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No. 266 Order of Wuhan Municipal People’s Government
    2017-03-10

 

It is hereby promulgated that the Provisions of Wuhan Municipal People’s Government on the Procedures for Major Administrative Decision-Making have been adopted at the 134th Executive meeting of Wuhan Municipal People’s Government on June 29, 2015, and shall be implemented as of September 1, 2015.

 

 

Mayor: Wan Yong

July 21, 2015


Provisions of Wuhan Municipal People’s Government on the Procedures for Major Administrative Decision-Making

 

Chapter One   General Provisions

Article 1   With a view to regulating the major administrative decision-making of the Municipal People’s Government, ensuring the legality, rationality and democracy of major administrative decisions, and strengthening the government credibility and executive ability, these Provisions are formulated in accordance with the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China and other relevant laws and regulations, and in the light of the actual situation of this Municipality.

Article 2   These Provisions are applicable to the formulation, implementation and administration of major administrative decisions of the Municipal People’s Government.

Article 3   The major administrative decisions as used in these Provisions mean the decisions on major issues that have strategic significance to the overall economic and social development within the administrative areas of this Municipality, involve many social aspects, and are closely related to the vital interests of the people, which are made by the Municipal People’s Government in the process of performing its responsibilities including macroeconomic regulation and control, market supervision, public services, and social administration according to law.

Article 4   Major administrative decisions shall be made in a legal, scientific, democratic, open and efficient way through the procedures of public participation, expert judgment, risk assessment, legality review, group discussion and decision, and decision assessment. A lifetime and reverse accountability system for decision failures shall be practiced.

Article 5   The General Office of the Municipal People’s Government shall be responsible for drafting the lists and annual catalogues of major administrative decisions, arranging meetings, and organizing and monitoring the decision assessment.

A drafter of major administrative decisions (hereafter referred to as a “decision drafter”) shall be responsible for organizing the public participation, expert judgment and risk assessment in the process of major administrative decision-making.

The legal institution under the Municipal People’s Government shall be responsible for the legality review of major administrative decisions.

The municipal department of supervision shall be responsible for the administrative supervision of major administrative decisions.

Other departments under the Municipal People’s Government shall be responsible for the work related to the major administrative decision-making in line with their respective responsibilities.

 

Chapter Two   Scope of Decisions and Catalogue Management

Article 6   The scope of major administrative decisions shall cover:

(1) formulation and revision of the national economic and social development plans, annual plans, urban master plans, and overall land use plans, as well as the major special plans and regional plans initiated by the Municipal People’s Government;

(2) formulation of major policies and measures concerning overall and intensified reforms;

(3) formulation of major public policies and measures concerning market supervision, public services, social management, natural resources, environmental protection, etc;

(4) formulation and adjustment of the items and prices of administrative charges and governmental funds, as well as the prices of important public utilities and public welfare services subject to government pricing;

(5) approval of major government investments and major government construction projects; and

(6) other major issues directly related to the public interests or of great social concern.

The General Office of the Municipal People’s Government shall, jointly with the municipal departments of development and reform, finance, land, resources and planning, environmental protection, urban and rural construction, and transportation, as well as the legal institution under the Municipal People's Government, work out an annual catalogue for the decision issues within the scope provided in the preceding paragraph.

The proposal of the drafts of local rules and regulations, formulation of the rules and regulations of the Municipal People’s Government, appointment and removal of personnel, and handling of major emergencies shall conform to the relevant laws, regulations and rules. Non-major administrative decisions shall be made according to the relevant provisions of the Working Rules of Wuhan Municipal People's Government (W.Zh.[2013]No.101).

Where laws and administrative regulations provide otherwise on the decision-making procedures for the decision issues specified in the first paragraph of this Article, such provisions shall prevail.

Article 7   The decision issues are incorporated into an annual catalogue. The General Office of the Municipal People’s Government shall formulate an annual catalogue based on the list of decision issues of the Municipal People’s Government (hereafter referred to as a “catalogue”).

Article 8   Every year a decision proposer shall submit within the prescribed time limit its proposal of the decision issues to the General Office of the Municipal People’s Government for review. 

During the process of review, the General Office of the Municipal People’s Government shall compile into the draft of an annual catalogue the issues of decisions to be made by the Municipal People’s Government as provided by the Working Rules of Wuhan Municipal People's Government (W.Zh.[2013]No.101), and as a required procedure, submit it to the executive meeting of the Municipal People’s Government for deliberation.

A catalogue that has passed the deliberation shall be printed and distributed by the General Office of the Municipal People’s Government for implementation.

