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rules of guangzhou municipality on major administrative decision-making procedures
(issued on august 26, 2022 in accordance with decree no. 192 of the people’s government of guangzhou municipality and to be brought into force on october 1, 2022)
chapter i general provisions
article 1 these rules are formulated in accordance with and other relevant laws and regulations, based on the actual conditions of this municipality and with a view to upholding and strengthening the ccp’s overall leadership over major administrative decisions, improving the scientific, democratic and legal decision-making mechanisms, standardizing major administrative decision-making procedures, enhancing decision-making quality and efficiency, and specifying decision-making responsibilities, and safeguarding the legal rights and interests of citizens, legal persons and unincorporated organizations.
article 2 these rules shall apply to the procedures concerning making and adjusting major administrative decisions of the municipal and district people’s governments (hereinafter referred to as “decision-making organs”).
article 3 major administrative decision-making shall fully implement the ccp’s strategy, guidelines, policies, and decision-making arrangements, give full play to the ccp’s role as the core of leadership, and ensure the ccp’s authority throughout the entire process of major administrative decision-making.
prior to the release of major administrative decisions, the leading party group of the people’s government shall request the instructions of and report to the party committee at the corresponding level in accordance with the provisions of the regulations of the communist party of china on requesting for instructions and reporting on major issues.
article 4 the scope of major administrative decision-making matters shall be subject to relevant laws, regulations and rules.
the decision-making organ may, based on its functions and powers and the local conditions, formulate standards for major administrative decision-making matters at the corresponding level based on the specific standards for major administrative decision-making matters formulated by its subordinate authorities, and announce them to the public with the consent of the party committee at the same level.
the decision-making organ shall compile the annual catalogue of major administrative decision-making matters, submit it in the first quarter of each year to the standing committee of the people’s congress at the corresponding level for the record and announce it to the public with the consent of the party committee at the same level. the annual catalogue of major administrative decision-making matters shall clearly specify the name of the decision-making matter, the entity undertaking the decision-making matter, the planned completion time, etc. the catalogue of major administrative decision-making matters shall be subject to dynamic management and timely adjustment according to the actual situation.
for any matter not listed in the catalogue of major administrative decision-making matters but is deemed to be a major administrative decision-making matter, suggestions shall be presented as required, and the decision-making procedures shall be initiated with the consent of the decision-making organ. for any matter not listed in the catalogue of major administrative decision-making matters, but considered by the standing committee of the municipal or district people’s congress to be a major administrative decision-making matter, the decision-making organ shall timely list it in the catalogue and submit it for the record.
article 5 the office of the decision-making organ shall be responsible for the overall planning and coordination of the major administrative decision-making work in its administrative area. the office of the municipal people’s government shall be responsible for organizing the implementation of these rules.
the municipal judicial authority shall be responsible for the legality review of major administrative decisions made by the people’s government at the corresponding level, and the guidance on and supervision of major administrative decision-making work in its respective administrative region.
other relevant authorities shall be responsible for putting forward suggestions on major administrative decision-making matters and drafting, demonstrating, evaluating and implementing the draft decisions ex officio.
chapter ii formation of draft decision
section 1 initiation of decision-making
article 6 where an authority subordinate to the decision-making organ or the people's government at the next lower level shall, according to the division of responsibilities and the assignment of key work, give opinions on whether the decision-making matter can be deemed as a major administrative decision; if deemed as a major administrative decision, it shall offer suggestions on the decision-making matter and submit written proposals as required.
if a citizen, legal person or unincorporated organization offers suggestions on a major administrative decision-making matter to the decision-making organ, the decision-making related government sector or other relevant authorities, only the name of the decision-making matter, the legal basis and the main reasons are required.
article 7 after suggestions on decision-making matters offered by all parties are subject to research and demonstration in accordance with the interim regulation on major administrative decision-making procedures and the rules of guangdong province on major administrative decision-making procedures, a report shall be made to the decision-making organ to decide whether to initiate the decision-making procedures.
where the decision-making organ decides to initiate decision-making procedures, it shall specify the entity undertaking the decision-making matters (hereinafter referred to as the “decision-making undertaking authority”), and the decision-making undertaking authority shall be responsible for drafting major administrative decisions and other work. if decision-making matters need to be undertaken by two or more entities, the leading decision-making undertaking authority shall be specified.
