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Distributing Service Regulations of the People’s Government of Nanchang
PubTime:09-11-26 01:49:00

People’s governments of all counties and districts, management committees of all development zones (new districts), all relevant departments of the municipal government:

Service Regulations of the People’s Government of Nanchang has been passed after deliberation by the 27th Standing Conference of the Municipal Government on August 29, 2008 and will be printed and distributed to you now. Please carefully follow these regulations.

 

Service Regulations of the People’s Government of Nanchang City

Chapter 1 General

Article 1 The new People’s Government of Nanchang City was formed on the 1st Meeting of the 13th People’s Congress of Nanchang City. These Regulations are established according to Constitution of the People’s Republic of China, Organic Law of the Local People's Congresses and Local People's Governments of the People’s Republic of China, Service Regulations of the People’s Government of Jiangxi Province, and the responsibilities of the Municipal People’s Government.

Article 2 The guiding thought for the service of the Municipal People’s Government is to hold high the great banner of socialism with Chinese characteristics, adhere to Deng Xiaoping Theory and "Three Represents" as our guidance, thoroughly apply the Scientific Outlook on Development, follow the leadership of the Provincial Party Committee, the Provincial Government, and the Municipal Party Committee, execute the routes, principles and policies of the Party, fully carry out the governmental functions, and strive to build a service-oriented government, a responsible government, a rule-by-law government, and an honest government.

Article 3 The principles for the service of the Municipal People’s Government are to make decisions scientifically and democratically, stick to law-based administration, make government affairs public, consummate the supervision system, and strengthen the construction of a clean and honest administration.

Chapter 2 Duties and Responsibilities of Members

Article 4 Members of the Municipal People’s Government shall fulfill their duties and responsibilities imposed by the Constitution and law, exercise power in the interest of the people, be devoted to their duties, look for the truth and be practical, and be diligent and honest.

Article 5 The Municipal People’s Government is made up of the following personnel: Mayor, deputy Mayors, General Secretary, heads of all bureaus, and chairmen of all committees. The Municipal People’s Government may set up a Mayor’s Assistant as needed.

Article 6 A Mayor’s responsible system is used by the Municipal People’s Government. The Mayor directs all aspects of the service of the Municipal People’s Government.

Article 7 The Mayor confines and presides over the plenary sessions and standing conferences of the Municipal People’s Government. Major issues in the service of the Municipal People’s Government must be discussed by the plenary sessions or standing conferences of the Municipal People’s Government before any decision is made.

Article 8 The First Deputy Mayor helps the Mayor direct the daily work of the Municipal People’s Government. The deputy Mayors assist the Mayor in their respective parts of the work and also take care of the overall service of the Municipal People’s Government. They shall timely report to the Mayor important information and major events, carefully investigate and study problems related to principles and policies, make suggestions to the Mayor about solutions to such problems, and discus with other deputy Mayors if such problems are related to the parts of work undertaken by other deputy Mayors.

Article 9 The General Secretary assists the Mayor and First Deputy Mayor to handle the daily affairs of the Municipal People’s Government.

Article 10 Heads of all bureaus and chairmen of all committees of the Municipal People’s Government shall take charge of the work of their respective departments, fully carry out the functions of their departments, and study and resolve, on their own initiatives, the difficulties and problems encountered during reform, development, and stabilization.

Under the leadership of the Mayor, the Municipal Auditing Bureau shall independently exercise the auditing and supervising rights according to law and keep away from the interference by any other administrative organizations, social groups, or individuals.

All departments of the Municipal People’s Government shall carry out their respective functions, fulfill their respective responsibilities, pay attention to the interests of the whole, unite with faith and dedication, unify government decrees, and implement all kinds of plans for the service of he Municipal People’s Government.

Chapter III Comprehensively Fulfilling Governmental Functions

  Article 11 The Municipal Government and all departments shall accelerate the transformation of governmental functions and fully carry out the economic regulation, market supervision, social management, and public service functions.

Article 12 Consummate the macroscopic control system. Use economic, leg, and necessary administrative approaches to guide and control the operation of economy, adjust and optimize the economic structure, develop foreign trade and regional economic operation, improve employment, stabilize commodity prices, and promote the good and fast development of economy.

Article 13 Exercise strict market supervision, promote fair access, consummate the supervision system, standardize law enforcement on the market, and form a unified, open, competitive, and orderly modern market system.

Article 14 Strengthen social management, emphasize the role of the government in promoting employment and regulating the division of income, perfect the social security system, consummate a grass-root social management system, properly settle conflicts in the society, maintain the fairness, just, and stability of the society, and consummate the emergency management mechanism for emergency events.