Article 9   Dynamic management is exercised over a catalogue. A decision proposer shall, based on the changes of annual work of the Municipal People’s Government, give suggestions promptly on the changes of decision issues and fulfill the procedures under Article 8 of these Provisions.

 

Chapter Three   Draft Decisions

Article 10   The drafter of a major administrative decision under the catalogue is determined by the following rules: 

(1) With respect to a decision issue directly proposed by the mayor or deputy mayor of the Municipal People’s Government, the drafter is determined in line with the statutory responsibilities of the departments under the Municipal People’s Government. Where several departments are involved, the mainly responsible department is the drafter; in lack of a mainly responsible department, the drafter shall be designated by the mayor or deputy mayor of the Municipal People’s Government;

(2) With respect to a decision issue proposed by a department under the Municipal People’s Government or a people’s government at an inferior level, the department or the people’s government at an inferior level who has raised the proposal is the drafter;

(3) With respect to a decision issue proposed by the members of the People’s Congress or the CPPCC via suggestion, bill or proposal, the department that has accepted the suggestion, bill or proposal is the drafter; and

(4) With respect to a decision issue proposed by citizens, legal entities or other organizations to the Municipal People’s Government, the relevant department under the Municipal People’s Government is the drafter.

A decision Drafter shall invite the members of the People’s Congress or the CPPCC, citizens, legal entities or other organizations who have raised the proposals to participate in drafting the major administrative decisions (hereafter referred to as “draft decisions”).

Article 11   A decision drafter may formulate the first draft itself or entrust relevant experts or professional research institutes to work out the first draft. The first draft shall cover the decision targets, work tasks, measures and approaches, time and procedures, decision implementer and supportive departments, budget, and decision assessment, along with the draft instructions. 

While formulating the first draft, a decision drafter shall carry out investigation and study in accordance with the relevant laws, regulations and rules, grasp and analyze the information related to the decision issue.

With respect to the major administrative decisions requiring comparative studies among different alternatives, two or more options shall be prepared.

Article 12   A decision drafter shall investigate the main risk sources and risk points of a major administrative decision issue. If the investigation shows that risks exist in the social stability, ecological environment, finance and public security, a risk assessment shall be organized. 

In a risk assessment on social stability, the social disputes, mass disturbance or other unstable factors and indicators that may arise from a major administrative decision are assessed to determine the risk level, and a solution is proposed.

In a risk assessment on ecological environment, the possible environmental impacts that may be caused by a major administrative decision are analyzed, forecast and evaluated, and a solution is proposed for preventing or alleviating adverse environmental impacts.

In a financial risk assessment, the input, affordability and cost effectiveness of financial funds are analyzed and evaluated, and a solution is proposed.

In a risk assessment on public security, the possible impacts on public security that may be caused by a major administrative decision are analyzed, forecast and evaluated to determine the risk level, and a solution is proposed for preventing or alleviating adverse impacts on public security.

A third-party professional assessment agency with corresponding qualifications may be entrusted for the risk assessment of a major administrative decision.

Article 13   A decision drafter shall give careful consideration to the opinions from relevant departments, and its risk assessment report shall provide the risk level, risk prevention measures and a solution.

Article 14   Expert judgment is applied to the major administrative decision-making. With respect to a major administrative decision issue that involves complicated professional or technical knowledge, a decision drafter shall hold an expert judgment meeting consisting of five or more experts from its expert database for major administrative decisions, or entrust a professional research institute to carry out a demonstration on the necessity and feasibility of a major administrative decision.

A decision drafter shall not select an expert or professional agency that has a direct interest with a major administrative decision issue or may possibly affect the objectiveness and fairness of a major administrative decision.

Experts who participate in expert judgment shall issue a written judgment report with signatures or seals as an important basis for a major administrative decision.

 

Chapter Four   Comments

Article 15   With respect to the first drafts of decisions, decision drafters shall solicit comments from the Municipal People’s Government and the people’s governments at the district level (including the administration committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot, Wuhan Chemical Industry Park, and Wuhan New Port, the same hereinafter).

Article 16   A decision drafter shall, with consideration of the risk assessment report and expert judgment report, as well as the comments from the districts and relevant departments, work out an exposure draft to solicit public opinions.

A decision drafter may solicit public opinions via government websites, government bulletins, press conferences as well as news media such as newspaper, broadcast, TV and internet, or via questionnaires or informal discussions. The duration of exposure shall not be less than 30 days. In the event of an emergency that requires shortening of the duration, a notice shall be given along with the exposure.  

With respect to a major administrative decision issue directly related to the public interests or of great social concern, the decision drafter shall publicize the entire information timely and accurately and explain in a proper way the hot topics among the public.

