RULES&LAWS
RULES&LAWS
Notice of Chengdu Municipal Government on Promulgation of the 2nd Five-year Plan of City of Chengdu
The governments of all districts (cities) and counties, and all departments of the Municipal Government,The 2nd Five-year Plan of City of Chengdu on the Administration by Law （）has been approved by the municipal government, and is hereby promulgated to you for your compliance and implementation.& & 　　　　　　　　　　　　　　　　　　　　　　 March 12, 2009&&&&&&&&&&&&&&&&&& The 2nd Five-year Plan of City of Chengdu on the Administration by Law（）This Plan is made in light of the actual situation of our city to implement the Outline of the State Council for promoting the Administration by Law in an all-round way (hereinafter referred to as OUTLINE), Decision of the State Council on Strengthening the Administration by Law in the Municipal and County Governments (hereinafter referred to as DECISIONS) and Opinions of Sichuan Provincial Government on Implementing Decision of the State Council on Strengthening the Administration by Law in the Municipal and County Governments(No. 31〔2008〕of Sichuan Provincial Government) (hereinafter referred to as IMPLEMENTING OPINIONS)， carry out the basic strategy of governing the country according to law, promote the administration by law in our city in an all-round way, and accelerate the development of the government ruled by law.I. General RequirementsTo follow the guidance of Deng Xiaoping Theory and the important thought of Three Represents, adopt& the Scientific Outlook on Development, and implement all provisions of OUTLINE, DECISIONS and IMPLEMENTING OPINIONS in an all-round way, we shall, in the main, fulfill the requirements with efforts for lawful administration, rational administration, due process, high efficiency and convenience to people, integrity and good faith, and balance of powers and liability in the work of the administration by law in our city for the coming three years, and further consolidate and deepen the achievements of the work hereof& for the next two years.II. Main Contentsi.Enhance the competence for the administration by law A. Improve a law-training programme among leading caders. Leading caders shall take the lead in learning laws, heightening their awareness of the importance of the administration by law and handling governmental affairs according to law, and consciously deal with all kinds of contradictions and problems by the means of law. Improve a law-training programme at government executive meetings，a programme of lectrures on law and a concentrated training programme, and ensure the “implementation in five respects” as plan, content, time, personnel and effect.& B. Strengthen the assessment and test of legal knowledge which leading caders are to take prior to taking their positions. The assessment of the caders to taking the leading posts in governments of districts (cities) and counties and municipal government departments in their exercise of the administration by law shall be made and test of their relevant legal knowledge shall be held. The results of the assessment and test shall serve as a basis for their competency in assuming the corresponding posts.
C. Intensify& training courses of legal knowledge for the staff members of administrative organs. Self-study and concentrated training courses shall be combined with, and arrangements for staff members of administrative organs to learn general knowledge of law and knowledge on certain branches of law related to their own jobs shall be made. we shall focus on strengthening training courses of legal knowledge for the person conducting adminstrative law-enforement，and those can take up to conduct law-enforcement on the condition that they have pass the test and acquired administrative law-enforcement certificate. Those conducting law-enforcement shall join in the training courses of legal knowledge for no less than seven days per annum.ii.Transform Government FunctionsD.Accelerate administrative restructuring. We shall have government departments, public institutions and their subordinate departments structured according to law, scientific and rational manner, standardize according to law the functions and duties of administrative departments, specify their respective sizes of personnel so as to ensure that the structures and sizes of government to be& scientific, standardized and legalized. We shall delegate according to law administrative powers to small cities and towns where the economy develops rapidly and their ability of attracting population is strong regarding to the areas such as economic development and social management.E.Intensify public service functions。Heighten the awareness of importance of public service, increase and expand the contents and products of such service, extend the channel of such service，simplify the procedure for such service, reduce cost in this area, promote the transformation of governments at various levels and their subordinate departments from controlled-oriented into service-oriented ones. Lay emphasis on the building of public service at county level and improve the systems of supply in different categories with public service at county level and social management, overall construction, funding and the human resources mechanism.