article 8 the decision-making undertaking authority shall prepare draft decisions on the basis of extensive and in-depth investigation and research, obtainment of relevant information in a comprehensive and accurate manner, and full consultation and coordination. when drafting a major administrative decision-making that is highly professional and technical, experts in relevant fields may be invited to participate in the drafting, or the drafting may be entrusted to relevant experts, teaching and research institutions, social organizations and other third-party institutions.
the decision-making undertaking authority shall comprehensively review the laws, regulations, rules and policies relating to the decision-making matters, so as to ensure that the draft decision complies with laws and regulations, and is consistent with relevant policies. the decision-making undertaking authority shall analyze and predict cost, economic and social and environmental benefits such as the input of human, property and material resources, resource consumption, and environmental impact involved in decision-making matters as required.
where there are major differences between the relevant parties on a decision-making matter, the decision-making undertaking authority may offer two or more alternative plans and explain the advantages and disadvantages of different plans.
article 9 where a major administrative decision-making matter involves or is closely related to the duties of an authority subordinate to the decision-making organ or the people’s government at the next lower level or any other authority, the decision-making undertaking authority shall seek the opinions of the relevant units and reach a consensus through full consultation with relevant entities; in the case of failure to reach a consensus, it shall explain the main issues in dispute to the decision-making organ, the opinions of the relevant entities, and the opinions of the decision-making undertaking authority and relevant reasons and grounds.
article 10 where a major administrative decision involves the economic activities of market entities, the decision-making undertaking authority shall conduct a fair competition review in accordance with relevant provisions, and submit it to the market regulation authority at the same level for reexamination on the fair competition review before submitting it to the decision-making organ for group discussion.
where the decision-making undertaking authority considers that the draft of a major administrative decision does not involve the economic activities of market entities, it shall attach relevant explanations to the draft before submitted to the decision-making organ for group discussion.
section 2 public participation
article 11 the decision-making undertaking authority shall seek opinions in the form widely available for public participation, except decision-making matters that shall not be disclosed in accordance with the law.
the decision-making undertaking authority may at the same time, according to the nature, category, complexity, sphere of influence, social concern, implementation conditions and other factors of the major administrative decision-making matter, facilitate public participation by adopting such methods as symposiums, hearings, field visits, written solicitation of opinions from the public, questionnaires, opinion polls, network platform interaction, and communication and consultation with specific groups.
where there are provisions otherwise provided by laws, regulations or rules on seeking opinions on major administrative decision-making matters, such provisions shall prevail.
article 12 when publicly seeking opinions on decision-making matters, the decision undertaking authority shall publish decision-making drafts, explanations, main issues involved and other documents through government websites, new government media, newspapers, radio, television and other means that are easy for public access, and shall clarify the ways, channels and time limit for public feedback. generally, the time limit for public consultation shall not be less than 30 days. if the time limit needs to be shortened due to emergency or other reasons, it shall obtain the consent of the head of the decision-making undertaking authority, with the reasons explained when seeking public opinions.
the decision-making undertaking authority may explain issues that are of general concern to the public or that are highly professional and technical through expert interviews and press conferences.
article 13 where the decision-making matter directly involves the vital interests of citizens, legal persons, and unincorporated organizations, or if there is large disagreement, a hearing may be organized. if there are provisions otherwise provided by laws, regulations or rules on holding a hearing, such provisions shall prevail.
the major administrative decision-making matters that require a hearing shall be included in the catalogue of hearing matters and announced to the public. the hearing procedures shall be implemented in accordance with the relevant national, provincial or municipal policies.
article 14 the decision-making undertaking authority shall summarize, sort out, study and demonstrate the opinions and suggestions presented by all sectors of society, fully adopt reasonable opinions, and perfect the draft of major administrative decisions. for the opinions and suggestions that are not accepted, the reasons shall be explained and timely feedback shall be given to the public through telephone, written reply or centralized reply on the internet platform.
section 3 expert demonstration
article 15 the decision-making undertaking authority shall organize experts or professional institutions in relevant fields to demonstrate the draft of major administrative decisions, and provide necessary guarantees for the experts or professional institutions conducting decision-making consultation and demonstration.
