(Decree No. 208 of Shenzhen Municipal People's Government Promulgated on September 3, 2009)
Chapter One General Principles
Article 1 In order to standardize the supervision over administrative acts, coordinate the work of administrative supervision, strengthen the restriction on administrative power, increase the ability of administrative enforcement, promote the administration according to law, and construct a government ruled by law, these rules are formulated according to relevant laws and regulations, in combination with the actual circumstances of this Municipality.
Article 2 These rules shall be applicable to the municipal and district administrative organs, the organizations authorized by laws or regulations to administrate public affairs, the organizations entrusted by municipal or district administrative organs (hereinafter referred to as the administrative organs), and their staff.
Article 3 The term of administrative supervision mentioned in these rules refer to the acts of supervising, urging, inspecting and correcting which are committed, according to law, by the internal administrative supervision body of government to the administrative organs, and their main officials and other staff members, in order to judge whether their administrative acts are lawful and reasonable.
Article 4 Administrative supervision shall mainly include the following acts:
(1) to exercise administrative supervision over the administrative acts of drawing up normative documents committed by the administrative organs and their staff;
(2) to exercise administrative supervision over the administrative acts of administrative punishments, administrative examinations and approvals, administrative levies, administrative expropriations, administrative payments, administrative confirmations, administrative incentives, administrative decisions and administrative enforcements committed by the administrative organs and their staff;
(3) to exercise administrative supervision over the acts of managing and using financial fund committed by the administrative organs and their staff;
(4) to exercise administrative supervision over the administrative acts of personnel appointment, deposal and internal management committed by the administrative organs and their staff;
(5) to exercise administrative supervision over the administrative acts regarding honesty and diligence of the administrative organs and their staff;
(6) to exercise administrative supervision over other acts of duty performance of the administrative organs and their staff.
Article 5 The administrative supervision work shall follow the law and the principles of fairness, justice and openness, and shall be carried out with the combination of supervision, inspection and work improvement.
Article 6 The administrative supervision shall be carried out with external supervision. The administrative organs and their staff shall, in accordance with the law, accept external supervisions, such as the supervision of the Party, the supervision of people’s congress, the democratic supervision of political consultative conference, the judicial supervision and the social supervision.
Chapter Two Administrative Supervision Body
Article 7 The municipal people’s government shall lead and organize the implementation of administrative supervision within this Municipality.
The supervisory organ shall be responsible for coordinating, supervising and urging the government’s internal administrative supervision work, and for performing special supervision duties.
The organs which perform supervision duties inside the government(hereinafter referred to as the administrative supervision organs)，such as the organs in charge of finance, establishment, auditing, civil servant management, government legal affairs and government superintendence, and the other administrative organs shall, in accordance with the law, fulfill their respective duties of level supervision, function supervision or special supervision.
Article 8 Level supervision shall include:
(1) the supervision implemented by the municipal people’s government over district people's governments;
(2) the supervision implemented by the municipal or a district people's government over its subordinate administrative organs;
(3) the supervision implemented by a municipal or district administrative organ over its lower-level administrative organs;
(4) the supervision inside an administrative organ which is implemented by the upper level to the lower level.
Article 9 The level supervision duties of municipal and district people’s governments may be specifically performed by the organ of government’s legal affairs or the organ of government superintendence, besides being implemented by themselves.
Article 10 The organs in charge of finance, establishment and civil servant management shall exercise function supervision within their respective scope of duty.
Special supervision organs, such as the organs of supervisory and auditing, shall perform their duties according to law, and shall independently carry out the special supervision.
Article 11 The administrative supervision organs shall establish and perfect their supervision systems, improve supervision work procedures, perform supervision duties according to law, cooperate with each other, and carry out internal administrative supervision in government.
Article 12 The administrative organs shall establish and perfect working systems and internal supervision systems, strengthen internal supervision, detect and correct in time illegal or improper administrative acts committed by themselves and their staff.
Article 13 Every person engaged in administrative supervision work in an administrative supervision organ shall have professional knowledge and abilities required by his supervision work.
Article 14 During the implementation of administrative supervision, the administrative organs and their staff shall comply with the following provisions:
(1) not to step over the scope of supervision authorities or matters;
(2) not to abuse their authorities;
(3) not to take advantage of their official positions for personal interests;
(4) not to disclose state secrets or work secrets，and not to disclose business secrets or personal privacies obtained in the duty performance;
(5) have to withdraw when having any interest with the object under supervision or the matter of supervision and therefore disturbing the administrative supervision work;
(6) have to comply with other provisions in the administrative supervision according to law.