& F. Deepen the reform of administrative examination and approval procedure. Sort out and reduce the number of matters requiring administrative examination and approval. Improve supporting systems such as examination and demonstration, evaluation, follow-up supervision and accountability of such matter. Promote the administrative examination and approval procedure and the building of standardized service of government affairs. Improve a system of the examination and approval to be handled jointly by relevant departments, optimize administrative examination and approval process, create service modes of such approval, expand the service channel, and spread the practice in which matters requiring such approval shall be applied, accepted, handled and inquired via internet.G. Bring under regulation and reduce administrative charges. Sort out items of administration charges and make the content of such items known to the public regularly. Cancel items subject to administrative charge for the matters requiring administrative examination and approval with no basis of laws and administrative regulations and items subject to administrative charge unreasonable and cut the charge standard of necessary items of such charges down properly and ensure to reduce the burdens on citizens, legal persons and other organizations especially all kinds of erterprises. Prevent and stop acts that transform charges of administrative organ to& charges of public institutions or transform administrative charges to business operational charges.H.Improve public finance system. Gradually increase fiscal expenditures for public service and public welfare undertaking especially for infrastructure in rural areas and the development of social programs。Strengthen departmental budgets management, promote overall appropriation and standardized use of finance funds and increase the efficacy of their use. Improve unified system between urban and rural area of social insurance system including the endowment, work-related injuries, medical, unemployment, and child-bearing insurance.I.Strongly promote government information transparency. Establish and improve a web-paged, open and transparent mechanism for administrative licensing&& administrative charge, administrative compulsory measure, administrative penalty and other administrative powers. Improve systems for assessment，evaluation and accountability in the exercise of government information transparency to guarantee the people's right to be informed, to participate, to be heard, and to oversee.J. Improve the government credibility building. Improve a service commitment system of governments and their subordinate departments, carry out all programmes for commitments. Strengthen the credibility building in government procurement and contracts. Push forward proactively the building of social credibility system. Establish a compensation system for the ligitimate rights and interests of citizens, legal persons and other organisations suffered direct losses due to government breaking faith or breaching of contacts.K．Improve mechanism for emergency management. Improve further a sound mechanism for emergency management of sudden public affairs in order to effectively enhance the ability of government to handle properly emergencies and risks, and cope appropriately with all kinds of emergencies and maintain normal public order.& iii. Improve Scientific and Democratic Policy-Making Mechanism L.Improve the system of solicitation of opinions in making major administrative policy-making. Improve the rules and procedures for public participation in making decisions thereof, perfect the information and intelligence support system thereof, and increase the transparency and public participation threreof. Improve a system of soliciting comments from the public in making decisions threreof closely related to the interests of the people.M. Improve the hearing system for major administrative policy-making. We shall expand the applicable scope of hearing, standardize the hearing procedure, accept any reasonable comments raised in ahearing, and notified the hearing representatives in writing of the explanation and reasons on the comments therefrom, which shall be also made available to the public in an appropriate manner. N. Adhere to a system of legality examination of major administrative policy-making. Before making a major administrative policy-making, administrative organs shall submit it to a legal affairs institution for legality examination or organize experts to do so. No decision shall be made without undergoing or passing the legality examination.&O. Establish a post-evaluation system on the implementation of major administration policy-making. After the enter-into-force major administrative policy-making, we shall timely find and correct the problems existing in such decisions by means as random check, follow-up investigation or evaluation so as to reduce the losses caused by decision failures.P. Carry out an accountability system for policy-making. We must firmly stop and rectify policy-making acts which exceed the statutory limits of power or violate the statutory procedure. where any decision made without undergoing a required hearing, without undergoing the legality examination or passing the legality examination, without undergoing the collective deliberation or making necessary decisions according to law, the direct liable person for the decision, who neglects his duties or bungle the work, shall be investigated for the liability.