Provisions of Shanghai Municipality on Major Administrative Decision-making Procedures were adopted at the 95^th Routine Meeting of the Municipal People’s Government on August 17, 2020, and are hereby promulgated. They shall be effective as of September 1, 2020.

Mayor: Gong Zheng

     August 24, 2020

 

Provisions of Shanghai Municipality on Major Administrative

Decision-making Procedures

(Promulgated by Decree No. 35 of Shanghai Municipal People's Government on

August 24, 2020）

 

Chapter I  General Provisions

 

Article 1 (Purpose and Basis）

With a view to standardizing major administrative decision-making procedures, ensuring scientific, democratic and legal decision-making, improving its quality and efficiency, defining decision-making responsibilities, these Provisions are hereby formulated in accordance with the Interim Regulations on Major Administrative Decision-making Procedures and relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Scope of Application）

These provisions shall apply to the municipal and district people's governments’ (hereinafter referred to as decision-making organs)procedures for making and adjusting major administrative decisions.

The procedures for making and adjusting major administrative decisions by the departments of municipal and district people's governments, town/township people's governments and sub-district offices shall be implemented with reference to these Provisions.

Article 3 (Leadership of the Party）

When making major administrative decisions, we must uphold and strengthen the Party's overall leadership, fully implement the Party's lines, principles, policies, decisions and arrangements, give full play to the Party's core leadership, and ensure that Party leadership is carried out throughout the whole process of major administrative decisions.

Article 4 (Departmental Duties）

The General Office of the Municipal People's Government shall be responsible for organizing implementation of the major administrative decision-making procedural system of this Municipality, coordinating, promoting and guiding the major administrative decision-making work of this Municipality.　　

The general office of district people's government shall be responsible for organizing implementation of the major administrative decision-making procedural system of the district, coordinating and promoting the work of major administrative decision-making in the district.

The departments of development and reform, finance, planning and resources, and judicial administration shall, in accordance with their respective functions and duties, cooperate in making major administrative decisions.

Article 5 (Scope of Decision-making Matters）

The major administrative decision-making matters referred to in these Provisions (hereinafter referred to as decision-making matters) include：

1.important planning and plans for economic and social development,etc.；

2.major public policies and measures related to public services, market supervision, social management, urban management, environmental protection, etc.；

3.major public policies and measures for development, utilization and protection of important natural and cultural resources；

4.major public construction projects implemented in the corresponding administrative areas; and

5.other major matters that have significant impact on economic and social development or involve major public interests or vital interests of the public.

Where laws or administrative rules otherwise provide for the decision-making procedures for matters specified in the preceding paragraph, the provisions thereof shall prevail. These Provisions shall not apply to macro-control decisions such as fiscal policies, government legislative decisions and decisions on emergency response.

Article 6 (Catalogue of Decision-making Matters）

The decision-making organ shall, in accordance with the scope of decision-making matters specified in Article 5 of these Provisions and in combination with its responsibility and authority, and local conditions, determine the catalogue of decision-making matters and submit it to the Party Committee at the corresponding level for approval before it is promulgated to the public.

The decision-making organ may, in the light of the actual situation, adjust or add new decision-making items to the list. The General Office of the Municipal People's Government shall separately formulate specific measures for the administration of the catalogue of decision-making matters.

Article 7 (Basic Principles）

Making major administrative decisions shall follow the scientific, democratic and law-based decision-making principles and protect the citizens, legal persons and other organizations in their rights to know, to participate, to express and to supervise in accordance with the law.　　

Article 8 (Supervisory Mechanism）

Major administrative decisions shall be subject to the supervision of the People's Congress at the corresponding level, its Standing Committee, the administrative organ at a higher level and the auditing organ according to law.

The scope of major matters that fall within the scope of discussion and decision of the People's Congress and its Standing Committee at the corresponding level in accordance with laws and rules or decision-making matters that should be reported to the Standing Committee of the People's Congress at the corresponding level prior to promulgation shall be handled in accordance with the relevant provisions.

Article 9 (Assessment and Supervision）

Major administrative decision-making should be taken as an important part of the assessment and evaluation of decision-making organs and their leading personnel, and brought into the evaluation index system for the legal construction and the scope of supervision for the construction of a law-based government.