Article 15 Improve public service, consummate the public policies and public service system, strengthen the capacity of basic public service , and promote the equalization of basic public service.

Chapter 4 Making Decisions in a Scientific and Democratic Manner

  Article 16 The Municipal People’s Government and all departments shall perfect a decision-making mechanism integrating common people’s participation, advices by specialists, and governmental decisions, consummate the rules and procedures for the decision-making of major issues, and make decisions in a law-based, scientific, and democratic manner.

Article 17 Plans for the national economy and social development, financial budgets, policies and measures for macroscopic control and reform and opening-up, affairs managed by the government and society, local regulations, bills, and administrative regulations, and major decisions about government-invested construction projects shall be discussed and decided on plenary sessions or standing conferences of the Municipal People’s Government.

Article 18 Before making any major decision, the Municipal People’s Government shall hold discussion meetings as needed to directly listen to the opinions and suggestions by democratic parties, mass organizations, specialists, and scholars.

Article 19 All major issues submitted by departments to the Municipal People’s Government for discussion must be investigated and studied. Relevant necessity, feasibility, and validity shall demonstrated by specialists and research institutes or consulting organizations. Issues the involve departments shall be fully negotiated. Opinions shall be solicited in advance about issues that relate to counties (districts). Opinions and suggestions should be listened to through social publicity or public hearings for issues that relate to the vital interests of the people.

Article 20 All departments must firmly implement major decisions by the Municipal People’s Government and timely follow up and feed back the execution status of these decisions. General Office of the People's Government of Nanchang City shall strengthen the supervision and inspection and make sure that government decrees are executed without obstruction.

Chapter 5 Sticking to Law-based Administration

Article 21 The Municipal People’s Government and all departments shall fulfill duties and execute administrative power strictly according to the legal authority limits and procedures.

Article 22 The Municipal People’s Government shall timely make proposals of local laws, establish administrative rules and regulations, and amend or abolish administrative rules and regulations, administrative measures, or administrative decisions that are not longer appropriate according to the economic and social development. Drafts of proposed local laws and administrative rules and regulations that are closed related to the interests of the people shall be made public in order to solicit opinions from the society.

Administrative rules and regulations shall be evaluated after being implemented. Any deficiency identified shall be timely remedied.

Article 23 The proposal of local laws and the establishment of administrative rules and regulations and other normative documents must be in accordance with the Constitution, laws, and regulations, with decisions and orders by the State Council and Provincial Government, and with the national principles and policies in order to maintain the unity of the legal system. The actual conditions of our city must be carefully considered and investigation, research, and demonstration must be performed for the legislative process in order to ensure the operability of laws and regulations. All legal norms must be properly linked on the basis of the overall situation in order to improve the authority of laws and regulations.

Article 24 Drafts of local laws submitted to the Municipal People’s Government for discussion and drafts of administrative rules and regulations submitted to the Municipal People’s Government for deliberation shall be examined or written by the legal institution of the Municipal People’s Government. The interpretation of administrative rules and regulations is undertaken by the legal institution of the Municipal People’s Government.

Article 25 Strictly carry out the law-enforcement responsibility mechanism and law-enforcement mistake investigation mechanism and ensure strict law-enforcement, just law-enforcement, and civilized law-enforcement.

Chapter 6 Improve Government Affairs Public

Article 26 The Municipal People’s Government and all departments shall strive to improve the government affairs public, perfect the government information issuance system, improve the system of keeping the public informed of matters being handled and increase the transparency of government work. 

Article 27 Any and all matters discussed and decided at plenary session and and/or standing meetings of the Municipal People’s Government, and any and all policies formulated by the Municipal People’s Government and the departments thereof, shall be published on time, except otherwise needed to be kept secret. 

Article 28 Any and all matters that need to be extensively known by the masses and relevant to the close interests of them, and the laws, rules and regulations and other matters that shall be disclosed by the Municipal People’s Government, shall be made public accurately to society through the government websites, government bulletins, news release conferences, broadcasting and TV, etc. on time according to law.

Chapter 7 Perfect Supervision System

Article 29 The Municipal People’s Government shall consciously accept the supervision from the Municipal People's Congress and the Standing Committee thereof, report its work earnestly and responsibly, accept inquiries and interpellations and keep administrative regulations on record according to law; consciously accept the democratic supervision from the Municipal Political Consultative Conference and modestly consider the opinions and suggestions.