& iv. Enhance the Quality of Institutional DevelopmentQ. Enhance the quality of government legislation. Proposal of drafts of local regulations and formulation of rules shall comply with the laws governing the economic，social development, and pressing needs for accelerating the reform and development. We shall lay emphasis on legislation regarding social administration and public service, properly deal with the relationship between government legislation and reform, paying attention to consistency between legislation decisions and reform decisions and to harmony between progress of legislation and of reform.R. Strictly define the authorities of formulation of regulatory documents and the procedures for promulgating such documents. Regulatory documents shall be formulated strictly in compliance with the statutory limits of power and procedures in accordance to laws, rules, regulations and policies. and shall not illegally create any administrative licensing, administrative penalty, administrative compulsory measure, administrative charge and other administrate powers, or illegally place more obligation on citizens, legal persons or other organizations. No regulatory document as a basis for administration shall be promulgated and be effective without undergoing the solicitation of comments and the legality examination, and making the subject matter known to the people.S.Set up a post-evaluation system on the implementation of rules and regulatory documents. After the entry-into-force of rules or regulatory documents, the formulating and implementing organ shall collect and assess comments and suggestions from all sides, and carry out evaluation of their implementation.T.Establish a system of sorting-out rules and regulatory documents on a regular basis. The formulating organ shall regularly sort out the rules and regulatory documents every two years and publish the content of regulatory documents remaining in force and to be abolished. The regulatory documents which are not listed therein shall not serve as a basis for administration. v．Strictly Enforce Administrative Laws.U.Deepen the reform of administrative law-enforcement system. We shall continue the work to relatively concentrate the power to impose administrative penalties and of the experimentation on comprehensive administrative law-enforcement. Establish and improve a coordination mechanism for disputes on administrative law-enforcement.&V. Improve finance support mechanism for administrative law-enforcement. The expenditures necessary for administrative organs to perform their statutory functions shall be guaranteed by a uniform governmental fiscal budget. The system of “two-channel management of receipts and disbursements” shall strictly be practiced. Administrative charges, fines and incomes from confiscation shall be turned over to finance departments in full. Prevent from determining disbursements by receipts or combining with them. Strictly prohibit any assignment of target of fine or confiscation directly or in a disguised form.W.Standardize Administrative Law-enforcement. Improve administrative law-enforcement procedures, and ensure administrative law-enforcement by clear step, detailed requirements and time-limit clearly defined. Improve a system of administrative penalties norm, standardizing the power of discretion for administrative penalties, detailing and quantifying the standard of administrative penalties. Explore effective channels and methods to standardize the power of discretion for administrative examination and approval. Improve a system for review and examination of administrative law-enforcement files. Set up a& supervision and examination system, improving a system for the files on& law-enforcement activities, such as imposition of administrative sanctions grant of administrative licensing, adoption of administrative compulsory measures and expropriation of administrative capture and appropriation,& and exerted greater efforts to correct the mistakes.X.Strengthen the building of human resources for administrative law-enforcement. The system for legality assessment for qualification of persons conducting administrative law-enforcement shall be applied. Improve a management system of the persons thereof, gradually set up an information-based management system for tpersons thereof, and apply a merit point system regarding to persons thereof to promote law-enforcement strictly, fairly and courteously.Y.Strengthen an accountability for administrative law-enforcement. Accomplish an accountability system for administrative law-enforcement, improve a assessment system to evaluate and assess law-enforcement organs and their officials in their& exercise of their power and performing their legal duties, strengthen to investigate for liabilities.vi. Improve an Administrative Supervision System.Z. Consciously accept social supervision. While Consciously accepting supervision by people’s congresses, democratic supervision by people’s consultative conferences and supervision by judicial organs, further broaden the channels for supervision by the press and public opinion and by the public.AA.Carry out a recording system for regulatory documents. Set up systems for accepting and dealing with suggestions by citizens, legal persons or other institutions。The recording organs shall strictly review& regulatory documents put on record, and ensure that all documents submitted are put on record, all documents put on record are reviewed and all errors discovered are corrected.BB.Improve systems of administrative review and responding to administrative lawsuits. Broaden accepting channels for administrative reconsideration to facilitate application herefor to the public. Create work methods, and use kinds of means of handling cases such as mediations, summary procedures and hearings to realize diversification in the methods for settling cases. Establish and improve a qualification system for subjects of administrative reconsideration. Ensure that the court shall carry out corresponding documents to administrative organs as” three proposals for one case” before the hearing of any administrative case in court, during the trial and after the trial.& vii. Enhance the self-governance capability of societyCC.Establish and improve a mechanism for effective connection and beneficial interaction between government administration and people’s self-governance at primary-level. Expand the scope of people’s self-governance at the primary level. Safeguard fully all rights of self-management, self-service, self-education and self-oversight enjoyed by the people at primary-level. Interventions in the affairs belonging to the scope of people’s self-governance at the primary level shall strictly be prohibited, and no requirement shall be assumed by the people’s self-governance organizations& for& any functions or duties which shall be exercised by the governments and their departments according to law.DD．