 

Chapter II  Formation of the Draft Decision

 

Article 10 (Decision Initiation)

For the items in the catalogue of decision-making, the decision-making organ shall initiate the decision-making procedure at due time.

Where the relevant party requests or suggests the addition of new decision-making items, the relevant unit shall, after conducting research and argumentation in accordance with the following provisions, report to the decision-making organ to decide whether to start the decision-making procedure:

1.Where a proposal is made by the people's government at a higher level or made by the leading personnel of the policy-making organ, the general office (division) of the policy-making organ shall submit it to the relevant unit for study and argumentation;

2.Where a proposal is made by a department of the policy-making organ or by the people's government at the next lower level, the unit making the proposal shall study and make argumentation of the proposal in accordance with the relevant provisions;　　

3.Where a deputy to a People's Congress or a member of the CPPCC makes a proposal through a suggestion or motion, the undertaking unit shall study and make argumentation of the proposal; and

4.Where a citizen, a legal person or any other organization makes a written proposal, the unit receiving the proposal or the unit involved in the proposal shall study and make argumentation of the proposal.

Article 11 (Decision - Making Undertaking Unit)

Where the decision-making organ initiates the procedure, it shall specify the undertaking unit (hereinafter referred to as the decision - making undertaking unit) and the time limit for handling the decision. If two or more units are required to undertake the proposal, the leading decision - making undertaking unit shall be clearly defined.

The decision - making undertaking unit is responsible for formulation of the draft decision and implementation of the relevant decision - making procedures and other specific work.

Article 12 (Draft Decision Scheming)

The decision - making undertaking unit shall, in accordance with the following requirements, draw up a draft decision:

1.carry out extensive and in-depth investigations and studies, acquire relevant information comprehensively and accurately, and conduct full consultation and coordination;

2.comprehensively sort out the laws, rules and regulations and policies related to decision-making matters, so as to make the draft decisions legal, compliant and coherent with the relevant policies; and  

3.analyze and forecast the human and financial input, resource consumption, environmental impact and other costs involved in the decision – making matters as well as the economic, social and environmental benefits as required.

The decision - making undertaking unit may, as required, propose two or more plans for the decision - making matter, analyze the advantages and disadvantages of each plan and put forward tendentious opinions.

Article 13 (Consultation and Coordination)

When drawing up the draft decision, the decision - making undertaking unit shall fully consult with the units involved in the decision - making matters and reach a consensus; if no consensus can be reached, the matter shall be promptly reported to the decision-making organ for a coordinated settlement, and the main issues of the dispute, the different opinions and their reasons and basis shall be explained.

Article 14 (General Requirements for Public Participation)

The decision - making undertaking unit shall fully listen to the opinions in a way that facilitates public participation, except for decision-making matters that should not be disclosed in accordance with the law.

Opinions may be solicited, depending on the nature, complexity, scope of influence, social concern and other factors of the decision matters, through symposiums, hearings, site visits, written form, public solicitation, questionnaire, public opinion polls and other methods.

Article 15 (Soliciting Public Opinions)

Where matters of decision-making are required to solicit opinions from the public, the decision-making undertaking unit shall, through the government website, the new media of government affairs and the press, radio, television and other ways that are easy for public knowledge, publicize the decision draft and its description, put forward opinions and time limit in a clear way, and make explanations on the issues of general concern or of professional, technical nature to the public through the media interviews, expert interpretation methods.

The period for soliciting public opinions shall generally be no less than 30 days; if the time limit has to be shortened due to emergency or other reasons, an explanation shall be given at the time of public opinion solicitation.

Article 16 (Circumstances of Convening a Hearing)

A hearing may be held to take opinions under any of the following circumstances:

1.The decisions directly involve the vital interests of citizens, legal persons or other organizations, or there exist major differences;

2.The draft decision has aroused wide public concern; and

3.Other circumstances under which a hearing is deemed necessary by the decision - making undertaking unit.

Where laws, rules and regulations provide otherwise for the holding of a hearing, such provisions shall prevail.

Article 17 (Procedural Requirements of the Hearing)

The decision - making undertaking unit or other unit organizing the hearing (hereinafter referred to as the organizational unit of the hearing) shall, 30 days in advance, issue a notice of the hearing, publish the draft decision and its explanations, and specify the time and place. If it is necessary to select the participants in the hearing, the method for selection shall be published at the same time.