article 16 the selection of experts and professional institutions shall be based on professionalism, representativeness and neutrality, with a focus on the selection of experts and professional institutions holding different opinions, and shall not select experts and professional institutions that have a direct interest in the major administrative decision-making matter.
both industry experts and legal experts shall be selected to participate in the demonstration, with a majority of industry experts. the experts and professional institutions participating in the demonstration shall have an expertise consistent with the decision-making matters and shall have a certain degree of authority and representativeness in related professional fields. if the decision-making matter involves multiple professional fields, experts and professional institutions in the corresponding fields shall be selected to participate in the demonstration.
article 17 experts and professional institutions shall demonstrate the draft of a major administrative decision mainly from the following aspects:
(1)necessity, legality, rationality, feasibility and scientific nature;
(2)the timing to release the major decision;
(3)the possible negative impact and controllability of the implementation of the major decision on national security, political security, economic development, social stability, public security, ecological environment or historical and cultural protection and inheritance;
(4)other contents required to be demonstrated.
article 18 the decision-making undertaking authority may organize experts and professional institutions to conduct demonstration through means of holding demonstration meetings, offering written advisory opinions, entrusting consultation and demonstration, etc.
for a demonstration meeting held by the decision-making undertaking authority, there shall be no less than 5 experts participating in the meeting. for wide-ranging, controversial, or particularly complex and sensitive decision-making matters, there shall generally be no less than 9 experts participating in the demonstration meeting.
the decision-making undertaking authority shall send to the experts and professional institutions participating in the demonstration the draft decision, the explanation, the key points of the demonstration and other relevant documents at least 7 days in advance.
article 19 experts and professional institutions shall put forward demonstration opinions independently, objectively, impartially and scientifically, and shall keep confidential the state secrets, trade secrets and personal privacy coming to their knowledge as required by law. where a written demonstration opinion is provided, it shall be signed by experts and sealed by professional institutions.
the decision-making undertaking authority shall support experts and professional institutions to independently carry out demonstration work, and shall not propose, explicitly or implicitly, tendentious opinions and requirements to experts and professional institutions.
article 20 the decision-making undertaking authority shall summarize, sort out, analyze and study the expert demonstration opinions and then form an expert demonstration report.
the decision-making undertaking authority shall take the consultation and demonstration opinions and suggestions put forward by experts and professional institutions as important references when making major administrative decisions, and adopt those that are reasonable and feasible; for those unaccepted, the reasons shall be stated.
article 21 the municipal people’s government shall establish an expert database for major administrative decision consultation and demonstration in the whole city, and provide corresponding convenience and services for experts to carry out consultation and demonstration work. the research office of the municipal people’s government shall be responsible for the construction and daily management of the expert database, and shall formulate an expert database management system.
the district people’s government may, as required, establish an expert database at the corresponding level or use the expert database of the municipal people’s government.
section 4 risk assessment
article 22 the decision-making undertaking authority or the relevant unit designated by the decision-making organ shall conduct risk assessment on the draft decision by itself, or entrust a professional institution or social organization with corresponding qualification to do so. for the risk assessment entrusted, the organization, coordination, supervision and management shall be strengthened, and necessary support shall be provided.
for the decision-making matters that shall be subject to such special risk assessments as environmental impact assessment as required by relevant laws, regulations or rules, such provisions shall be followed. if the decision undertaking authority has assessed and evaluated relevant risks as required, there is no need to repeat the evaluation. where the objective conditions on which the major administrative decision is based have changed significantly, the risk assessment shall be repeated.
article 23 the risk assessment authority shall focus on the following risks:
(1)national security risks and political security risks that may endanger national sovereignty, territorial integrity and security and undermine national unity;
(2)economic development risks that may cause loss of financial funds, government debts, regional or systemic financial risks;
(3)social stability risks that may give rise to social contradictions and disputes and mass incidents;
(4)public security risks that may cause casualties or property damages;
(5)ecological environment risks that may cause environmental pollution or ecological environment damages;
(6)historical and cultural protection and inheritance risks that may cause destructive development;
(7)other risks that may arise.
article 24 the risk assessment shall be implemented in accordance with the relevant provisions of the interim regulation on major administrative decision-making procedures and the rules of guangdong province on major administrative decision-making procedures, and a risk assessment report shall be formed.
