DALIAN CHINA  DALIAN CHINA
Measures for Assessing the Risk of Social Stability in Major Administrative Decisions of Dalian City ( Government Decree No. 156 )
2019-01-17

Decree of Dalian Municipal People's Government
No. 156

"Measures for Social Stability Risk Assessment of Major Administrative Decisions in Dalian" has been adopted at the 29th Executive Meeting of the 16th Dalian Municipal People's Government on December 13, 2018. It is hereby promulgated and shall come into force as of February 1, 2019.

                                                                                                                                                                                                                                                                               Mayor: Tan Chengxu
                                                                                                                                                                                                                                                                               December 21, 2018
Social Stability of Major Administrative Decisions in Dalian
Risk Assessment Method

Article 1, These Measures are formulated in accordance with the relevant national and provincial regulations and in combination with the actual situation in our city in order to standardize the social stability risk assessment of major administrative decisions, promote scientific and democratic decision-making by administrative organs according to law, and safeguard the fundamental interests of the people.

Article 2, The term "social stability risk assessment of major administrative decisions" (hereinafter referred to as " social stability risk assessment") as mentioned in these Measures refers to the acts of administrative organs to identify, analyze and prevent social stability risk factors that may be caused by major administrative decisions by using scientific, systematic and standardized assessment methods in accordance with their statutory powers and procedures.

Article 3, These Measures shall apply to the social stability risk assessment of the matters identified in the catalogue of major administrative decision-making matters published by Dalian Municipal People's Government and its working departments.  Except as otherwise provided by laws and regulations.

Article 4, The risk assessment of social stability shall follow the principles of science, legality, openness and fairness, unity of powers and responsibilities and overall consideration.

Article 5, Social stability risk assessment funds and assessment funds shall be included in the budgets of the main assessment departments to be guaranteed.

The social stability risk assessment is included in the assessment of the municipal people's government according to law.

Article 6, The main body of social stability risk assessment can be divided into decision-making subject, evaluation subject and implementation subject.

The Municipal People's Government and its departments that make major administrative decisions are the decision-making bodies.

The undertaking department of major administrative decision-making matters determined in the catalogue of major administrative decision-making matters published by the Municipal People's government, and the municipal people's government department that published the catalogue of major administrative decision-making matters of its own department are the evaluation subjects. If the decision-making matters involve multiple undertaking departments, the undertaking department responsible for taking the lead is the evaluation subject.

The municipal people's government departments, district (city) and county people's governments or other organizations that are specifically responsible for organizing the implementation of major administrative decisions are the implementation subjects.

 

Article 7, Decision - making bodies, assessment bodies and implementation bodies shall carry out social stability risk assessment in accordance with the division of labor prescribed in these Measures.

Relevant departments involved in major administrative decisions shall, in accordance with their respective functions and duties, cooperate in carrying out social stability risk assessment, provide relevant information on social stability risk assessment, and truthfully explain the social stability risks that may arise from the implementation of major administrative decisions.

Article 8, Evaluation subjects shall set evaluation indexes scientifically and normatively in accordance with relevant regulations.

Article 9, Contents of Social Stability Risk Assessment:
(1) Legitimacy, mainly has the decision-making body, decision-making authority, decision-making procedures, decision-making content is in accordance with the relevant laws, regulations and policies;

(2) Rationality, mainly including whether the social benefits, economic benefits and ecological benefits of the decision-making matters conform to the people's realistic interests, long-term interests and legitimate rights and interests;

(3) The feasibility mainly includes whether the implementation plan, material conditions and timing of the decision-making matters are thorough and mature, meet the development needs of regions and industries, and receive the support of the majority of the people;

(4) Controllability, mainly including whether there are hidden dangers of national security and public safety in decision-making matters, preventive measures for risk factors of social stability and relevant information on emergency response plans.