Article 30 The Municipal People’s Government and all departments there of shall, according to relevant laws, accept supervision implemented by the judicial authorities and shall consciously accept supervision from other departments such as the auditing department as well. The problems discovered in the supervision shall be earnestly investigated and treated and shall be reported to the Municipal People’s Government.

Article 31 Strengthen the internal supervision within the administrative system, improve the hierarchical supervision system of the government. Strictly execute the administrative reconsideration law and the system of keeping regulations on record, cancel and revise the stipulations, prescriptions and other regulatory documents in breach of relevant laws, rules and regulations in time, correct and unreasonable administrative behaviors and shall initiatively consult and earnestly debrief the opinions and suggestions from the lower local governments and their departments. 

Article 32 The Municipal People’s Government and the departments thereof shall accept the supervision from the media opinions and the masses. As to major problems reported by the new media or reflected by other aspects, relevant departments shall actively and initiatively conduct investigation and treatment and shall report the same to the Municipal People’s Government.

Article 33 The Municipal People’s Government and the departments thereof shall attach great importance to the letters and visits on complaints of the masses, continue to improve the letters and visits system and ensure the smooth of the channels thereof; the leaders of the and Municipal People’s Government the responsible persons of the departments of the Government shall personally review the important letters from the masses.

Article 34 The Municipal People’s Government and the departments thereof shall push on the executive accountability system and the Performance Management System, define clearly the scope of the accountability, standardize the procedures of the accountability, strictly conduct the responsibility investigation and improve the implementation capacity and the public credibility of the government.

Chapter 8 Strengthen Construction of Clean and Honest Administration

Article 35 The Municipal People’s Government and all departments thereof shall run the government by high standards, shall treat the affairs within scope of power and functions actively according to corresponding procedures and time limit and shall not handle the affairs that not conform to the regulations by adhering to principles; where there are any adverse effects and losses caused by bureaucracy of prevarication or hanging up or dereliction of duty, such person shall be investigated and affixed the liabilities thereof; and where there are such behaviors by breach of laws, rules and regulations as treatment affairs by exceeding one's authority or abuse of power for personal gains, such persons shall be severely punished.

Article 36 Municipal People’s Government and all departments thereof shall strictly execute finance and economic discipline, shall regulate public reception, shall not send gifts or set banquets mutually with public money, and shall not receive the gifts and banquets that may affect performance of official functions. The government and all departments thereof shall struggle arduously, work hard and practice economy, practically cut cost for administration, thus establishing cost-conserving organs.

Article 37 The members of the Municipal People’s Government shall perform official duties honestly, shall strictly observe relevant municipal and provincial regulations concerning honesty and self-discipline, shall not cash in on profiteering for themselves or others who have special relations with them by exploiting power, functions or position influence; shall be strict with their relatives and surrounding officials and shall not try to curry favor with them or seek personal gains by utilization of their special identities.

Chapter 9 Congress System

Article 38 The Municipal People’s Government uses the plenary session system and standing meeting system.

Article 39 The plenary session of Municipal People’s Government is composed of Mayor, Deputy Mayors, Secretary General, Bureau Secretaries, and Directors of committees, which shall be convened and presided over by mayors, or convened and presided over by First Deputy Mayor who shall be authorized by Mayor. The main tasks of the meeting are listed as follows:

 (I) To transmit and carry through the directions, decisions and major work arrangements transmitted by the Municipal Party Committee, the Provincial Government, the Provincial Party Committee, the State Council and the Chinese Party Central Committee;

 (II) To discuss and make decisions on major affairs in the work of the Municipal People’s Government;

 (III) To arrange major tasks of the municipal people's government; and

 (IV) To report the economy of the whole city and social development situation.

The plenary session of the Municipal People’s Government is convened once half a year, which shall arrange relevant departments and heads of relevant units to attend a conference without voting rights if necessary.

Article 40 The standing meeting of the Municipal People’s Government shall be composed by Mayor, Deputy Mayors and Secretary General, which shall be convened and presided over by Mayor, or convened and presided over by the First Deputy Mayor who shall be authorized by Mayor. The main tasks of the meeting are listed as follows:

 (I) To transmit and carry through the directions, decisions and spirit of major meetings transmitted by the Municipal Party Committee, the Provincial Government, the Provincial Party Committee, the State Council and the Chinese Party Central Committee;

To discuss and make decisions on major affairs in the work of the Municipal People's Government;

(III) To discuss major affairs to be reported to the Municipal Committee and Provincial Government for their examination and approval.

 (IV) To discuss proposals to be submitted to Municipal People’s Congress and its Standing Committee for their review and deliberation.

