Chapter III Provisions on Administrative Procedures of Hunan Province

Administrative decision-making procedures Section 1 Major administrative decisions

Twenty-ninth people's governments at or above the county level shall make major administrative decisions, and the provisions of this section shall apply.

The major administrative decision-making procedures of the subordinate departments of the people's governments at or above the county level and the Township People's governments shall be implemented with reference to the provisions of this section.

Major emergencies must be decided by the government immediately, and can be decided by the chief executive of the government or the deputy in charge according to their functions and powers, and can be made within the government in time.

Notify or report to the Chief Executive at the meeting.

The drafting of local regulations and the formulation of rules shall be governed by the provisions of the Legislative Law of People's Republic of China (PRC), the Regulations on the Procedures for Formulating Rules and the Measures of Hunan Provincial People's Government for Formulating Local Regulations. Where major administrative decision-making matters are involved, major administrative decision-making procedures shall also be applied.

Thirtieth administrative decision-making must adhere to the leadership of China * * * production party, and implement legal, scientific and democratic decision-making.

Article 31 The term "major administrative decision-making" as mentioned in these Provisions refers to the following administrative decision-making matters made by the people's governments at or above the county level, which are related to the overall economic and social development of the region, involving a wide range, strong professionalism and closely related to the interests of the people:

(a) to formulate major policies and measures for economic and social development, and to formulate national economic and social development plans and annual plans;

(two) the preparation of all kinds of overall planning, important regional planning and special planning;

(three) the preparation of financial budget and final accounts, major financial arrangements;

(4) Major government investment projects; (5) Disposal of major state-owned assets;

(six) the development and utilization of resources, environmental protection, employment, social security, population and family planning, education, medical and health care, food and medicine, housing construction, safety in production, traffic management and other major measures. ;

(seven) the determination and adjustment of important administrative fees and prices of important commodities and services formulated by the government;

(eight) major measures for the reform of the administrative management system; (nine) other major issues that require government decision-making.

The specific matters and quantitative standards of major administrative decisions shall be determined by the people's governments at or above the county level within the scope specified in the preceding paragraph and announced to the public.

Article 32 The chief executive of a government shall exercise decision-making power on major administrative matters on behalf of the government at the corresponding level.

The head of the government, the secretary-general of the government or the director of the government office assist the Chief Executive in making decisions.

Government departments, people's governments at lower levels and citizens, legal persons or other organizations may put forward suggestions on major issues that need to be submitted to the government for decision-making.

The people's governments at or above the county level shall establish and improve the administrative decision-making consultation mechanism and improve the administrative decision-making intelligence and information support system.

The decision-making undertaking unit shall be determined according to the statutory authority or designated by the chief executive of the government.

Thirty-third major administrative decision-making matters put forward by the chief executive of the government shall be submitted by the chief executive to the organizer to start the decision-making process.

The chief executive of the government shall decide whether to enter the decision-making process for major administrative decision-making matters put forward by the person in charge of the government, government departments and the people's government at the next lower level.

Article 34 The decision-making undertaking unit shall conduct in-depth investigation and study on the matters to be decided, comprehensively and accurately grasp the information needed for decision-making, formulate a decision-making plan in combination with the actual situation, solicit opinions from relevant parties according to the scope of decision-making matters, fully negotiate and coordinate, and form a draft decision-making plan.

More than two alternative decision-making schemes should be drawn up for matters that need multi-scheme comparative study or controversy.

The decision-making undertaking unit shall demonstrate the legality of the draft major administrative decision-making plan.

The decision-making undertaking unit may entrust experts, professional service agencies or other organizations with corresponding capabilities to complete professional work.

The decision-making undertaking unit can conduct cost-benefit analysis on major administrative decision-making schemes.

Thirty-fifth except for matters that may not be disclosed according to law, the decision-making undertaking unit shall announce the draft of major administrative decision-making plans to the public for public comments. The items announced include:

(1) Major administrative decision-making plans and their explanations;

(two) the way, the way and the starting and ending time of the public to submit opinions;

(three) contact department and contact information, including mailing address, telephone number, fax number and e-mail.

The time for the decision-making undertaking unit to publish the draft of major administrative decision-making plan for public consultation shall not be less than 20 days.

Thirty-sixth decision-making undertaking units shall organize more than three experts or research and consulting institutions to demonstrate the necessity, feasibility and scientificity of the draft major administrative decision-making plan.

The decision-making undertaking unit shall randomly determine or select experts from experts related to major administrative decisions to participate in the demonstration, so as to ensure that the experts participating in the demonstration are representative and balanced.

After the expert conducts the demonstration, he shall issue a written demonstration opinion, which shall be signed by the expert for confirmation. Experts are responsible for the scientific nature of the argument.

The decision-making undertaking unit shall sort out the expert opinions and adopt reasonable opinions; If it is not adopted, the reasons shall be explained. Expert opinions and adoption shall be announced to the public.

Article 37 After the draft of major administrative decision-making plan is published, the decision-making undertaking unit shall, according to the scope and extent of the impact of major administrative decisions on the public, take the form of forums, consultation meetings and open-ended listening to opinions, and listen to opinions and suggestions from the public and all sectors of society. The scope of public participation and the selection of representatives should ensure that the opinions of the affected public can be expressed fairly.

