Interim Measures of Shaanxi Province on the Administration of Planning

· Document Number：Decree No. 132 of the People’s Government of Shaanxi Province

· Area of Law： Construction Industry

· Level of Authority： Local Government Rules

· Date issued：01-30-2008

· Effective Date：03-01-2008

· Status： Effective

· Issuing Authority： Shaanxi Province

Decree of the People's Government of Shaanxi Province
(No. 132)
The Interim Measures of Shaanxi Province on the Administration of Planning has been adopted at the 2nd executive meeting of the Shaanxi Provincial Government in 2008, and now promulgated and shall take effect as of March 1st, 2008.
Governor of Shaanxi Province: Yuan Chun-qing
January 30th, 2008
The Interim Measures of Shaanxi Province on the Administration of Planning
Chapter I General Provisions
Article 1 These Measures are formulated for the purposes to boost the standardization and the institutionalization of the planning work, to improve the science of planning and to better exert the guidance function of the planning in the economic and social development in accordance with the relevant laws, rules and regulations and in combination with the actual conditions of Shaanxi Province.
Article 2 The term “Planning” as used in these Measures shall refer to the development programming in the economic and social fields formulated by the people's governments at or above county levels and their related departments.
Article 3 The people's governments at all levels and their related departments shall make the Planning for all great economic and social development proceedings so as to guide the work according to the Planning and to promote the sound and rapid development of the economy and the full advancement of the society.
Article 4 The people's governments at all levels and their related departments should formulate and implement their respective Planning according to these Measures.
Where there are other provisions of laws, rules and regulations on the formulation and the implementation of Planning, these provisions shall prevail.
Article 5 The Planning ratified according to law shall be an important basis for the people's governments at all levels to fulfill their responsibilities over the economic regulation, the market supervision, the social administration and the commonality services; any unit and individual shall not make the modification without going through the legal proceeding.
Article 6 The administrative superintending departments of the development and reform of the people's governments at or above county levels shall be responsible for the administrative work of the general planning and the regional planning within their respective administrative regions; other related administrative superintending departments shall be responsible for the administrative work of the special planning within their administrative regions according to their respective responsibilities.
Article 7 The people's governments at or above county levels should bring the fund and expense for the formulation and the administration of the Planning into their respective financial budget at the same level.
Chapter II System of Planning
Article 8 The Planning shall be divided into the general planning, the special planning and the regional planning.
Article 9 The general planning shall refer to the comprehensive programming formulated on the objects of national economy and social development, it shall be taken as the basis for the formulation of the special planning and the regional planning, as well as the making of the relevant policy and the annual planning.
The period of the general planning shall commonly be 5 years, but may be expected to 10 years or more than 10 years.
Article 10 The draft of the general planning shall be organized to formulate by the people's governments at or above county levels, be implemented after the deliberation and approval by the people's congress at the same level, and be submitted to the people's government at a higher level to put on records.
Article 11 The special planning shall refer to the programming formulated on the objects of some special fields for the national economy and the social development, shall be taken as the important basis for the guidance of the development in the same field, as well as the examination and approval and the ratification of the great project and the arrangement of government investment in the same field.
The period of the special planning shall commonly be kept in consistent with that of the general planning, but may also be fixed on according to the practical situation under some extreme conditions.
Article 12 Special planning may be made in the following fields:
(1) The field related to the national economy and the social development;
(2) The field concerning the important project(s) needs to be examined and approved or ratified by the people's governments at or above county levels as well as the field related to the investment financially arranged and with relatively large amount;
(3) The field involving important industrial overall arrangement or important resource development;
(4) The field involving the material interests of citizens; and
(5) The fields provided by laws, rules and regulations and the provisions of the State.
Article 13 The special planning shall be organized to make by the relevant departments of the people's governments at or above county levels. The special planning needs to be examined and approved by the people's governments at or above county levels should be submitted to the administrative superintending department of development and reform at the same level to put on records and then be submitted to the people's government at the same level for the approval.
Article 14 The term “regional planning” shall refer to the programming made on the object of the special economic region(s) crossing the administrative region, which shall be taken as the basis for making other various plannings.
The period of the regional planning shall commonly be 5 years or 10 years.
Article 15 The regional planning may be made in the following areas:
(1) The concentrated areas in the cities and towns with tight economic ties;
(2) The economic circles and economic belts relied on central cities; and
(3) The key developing districts or the protective areas decided in the general planning.
Article 16 The regional planning shall be implemented after having been approved by the collective people's government at the next higher level located in the place of that regional planning.
Chapter III Formulation of Planning
Article 17 The following principles shall be followed for the formulation of planning:
(1) Persisting in scientific development outlooks of people oriented, overall harmony and sustainability;
(2) Persisting in starting off from the practice and following the nature rules, the economic rules and the social development rules;
(3) Persisting in the scientization, democratization and legalization, hearing widely the opinions from the public and all walks of life;
(4) Persisting in the overall plans and all-round considerations, strengthening the linking up and harmonization among all levels and all types of planning; and
(5) Persisting in attaching importance to the macroscopic controlling and giving full play to the basic function of market's collocation of resource.
Article 18 The department for the formulation of planning shall organize the related department(s) to do earnestly well the prophase work for the formulation of planning. This prophase work shall commonly include such works as the basic investigation, information collection, task research, project argumentation and so on.
The important task research in the prophase work shall be undertaken by means of inviting public bidding and tendering for bidding or other competition modes to choose the unit to take the task.