The hearing participants shall be selected in a fair and open manner and all parties concerned shall be ensured to be present. The organizing unit of a hearing shall, 7 days in advance, publish the list of the hearing participants to the public and serve the hearing materials to the participants.

A hearing shall be held in public according to law, and the organizational unit shall prepare a report on the basis of the hearing.

Article 18 (Public Opinion Survey)

For decisions concerning people's livelihood, such as culture and education, medical and health care, social security, resource development, environmental protection and public utilities, the decision - making undertaking unit may entrust a professional survey institution to conduct a public opinion poll so as to understand the social recognition and acceptance of the draft decision.

The respondents of public opinion poll should be pertinent and representative.

Article 19 (Specific Opinion Soliciting)

Where the decision - making matters involve the interests of a specific group, the decision - making undertaking unit shall conduct communication and consultation with the relevant people's organizations, industry associations and other social institutions, and representatives of the masses, and fully listen to their opinions and suggestions.

The decision - making undertaking unit may, in light of the content and actual needs of the decision - making matters, listen to the opinions and suggestions of deputies to the People's Congresses, members of CPPCC committees and relevant grass-roots organizations.

Article 20 (General Requirements for Expert Argumentation)

For the relatively strong professional and technical decision matters, the decision - making undertaking unit shall organize experts and professional institutions to make argumentation of the necessity, feasibility and scientificity.

The selection of experts and professional institutions for participation in the argumentation shall adhere to the principle of professionalism, representativeness and neutrality, and emphasis shall be placed on the selection of experts and professional institutions with different opinions, and no experts or professional institutions that have a direct interest in the decision matters shall be selected.

Article 21 (Requirements for Independence of Experts and Professional Institutions)

Experts and professional institutions shall independently carry out argumentation work, fulfill the obligation of confidentiality according to law, and be responsible for the presented argumentation opinions. The decision - making undertaking unit shall provide necessary assurance for the argumentation of experts and professional institutions, support them to carry out their work independently, and shall not put forward tendentious opinions or hints.

This Municipality gradually promotes the openness of the argumentation opinions of experts and professional organizations.

Article 22 (Expert Database of Decision-making Consultation and Argumentation)

The Municipal People's Government shall establish a database of experts for decision-making consultation and argumentation, standardize the operation and management system of the database, and improve the expert integrity assessment and withdrawal mechanism.

The district people's government may, as required, establish an expert database for decision-making consultation and argumentation or use the expert database of the Municipal People's Government.

Article 23 (General Requirements for Risk Assessment)

Where the implementation of a major administrative decision may adversely affect social stability or public security, the decision - making undertaking unit or other units in charge of risk assessment (hereinafter referred to as risk assessment units) shall organize and carry out risk assessment.

Where laws, rules and regulations have special provisions on carrying out special risk assessment, such provisions shall prevail; if the relevant risk has been assessed or evaluated in accordance with the relevant provisions, no repeated evaluation shall be made.

Article 24 (Risk Assessment Implementation)

Risk assessment units can carry out risk assessment themselves or entrust specialized institutions, social organizations to do it. They shall screen and sort out the main risk sources, risk points of the decision-making matters, make prediction in a scientific way and comprehensively study and judge the risk of decision - making, form the risk assessment, clarify risk level, and put forward the concrete measures of risk prevention, control and response plans.

Article 25 (Risk Assessment Results)

The risk assessment results should serve as an important basis for major administrative decisions. If the decision-making organ considers that the risk is controllable, it may make a decision; if a risk is considered uncontrollable, a decision may be made after taking measures such as adjusting the draft decision to ensure the controllability of the risk.

Article 26 (Improvement and Submission of Draft Decision)

For decision-making matters that have gone through public participation, expert argumentation, and risk assessment procedures, the decision-making undertaking unit shall carefully study the public opinions, expert argumentation, risk assessment results, fully adopt reasonable opinion, improve the draft decisions, and shall, after preliminary examination of its legality and approval through collective discussion, formulate the official draft decision and submit it to the decision-making organ.