Article 17   A hearing shall be held in any of the following circumstances:

(1) A hearing is required by laws, regulations and rules; or

(2) A decision issue is directly related to the public interests or of great social concern, or the public has major disagreements with the solution of a major administrative decision; therefore, the Municipal People’s Government decides to hold a hearing.

A hearing shall be held openly, unless it involves state secret, commercial secret or individual privacy.

Article 18   A hearing held for soliciting public opinions shall meet the following requirements:

(1) A decision drafter is the organizer;

(2) A hearing is composed of a presider, a secretary, presenters and representatives;

(3) The organizer of a hearing shall, 30 days before the hearing date, publicize the number of hearing representatives to be allowed and the application requirements and procedures via government websites or news media, and meanwhile accept applications, and shall, 15 days before the hearing date, publicize the time, venue and topic of the hearing and the name list of representatives.

(4) The organizer of a hearing shall, in view of the hearing topic and scope of influence, select representatives rationally from different interest groups;

(5) The exposure draft, draft instructions and other relevant materials shall be delivered to the representatives at least ten days prior to the hearing date;

(6) A decision drafter shall make a hearing record and formulate a hearing report in full consideration of the reasonable comments from the representatives. For any comment not to be accepted, a decision drafter shall discuss with the representatives and specify the reason in its hearing report.

(7) A hearing shall have a public gallery for the public and the news media.

Where laws, regulations and rules provide otherwise on the hearing procedures, such provisions shall prevail.

Article 19   A decision drafter shall, before deliberation by the Municipal People’s Government, submit its draft to the dedicated committees under the Municipal People’s Congress and the CPPCC Wuhan Municipal Committee to solicit their comments. If a major administrative decision involves the responsibilities of judiciary authorities, the decision drafter shall seek for comments from the judiciary authorities.

Article 20   A decision drafter shall, upon completion of the solicitation for comments, amend and improve the exposure draft into a revised draft. If no major disagreements exist, the revised draft shall, after passing the group discussion of the leaders of a decision drafter, be submitted to the Municipal Peoples Government for deliberation.

If major disagreements exist, a decision drafter shall coordinate actively; if an agreement cannot be reached after coordination, the General Office of the Municipal People’s Government shall, together with a decision drafter, sort the comments into a statement and submit it to the Municipal Peoples Government for decision.

 

Chapter Five   Review, Decision-Making and Publicity

Article 21   A decision drafter shall submit the following materials along with the decision draft to the Municipal People’s Government for deliberation:

(1) an application for deliberation;

(2) the decision draft and instructions;

(3) the applicable laws, regulations, rules and policies governing the decision draft; and

(4) a statement of comments, risk assessment report, expert judgment report and other relevant materials, as well as a hearing report if the hearing procedure has been fulfilled.

The General Office of the Municipal People’s Government shall respond within five working days as of the date of receipt of the decision draft and relevant materials. If the provided materials are complete, it shall deliver the decision draft to the legal institution under the Municipal People’s Government for legality review; if the provided materials are not complete, it shall return the materials to a decision drafter for completing the materials.

Article 22   A legality review mechanism is practiced for major administrative decision-making. A decision draft without review by the legal institution under the Municipal People’s Government shall not be submitted to the Municipal People’s Government for deliberation. The legal institution under the Municipal People’s Government shall make comments on legality review within ten working days as of the date of receipt of the review materials. For a crucial, difficult or complicated decision draft, the review duration can be extended by ten working days.

In a legality review, the following shall be examined:

(1) whether a major administrative decision issue belongs to the legal jurisdiction of the Municipal People’s Government;

(2) whether the content of a decision draft is legal;

(3) whether the drafting process of a decision draft conforms to the prescribed procedures; and

(4) other legal matters.

In the process of legality review, the legal institution under the Municipal People’s Government may require a decision drafter to submit supplementary materials. The time for preparing supplementary materials is not included into the review duration.

In the process of legality review, the legal institution under the Municipal People’s Government may, if it considers necessary, invite relevant legal experts to judge the legality, and shall take full consideration of and adopt the reasonable comments from the experts.

The legal institution under the Municipal People’s Government shall, depending on different circumstances, make the comments as follows in writing on a decision draft: 

(1) It is suggested to submit the draft to the Municipal People’s Government for deliberation;

(2) It is suggested to submit the draft to the Municipal People’s Government for deliberation after amendment and improvement;

(3) It is not suggested to submit the draft or it is suggested to postpone the submission to the Municipal People’s Government for deliberation, if the decision draft goes beyond the legal jurisdiction of the Municipal People’s Government or major problems exist in its content or drafting procedure.

