Interim Provisions of Shanghai Municipality on the Procedures for Major Administrative Decision-Making

· Document Number：Order No. 47 of the Shanghai Municipal People's Government

· Area of Law： Government Affairs

· Level of Authority： Local Government Rules

· Date issued：10-31-2016

· Effective Date：01-01-2017

· Status： Effective

· Issuing Authority： People's Government of Shanghai Municipality

Order of the Shanghai Municipal People's Government
(No. 47)
The Interim Provisions of Shanghai Municipality on the Procedures for Major Administrative Decision-Making, as adopted at the 130th executive meeting of the Municipal People's Government on October 17, 2016, are hereby issued, and shall come into force on January 1, 2017.
Mayor: Yang Xiong
October 31, 2016
Interim Provisions of Shanghai Municipality on the Procedures for Major Administrative Decision-Making
Article 1 (Objectives and Bases)
In order to regulate major administrative decision-making, guarantee the scientific, democratic and legitimate decision-making, and improve the quality of administrative decision-making, these Provisions are developed in accordance with the relevant laws and regulations and in light of the actual circumstances of this Municipality.
Article 2 (Scope of Application to Subjects)
These Provisions shall apply to the major administrative decision-making of the municipal and district people's governments of this Municipality (hereinafter referred to as “policy-making organs”).
The major administrative decision-making of the departments of the municipal and district people's governments as well as the ?people's governments at the township level and sub-district offices shall be governed by reference to these Provisions.
Article 3 (Scope of Application to Matters)
The “major administrative decision-making” as mentioned in these Provisions shall include the following matters:
(1) Important planning and plans for economic and social development and other aspects.
(2) Major public policies and measures in terms of public services, market supervision, social management, and environmental protection, among others.
(3) Major public construction projects.
(4) Other matters as prescribed by laws, regulations and rules, or which decision-making organs consider should be included into the scope of major administrative decision-making matters.
Decision-making organs may, in accordance with the provisions of paragraph 1 of this Article and in light of the actual local circumstances, determine and issue to the public the catalogues of and specific standards for major administrative decision-making matters, and make dynamic adjustments thereto in light of the actual circumstances.
Article 4 (Basic Principles and Requirements)
Major administrative decision-making shall adhere to the principles of scientificity, democracy and legality.
Major administrative decision-making shall respect the objective laws, conduct survey in an in-depth manner, fully conduct study and demonstration, strengthen consultation and coordination, and guarantee citizens, legal persons or other organizations' right to know, right to participate, right to express and right to supervise in accordance with the law.
Major administrative decision-making shall strictly comply with the statutory powers, perform statutory procedures, and ensure that decision-making complies with laws, regulations and rules and the relevant provisions of the state.
Article 5 (Basic Rules applicable to the Procedures)
Where any decision-making matter involves the vital interests of a relatively large group, public participation shall be organized, except that the matter needs to be kept confidential or a decision needs to be made immediately for the purpose of guaranteeing national security, public security, and economic security or under emergency circumstances.
Where a judgment needs to made by relying on professionals or professional institutions because the decision-making matter involves any?highly professional or technical?issue, experts shall be organized to make demonstration, except that a decision needs to be made immediately under emergency circumstances.
Where any decision-making matter involves relatively large risks in social stability or any other aspect, risk assessment shall be organized, except that a decision needs to be made immediately under emergency circumstances. Where the implementation of special risk assessment is otherwise specifically provided for by any law, regulation or rule, such provisions shall apply.
Major administrative decision-making shall be subject to?legality examination, and decided through collective discussions by decision-making organs.
Article 6 (Decision-Making Startup)
Where decision-making organs decide to start the decision-making procedures, they shall specify the decision-making undertakers which shall take charge of the drafting of decision-making drafts, the organization and implementation of public participation expert demonstration and risk assessment and other specific work.
Article 7 (Public Participation)
Undertakers shall, according to the specific circumstances of decision-making matters, listen to public opinions through seminars, hearings, questionnaires or field visits or by other means. Decision-making drafts may be issued to the public for soliciting public opinions after they are formed, and the major concerns of the general public may be explained through media interviews, expert interpretation or other means.
Where hearings shall be held?according to the opinions of laws, regulations or rules, or there are significantly different opinions on the relevant issues in the decision-making drafts, hearings shall be held.
For major decision-making on people's livelihood such as education, medical care, social security, environmental protection and public utilities, among others, professional investigation institutions may be authorized to conduct public opinion surveys, so as to understand the degree of social recognition and acceptance of decision-making drafts.
Undertakers shall give public feedback to the major opinions put forward by the general public and the research and handling thereof by means?facilitating public access.
Article 8 (Listening to Opinions of Special Parties)
Undertakers shall, according to the contents and needs of decision-making matters, listen to the opinions and suggestions of deputies to the people's congresses, members of the Chinese People's Political Consultative Conference,?people's groups, grass-roots organizations and social organizations.
Article 9 (Expert Demonstration)
Undertakers shall organize experts to make demonstration, and conduct professional and technical demonstration of decision-making drafts by?convening expert demonstration meetings, consulting experts' opinions in writing or entrusting professional bodies or other means.