Chapter Three Coordination Mechanism of Administrative Supervision
Article 15 Administrative supervision organs shall establish communication and coordination mechanisms, integrate supervision forces, and strengthen the administrative supervision.
Administrative supervision organs shall establish and perfect mechanisms for coordinating, communicating and cooperating with external supervision organs.
Article 16 The joint meeting system shall be carried out in administrative supervision
The joint meeting of administrative supervision shall be convened by the supervisory organ every half a year. When there is an urgent or major working issue, the supervisory organ may suggest holding a temporary joint meeting.
The joint meeting of administrative supervision shall discuss major issues of administrative supervision, report working situations, exchange working information, analyze working trends and coordinate the work of administrative supervision.
Article 17 The information copy system shall be carried out in administrative supervision.
Administrative supervision organs shall in time send copies to relevant administrative supervision organs of their important information of administrative supervision work.
Article 18 The transferring system shall be carried out for dealing with administrative acts breaking laws or rules.
When suspecting an act breaking laws or rules in supervision work, the supervision organ shall deal with it according to law, and shall in time transfer it to another administrative supervision organ for handling if necessary. The department shall in time deal with the case transferred to it, may not shuffle its responsibilities, and shall inform the transferring department of the handling results in writing.
Article 19 the system of joint supervision and inspection shall be carried out.
Administrative supervision organs may carry out the joint supervision and inspection, deal with the problems found out in the work according to their respective duties, and search for problem solutions and preventive measures.
Article 20 The communication system shall be carried out between municipal and district administrative supervision organs.
The municipal administrative supervision organs shall strengthen the guidance to the district administrative supervision organs in administrative supervision work. The district administrative supervision organs shall regularly report their work to relevant municipal administrative supervision organs.
The district administrative supervision organs shall cooperate with the municipal administrative supervision organs to carry out supervision over the institutions which are stationed in districts and under the vertical management of municipal administrative organs, and shall report their problems to relevant municipal administrative supervision organs.
Article 21 For the administrative supervision matter assigned by the people’s congress or the political consultative conference, or transferred by a judicial organ, the administrative supervision organ undertaking the matter shall in time carry out investigation and deal with it according to law, and inform the people’s congress, the political consultative conference or the judicial organ of the handling results in writing according to the prescribed procedures.
Article 22 Citizens, legal persons and other organizations in the role of administrative supervision should be encouraged, supported and protected, Administrative supervision organs shall, according to law, safeguard the rights of citizens, legal persons and other organizations to impeach, indict and criticize an administrative organ or its staff and to propose advices.
Article 23 Administrative supervision organs shall establish and perfect the system to investigate and handle the affairs exposed by news media and the system to publicize the results of supervision, investigation and handling. The administrative supervision organs shall investigate for verification the major problems of administrative organs and their staff which are exposed or reported by news media, or urge relevant administrative organs to carry out the investigation for verification, and shall in time make handling decisions, and publicize the handling results to the society.
Chapter Four Means of Administrative Supervision
Article 24 Administrative supervision organs shall continually bring forth new methods of administrative supervision, and carry out supervision work actively.
Article 25 Administrative supervision shall be carried out by the following methods:
(1) carrying out examinations or investigations;
(2) carrying out the electronic administrative supervision;
(3) carrying out the government achievement appraisal;
(4) carrying out the assessment;
(5) carrying out the examination and appraisal to the work of constructing a government under the rule of law;
(6) handling cases of the administrative reconsideration;
(7) carrying out the examination to administrative systems;
(8) carrying out the investigation for administrative responsibilities;
(9) other methods stipulated by laws, regulations or rules.
Article 26 Inspection or investigation refers to the following methods:
(1) carrying out the inspection to administrative acts;
(2) carrying out the special superintendence;
(3) carrying out the investigation into major cases or special investigation;
(4) carrying out the investigation into illegal or improper administrative acts;
(5) other methods stipulated by laws, regulations or rules.
Article 27 The municipal government shall establish and perfect the online system for examination and approval, feedback of law-enforcement, public service, transaction of public resources and supervision to achieve real-time electronic supervision, superintendence and handling.
