a third-party institution.

Article 11.

Public participation, expert testimony and risk assessment should be organized, and the offices should study the public opinion, expert opinions, the results of risk assessments and make improvements in the draft decision-making.

Article 12

The draft decision-making should be sent to the decision-making organs upon the legitimacy of the institution of the first instance and collective discussions.

Reports should include the draft decision-making and its drafting notes, the opinion of the first instance of legality, and other material requested by the policymaking organs. The draft decision-making process, with public participation, expert opinions or risk assessment procedures, should also include public participation, expert perceptions or information notes on risk assessment.

The drafting note of the draft decision should include the legal basis and policy basis for decision-making, the main elements of decision-making, and the main different views on the draft.

Article 13 (Option of decision-making processes in specific circumstances)

In one of the following cases, the main heads of decision-making bodies may directly terminate the decision-making process:

(i) The survey revealed a low level of public acceptance of the draft decision-making and may seriously affect the effective implementation of decision-making;

(ii) The expert argument that decision-making is professional and technically feasible;

(iii) The risk of decision-making is considered to be significant and without effective response.

Article 14.

The decision-making organs should review the legality of the draft decision-making and related materials to the organs.

The Legal Review of the Rule of Law Institutions should include the following:

(i) The conformity of decision-making matters with the statutory competence of the policymaking organs;

(ii) The content of decision-making is in accordance with the relevant laws, regulations and regulations;

(iii) The process of decision-making programming is in compliance with the statutory procedures;

(iv) Other elements requiring review.

No collective discussion decision shall be submitted without review of legality or review.

Article 15 (Governmental legal advisers)

The decision-making organs should establish a corresponding working mechanism to play the role of the Government's legal advisers in major administrative decision-making and to guarantee independent legal advice from the Government's legal advisers.

Article 16 (Review of the relevant sectors)

The draft decision-making involves important elements in terms of institutional reform, development of safeguards, financial funding arrangements, land use, planning adjustments, and decision-making bodies may request approval from relevant departments, such as sector development reform, preparation, finance, land planning, in accordance with actual needs.

Article 17 (Communication of decisions)

Major administrative decision-making should be taken in accordance with the rules of work of the Government, by the ordinary session of the policymaking organs or by the plenary.

Article 18 (Preparation of reconciliation in decision-making)

After the decision-making process, the decision-making organs should publish to society relevant documents, decisions or orders containing major administrative decisions, in accordance with the relevant provisions of the public administration.

Major administrative decision-making on the high level of social attention should also be taken into account in a manner that is accessible to the public in society, including through government websites, press conferences or newspapers, radio, television.

Article 19, Post-Designment Assessment

The legal, legislative, regulatory, policy and other objective circumstances on which decisions are based, or the views of citizens, legal persons, other organizations on decision-making implementation, the decision-making body shall designate or entrust the relevant units with post-decision-making assessments and shall serve as an important basis for decision-making to continue to implement, adjust, suspend or terminate implementation.

Article 20 (Decision, suspension and termination of decision-making)

Adjustments to, suspension or termination of implementation of significant administrative decisions taken by law should be taken either by the ordinary organs of decision-making or by the plenary.

Major administrative decisions that involve the interests of the larger group should be restructured in accordance with this provision.

Article 21, Legal responsibility

Life accountability mechanisms and responsibilities for major administrative decisions are put in place.

In violation of this provision, the organs of the Authority, the decision-making organs are responsible for changing proceedings; causing significant losses, adverse impacts, administrative disposition of the principal, responsible other leaders and relevant responsibilities by law; and criminal liability by law.

Article 22 (Actual date of application)

This provision has been implemented effective 1 January 2017.