Provisions of Shanghai Municipal People's Congress on Deputies' Written Observations

· Document Number：Announcement No. 51 of the Standing Committee of Shanghai Municipal People’s Congress

· Area of Law： Government Affairs

· Level of Authority： Provincial Local Regulations

· Date issued：07-27-2012

· Status： Effective

· Issuing Authority： Shanghai Municipality

Announcement of the Standing Committee of Shanghai Municipal People's Congress
(No. 51)
The Provisions of Shanghai Municipal People's Congress on Deputies' Written Observations are adopted on July 27, 2012 at the 35th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress, are hereby promulgated and shall come into effect as of September 1, 2012.
The Standing Committee of Shanghai Municipal People's Congress
July 27, 2012
Provisions of Shanghai Municipal People's Congress on Deputies' Written Observations
(Adopted at the 35th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on July 27, 2012)
Article 1 With a view to doing a good job of the relevant work on handling the suggestions, criticisms and opinions (hereinafter jointly referred to as the written observations) raised by the deputies to Shanghai Municipal People's Congress (hereinafter referred to as the deputy), these Provisions are formulated in accordance with the Organic Law of Local People's Congresses and Local People's Governments of the People's Republic of China, and the Law of the People's Republic of China on Deputies to the National People's Congress and the Local People's Congresses, and in the light of the actual circumstances of this Municipality.
Article 2 A deputy has the right to put forward his/her written observation on the work of this Municipality in every respect to the Municipal People's Congress and its Standing Committee according to law. All organs and organizations of this Municipality shall respect the right of the deputies, attach importance to the written observations submitted by the deputies, and study and handle them conscientiously in accordance with the Constitution, laws, rules and relevant provisions.
Article 3 The deputy's written observation may be put forward by one person, or jointly signed; may be put forward either during the period of the sessions of the Municipal People's Congress or during the period of adjournment.
Article 4 The deputy shall put forward his/her written observation on the basis of communicating with the general public and carrying out fact-finding investigations and studies.
The written observation submitted by the deputies shall be deliberated by the mode of one matter at a time, and place stress on the reflection of the actual circumstances and problems with specific opinions and suggestions.
The working offices and agencies of the municipal or district/county people's congress shall render services and guarantee for the written observations submitted by the deputies.
Article 5 The written observations submitted by the deputies shall be accepted and handled by the secretarial department of the people's congress during the session period of the Municipal People's Congress; and be accepted and handled by the deputies' agency of the Standing Committee of the Municipal People's Congress during the adjournment period of the Municipal People's Congress.
The written observations submitted by the deputies shall be handled via the Internet system for handling the written observation of the deputies of this Municipality by the secretarial department of the Municipal People's Congress or the deputies' agency of the Standing Committee of the Municipal People's Congress.
The written observations submitted by the deputies regarding the work of the administrative organs, judicial apparatuses and procuratorial organs shall be transferred to the proper responsible authorities including the General Office of the Municipal People's Government, the Municipal Higher People's Court, and the Municipal People's Procuratorate for handling.
The written observations submitted by the deputies regarding the work of the Municipal People's Congress and its Standing Committee shall be transferred to the special committees of the Municipal People's Congress or to the responsible working offices or agencies of the Standing Committee of the Municipal People's Congress for handling.
The written observations submitted by the deputies regarding the work of other organs and organizations of this Municipality shall be transferred to relevant responsible organs and organizations for handling.
Article 6 Where the written observations submitted by the deputies and the handling status involving the national secrets, the appropriate organs, organizations and deputies shall do a good job of keeping confidential according to law.
Article 7 Where there occurs one of the following circumstances, the handling of the written observations submitted by the deputies shall be terminated:
1. A deputy puts forward a written observation and afterwards he/she requests to withdraw; or
2. Several deputies put forward a written observation jointly signed, and afterwards request to withdraw with one accord.
Any deputy requests to withdraw the written observation submitted during the period of the session of the Municipal People's Congress may apply to the secretarial department of the people's congress in writing; Any deputy requests to withdraw the written observation submitted during the period of adjournment of the Municipal People's Congress may apply to the deputies' agency of the Standing Committee of the Municipal People's Congress in writing.