Article 28 The municipal government shall strengthen the management to government achievements, optimize the indicator system for appraising government achievements, improve the methods for appraising government achievements, strengthen the application of the appraising results of government achievements, and promote the constant improvement of government achievements.
Article 29 The assessment refers to:
(1) the annual and ordinary assessments to civil servants;
(2) the appraisal and assessments of administrative law enforcement.
Article 30 Examination to administrative systems refers to:
(1) the recording and examination of normative documents;
(2) the examination to the working systems and procedures of administrative organs.
Article 31 Administrative supervision organs shall summarize and analyze the problems found in the supervision work, in order to sort out general problems, analyze the causes and put forward solutions, and shall guide and standardize the administration work.
Chapter Five Handling illegal and improper administrative acts
Article 32 Administrative organs shall correct their illegal and improper administrative acts by themselves upon discovery.
If an administrative supervision organ finds out an illegal or improper administrative act of any administrative organ, and verifies its authenticity, it shall make a handling decision according to the provisions of Article 33 of these rules. If it is required to perform its duties in the handling decision, the relevant administrative organ shall in time perform its duties and report its performing results to the administrative supervision organ.
Article 33 The illegal and improper administrative acts shall be handled by the following methods:
(1) ordering the administrative organ to fulfill duties within a time limit;
(2) ordering the administrative organ to make corrections;
(3) changing the illegal or improper acts;
(4) rescinding the illegal or improper acts;
(5) confirming the illegal or improper acts as illegal;
(6) confirming the illegal or improper acts as invalid;
(7) other methods stipulated by laws, regulations or rules.
Article 34 Administrative supervision organs shall establish statistical systems for illegal and improper administrative acts, and make statistics and use it as the basis of supervision work such as assessment and appraisal.
Article 35 If an administrative supervision organ finds out imperfect system or management in the process of supervision, it shall in time provide correcting advices to the administrative organ with the problem, and shall carry out the follow-up supervision over its correction. The administrative organ shall adopt the advices unless it has proper reasons.
Chapter Six Responsibility investigation
Article 36 If an administrative organ or its staff member commits an illegal or improper administrative act, it or they shall be investigated for administrative responsibilities in accordance with the provisions of the Regulations for Punishing Public Servants in Administrative Organs, the Measures of Shenzhen Municipality on Investigating Responsibilities into Administrative Faults, and the Interim Measures on Investigating Responsibilities into the Administrative Head of Department of Shenzhen Municipal People’s Government. .
Article 37 The administrative organ and its staff that accept the supervision shall be investigated for administrative responsibilities according to law in any one of the following circumstances:
(1) refusing or obstructing the supervision or inspection;
(2) refusing to implement the handling decision made by an administrative supervision organ;
(3) refusing to fulfill the recommending measures without proper reasons;
(4) other circumstances where supervision rules are violated and thus responsibilities shall be investigated for.
Article 38 The administrative supervision organ and its staff shall be investigated for administrative responsibilities according to law in any one of the following circumstances in administrative supervision:
(1) refusing to fulfill its due administrative supervision duties, or delaying in the fulfillment without proper reasons;
(2) failing to fulfill its supervision duties according to prescribed authorities, methods or procedures;
(3) causing serious consequences because of not implementing the joint meeting system, the information copy system， the transferring system for dealing with administrative acts breaking laws or rules, or other coordination system of administrative supervision;
(4) carrying out the supervision beyond the scope of supervision authorities or matters;
(5) taking advantage of the official positions for personal dealings in administrative supervision;
(6) practicing favoritism, committing irregularities, neglecting duties or malpracticing duties during the process of supervision;
(7) disclosing any state secret, work secret, or commercial secret or personal privacy of the supervision object;
(8) other circumstances where supervision rules are violated and thus responsibilities shall be investigated for.
Article 39 If an administrative organ or its staff member refuses to accept a decision of responsibility investigation, it or they may file a complaint according to legal procedures.
Article 40 If a staff member of administrative organ is suspected to commit a crime because of his illegal or improper administrative act, he shall be transferred to the judicial organ for handling.
Chapter Seven Supplementary Articles
Article 41 Where laws, regulations or rules provide otherwise on the administrative supervision, such provisions shall prevail.
Article 42 For the person appointed by an administrative organ of this Municipality, and the work in an enterprise, public institution or social group, these rules shall be taken as reference. .
Article 43 These rules shall enter into effect as of November 1, 2009.
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