The decision-making undertaking unit shall sort out the public's opinions and suggestions on major administrative decisions and adopt reasonable opinions put forward by the public; If it is not adopted, the reasons shall be explained. Public opinions and adoption should be announced to the public.

Thirty-eighth major administrative decisions in any of the following circumstances, a hearing shall be held:

(a) involving the vital interests of the public; (two) the public has major differences on the decision-making plan; (three) may affect social stability; (four) the provisions of laws, regulations and rules shall be heard.

Article 39 After the draft of major administrative decisions is examined by the responsible person in charge of the government, the chief executive shall decide to submit it to the executive meeting of the government or the plenary meeting of the government for discussion.

The executive meeting of the government or the plenary meeting of the government shall follow the following procedures when considering the draft of major administrative decision-making plans:

(a) the decision-making organizer's explanation of the draft decision-making plan;

(two) the legal department of the government to review or demonstrate the legality;

(three) other members of the meeting to express their opinions; (four) the person in charge of the decision-making matters to express their opinions; (5) The Chief Executive's final comments.

Fortieth major administrative decisions should be made by the chief executive on the basis of collective deliberation.

The Chief Executive may decide to agree, disagree, modify, postpone or reconsider the matters under consideration.

If the suspension decision is made for more than 1 year, the draft plan will exit the major decision-making procedure.

If the decision of the chief executive is inconsistent with the opinions of most members of the meeting, the reasons shall be explained.

The executive meeting of the government or the plenary meeting of the government shall record the discussions and decisions on major administrative decision-making plans, and specially indicate the different opinions.

Article 41 If major administrative decision-making matters need to be reported to the people's government at a higher level for approval according to law or should be submitted to the people's congress at the same level and its standing committee for deliberation and decision according to law, the people's government at or above the county level shall report them to the people's government at a higher level for approval according to procedures or submit them to the people's congress at the same level and its standing committee for deliberation and decision according to law.

Forty-second major administrative decisions made by administrative organs, the decision-making organs shall, within 20 days from the date of making the decision, announce the results of major administrative decisions to the public.

Forty-third decision-making organs should supervise and inspect the implementation of major administrative decisions through follow-up investigation and evaluation. Decision-making executive organs shall, according to their respective responsibilities, comprehensively, timely and correctly implement major administrative decisions. Supervisory organs should strengthen supervision over the implementation of major administrative decisions.

Decision-making executive organs, supervisory organs, citizens, legal persons or other organizations think that major administrative decisions and their implementation are illegal or improper, and they may submit them to the decision-making organs. The decision-making organ shall carefully study and make a decision to continue, stop, suspend or modify the decision-making plan according to the actual situation.

Forty-fourth decision-making organs should regularly evaluate the implementation of major administrative decisions and make the evaluation results public.

Section 2 Formulation of Normative Documents

Article 45 The normative documents mentioned in these Provisions refer to administrative documents with general binding force, which are formulated by administrative organs and organizations authorized by laws and regulations, involve the rights and obligations of citizens, legal persons and other organizations, and are applied repeatedly within a certain period of time.

Article 46 Matters involving the functions and powers of two or more government departments shall be formulated by the people's government at the corresponding level or jointly by the relevant departments.

Government departments shall solicit the opinions of the people's governments at the corresponding levels in advance when formulating normative documents involving the vital interests of the masses, matters of high social concern and important foreign-related matters; Important normative documents jointly formulated by government departments shall be approved by the people's government at the corresponding level before promulgation.

The deliberation and coordination institutions, departmental institutions and internal institutions shall not formulate normative documents.

Forty-seventh normative documents shall not set administrative licensing, administrative punishment, administrative coercion, administrative fees and other matters.

Specific provisions made by normative documents on the implementation of laws, regulations and rules shall not conflict with the provisions on which they are based; Without the basis of laws, regulations and rules, normative documents shall not make provisions restricting or depriving citizens, legal persons or other organizations of their legitimate rights or increasing their obligations.

Forty-eighth normative documents should be formulated in various forms to listen to opinions, and the legality of the institution responsible for legal affairs of the enacting organ shall be reviewed, and the person in charge of the enacting organ shall make a collective deliberation and decision.

If the normative documents involve major administrative decisions, the major administrative decision-making procedures shall also be applied.

Forty-ninth the implementation of normative documents registration system. Normative documents formulated by the people's governments at or above the county level and their departments shall be uniformly registered, numbered and published. The specific measures shall be formulated separately by the provincial people's government.

Fiftieth normative documents shall be implemented 30 days after the date of promulgation; However, if it will hinder the implementation if the normative documents are not implemented immediately after publication, they can be implemented as of the date of publication.

Fifty-first normative documents are valid for 5 years. Marked "tentative" and "trial", valid for 2 years. When the validity period expires, the normative documents will automatically become invalid. The formulation organ shall make an evaluation within 6 months before the expiration of the validity period of the normative documents, and if it is necessary to continue the implementation, it shall be re-promulgated; Need to be revised, according to the procedures.

Article 52 The legal department of the people's government at or above the county level shall establish a database of normative documents and an online retrieval system, and timely publish the registered catalogue of current valid normative documents and invalid normative documents, so as to facilitate citizens, legal persons or other organizations to inquire and download.

Fifty-third citizens, legal persons or other organizations that normative documents are illegal may apply to the legal department of the relevant people's government for examination. The legal department of the government that receives the application shall accept it, make a treatment within 30 days from the date of receiving the application, and inform the applicant in writing of the treatment result.