Article 27 (Termination under Specific Circumstances)

The decision - making undertaking unit may request the executive head of the decision-making organ to directly terminate the decision - making procedure under any of the following circumstances:

1.The Investigation shows that the public acceptance of the draft decision is low, which may seriously affect the effective implementation of the decision;

2.The decision is considered by experts to be professionally or technically infeasible through argumentation; and

3.There exist significant risks in the decision - making matters through risk assessment and there are no effective response measures.

 

Chapter III  Decision through Legitimate Review and Collective Discussion

 

Article 28 (General Requirements for Legitimate Review)

Before the draft decision is submitted to the decision-making organ for discussion, the department responsible for legitimate review of the decision-making organ shall carry out the legitimate examination, and such methods as soliciting opinions or countersigning shall not replace the legitimate review. The time of legitimate review is generally not less than 7 working days.

Where the Municipal People's Government is the decision-making organ, the General Office of Municipal People's Government shall be responsible for the legitimate review of the draft decision. Where the district people's government is the decision-making organ, the general office of the district people's government or the district judicial administration department shall be responsible for the legitimate review of the draft decision.

The draft decision that has not gone through the legitimate review or has been discovered illegal through review shall not be submitted to the decision-making organ for discussion. The decision matters of exploratory reform nature that have not been clearly prescribed by the State may be explicitly instructed with legal risk and be submitted to the policy-making organs for discussion.

Article 29 (Legitimate Reviewing Materials)

The decision - making undertaking unit shall provide draft decision and relevant materials when submitting them for legitimate review; if the submitted materials do not meet the requirements, the department in charge of legitimate review may return them or require supplementary materials.

Article 30 (Content of Legitimate Review)

The legitimate review shall include the following:

1.Whether the decision-making matters conform to the statutory limits of authority of the decision-making organ;

2.Whether the content of the decision conforms to relevant laws, rules, regulations and policies; and

3.Whether the formation process of the draft decision conforms to the requirements of legal procedures.

Article 31 (Participation in Legitimate Review)

The decision-making organ shall establish corresponding working mechanisms and give play to the role of legal advisers and public office lawyers in major administrative decisions. The department in charge of legitimate review shall organize legal advisers and public office lawyers to participate in the legitimate review, and ensure their independent legal opinions.

Article 32 (Opinions on Legitimate Review)

The department in charge of legitimate review shall promptly issue written opinions of legality, illegality, partial modification, supplementary implementation of the relevant procedures, and shall be responsible for the opinions on legitimate review.

The decision - making undertaking unit shall, in accordance with the opinions on the legitimate review, make necessary adjustments or supplements to the draft decision.

Article 33 (Examination and Verification by Relevant Departments)

Where the draft decision involves the arrangement of financial funds, adjustment of planning, land use and other important aspects, the decision-making organ may, in light of the actual needs, request the relevant departments of development and reform, finance, planning and resources at the same level to put forward examination and verification opinions.　　

Article 34 (Draft Decision Submitted for Discussion)

The draft decision submitted to the decision-making organ for discussion shall include the following materials:

1.Draft decisions and their drafting explanations. Where the draft decisions involve the economic activities of market entities, relevant information on the fair competition review shall be contained;

2.Materials related to the procedures of public participation, expert argumentation and risk assessment as required, or explanations on the failure to implement the relevant procedures;

3.Opinions on legitimate review; and

4.Relevant opinions collection and adoption and other materials that need to be submitted。 

Article 35 (Decision Made through Collective Discussion)

The draft decision shall be discussed at the executive or plenary meeting of the decision-making organ.

When discussing draft decisions, the participants of the meeting shall give their full opinion while the chief executive shall give his opinion in the end.Where the decision to be made by the chief executive does not conform to the majority opinion of the participants, the reasons shall be given at the meeting. The decision-making organ may, in light of the actual situation, invite representatives from the parties concerned with the decision to participate in the collective discussion and put forward their opinions and suggestions.

Decisions made through collective discussion shall be truthfully recorded, and different opinions shall be truthfully stated.The chief executive of the decision-making organ shall, on the basis of collective discussion, decide whether to adopt, revise and improve or reject the decision.

Article 36 (Ask for Instruction)

Major administrative decisions shall, as required by relevant provision, be submitted to the Party Committee at the same level for instructions before they are promulgated.