The selection of experts and professional organizations shall lay emphasis on professionalism, representativeness, balance and credibility; experts and professional organizations shall be supported in conducting the work independently; and the information on and demonstration opinions of experts and professional organizations shall be opened gradually.
Article 10 (Risk Assessment)
When organizing risk assessment, undertakers shall conduct inspection on the main risk sources and risk points of the decision-making matters, judge the maturity degree and overall risks of decision-making conditions, and put forward the specific measures for preventing, controlling and responding to risks.
Article 11 (Improvement of Decision-Making Drafts)
Where public participation, expert demonstration or risk assessment is organized, undertakers shall fully study public opinions, expert demonstration opinions, and the results of risk assessment, and modify and improve the decision-making drafts.
Article 12 (Submission of Decision-Making Drafts)
Decision-making drafts shall be submitted to the decision-making organs after being subject to the?legality examination and collective discussions by undertakers.
Materials to be submitted shall include: decision-making drafts and drafting explanations thereof, opinions on the preliminary examination of legality and other materials as required by the decision-making organs. The decision-making drafts that have undergone the public participation, expert demonstration or risk assessment procedures shall also include the explanations on public participation, expert demonstration or risk assessment.
The explanations on the drafting of decision-making drafts shall include the legal basis and policy basis for decision-making, main contents of decision-making, and main different opinions on drafts in all aspects, among others.
Article 13 (Termination of Decision-Making Procedures under Specific Circumstances)
Under any of the following circumstances, the primary persons in charge of decision-making organs may directly terminate the decision-making procedures:
(1) It is shown through investigation that the degree of acceptance of the decision-making drafts is relatively low, which may severely affect the effective implementation of the decision-making.
(2) It is considered through expert demonstration that the decision-making is technically and technically infeasible.
(3) It is considered through risk assessment that the decision-making has any major risk and there is no effective countermeasure thereto.
Article 14 (Legality Examination)
Decision-making organs shall submit decision-making drafts and relevant materials to the legal bodies of such organs for legality examination.
The legality examination by legal bodies shall include the following contents:
(1) Whether the decision-making matters comply with the statutory powers of decision-making organs.
(2) Whether the contents of decision-making conform to the relevant laws, regulations and rules.
(3) Whether the process of making decision-making plans complies with the statutory procedures.
(4) Other contents that need to be examined.
No decision through collective discussion may be submitted when it fails to be subject to legality examination or to pass the examination.
Article 15 (Government Legal Counsels)
Decision-making organs shall establish the corresponding working mechanisms to maximize the role of government legal counsels in major administrative decision-making, and guarantee that government legal counsels give legal advices independently.
Article 16 (Review by Relevant Departments)
Where decision-making drafts involve system reform, preparation guarantee, financial fund arrangements, land utilization, planning and adjustments or any other important contents, decision-making organs may, in light of the actual needs, require the development and reform, preparation, public finance, land planning and other relevant departments at the same levels to put forward the review opinions.
Article 17 (Decision through Collective Discussion)
Major administrative decisions shall be made through discussions at the?executive meetings or the plenary meetings?of decision-making organs in accordance with the?working rules of the government.
Article 18 (Decision-Making Issuance and Interpretation)
After a decision is made, the decision-making organ shall, in accordance with the relevant provisions on making government affairs open, issue to the public the relevant documents, decisions or orders, among others, specifying major administrative decision-making results.
Where any major decision-making draws great social attention, the contents of decision-making shall also be interpreted through government websites, press conferences, newspapers, radio, television or other means facilitating public access.
Article 19 (Evaluation after Decision-Making)
Where the laws, regulations, rules or policies based on which a decision is made or any other objective circumstance changes significantly, or citizens, legal persons or other organizations put forward lots of opinions on the implementation of the decision-making, the decision-making organ shall designate or authorize the relevant entity to conduct evaluation after decision-making, and take the results of the evaluation after decision-making as an important basis for the continued implementation, adjustment, suspension or termination of the decision-making.
Article 20 (Adjustment, Suspension and Termination of Decision-Making)
Where a major administrative decision made in accordance with the law is adjusted, suspended or terminated, it shall be decided through collective discussions at the executive or plenary meeting of the decision-making organ.
Where there is any major adjustment to any decision-making which involves the vital interests of a relatively large group, the relevant procedures shall be performed anew in accordance with these Provisions.
Article 21 (Legal Liability)
Major administrative decision-making shall be subject to the lifelong accountability system and?retroactive accountability mechanisms.
Where any undertaker or decision-making organ fails to perform the prescribed procedures in violation of these Provisions, it shall be ordered to take corrective action. Where any major loss or bad impact is caused, the main persons in charge, other responsible leaders, and relevant responsible persons shall be given administrative sanctions in accordance with the law. Where a violation is criminally punishable, the offender shall be held criminally liable in accordance with the law.
Article 22 (Date of Implementation)
These Provisions shall come into force on January 1, 2017.