the risk assessment results shall be used as an important basis for major administrative decisions. if it is assessed that the risk of major administrative decisions is controllable, the decision-making organ may make a decision of implementation and take effective preventive measures to tackle the risk; if it is assessed that the risk is uncontrollable but can become controllable after taking such measures as adjusting the draft decision, the decision-making organ may make a decision of implementation; if it is assessed that the risk is uncontrollable and cannot be adjusted to controllable even after taking corresponding measures, the decision-making organ shall suspend or terminate the decision.
chapter iii legality review and decision-making through group discussion
section 1 legality review
article 25 before the draft of a major administrative decision is submitted to the decision-making undertaking authority for group discussion, the department in charge of legal affairs shall conduct legality review on the draft. where the draft decision has not been subject to legality review or is illegal upon review, it shall not be submitted to the decision-making undertaking authority for group discussion.
before submitting the draft decision to the decision-making organ for group discussion, the decision-making undertaking authority shall submit it to the judicial authority at the same level for legality review. where the draft decision has not been subject to legality review or is illegal upon review, it shall not be submitted to the decision-making organ for discussion.
when submitting the draft decision for legality review, the decision-making undertaking authority shall provide draft decision and relevant documents, including such legal bases as relevant laws, regulations and rules, the statement on implementing the legal procedures for decision-making, and the written legality review opinions of the department responsible for justice of the decision-making undertaking authority. if the documents provided do not meet the requirements, the judicial authority may return such documents or require supplementation.
it is prohibited to replace the legality review procedure by seeking opinions and countersigning. no unit or individual may put forward tendentious opinions and requirements on the legality review.
article 26 the decision-making undertaking authority shall not submit the draft decision to the judicial authority for legality review in the process of investigation and research, seeking opinions, expert demonstration and risk assessment.
article 27 a legality review includes the following contents:
(1)whether the major administrative decision-making matter falls within the statutory authority of the decision-making organ;
(2)whether the draft major administrative decision is formed in compliance with relevant statutory procedures;
(3)whether the contents of the draft major administrative decision comply with the provisions of relevant laws, regulations, rules and superior policies.
article 28 where legality review is requested, the necessary review time shall be guaranteed, and shall generally be no less than 7 working days. the time for supplementing documents, seeking opinions and consultation and demonstration shall not be included therein.
in the course of legality review, the judicial authority shall organize legal advisers and public lawyers to offer legal opinions.
article 29 the judicial authority shall put forward opinions on the legality of the draft decision as follows:
(1)if it falls within the statutory authority and its procedure and content are legal, the judicial authority will agree to submit it to the decision-making organ for discussion;
(2)f some contents are inconsistent with laws, regulations, rules and policies, the decision-making undertaking authority shall first make adjustments according to law and then submit it to the decision-making organ for discussion;
(3)if such procedures as public participation, expert demonstration and risk assessment have been performed but there are defects, the decision-making undertaking authority shall supplement and improve relevant procedures and then submit it to the decision-making organ for discussion;
(4)if it falls beyond the statutory authority or seriously violates laws, regulations, rules and policies, the decision-making undertaking authority shall suggest not to submit it to the decision-making organ for discussion.
article 30 the judicial authority shall offer legality review opinions in a timely manner and be responsible for such opinions. the decision-making matters under exploratory reform that are not clearly provided for by the state, province and this municipality may be submitted to the decision-making organ for discussion with the legal risks clearly indicated.
the decision-making undertaking authority shall make necessary adjustments or supplements to the major administrative decision-making matters according to the legality review opinions, and shall report the acceptance of opinions to the decision-making organ in writing. for the opinions unaccepted or not fully accepted, the reasons shall be fully explained to the decision-making organ.
section 2 decision-making through group discussion and issuance of decisions
article 31 when submitting a draft major administrative decision to the decision-making organ for discussion, the decision-making undertaking authority shall submit the following documents:
(1)the request for instructions submitted to the decision-making organ for discussion and decision;
(2)draft decision and drafting explanations;
(3)the laws, regulations, rules and policies on which the major decision-making matters is based;
(4)documents related to public participation, expert demonstration and risk assessment procedures;
(5)documents related to fair competition review and reexamination if the draft decision involves the economic activities of market entities;
(6)written legality review opinions issued by the department in charge of legal work of the decision-making undertaking authority, and the adoption of relevant opinions;
(7)documents related to the group discussion on the draft decision performed by the decision-making undertaking authority;
(8)written legality review opinions issued by the judicial authority, and the adoption of relevant opinions;
(9)other documents related to major administrative decisions.
