Article 1 These Provisions are formulated in accordance with the Organic Law of People's Republic of China (PRC) Local People's Congresses and Local People's Governments at Various Levels and other relevant laws and regulations, and in light of the actual situation of this Municipality, in order to standardize the major administrative decision-making actions of the government, promote the scientific, democratic and legal decision-making, and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 These Provisions shall apply to the major administrative decision-making procedures of the Municipal People's Government and the district and county people's governments (hereinafter referred to as the government).
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 Decision-making Scope
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 suggestions on decision-making 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.
Section 2 Public Participation
Thirteenth decision-making drafting departments to solicit public opinions on the draft decision shall be approved by the government, and the specific procedures shall be implemented in accordance with the provisions of the Municipal People's Government on soliciting public opinions on major livelihood decisions.
Article 14 Where the draft for soliciting opinions on decision-making is made public, the decision-making drafting department shall conduct it through newspapers, internet, radio and television and other public media. The time for public consultation shall not be less than 20 days.
The public can put forward opinions and suggestions on the draft decision, and can also put forward other decision-making schemes.
Fifteenth decision-making drafting departments in accordance with the provisions of article fourteenth to solicit public opinions, but also through hearings, seminars, questionnaires and other means to solicit public opinions.
Sixteenth to solicit public opinions by way of hearing shall be carried out in accordance with the following requirements:
(1) The hearing shall be organized by the decision-making drafting department;
(2) The hearing is composed of the host, the hearing officer and the hearing representative;
(three) the hearing shall be held in public, and the organization department of the hearing shall announce the time, place and content of the hearing and the registration conditions of the hearing representatives at least 10 days in advance, and accept the public registration;
(four) the hearing representative shall be determined by the hearing organization department according to the content and influence scope of the hearing, and the on-the-job civil servant shall not be elected as the hearing representative;
(five) the draft decision, drafting instructions and other related materials shall be delivered to the hearing representative at least 5 days before the hearing is held;
(six) hearing transcripts and hearing reports shall be made; The decision-making drafting department shall fully consider and adopt the reasonable opinions of the hearing representatives; If it is not adopted, it shall explain the reasons;
(seven) the hearing should have observers, allowing the masses to attend and report by the news media.
The Municipal People's Government shall, in accordance with the provisions of this article, formulate the provisions of the decision-making hearing procedure separately.
Seventeenth forums and other means to solicit public opinions, the decision-making drafting department shall invite interested citizens, legal persons or other social organizations to participate. The draft for soliciting opinions on decision-making and its drafting instructions shall be delivered to the representative at least 5 days in advance.
Where public opinions are solicited by means of opinion polls, an independent investigation and research institution shall be entrusted and a written investigation report shall be made.
Eighteenth after the completion of public participation, the draft decision should be reviewed by the legal institution of the decision-making drafting department, and after the collective discussion and approval of the leadership of the decision-making drafting department, the draft decision and its drafting instructions will be formed.
The drafting instructions of the draft decision shall explain the adoption of public opinions.
Section III Legitimacy Review
Nineteenth decision-making drafting department shall submit the draft decision to the government for deliberation, and submit the following materials to the government office (room):
(1) Request for instructions submitted to the government for deliberation;
(two) the draft decision and drafting instructions;
(three) the legal basis and policy basis of the draft;
(four) summary materials, risk assessment reports, expert opinions, hearing reports and other related materials.
Twentieth government offices (offices) shall make a treatment within 5 working days after receiving the materials submitted by the decision-making drafting department. If the materials are complete, the draft decision will be sent to the legal institution of the government at the same level for legality review; If the materials are incomplete, they shall be returned to the decision-making drafting department for supplementary materials.
A draft decision that has not been examined by the legal institution of the government shall not be submitted to the government for deliberation.
Twenty-first government legal institutions shall, within 10 working days from the date of receipt of the materials submitted for deliberation, put forward the legality review opinions.
Twenty-second government legal institutions should review the legality from the following aspects:
(a) whether the decision-making matters are within the statutory functions and powers of the government;
(2) Whether the contents of the draft are legal;
(3) Whether the drafting process of the draft complies with the prescribed procedures.
In the process of legality review, the legal institution of the government may request the decision-making drafting department to supplement relevant materials.
Twenty-third government legal institutions in the review of legality, that it is necessary, you can invite relevant experts to demonstrate the legitimacy. Legal argumentation opinions should be used as one of the basis for the government legal institutions to put forward examination opinions.
