Interim Provisions of Gansu Provincial People's Government on Major Administrative Decision-making Procedures

Chapter I General Provisions Article 1 In order to thoroughly implement the general plan of comprehensively administering the country according to law, improve the decision-making mechanism according to law, and ensure that the decision-making system is scientific, due process, open process and clear responsibilities, according to the relevant provisions of the Organic Law of China People's Congress and local people's governments at all levels, the Decision of the Central Committee of the Communist Party of China on Comprehensively Promoting Governing the Country according to Law and the Working Rules of Gansu Provincial People's Government, combined with reality, Article 2 The major administrative decisions of the provincial government mentioned in these Provisions include the following matters:

(a) to propose draft local regulations and formulate government regulations;

(two) the preparation of national economic and social development plans and annual plans;

(3) Major financial arrangements in budget preparation;

(four) the preparation or adjustment of various master plans, important regional plans and special plans;

(five) the formulation and adjustment of emergency plans for major public emergencies;

(six) major government investment projects and major issues in the disposal of state-owned assets;

(seven) the formulation or adjustment of the prices of important public utilities, public services and natural monopoly commodities and services;

(eight) to formulate major measures involving the province's economic development, reform and opening up and social stability;

(nine) the formulation and adjustment of major administrative measures directly related to public safety;

(ten) other fundamental, strategic and overall major issues that require government decision-making. Article 3 The major administrative decisions of the government shall take public participation, expert argumentation, risk assessment, legality review and collective discussion as legal procedures, and adhere to the following principles:

(1) Principles of scientific decision-making. Insist on proceeding from reality, use scientific methods, respect objective laws, and ensure that decision-making conforms to objective reality and the needs of economic and social development.

(2) the principle of democratic decision-making. Adhere to the combination of democratic centralism and the chief executive responsibility system, implement the mass line, ensure that the people participate in decision-making through various channels, and ensure that decision-making conforms to the interests of the overwhelming majority.

(3) the principle of decision-making according to law. Adhere to the decision-making strictly abide by the Constitution and laws, and ensure that the decision-making authority is legal, the procedure is legal, and the entity is legal. Chapter II Public Participation Article 4 The major administrative decisions of the government, except those involving state secrets and commercial secrets, shall be guided by appropriate means and subject to social supervision. Article 5 The undertaking unit of major administrative decision-making matters shall, according to the scope and extent of the impact of the decision on the public, take the forms of publicity, investigation, discussion, demonstration meeting and hearing, and fully listen to the rationalization opinions and suggestions put forward by the public.

To solicit public opinions, we should comprehensively consider factors such as region, nationality, occupation, specialty and influence degree, and reasonably select citizens, legal persons or other organizations to be consulted. Sixth major administrative decision-making matters can be publicized through newspapers, radio, television, government portals and other media. The publicity contents shall include: the name and main contents of the decision-making matters, basic information, decision-making basis and reasons, feedback methods and time, and other contents that should be publicized. The publicity period is generally not less than 7 working days. Article 7 In the process of public participation, the organizers of major administrative decision-making matters should listen to opinions from all sides comprehensively and objectively, especially the objections and amendments to major administrative decision-making matters. It is strictly forbidden to listen only to the opinions in favor, and it is strictly forbidden to omit or conceal the objections and amendments. Eighth major administrative decision-making matters, the organizer shall summarize the public participation, form a written report, and submit it to the provincial government for consideration together with the decision-making matters. The report should make clear and conclusive recommendations.

The results of public participation, as one of the important bases of the provincial government's administrative decision-making, should be adopted. Ninth major administrative decision-making matters, the contractor shall, according to the situation, the public opinion is not mature or for other reasons can not be absorbed, explain the reasons or explain. Chapter III Expert Demonstration Article 10 The provincial government shall establish an expert database for consulting major administrative decisions, and the duty of warehousing experts is mainly to consult and demonstrate major administrative decisions of the provincial government. Experts implement dynamic management and relevant interest avoidance system. Eleventh selection of experts to participate in the demonstration of major administrative decisions should meet the following basic conditions:

(a) high political quality, firm ideals and beliefs, high level of policy theory;

(two) profound academic attainments, with great influence and popularity in related professional fields;

(3) Having rich practical experience and being familiar with relevant laws, regulations, technical specifications and standards;

(four) a strong sense of responsibility, in time and energy to ensure participation in the entrusted demonstration work;

(five) has a high degree of social recognition, impartiality and integrity, and can objectively, independently, impartially and responsibly put forward arguments. Twelfth major administrative decisions should be demonstrated from the following aspects:

Necessity study;

(2) scientific research;

(3) Feasibility study;

(4) Research on economic and social benefits;

(5) Study on the implementation conditions;

(six) the impact on environmental protection, residents' health and production safety and social stability;

(7) Study on the controllability of negative effects;

(eight) other necessary related factors.