Article 10, Social stability risk assessment shall be carried out in accordance with the following procedures:
( 1 ) To determine the major administrative decision-making matters that need to be evaluated;

( 2 ) Formulating an evaluation plan;

( 3 ) To solicit in writing the opinions of relevant departments of the municipal petition, finance, public security, safety supervision, environmental protection, planning and other relevant departments on decision-making matters, and to solicit public opinions through the media and government websites;

( 4 ) According to the actual situation to take access to documents, field surveys, questionnaires, seminars, hearings, demonstration meetings, written special consultation and other ways to collect relevant information;

( 5 ) According to the collected information and feedback, identify and analyze the risk factors of social stability, and determine the risk points and sources of major administrative decisions;

( 6 ) Formulating preventive measures and emergency response plans;

( 7 ) Determine the risk level according to the identified risk points, risk sources and preventive measures, and in comparison with the evaluation indexes, and in accordance with the three categories of high risk, medium risk and low risk;

( 8 ) The preparation of social stability risk assessment report.

Public solicitation of public opinions should be carried out in the city's mainstream media and websites for not less than 10 working days.  The number of representatives of interest-related enterprises and the masses participating in symposiums and demonstration meetings shall not be less than 3 / 5 of the total number of participants.  Experts and professional organizations participating in the demonstration shall sign or stamp their opinions on the demonstration.

Social stability risk assessment and environmental impact assessment information for major administrative decisions can be shared.

For major administrative decisions involving state secrets to carry out social stability risk assessment, the relevant state confidentiality provisions shall be observed.

Article 11, The social stability risk assessment report shall include the following contents:
( 1 ) the basic situation of major administrative decision-making matters;

( 2 ) the main body, method and process of social stability risk assessment;

( 3 ) the social parties to the major administrative decisions and the analysis of the risk of decision - making;

( 4 ) Risk points and sources of major administrative decisions;

( 5 ) Major administrative decision-making risk prevention and mitigation measures, as well as contingency plans and other content;

( 6 ) Risk levels of major administrative decisions.


The evaluation report shall be submitted by the evaluation subject to the decision-making organ, and shall go through the filing formalities in accordance with the regulations.

Article 12, The decision-making body shall, according to the social stability risk assessment report and in accordance with legal procedures, make decisions on the implementation, suspension or non-implementation of major administrative decision-making matters.

Article 13, The evaluation subject shall track the implementation of the decision-making during the implementation of the decision-making matters.  If it is found that all or part of the major decision-making objectives cannot be achieved due to social stability risks, it shall propose to the decision-making body to stop the implementation, suspend the implementation or amend the decision.

Article 14, When the implementer discovers that there are major social stability risk factors or social stability risk events during the implementation of decision-making matters, it shall properly handle them according to preventive measures and emergency response plans.  When preventive measures and contingency plans cannot be effectively resolved, the decision-making body shall make a timely decision to suspend or terminate the implementation.

Article 15, Suspended, not implemented or terminated the implementation of major administrative decisions, the decision-making body to make decisions should be in accordance with the provisions of these measures to re carry out social stability risk assessment.

Article 16, An assessment subject may entrust a third-party professional institution to provide social stability risk assessment services according to needs.

If the assessment subject entrusts a third-party professional institution to carry out social stability risk assessment, it shall, in accordance with laws, regulations, rules and relevant national and provincial regulations, determine the third-party professional institution through open and fair competition, and sign an entrustment contract.

The evaluation subject shall actively cooperate with the third-party professional institutions to carry out the evaluation work, and shall not interfere with and affect the formation of the evaluation conclusion.  The responsibility of the evaluation subject will not be transferred due to entrustment.

Article 17, The entrusted third-party professional organization shall maintain its independent status, adhere to the principles of seeking truth from facts, scientific responsibility and objective neutrality, ensure the quality of evaluation work, and provide objective, accurate and complete evaluation reports.

Article 18, Where a third-party professional institution is entrusted to carry out social stability risk assessment, the time limit for the third-party professional institution to carry out the assessment shall not be less than 30 days.