Give play to the role of social organizations. Cultivate, standardize and manage social institutions according to the principal of ruling by law and give the functions and duties to social institutions where any affairs can be regulated and managed by society to realize the complete separation of social organization from administrative powers. Encourage and direct actively social organizations to participate in social management orderly and to provide public services.EE. Produce a favourable environment for the administration by law. We need to step up the education campaign to increase public awareness of law, and promote the spirit of the rule by law and promote to bring about a social environment where people study, abide by and apply laws consciously.III. Safeguard MeasuresFF. Strengthen leadership. All governments of districts (cities) and counties shall assume an overall responsibility for the administration by law. The executive heads shall conscientiously assume the responsibility as top heads of& local authorities, strengthen leadership over the work of those, and assure that all the requirements for the administration by law shall be accomplished in various sectorsand aspects of governmental work.GG. Scientific planning. All governments of districts (cities) and counties shall made specific measures in light of local situation, determining the priorities for different stages to promote the administration by law in a planned and step-by-step way, and making five-year plans and annual arrangements for impleminting of this Plans. HH．Implementation in a step-by-step way. We shall implement totally this Plan in three steps: The first step is to set up as Implementation in an all-round way from 2009 to 2010 to draft a system of index of government ruled by law, explore and establish the assessment standard in quantities for the building of government ruled by law and the index herein shall be made one of content for assessment for the government at various levels and their subordinate departments and their staff members. All the administrative organs shall promote the administration by law in an all-round way in the light of their plans and arrangements according to the provisions of DECISION. The second step is set up as check and acceptance in 2011.During this stage, municipal government shall check and conduct the acceptance regarding to the overall promotion of the administration by law of all governments of districts (cities) and counties and municipal go The third step is set out as consolidation and enhancement to further consolidate and deepen the achievements of the administration by law.II. Report on a regular basic. All governments of districts (cities) and counties shall report regularly on their promotion of the administration by law to the municipal government and to the people’s congresses at the corresponding levels. Governments at various levels and their departments shall rectify in time in accordance with the comments and suggestions from the people’s congresses at the corresponding levels and their standing committees and shall report correspondingly on the rectification. JJ.Enhance the building of legal affairs departments. Improve the building of legal affairs departments to realize the consistency between size of the institution, manning levels and work obligations. We shall enhance the training and funcions of cadres in government legal affairs departments, promote the communications among them , and give full scope to the enthusiasm and initiative of the cardres. The legal affairs departments and their staff members shall enhance effectively their awareness of the duty and mission, enhance their competence and quality of politic and work and their working abilities, give full play as making overall plans,& integration and coordination, supervision and instructing policy research and information exchange in promoting the administration by law.KK. Exercise a social assessment. Exercise a assessment by the public and a special assessment of the administrative organs at various levels and unit in their& exercise of functions of administrative power-enforcement& according to law, and gradual increase the content and scope of the social assessment, and the result of the assessment shall be made one of important indexes for the administration by law.&& LL. Strict assessment. Exercise of the administration by law shall be made into scope of targetassessment of governments at various levels, and increase the score ratio of the exercise hereof in the governmental target assessment Strictly exercise a assessment system for the administration by law, and establish and improve a assessment and examination system in which connect the assessment results hereof& with civil servant assessment, rewards and punishment and cardres appointment and dismissal. Set up a commending& syste on a regular basis, and municipal government and districts(cities) and counties shall commend and reward annually the advanced collectives on the administration by law within their respective jurisdictions.&&&&
　　From 2008, the formal administrative documents ,which have been examined and passed by the Executive Meeting of the Municipal Government or are in close relation with the economic development and foreign investment , will be translated into English
by relevant department of Chengdu in a united manner and will be proclaimed on relevant program on the English site of Chengdu public information net
in time for reference.}