Article 19 The draft of the general planning should be submitted to the administrative superintending department of reform and development at the next higher level by the administrative superintending department of reform and development at the same level to put on records prior to be sent to the people's government at the same level for the approval.
The draft of the general planning should be sent to the people's government at the same level of the adjacent region to carry on the linking up prior to be submitted to the people's government at the same level. If same opinions can not be reached regarding the issue(s) in the linking up of the Planning, the common people's government at the next higher level shall make the resolution.
Article 20 The department for the formulation of planning should send the draft of the special planning to the administrative superintending department of development and reform at the same level to carry out the linking up with the general planning, at the same time, should also submit to the relevant department of the people's government at the next higher level to carry out the linking up with the corresponding special planning at the next higher level.
If the special planning involves with other fields, the department for the formulation of planning should also solicit the opinion from the relevant departments at the same level. The relevant departments should send their feedback opinion(s) to the department for the formulation of planning within 30 days since the day the draft of planning has been received.
The Planning without undergone the aforesaid linking up shall not be reported and submitted for the examination and approval.
Article 21 The following principles should be kept to the linking up of planning:
(1) The special planning and the regional planning shall obey the general planning formulated by the governments at the same level and the next higher level;
(2) The Planning formulated by the government at the lower level shall obey the Planning at the higher level; and
(3) There shall be no contradiction among the special plannings.
Article 22 Regarding the special planning and the regional planning likely to have adverse environmental impact and to involve straightly with the environmental rights and interests of the public, the department for the formulation of planning shall organize to carry through the environmental impact appraisal during the Planning formulation process, and compile the relevant sections and Chapters or the explanation of the environmental impact involved in that planning.
Article 23 The department for the formulation of planning shall organize the relevant experts to carry out the argumentation on the draft of planning and submit the argumentation report. That argumentation report should be comprehensive, objective and fair.
Article 24 When formulating the Planning, democracy should be fully carried forward and opinions should be extensively heard from. The department for the formulation of planning should give publication to the draft of planning and solicit opinions from the public by taking evidence hearing meeting or other forms, unless otherwise provided by laws, rules and regulations as well as the State.
Article 25 When the department for the formulation of planning submits the draft of planning, it should submit the explanation for the formulation of planning and the argumentation report for the draft of planning along with the aforesaid draft of planning.
The explanation for the formulation of planning shall include the opinions solicited and the situation for the linking up with other relevant planning, regarding the important opinion(s) that has not been accepted, reason(s) for that non-acceptance should be explained.
Article 26 The approved planning shall be publicized to the society in time, unless otherwise provided by laws, rules and regulations as well as the State.
Chapter IV Implementation of Planning
Article 27 The people's governments at all levels and their related departments shall organize to implement the Planning with a plan and step by step according to the request of the Planning.
Article 28 The relevant departments of the people's governments at or above county levels should, after the approval of the Planning, disassemble the primary goal(s) and assignment(s) of the Planning, clarify the responsibility and ensure the implementation of the Planning.
Article 29 The people's governments at or above county levels and their related departments should carry out the project administration in accordance with the Planning. Where the projects have failed to be listed into the Planning, they shall generally not be examined and approved.
Article 30 The department for the formulation of planning should carry out the assessment on the implementation of the Planning in the metaphase period for the implementation of the Planning.
The assessment work shall be organized to be carried out by the department for the formulation of planning, and may also be entrusted to be carried out to a qualified intermediary organ from the society. The assessment report should be an important dependence for the revision of the Planning.
Article 31 Where it is needed to revise the Planning after the metaphase assessment or because of other reason(s), the department for the formulation of planning shall put forward the scheme for the revision of the Planning, and that scheme shall be reported for approval and be publicized according to legal proceedings after undergone the experts'argumentation and the public opinion solicitation.
Article 32 Where the general planning is to make such important adjustment as to the development orientation of a certain field or an area and so on, the formulation departments for the special planning and the regional planning should revise the corresponding planning according to the general planning, and report for the approval and the promulgation according to the legal proceedings.
Chapter V Supervision of Planning
Article 33 Where citizens, legal persons and other organizations consider that the special planning or the regional planning has contradiction with the general planning, or the Planning from the government at lower level has contradiction with the Planning from the government at higher level as well as the special plannings have contradictions among themselves, they may require the administrative superintending department of the Planning to examine and to handle by law and in accordance with the relevant procedures.
Article 34 Where the department for the formulation of the Planning has refused to accept the reasonable opinion(s) of the linking up put forward by the related department or has caused the conflict between the special planning and the general planning due to some other reason(s), the people's government at the same level may decide that planning to be invalid or invalid in part; where to cause the Planning from the government at lower level in conflict with the Planning from the government at higher level, the people's government at a higher level may decide that planning invalid or invalid in part.
Article 35 Where for those who have failed to make, to examine and approve, and to revise the Planning in accordance with the legal proceedings, the people's governments at the same level or at the higher level shall order to correct and circulate a criticism; if the situation is serious, the relevant responsible personnel and other directly responsible personnel shall be bestowed an administrative sanction according to law.
Article 36 Where the unit or individual for the argumentation and the assessment of the Planning has played empty and made falsity during that argumentation and that assessment of the Planning, the administrative superintending departments of development and reform of the people's governments at or above county levels shall order to correct; if the situation is serious, he or she shall not be entrusted by the department for the formulation of planning to engage in the work for the assessment and the argumentation of the Planning within 5 years.
Chapter VI Supplementary Provisions
Article 37 These Measures shall come into force as of March 1st, 2008.