Provisions on Major Administrative Decision-making Procedures of Dalian Municipality (hereinafter referred to as the Provisions) has been deliberated and adopted at the 54th Executive Meeting of the 16th Dalian Municipal People’s Government on August 2, 2019, and shall come into force as of September 1, 2019. The relevant contents of the Provisions are interpreted as follows:
I. Background to the revision of the Provisions
In May this year, the State Council promulgated the Provisional Regulations on Major Administrative Decision-making Procedures (hereinafter referred to as the Regulations), which stipulates the scope and procedures of major administrative decisions. In order to implement the Regulations of the State Council and effectively link up with the existing relevant systems of major administrative decision-making in our city, it is very necessary to formulate the Provisions, especially in light of the needs of this year’s demonstration of the construction of a rule-of-law government.
II. Main Contents of the Provisions
The Provisions, consisting of 6 chapters and 45 articles, mainly includes the following contents:
(i) Defining the scope of major administrative decision-making items
The Provisions specifies the scope of major administrative decision-making matters, including major public policies and measures in the areas of public services, market supervision, social management and environmental protection; important planning in the areas of economic and social development; major public policies and measures for the development, utilization and protection of important natural and cultural resources; major public construction projects; and other major issues that have a major impact on economic and social development and involve major public interests or the vital interests of the public.
In order to further clarify the major administrative decision-making items of Dalian municipal government in 2019, Dalian Bureau of Justice, on the basis of fully soliciting the opinions of the district and county governments (the pilot district administrative committee) and various departments of Dalian municipal government, has compiled the Catalogue, which identifies five major administrative decision-making items of Dalian municipal government. The Catalogue shall be adjusted dynamically, and Dalian municipal government may make corresponding adjustments to the Catalogue according to the working conditions. Due to the relatively late determination of the regulations of the State Council and the targets for establishing a model government under the rule of law, as well as the impact of institutional reform, the work of compiling the Catalogue was relatively late this year. Next year, the 2020 catalogue will be launched as soon as possible.
(ii) Principles for decision-making
The Provisions clearly stipulates that major administrative decisions shall be made in accordance with the four principles of the Party’s leadership, science, democracy, and law. The Party’s leading principles are mainly embodied in the following aspects: the Party’s line, principles, policies and decision-making arrangements should be fully implemented in major administrative decisions; the catalogue of major administrative decision-making items should be approved by the Party committee; and the system of requesting instructions and reports from the Party committee on major issues should be strictly implemented. The scientific principles mainly require the implementation of the development concept of innovation, coordination, greenness, openness and sharing; the principle of democracy mainly requires that we should fully listen to the opinions of all parties and ensure the participation of the masses in decision-making. The principle of law mainly requires that the subject, procedure and content of decision-making comply with the law.
(iii) Procedures for decision-making
In order to ensure the scientificity, democracy and legality of the city’s major administrative decisions, the Provisions clarifies the procedures of public participation, expert argumentation, risk assessment, legality review and collective discussion and decision on major administrative decisions, and makes specific provisions on how to operate the procedures.
The Provisions is an important measure to implement Provisional Regulations on Major Administrative Decision-making Procedures of the State Council, which can effectively enhance the credibility and executive power of the government, and is of great significance to comprehensively promote the construction of a government ruled by law, and to realize scientific, democratic and legal decision-making.