 (V) To discuss and adopt the administrative regulations and important documents of the Municipal People’s Government;

 (VI) To discuss and make decisions on important affairs reported by all County (District) People’ Governments and by the departments of the Municipal People’s Government;

 (VII) To debrief import reports on work situation of all departments of the Municipal People’s Government. 

The standing meetings the Municipal People’s Government shall be convened once or twice a month, which shall be convened at any time if necessary. And relevant departments and heads of relevant units shall be arranged to attend a conference without voting rights if necessary.

Article 41 Assistant to the Mayor shall attend the plenary sessions and the standing meetings of the Municipal People’s Government.

Article 42 The items on the agenda both for plenary sessions and standing meetings shall be determined by the Mayor after the approval of Secretary General and the First Deputy Major, and the organization work of the meeting shall be charged by the General Office of the Municipal People’s Government.

Article 43 Generally, persons who shall attend the plenary sessions and/or standing meetings shall not ask for leave. To maintain the seriousness of the meeting, where the departments composed of the municipal government are informed to attend the meeting, the directors of such departments shall present at the meeting as long as they are in the city, and where they can not attend the meeting and ask leave for special reasons, such leave shall be approved in advance.

Article 44 The minutes of both plenary sessions and standing meetings be reported to the First Deputy Mayor and Mayor for issuance after the examination and approval by the Secretary General. Where the affairs discussed and determined at plenary sessions or standing meetings of the Municipal People’s Government are necessary to be published shall be reported in time. The press release shall be examined and approved by the Secretary General or the Director of General Office, or be reposted to the First Deputy Mayor or Mayor for approval if necessary.

Article 45 In case of convening of any meetings by the Municipal People’s Government and all departments thereof, such meetings shall be controlled both in quantity and in scale and shall be examined and approved strictly. The work within the scope of responsibilities of departments of the Municipal People’s Department, the meetings concerned shall be convened by relevant departments; in case the work involving several departments, the meetings concerned shall be convened jointly by the relevant departments, and shall not be convened in the name of the Municipal People’s Government.

In principle, the time for convening of municipal annual work conference shall not exceed once a year. And the level thereof shall not involve in the towns or sub-district offices, and leaders of Town People’s Government and the sub-district offices shall not be invited to attend such meetings.

Article 46 The municipal meetings convened in the name of the Municipal People’s Government or the meetings which the leaders at County (Region) People’s Government are invited to attend shall be reported to the First Deputy Mayor and the Mayor for approval after the examination and approval by Deputy Mayors with specific duties; and the municipal annual work meetings convened by the departments shall be approved by Deputy Mayors with specific duties.

Article 47 The meetings convened by the Municipal People’s Government and/or the departments thereof shall carry out such principles as downsizing, high efficiency and thrift. It shall advocate convening of short meetings, convening of on-the-spot working meetings on promotion of central tasks and practical, high-efficiency small coordination meetings. Under the circumstance that the information disclosure is allowed, such shortcut, thrifty meetings forms as television meeting and/or telephone meeting shall be adopted. 

Chapter 10 Examination and Approval of Official Documents

Article 48 The examination and approval of the Municipal People’s Government shall conform to relevant provisions stipulated by the Procedures for Handling Official Documents in the Administrative Departments of the Government, the Procedures for Handling Official Documents in the Administrative Departments of the Government of Jiangxi Province and the Regulations for Handling Official Documents of Nanchang Municipal People’s Government, and shall be handled according to the principle of division of labor with individual responsibility of the leaders of the Municipal People’s Government. 

Article 49 The administrative regulations announced by the Municipal People’s Government and the proposals on human affairs submitted to the Standing Committee of the Municipal People’s Congress shall be signed by the Mayor.

Article 50 Documents issued in the name of Municipal People’s Government shall be signed and issued by the Mayor after the examination and approved by the leaders with specific duties of Municipal People’s Government. 

Article 51 Documents within the work scope of the municipal government issued in the General Office of the Municipal Government shall be signed and issued mainly by the First Deputy Mayor and the Deputy Mayors with specific duties. Official documents involving major policies, people and property of the city and the official documents to be reported to the General Office or relevant departments of the Provincial Government shall be finally signed and issued by the mayor.