if the documents submitted by the decision-making undertaking authority are incomplete, the responsible office of the decision-making organ shall require the decision-making undertaking authority to make supplementations in a timely way.
article 32 a major administrative decision-making matter shall be submitted to the executive meeting or plenary meeting of the decision-making organ for discussion in accordance with the relevant provisions of the interim regulation on major administrative decision-making procedures and the rules of guangdong province on major administrative decision-making procedures. the executive head of the decision-making organ can make decisions on the basis of group discussion. no decision shall be made without group discussion. the decision made based on group discussion shall be truthfully recorded, with different opinions truthfully stated.
where as required by law, a major administrative decision-making matter shall be submitted to a higher authority for approval, it shall be submitted to the higher authority for approval before its issuance.
article 33 after a major administrative decision is made, the decision-making organ shall, within 10 working days after the decision is made, disclose the decision-making matters, decision-making grounds and results to the public through the government bulletin, government website or other internet government service media, press conferences, newspapers, radio, television and other channels, unless the decisions shall not be disclosed as stipulated by law.
the decision-making undertaking authority shall organize and carry out interpretation simultaneously, make full use of various media to comprehensively interpret the policy from multiple angles around the formulation background and main measures of the policy, and release authoritative interpretation in a timely way. with respect to major administrative decisions of concern to the public or with a high degree of professional or technical requirement, the decision-making undertaking authority shall state the adoption of public opinions and expert demonstration opinions, and publicize and interpret the decisions in such forms as holding press conferences and accepting interviews.
article 34 the decision-making organ shall establish a filing system for the records and documents of major administrative decision-making processes, and the relevant authorities shall timely and completely file the records and documents formed during the implementation of the decision-making procedures, and standardize the management of such records and documents according to law. the decision-making undertaking authority shall timely and completely summarize the records and documents formed in the whole process of major administrative decision-making.
chapter iv execution and adjustment of decisions
article 35 the decision-making organ shall, within the scope of its statutory duties and functions, specify the entity responsible for the execution of major administrative decisions (hereinafter referred to as the “decision execution entity”). the decision execution entity shall execute major administrative decisions in a comprehensive, timely and accurate way, ensure the quality and progress of decision execution, track the execution effect, and report the execution to the decision-making organ in a timely way.
article 36 the decision-making organ shall supervise and inspect the execution of the major administrative decisions through such means as follow-up investigation and assessment.
where the competent organ finds any problem in the major administrative decisions when supervising the execution of the major administrative decisions, it shall timely feed back to the decision-making organ and put forward suggestions for improvement.
if any citizen, legal person or unincorporated organization is of the opinion that there is any problem in a major administrative decision and the execution thereof, it/he/she may put forward opinions and suggestions to the decision-making organ or decision execution entity by such means as letter, telephone and e-mail.
article 37 where the decision execution entity finds any problem in a major administrative decision, significant change in the objective conditions on which the major administrative decision is made, force majeure event in the execution of the major administrative decision, or any other issue that seriously affects the realization of the decision objectives, or citizens, legal persons or unincorporated organizations have offered more opinions, it shall report to the decision-making organ in a timely manner.
article 38 under any of the following circumstances, the decision-making organ may organize post-decision assessment and determine the entity that undertakes the specific work of assessment (hereinafter referred to as the “assessment entity”):
(1)the laws, regulations, rules, policies or other objective conditions on which the decision is based have changed significantly;
(2)expected results have not been achieved after the execution of the major administrative decision;
(3)citizens, legal persons or unincorporated organizations have put forward more opinions;
(4)the decision-making organ deems it necessary.
the assessment entity may conduct post-decision assessment by itself or entrusting experts, professional institutions and social organizations (hereinafter referred to as the “entrusted assessment entities”), except the experts, professional institutions and social organizations that undertake the main demonstration and assessment work before the decision is made.
for major administrative decisions with a long execution period, the assessment entity or the entrusted assessment entities may carry out phased post-decision assessment.
