If major administrative decision-making matters need to be reported to the higher authorities for approval according to law, the government shall put forward major administrative decision-making plans in accordance with these Provisions and report them to the higher authorities for approval.
Major administrative decision-making matters shall be submitted to the people's congress at the same level or its standing Committee for deliberation and decision according to law. After the government puts forward a major administrative decision-making plan in accordance with these provisions, it shall submit it to the people's congress at the same level or its standing Committee for deliberation and decision according to law. Article 3 Major administrative decisions shall follow the principles of science, democracy and legality, and an administrative decision-making mechanism combining public participation, expert consultation, risk assessment, legality review and collective decision shall be implemented. Article 4 The general office of the government shall be responsible for organizing the implementation of these Provisions.
The legal institution of the government is responsible for reviewing the legality of decision-making.
Administrative supervision organs are responsible for administrative supervision of the decision-making and implementation of government functional departments and lower-level governments. Chapter II Scope of Decision-making Article 5 The term "major administrative decisions" as mentioned in these Provisions refers to the decisions made by the government on major issues that have a bearing on the overall economic and social development of the administrative region, involve a wide range of society and are closely related to the interests of citizens, legal persons and other organizations. Article 6 The major administrative decisions mentioned in these Provisions (hereinafter referred to as decisions) include the following contents:
(a) to formulate major policies and measures for economic and social development;
(two) the preparation and revision of all kinds of economic, social and cultural development and public service master plan;
(three) the use of major financial funds, the arrangement of major government investment projects, and the disposal of major state-owned assets;
(4) Developing and utilizing important natural resources;
(five) to formulate major policies and measures in urban construction, environmental protection, land management, employment, social security, culture and health, science and technology education, housing security, traffic management and so on. ;
(six) to formulate major measures for the reform of the administrative management system;
(seven) other major administrative matters that require government decision-making. Article 7 These Provisions shall not apply to the following matters:
(a) the formulation of government regulations and the drafting of local regulations;
(2) Appointment and removal of government personnel;
(three) to formulate measures for the administration of internal affairs of the government;
(4) Emergency handling of emergencies;
(five) other matters that have been stipulated by laws, regulations and rules on decision-making procedures. Chapter III Decision-making Procedures Section 1 Decision-making Drafting Article 8 The chief executive of the government or the leaders in charge may directly put forward decision-making suggestions and designate a decision-making drafting department.
The general office of the government (room) and various functional departments of the government can make decision-making suggestions to the government; The lower level government can make decision-making suggestions to the higher level government; Citizens, legal persons or other organizations may make decision-making suggestions to the government directly or through various functional departments of the government. If the chief executive of the government or the leaders in charge approve and agree to start the decision-making procedure after receiving the decision-making proposal, they shall designate the decision-making drafting department. Article 9 The decision-making drafting department may organize the drafting of the draft decision by itself, or entrust relevant experts or professional research institutions to draft the draft decision. The draft decision should include decision-making objectives, tasks, measures and methods, time steps, decision-making executive departments and coordination departments, budget, post-decision evaluation plan and so on. , and shall be accompanied by the drafting instructions of the decision.
The drafting of the draft decision should have legal and policy basis, carry out investigation and study, and comprehensively grasp and analyze the relevant situation involved in the decision-making matters.
More than two alternative decision-making schemes should be drawn up for major administrative decisions that need to be compared and studied with multiple schemes. Article 10 The decision-making drafting department shall make a decision-making risk assessment on the draft decision. Decision-making risk assessment can be classified and entrusted to relevant specialized research institutions.
The decision-making risk assessment report shall, according to the needs of decision-making, make a cost-benefit analysis of the draft decision, make a risk assessment from the aspects of finance, economy, social stability, environmental ecology or legal disputes, and put forward corresponding prevention, mitigation or solution measures. Eleventh decision-making drafting departments should organize expert consultation meetings, invite more than five experts in related fields or entrust professional research institutions to consult on the necessity and feasibility of decision-making. After argumentation, experts or professional research institutions will issue written consultation opinions with signatures or seals.
The government should establish a decision-making consulting expert database. Article 12 The decision-making drafting department shall solicit the opinions of other relevant functional departments of the government at the same level and the governments at lower levels on the draft decision.
The decision-making drafting department shall consult with the unit that put forward the opinions that are not adopted by other departments and lower-level governments; If no consensus can be reached through consultation, the decision-making drafting department shall make a special explanation.
The decision-making drafting department shall, according to the risk assessment report, expert opinions and the opinions of other departments and lower-level governments, make amendments and form a draft for soliciting opinions on the decision.