Article 23   If a major administrative decision issue is involved in any of the following special circumstances and is not governed by the Emergency Response Law of the People's Republic of China, upon approval of the mayor or deputy mayor of the Municipal People’s Government, the procedures of public participation, expert judgment and risk assessment provided under these Provisions may be exempted, while the procedures of legality review and group discussion shall still be fulfilled:

(1) Prompt decision-making is needed to ensure the public security, economic security and social stability;

(2) Prompt decision-making is needed to implement an urgent order or decision from a superior organ; or

(3) Prompt decision-making is needed in other circumstances.

A decision drafter involved in any of the circumstances described in the preceding paragraph shall, in its draft instructions, state the reasons for not going through the procedures of public participation, expert argumentation and risk assessment.

Article 24   A decision draft shall undergo group deliberation at a plenary or executive meeting of the Municipal People’s Government.

The General Office of the Municipal People’s Government shall respond within ten working days as of the date of receipt of the comments of legality review from the legal institution under the Municipal People’s Government. If it considers that a draft is qualified for submission to the Municipal People’s Government for deliberation, it shall submit the draft to the mayor of the Municipal People’s Government who shall organize a plenary or executive meeting for deliberation. If it considers that a draft is temporarily unqualified for submission to the Municipal People’s Government for deliberation, it shall return the draft to the decision drafter for amendment and improvement. If it considers that a draft is unqualified for submission to the Municipal People’s Government for deliberation, it shall return the draft to the decision drafter and state the reasons.

The deliberation procedures for major administrative decisions are as follows:

(1) making instructions by a decision drafter; and

(2) going through group deliberation.

A plenary or executive meeting of the Municipal People’s Government shall make a decision on a draft as follows: “adopted”, “not adopted”, “to be deliberated after revision”, or “deliberation suspended”.

During the period of suspension of deliberation, a decision drafter may, in the light of the changes of the actual situation, apply to the Municipal People’s Government for a second deliberation, and whether to deliberate or not is decided by the mayor of the Municipal People’s Government. A decision draft the deliberation of which has been suspended for over two years shall not be deliberated again.

Article 25   The members of a plenary or executive meeting of the Municipal People’s Government shall fully express their opinions while deliberating a major administrative decision issue. The opinions of members, their discussions and decision shall be recorded faithfully, and the disagreements shall also be stated clearly.

Article 26   For a major administrative decision issue subject to approval by a superior organ, the following provisions shall be abided by.

For a decision draft requiring report to or deliberation and decision-making by the Municipal People’s Congress and its Standing Committee according to law, the relevant legal procedures shall be followed.

For a major administrative decision issue that has been incorporated into the catalogue of consultation of the Municipal People’s Political Consultative Conference, the decision draft shall follow the procedures for democratic consultation as provided.

Article 27   The issues and basis of major administrative decisions as well as the finalized decisions shall be publicized via government websites and news media, unless they that shall be kept confidential according to law.

 

Chapter Six   Implementation and Supervision

Article 28   The implementer of a major administrative decision (hereinafter referred to as a decision implementer) determined in line of its statutory duties or designated by the Municipal People’s Government shall, in accordance with its tasks and responsibilities, formulate and implement its implementation plan and keep track of the implementation effect, so as to ensure the quality and progress of implementation.

Article 29   A decision assessment system is practiced for major administrative decision-making. Decision assessment shall conform to the following provisions:

(1) A decision implementer is the responsible body of assessment;

(2) Periodic assessment shall be organized as per the time limit or effective period for the implementation of a major administrative decision;

(3) A third party professional research institute entrusted for assessment shall not have participated in the judgment and assessment during the drafting stage of a major administrative decision;

(4) Public opinions shall be solicited during decision assessment. Citizens, legal entities or other organizations may raise their opinions or suggestions on the implementation of a major administrative decision, and the responsible body of assessment shall give a written reply on whether the opinions or suggestions are adopted with reasons stated;

(5) The responsible body of assessment shall formulate an assessment report and submit it to the Municipal People’s Government. In an assessment report, the content and implementation of a major administrative decision shall be assessed, and suggestions shall be given on whether to continue, stop or suspend implementation or to implement after revision.

In the event of force majeure or major changes of the objective circumstances, which causes a failure of implementation of the whole or partial targets of a major administrative decision, a decision implementer shall promptly take temporary remedial measures and organize decision assessment as provided in the preceding paragraph.

Whether to stop or suspend the implementation of or to make significant revisions over a major administrative decision as suggested in an assessment report shall be decided by a plenary or executive meeting of the Municipal People’s Government through discussion.