article 39 the post-decision assessment shall be carried out in accordance with the provisions of , and a post-decision assessment report shall be formed accordingly. the post-decision assessment results shall be taken as an important basis for adjusting major administrative decisions.
the relevant administrative organs shall attach importance to and seriously study and deal with the suggestions on perfecting relevant supporting systems and improving administrative management as indicated in the post-decision assessment report.
article 40 major administrative decisions made in accordance with law shall not be arbitrarily changed and the execution thereof shall not be ceased without undergoing statutory procedures. if there is a need of major adjustment, the legal procedures of group discussion and reporting to the party committee at the same level shall be followed as required by these rules. in case of emergency, the executive head of the decision-making organ may decide to suspend the execution first, provided that related decision shall be put on record and the reasons shall be explained at the executive meeting or plenary meeting of the decision-making organ afterwards.
where the execution of a major administrative decision is suspended or a major adjustment is made, the decision-making organ and the decision execution entity shall take effective measures to avoid or reduce the possible losses and adverse effects thereof.
chapter v decision-making supervision
article 41 where major administrative decisions are subject to the supervision of the people’s congress and its standing committee at the corresponding level as required by law, and fall within the scope of major matters subject to the discussion and decision by the people’s congress and its standing committee at the corresponding level or shall be reported to the standing committee of the people’s congress at the corresponding level before issuance according to the provisions of relevant laws or regulations, such provisions shall prevail.
administrative organs at higher levels shall strengthen supervision over major administrative decisions of administrative organs at lower levels. audit bodies shall supervise major administrative decisions as required.
citizens, legal persons or unincorporated organizations shall be entitled to supervise major administrative decision-making work and put forward opinions or suggestions.
article 42 major administrative decision-making matters shall be included in the scope of government supervision and inspection. the government supervision and inspection authorities shall supervise and inspect the drafting, demonstration, assessment and execution of major administrative decisions, and report to the decision-making organ in a timely manner.
article 43 the government supervision and inspection authorities shall timely feed back the supervision and inspection conclusions of major administrative decisions to the inspected entities under supervision, or notify them in an appropriate form.
for the matters requiring rectification as stated in the supervision and inspection conclusions, the inspected entities under supervision shall make rectifications as required. the government supervision and inspection authority may, according to the needs of its work, check the rectification.
article 44 the government supervision and inspection authority may, based on the supervision and inspection conclusions on major administrative decisions or the check results on rectification, put forward such suggestions as praising, encouraging and criticizing the inspected entities under supervision according to law and regulations, and organize their implementation after being approved by the people’s government at the corresponding level or its executive head.
the government supervision and inspection authority may, based on the supervision and inspection conclusions on major administrative decisions or the check results on rectification, put forward suggestions on investigating the liabilities of the inspected entities under supervision in accordance with the law and regulations, and submit them to the competent authority for investigation and handling after being approved by the people’s government at the same level or its executive head.
article 45 the performance of major administrative decisions shall be taken as an important part of the assessment and evaluation of decision-making organs and their leaders, and shall be incorporated into the kpi system for the building of the rule of law as a part of the assessment and evaluation on the building of the rule of law.
article 46 where a relevant unit and its staff, in violation of these rules, fails to perform its/his/her duties according to law, the competent authority shall order it/him/her to make corrections and investigate its/his/her liabilities according to law.
chapter vi supplementary provisions
article 47 the procedures for making and adjusting major administrative decisions by the municipal and district people’s governments, town people’s governments, sub-district offices or the organs authorized by relevant laws/regulations to manage public affairs shall be implemented with reference to these rules. the legal procedures include such decision-making links as public participation, expert demonstration, risk assessment, legality review and group discussion.
the major administrative decisions made by the above-mentioned organs shall be subject to legality review by the departments in charge of legal work of such organs. and the decisions shall be made by the heads of such organs upon group discussion and be submitted to the party groups (party committees) of such organs before issuance.
article 48 where a major administrative decision-making matter simultaneously belongs to administrative normative document matter and other matters requiring special procedures, the relevant procedures shall be followed when implementing these rules. if the procedures are the same as those specified herein, there is no need to repeat such procedures.
article 49 these rules shall come into force on october 1, 2022. the rules of guangzhou municipality on major administrative decision-making procedures effective from january 1, 2011 shall be abolished accordingly.