Twenty-fourth government legal institutions shall put forward the following review opinions on the draft decision according to different situations:
Proposals submitted to the government for consideration;
(2) It is suggested to be submitted to the government for deliberation, but some contents of the draft need to be revised and improved;
(three) the draft decision is beyond the statutory authority of the government, and there are major problems in the draft content or drafting procedures that need to be revised and improved. It is recommended not to submit it to the government for deliberation.
Section IV Deliberations and Decisions
Article 25 The draft decision shall be deliberated and decided by the plenary meeting or executive meeting of the government.
The general office of the government (room) shall, within 10 working days after receiving the legal review opinions of the government legal institutions. If it is considered that it can be submitted to the government for deliberation, it shall be submitted to the plenary meeting or executive meeting of the government arranged by the chief executive of the government for deliberation. If it is considered that it cannot be submitted to the government for deliberation for the time being, it shall be returned to the decision-making drafting department for revision and improvement.
Twenty-sixth plenary session or executive meeting of the government shall make a decision on the adoption, disapproval, amendment, reconsideration or shelving of the draft decision.
During the shelving of the draft decision, the decision-making drafting department may submit it to the government for reconsideration according to the actual situation, and whether or not to reconsider it shall be decided by the chief executive of the government. Draft decisions that have been shelved for more than 1 year will not be considered.
Twenty-seventh unless it should be kept confidential according to law, the decision-making matters, basis and decision-making results should be made public through government websites, newspapers and other public media.
Twenty-eighth decision-making drafting departments shall, in accordance with the relevant provisions of the Archives Law of People's Republic of China (PRC), timely sort out and file the relevant materials formed in the decision-making process.
Chapter IV Decision Management
Article 29 A post-decision evaluation system shall be implemented. The post-decision evaluation shall be organized in accordance with the following provisions:
(a) the evaluation organization unit is the decision-making executive department;
(two) the evaluation should be carried out regularly, and its cycle depends on the time limit or validity period of the decision;
(3) If a professional research institution is entrusted for evaluation, the professional research institution shall not participate in the relevant demonstration and evaluation work in the decision-making drafting stage;
(four) the bid evaluation shall solicit public opinions; Citizens, legal persons or other organizations may put forward evaluation opinions and suggestions on the implementation of the decision, and the evaluation organization unit shall give a written reply to the adoption and explain the reasons;
(5) The evaluation institution shall make a post-decision evaluation report and submit it to the government. The post-decision evaluation report shall evaluate the content and implementation of the decision, and put forward suggestions on continuing, stopping, suspending or modifying the content of the decision.
If the decision-making objectives cannot be fully or partially realized due to force majeure or major changes in objective conditions during the implementation process, the decision-making executive department shall promptly organize to take temporary remedial measures and organize post-decision evaluation in accordance with the provisions of items (1), (3), (4) and (5) of the preceding paragraph of this article.
Thirtieth after the decision-making evaluation report suggests to stop or suspend the implementation of the decision, it should be discussed and agreed by the plenary meeting or executive meeting of the government to stop or suspend the implementation of the decision.
If the decision-making evaluation report suggests major changes to the decision-making content, it shall be implemented in accordance with the procedures stipulated in Chapter III of these Provisions.
If the government decides to stop, suspend or modify, the decision-making department shall take effective measures to avoid or reduce economic losses and adverse social impacts as much as possible.
Article 31 The general office (office) of the government, the administrative supervision organ and the legal institution of the government shall organize inspection and supervision on the drafting, implementation and evaluation of the decision, take follow-up inspection, supervision and reminders and other measures according to the content of the decision and the deployment of government work, ensure that the decision is formulated and implemented in accordance with the prescribed procedures, and report the supervision and inspection to the government in time.
Thirty-second citizens, legal persons or other social organizations have the right to supervise the decision-making and implementation, and can put forward opinions or suggestions to the government, the decision-making drafting department, the decision-making implementation sponsoring department and the cooperation department.
Deputies to the National People's Congress and CPPCC members shall supervise decision-making and implementation according to law.
Thirty-third administrative organs and related staff in violation of these provisions, or dereliction of duty, corruption and bribery in the process of drafting, implementing and supervising this decision, shall be investigated for responsibility in accordance with the relevant provisions of the Regulations on Disciplinary Actions of Civil Servants of Administrative Organs. If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Chapter V Supplementary Provisions
Thirty-fourth government departments, town governments and sub-district offices shall formulate and improve decision-making procedures in light of the actual situation of their own units and regions.