Article 19, Assessment subjects should establish social stability risk assessment files, and be responsible for the authenticity and accuracy of the files.

Article 20, If the decision-making body believes that major administrative decision-making matters are not directly related to the vital interests of the people and do not require social stability risk assessment, it may not perform the social stability risk assessment procedures as prescribed in these Measures.  The undertaking department shall explain the reasons for failing to perform the social stability risk assessment procedures in the drafting instructions of the major administrative decisions.

Article 21, Where the relevant laws, regulations or rules already provide for violations of the provisions of these measures, such provisions shall prevail.

Article 22, Decision-making bodies in violation of these measures, in any of the following circumstances, the higher authorities or supervisory organs shall be investigated for the responsibility of the directly responsible person in charge and the directly responsible person in accordance with the law;  Suspected of a crime, transferred to judicial organs shall be investigated for criminal responsibility according to law:

( 1 ) In violation of the provisions of article third of these measures, the social stability risk assessment has not been carried out before the major administrative decisions are made, resulting in serious consequences;

( 2 ) In violation of the provisions of article fourteenth of these measures, in the prevention measures and emergency response plans cannot effectively resolve the major social stability risk factors found in the implementation of decision-making matters or the occurrence of social stability risk events, the decision to suspend or terminate the implementation is not made in a timely manner;

( 3 ) In violation of the provisions of article fifteenth of these measures, the social stability risk assessment has not been re carried out when the major administrative decisions on the suspension, non-implementation or termination of the implementation are re - decided.

Article 23, Assessment subject in violation of these measures in any of the following circumstances, the higher authorities or supervisory organs shall be investigated for the responsibility of the directly responsible person in charge and other directly responsible personnel in accordance with the law;  Suspected of a crime, transferred to judicial organs shall be investigated for criminal responsibility according to law:
( 1 ) In violation of the provisions of article ninth and article tenth of these measures, the social stability risk assessment is not carried out in accordance with the provisions of these measures;

( 2 ) In violation of the provisions of article thirteenth of these measures, in the process of the implementation of major administrative decisions, it is found that all or part of the major decision-making objectives cannot be achieved due to the risk of social stability, and it is not timely put forward to the decision-making body to stop the implementation, suspend the implementation or amend the decision - making;

( 3 ) In violation of the provisions of article sixteenth of these measures, commissioned by the third party professional institutions to assess, not in accordance with the law in accordance with the rules of open and fair competition to determine the best, interfere with the formation of the impact assessment conclusion;

( 4 ) In the process of social stability risk assessment, favoritism, abuse of power, fraud.

Article 24, If the implementer violates the provisions of Article 14 of these Measures and finds that there are major social stability risk factors or social stability risk events during the implementation of major administrative decisions and fails to properly handle them according to preventive measures and emergency response plans, the directly responsible person in charge and the directly responsible personnel shall be investigated for their responsibilities according to law.  Suspected of a crime, transferred to judicial organs shall be investigated for criminal responsibility according to law.

Article 25, If experts and professional institutions participating in the assessment and demonstration of social stability risk resort to deceit and issue professional opinions that seriously violate scientific laws or objective facts, the assessment subject shall incorporate them into the integrity assessment records and publicly cancel their qualification for social stability risk assessment.

Article 26, If an entrusted third-party professional institution resorts to deception and issues false assessment conclusions in the process of social stability risk assessment, the administrative department of the third-party professional institution shall record the information of the professional institution and participants in the credit reporting system;  In case of social stability risk events, third-party professional institutions and participants shall not participate in the social stability risk assessment business within five years from the date of being recorded in the credit reporting system;  Suspected of a crime, transferred to judicial organs shall be investigated for criminal responsibility according to law.

Article 27, The risk assessment of major administrative decisions of the Municipal People's Government and its departments outside the list of major administrative decisions, major administrative decisions of the district (city ) and county people's governments and agencies dispatched by the Municipal People's Government shall be implemented with reference to these Measures.

Article 28, These Measures shall come into force as of February 1, 2019.