Article 52 The official documents to be reported to the Municipal People’s Government for examination and approval, or the documents which are required to be issued by the Municipal People’s Government or the General Office of the Municipal People’s Government, and in case the affairs concerned are within the power and function scope of other departments, the competent department shall negotiate with relevant departments, and the cooperative department shall give actively cooperation, and upon the unanimous opinion being achieved and countersignature being signed by responsible persons of relevant departments, such documents shall be reported to the Municipal People’s Government; in case of any difference in opinion between departments, the competent department shall list out the opinions and reasons put forward by relevant departments so as to give opinions, and shall attach the official opinions of relevant departments and coordination meeting records, such lists and attachments shall be reported to the Municipal People’s Government together for coordination and adjudication after being signed by all responsible persons of the relevant departments.

Article 53 The Municipal People’s Government and all departments shall further simplify the documents. In case the affairs are within the scope of power and functions of the departments of the Municipal People’s Government, such documents shall be issued by the competent departments, and shall not require the Municipal People’s Government for approval and forwarding or require the General Office of the Municipal People’s Government for retransmission. The Government and all departments thereof shall accelerate the network application progress in handling of official business, thus increasing the efficiency on handling of official documents. 

Article 11 Discipline and Style

Article 54 The members of the Municipal People’s Department shall firmly carry out the lines, principles, policies and work arrangements of advocated by the Party and the State, and shall strictly observe the disciplines in practice. 

Article 55 The members of the Municipal People's Department shall firmly carry out the decisions advocated by the Municipal People’s Government. In case of any difference in opinion, such different opinions can be raised within the Municipal People’s Government. And the members shall not have any expression of opinions or any behaviors that violates the decisions made by the Municipal People’s Government before the effective of new decisions; any speeches or articles made or published on behalf of the Municipal People’s Government, or speeches or articles made or published on behalf of the individuals and which have not been discussed and decided by the Municipal People’s Government, such speeches or articles shall be approved by the Municipal People’s Government in advance.

Article 56 In case the departments of the Municipal People’s Government release the information of affairs that closely relate to the interests of the masses, the important issues on economic and social development and the important work arrangements of the government, such information and major issues shall be reported to the Municipal People’s Government in time.

Article 57 All departments shall strictly execute the System on Request for Instructions, and the following affairs must be reported to the Municipal People’s Government for instructions:

 (I) Formulation and issuance of major policies and reform measures concerning the whole city;

 (II) Arrangements and uses of special funds and government funds;

 (III) Issues involving organs, establishment and personnel matters;

 (IV) Disposal of large sums of state-owned assets and guarantee with state-owned assets;

 (V) Major projects and affairs to be reported to the ministries and commissions of the state, the Provincial Government and all departments of the Provincial Government; and

 (VI) The issues in relation to the vital interests of the masses and the social stability.

Article 58 The members of the Municipal People’s Government shall strictly observe the disciplines concerning the confidentiality and foreign affairs, strictly prohibit from divulging the state secrets, work secrets or commercial secrets gained by performance of power and responsibilities, etc., and shall firmly uphold the safety, honor and interests of the state.

Article 59 The members of the Municipal People’s Government shall be the examples for others. The Municipal People’s Government and all departments thereof shall establish learning organs.

Article 60 The leaders of the Municipal People’s Government shall go down to the grass-roots units for investigation, research and instruction, so as to solve the practical issues. The leaders shall reduce the number of the retinue, so as to simplify the reception and to travel light with few attendants when going down to the grass-roots units; and shall not arrange the local responsible leaders to usher in and out at the boundary of the administrative area.

Article 61 Generally, the leaders of the Municipal People’s Government shall not send any congratulatory letters, congratulatory message or offer inscriptions for relevant departments or local meeting activities. In case of it is necessary for special conditions, such congratulatory letters, congratulatory message or inscriptions shall not be published publicly.

Article 62 The communications and reports of the domestic affairs concerning the leaders of the Municipal People’s Government shall be controlled strictly. Major meetings and activities of great significance organized or approved by the Municipal People’s Government shall be communicated and reported in accordance with the approved schemes. Where the leaders of the Municipal People’s Government go down to the grass-roots units for investigation and research, which is necessary to be reported, such activity shall be handled according to relevant regulations.

Article 63 In case that the Deputy Mayors or the Secretary General leaves away from Nanchang for some reasons, they shall report the same to the Mayor in advance, and shall inform such relevant information as time, destination and contact ways, etc. to the General Office of the Municipal People’s Government, which shall be in turn informed to other leaders of the Municipal People’s Government by the General Office of the Municipal People’s Government.

In case the Secretary General or the major responsible leaders of the departments leave away from Nanchang, they shall report the same to the leaders with specific duties of the Municipal People’s Government and to the General Office of the Municipal People’s Government.

Article 64 The regulations are applicable to agencies, working organizations and departments and institutions directly under the Municipal People’s Government.

 



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