Article 8 Relevant organs and organizations shall establish and perfect the working system for handling the written observations, and practice a graded accountability system. The written observation of wide coverage and of high difficulty shall be handled by the main responsible person in charge of the undertaking unit.
In the process of studying and handling the written observations, relevant organs and organizations shall strengthen contacts and communications with the deputies, and fully listen to the opinions and suggestions of the deputies through or by visits, discussions, telephone and email.
Article 9 Relevant organs and organizations shall reply to the deputies the handling result of the written observation within three months from the date of being transferred for handling. In case that a written observation of wide coverage and of high difficulty for handling can really not be settled within the prescribed time limit, it shall be reported to the deputies' agency of the Standing Committee of the Municipal People's Congress and proper responsible authorities. Upon approval, it may be duly delayed; however, the delay shall be informed to the deputy in time and cannot be over three months.
Article 10 The written reply of relevant organs and organizations to the deputies shall be signed and issued by the chief of the undertaking unit, with the unit's official seal.
Relevant organs and organizations shall, at the time of reply to the deputy, send a copy to the deputies' agency of the Standing Committee of the Municipal People's Congress and the relevant proper responsible authorities.
After the reply of the handling result to the deputy, the relevant organs and organizations shall trace and handle the written observation of the deputy and put into effect the handling result. Where, in the reply, commitment has been made to the deputy that the problem shall be settled in prescribed time limit, the deputy shall be informed after the problem is settled; relevant status of the case shall be reported in writing to the deputy in time, in case the commitment in the reply fail to be put into effect owing to the variation of objective reasons and a copy shall be sent to the deputies' agency of the Standing Committee of the Municipal People's Congress and relevant proper responsible authorities at the same time.
Article 11 The deputy may fill in the Feed-back Sheet on the Handling of Deputies' Written Observation upon the receipt of the reply to the written observation by relevant organs and organizations, and put forward his/her suggestions on the attitude and result of the handling.
The deputies may make an inspection on the implementation situation of the handling status and the result of the written observation upon the contact and arrangement of the Standing Committee of the Municipal People's Congress. Relevant organs and organizations shall conscientiously receive the deputies, introduce the status of the case according to the facts, and listen to the deputies' opinions.
Any deputy who is dissatisfactory with the reply may notify his/her specific opinions to the deputies' agency of the Standing Committee of the Municipal People's Congress. The deputies' agency of the Standing Committee of the Municipal People's Congress shall transfer the opinions to the proper responsible authorities or the undertaking units to study and handle again, and reply to the deputy once again within one month. The deputies' agency of the Standing Committee of the Municipal People's Congress and the relevant proper responsible authorities shall supervise and urge the undertaking units to do a good job of the handling and reply the work once again.
Article 12 The Standing Committee of the Municipal People's Congress shall organize the deputies who put forward the written observations, and adopt multi-forms to supervise and inspect the implementation situations of the relevant organs and organizations responsible for the handling of the written observations
All special committees of the Municipal People's Congress shall organize the deputies who put forward the written observations to supervise and inspect the relevant organs and organizations on the implementation situations of the handling result of the related written observations.
The proper responsible authorities shall supervise and inspect the status of the relevant units regarding the handling and tracing of the conducting of the deputies' written observations.
Article 13 The handling status of the deputies' written observations shall be reported to the Standing Committee of the Municipal People's Congress separately by the Municipal People's Government, the Municipal Higher People's Court, the Municipal People's Procuratorate, and the deputies' agency of the Standing Committee of the Municipal People's Congress in the mid of every year and before the convening of the next session of the Municipal People's Congress, and shall be printed and distributed at the next session of the Municipal People's Congress.
The reports on the handling status of the deputies' written observations shall be made known to the public in the form of the Bulletin of the Standing Committee of the Municipal People's Congress.
Article 14 The written observations submitted by the deputies that do not fall into the scope of the authority of the relevant organs and organizations of this Municipality shall not be disposed as a written observation, and the deputies shall be notified in time.
Article 15 These Provisions shall be effective as of September 1, 2012.