Article 37 (Announcement and Interpretation of Decisions)

The decision-making organ shall publish and interpret major administrative decisions in the following ways, except those that should not made public in accordance with the law:

1.promulgate major administrative decisions in a timely manner to the public through such channels as the gazette of the people's government at the corresponding level, government websites, new media of government affairs and newspapers distributed within their respective administrative areas; and

2.while publicizing and interpreting major administrative decisions that are of general concern or of professional and technical nature to the public, at the same time, publicize public opinions and the adopted expert opinions, and publicize and interpret them through press conferences and interviews with the media.

Article 38 (Archives Administration)

The decision-making organ shall establish a system of recording and archiving materials in the whole process of major administrative decision-making, and the relevant unit shall timely and completely archive the records and materials formed in the process of decision - making.

 

Chapter IV  Decision Implementation and Adjustment

 

Article 39 (Decision Implementation Units)

The decision-making organ shall define the unit responsible for the implementation of major administrative decisions (hereinafter referred to as the decision implementation unit) and supervise, urge and inspect the implementation of the decisions.

The decision implementation unit shall, in a comprehensive, timely and correct manner, carry out major administrative decisions according to law, and report the implementation to the organ that makes decisions.

Article 40 (Problem Report and Response)

If the decision implementation unit discovers that there are problems in a major administrative decision, major changes in objective conditions, or that force majeure occurs during the decision implementation, which seriously affects the realization of the decision - making objectives, it shall promptly report to the decision - making organ.

Where a citizen, legal person or any other organization considers that there are problems with a major administrative decision and its implementation, they may put forward comments and suggestions to the decision-making organ or the decision implementation unit.

The decision-making organ or the decision implementation unit shall conduct research in a timely manner and appropriately give a feedback.

Article 41 (Situation of Post-decision Evaluation)

The decision-making organ shall organize a post-decision evaluation and assign the unit that will undertake the specific work of evaluation under any of the following circumstances:

1.The laws, rules, regulations policies and other objective circumstances on which decision is based have undergone major changes;

2.The expected effect is obviously not achieved after the decision is implemented;

3.Citizens, legal persons or other organizations make more comments on the implementation of the decision; and

4.Other circumstances that the decision-making organ deems necessary.

Post-decision evaluation shall not be entrusted to the unit that undertakes the main argumentation and evaluation before the decision is made.

Article 42 (Methods and Effectiveness of Post-decision Evaluation)

In carrying out post-decision evaluation, we shall pay attention to listening to the opinions of the public, absorbing deputies of the People's Congress, members of the CPPCC, people's organizations, grass-roots organizations and social organizations to participate in the evaluation, and may, if necessary, solicit opinions from the public.

The results of post-decision evaluation shall serve as an important basis for the continuation, adjustment, suspension or termination of the major administrative decisions.

Article 43 (Decision-making Adjustment Mechanism)

Major administrative decisions made in accordance with the law shall not be arbitrarily changed or suspended without legal procedures.Where it is truly necessary to adjust, suspend or terminate the implementation, the decision shall be made through collective discussion at the executive meeting or plenary meeting of the decision-making organ; in case of emergency, the chief executive of the decision-making organ may decide to suspend implementation first, then submit the decision to a collective discussion;if major adjustments need to be made, relevant legal procedures shall be implemented in accordance with the law.

 

Chapter V  Legal Liability

 

Article 44 (Accountability and Handling)

Acts in violation of these Provisions shall be investigated for liability and be handled in accordance with the Interim Regulations on Major Administrative Decision-making Procedures and relevant laws and rules.

Article 45 (Reform and Innovation of Fault-tolerant Mechanism)

Where the decisions on exploratory reform matters made in accordance with these Provisions fail to achieve the expected goal, but the relevant units or individuals that make decisions and implement them in accordance with the prescribed procedures are diligent and responsible, without obtaining personal gains, they shall not be given negative comments, and relevant liabilities shall be mitigated or exempted according to law.

 

Chapter VI  Supplementary Provisions

 

Article 46 (Date of Implementation)

These Provisions shall be effective as of September 1, 2020. The Interim Provisions of Shanghai Municipality on Major Administrative Decision-making Procedures promulgated by Decree No. 47 of Shanghai Municipal People's Government on October 31, 2016 shall be repealed simultaneously.