Where approval of a superior administrative organ or deliberation and decision-making by the Municipal People’s Government and its Standing Committee is required, the relevant procedures shall be followed.

If the Municipal People’s Government decides to stop or suspend the implementation of or revise a major administrative decision, the decision implementer shall take effective measures to alleviate or minimize the economic losses and unfavorable social impacts.

Article 30   The supervisory department under the Municipal People’s Government shall, in accordance with the decision content and government work arrangement, exercise follow-up examination and supervision over the drafting, implementation and assessment process of a major administrative decision, ensure that the formulation and implementation of a decision conforms to the established procedures, and timely report to the Municipal People’s Government on the supervision and examination results.

Citizens, legal entities or other organizations shall have the right to supervise the formulation and implementation of a major administrative decision, and may raise opinions or suggestions to the Municipal People’s Government, a decision drafter or a decision implementer.

The members of the Municipal People’s Congress and the CPPCC Wuhan Municipal Committee shall exercise supervision over the formulation and implementation of a major administrative decision according to law.

 

Chapter Seven   Legal Responsibilities

Article 31   If a decision maker or drafter makes a serious error in a major administrative decision due to its violation of these Provisions, or fails to make a decision promptly according to the law, thus resulting in major losses and adverse effects, the chief functionary-in-charge and other responsible leaders and directly responsible persons shall be investigated for their responsibilities in accordance with the relevant provisions of the Regulations on the Punishment of Civil Servants of Administrative Organs (Order No. 495 of the State Council), the Interim Provisions on the Implementation of Accountability System for Party and Government Leaders (Z.B.F.[2009] No. 25), and the Measures of Wuhan Municipality for the Investigation of Administrative Fault Liability (Order No. 257 of the Municipal People’s Government); if a crime is constituted, the criminal responsibilities shall be investigated according to law.

Article 32   If a decision implementer, in violation of these Provisions, fails to implement entirely, promptly and accurately a major administrative decision of the Municipal People’s Government, the chief functionary-in-charge and other responsible leaders and directly responsible persons shall be investigated for their responsibilities in accordance with the relevant provisions of the Regulations on the Punishment of Civil Servants of Administrative Organs (Order No. 495 of the State Council), the Interim Provisions on the Implementation of Accountability System for Party and Government Leaders (Z.B.F.[2009] No. 25), and the Measures of Wuhan Municipality for the Investigation of Administrative Fault Liability (Order No. 257 of the Municipal People’s Government); if a crime is constituted, the criminal responsibilities shall be investigated according to law.

Article 33   A lifetime accountability system for errors and failures of entire, prompt and accurate implementation of major administrative decisions shall be practiced. The job relocation, suspension from office, resignation or retirement of a chief functionary-in-charge, a responsible leader or a directly responsible person whose responsibilities shall be investigated as provided in Articles 31 and 32 of these Provisions shall not affect the investigation of his/her responsibilities.

Article 34   A reverse accountability system for errors and failures of entire, prompt and accurate implementation of major administrative decisions shall be practiced.  Decision drafters and implementers shall, in accordance with the relevant provisions of the Archives Law of the People's Republic of China, timely file all the materials formed in the process of decision making and implementation. Where the procedures for responsibility investigation are activated as provided in Articles 31 and 32 of these Provisions, a competent department in charge of responsibility investigation shall track clues and determine responsible bodies by a reverse investigation according to the archives.  

Article 35   If, during the process of major administrative decision-making of the Municipal People’s Government, an entrusted expert or professional service agency or organization violates the relevant laws, regulations, rules, or State provisions, or fails to perform the contract, resulting in serious consequences, an organ concerned shall terminate the contract according to law and investigate the legal responsibilities of the directly responsible persons according to law.

 

Chapter Eight   Supplementary Provisions

Article 36   The people’s governments at the district level and the departments under the Municipal People’s Government shall formulate specific measures for implementation in the light of their actualities.

Article 37   These Provisions shall come into force as of September 1, 2015. Meanwhile, the Notice of Municipal People’s Government concerning Printing and Distribution of the Provisions of Wuhan Municipal People’s Government on the Procedures for Major Administrative Decision-Making (Trial) (W.Z.[2005] No. 1), the Notice of Municipal People’s Government concerning Printing and Distribution of the Measures of Wuhan Municipal People’s Government for Expert Judgment of Major Administrative Decision Issues (Trial) and the Measures of Wuhan Municipal People’s Government for Hearing of Major Administrative Decision Issues (Trial) (W.Z.[2006] No. 18) shall be repealed therefrom.

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