Archived(May 31, 2018)
(adopted by the 30th meeting of the Executive Committee of the Fourth Shenzhen Municipal People’s Government, promulgated by Decree No.155 of Shenzhen Municipal People’s Government on June 27, 2006)
Chapter One General Principles
Article 1 In order to make the decisions of municipal government scientific, democratic and normative, further standardize the procedures of the meeting of Executive Committee of Shenzhen Municipal Government (hereinafter referred to as the executive meeting), these Rules are formulated according to the provision of relevant national laws and regulations, in combination of the actual working circumstance of Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government).
Article 2 The executive meeting shall be the decision-making meeting which is hold to deliberate and make decisions on the important matters in the work of municipal government. The leading officials’ responsibility system shall be carried out in the executive meeting.
Article 3 The executive meeting shall be composed of the mayor, vice mayors and secretary-generals, and shall be convened and presided by the mayor. When necessary, the mayor may entrust the executive mayor in convening and presiding the meeting.
Article 4 The General Office of Shenzhen Municipal People’s Government (hereinafter referred to as the general office) shall take charge of the meeting affairs of the executive meeting.
Chapter Two Topics for Deliberation in the Meeting
Article 5 The following matters shall be deliberated in the executive meeting:
1. the drafts of regulations, the rules of municipal government and the important normative documents;
2. the planning of national economy and social development of the whole city, the annual plan and the important project which is invested by government;
3. the revolution, innovation and important policies and measures involving economy administration and social administration;
4. the financial budgets, financial final accounts, and important arrangement of financial funds;
5. the city overall planning, construction planning in the near future and its annual implementation plan, plans for using lands and important special planning;
6. the allocation of important resources, social distribution and adjustment, and the important matters concerning disposing state-owned property;
7. the matters which shall be examined and approved by the municipal government, such as assigning land, reducing and remitting land price;
8. other important matters which shall be decided by the executive meeting in the mayor’s consideration.
Article 6 The following matters shall not be deliberated in the executive meeting:
1. the matters which can be handled independently by the mayor, vice mayor or secretary-general according to the authority division;
2. the matters which shall be decided by a district government or a working department of the municipal government according to law;
3. the matters which fails to go through the formalities of soliciting opinions, publication, expert consultation and demonstration or pre-coordination in violation of these Rules.
Article 7 A topic which needs to be deliberated in the executive meeting shall be submitted by a district government, a working department of the municipal government or a directly affiliated institution of the municipal government through a vice mayor after being approved by the mayor or the executive mayor.
A state-owned enterprise affiliated to the municipal government shall submit a topic to the executive meeting through the municipal supervisory and managerial organ of state-owned property if it needs. A public institution or an inner institution of a department directly affiliated to the municipal government shall submit a topic to the executive meeting through its administrative competent department if it needs.
Article 8 Before a topic of the executive meeting is submitted to the municipal government for examination and approval, the responsible unit shall fulfill the following formalities, such as soliciting opinions, carrying out consultation and demonstration jointly with relevant departments.
1. the responsible unit shall solicit opinions from every district government and relevant departments of the municipal government according to the content involved in the topic, and solicit opinions from deputies to the people’s congress and members of political consultative conference if necessary. If the topic involves the matter of increasing financial expenditure or adding a new expenditure item, the opinions of the municipal department of finance shall be solicited. If the topic involves the matter of institutional establishment, the opinions of the municipal department of institution and establishment shall be solicited. If the opinions of district governments and departments diverge greatly, the vice mayor in charge of the matter or his entrusted secretary-general or assistant secretary-general shall convene a working meeting of the municipal government to coordinate the opinions.
2. if the topic involves a matter closely relating to the interests of citizens, such as the matter of city planning, city transportation, ecological environment protection, culture, education, medical treatment, sanitation and public service price adjustment, the responsible unit shall make the topic public by the municipal government information website or other media, or hold a hearing to solicit opinions from all circles of the society and the citizens according to relevant provisions.
3. if the topic involves a specialized or technical subject, such as the planning of economic and social development, city planning, industry development, important revolution measures, allocation of important resources and important governmental construction project, the responsible unit shall organize experts to provide consultation and demonstration according to relevant provisions.
4. if the topic involves a legal issue, the municipal office of legal affairs shall carry out legal examination to the topic and issue written opinions. The municipal office of legal affairs shall examine the issues on whether the topic conflicts with the provisions of law, regulations or rules, whether the topic is consistent with the current policies, whether the topic satisfies the requirements of international usage and whether there is any improper problem.
Article 9 Before a topic is submitted to the executive meeting for deliberation, the responsible unit shall submit the relevant materials, such as the texts of the topic to be discussed in the meeting, as required by the general office, which include:
1. the formal text of the topic to be submitted for deliberation, such as the instruction request, the report, and the proposal of municipal government, draft of rules, draft of normative document or decision which is drafted by the responsible unit for substitution.
2. relevant explanations of the topic, including the statements of necessity, making progress, main content, main basis of law and policy, reasonableness, feasibility, appraisal and analysis on the effect to the economy and society which may be caused by the measures to be adopted in future, progress and result of soliciting opinions from all district governments and units, expert demonstration and the progress and result of soliciting opinions from the public.
3. relevant annex of the topic, including:
(1) the legal examination opinions and the report of expert demonstration;
(2) the statements of the progress and result of soliciting opinions from enterprises and citizens openly;
(3) the statement of the progress and result of soliciting opinions from relevant departments and district governments;
(4) relevant basis of law and policy;
(5) other materials having great reference value to decision making.
Article 10 If the texts and materials of the topic submitted by the responsible unit satisfy the stipulated requirements after the general office conducting an examination, they shall be listed as the deliberation materials of the executive meeting after being approved by the secretary-general of municipal government.
Article 11 If the general office regards the submitted materials as disqualified, it shall inform the submitting organ to make correction or return the materials in time.
Chapter Three Convening the Meeting
Article 12 The executive meeting shall be convened once a week as a general rule. The mayor may decide to convene a temporary executive meeting if necessary.
Article 13 The general office shall draft an agenda for the next executive meeting 3 days before the convening according to the importance and urgency of the topics. The arrangement shall be examined by the secretary-general, and be submitted for determination to the mayor or the executive mayor entrusted by him.
Article 14 The executive meeting may only be convened when more than half members attend the meeting. If a member or a person designated to attend as an observer can not attend the executive meeting for some reason, he shall ask for leave to the mayor.
If a member of the executive meeting can not attend the meeting for some reason, he may entrust an assistant secretary-general in issuing opinions or issue written opinions.
The assistant secretary-generals, the main officials in charge of the department of development and revolution, supervision, finance and legal affairs shall attend the executive meeting as observers as a general rule.
Article 15 When an important topic is deliberated in the executive meeting, the person in charge of the relevant department shall be present. If the person in charge can not attend the meeting because of going on a business trip or visiting a foreign country, he may issue his opinions in writing if it is required to make a decision on the topic within a limited time.
Article 16 The general office shall arrange the person in charge of the relevant unit to attend the executive meeting as an observer according to the content of topic. The observer shall participate in the deliberation of the relevant topic, and issue his opinions or make explanations on relevant questions with the consent of the chairman.
As a general rule, an observer in the executive meeting may not issue different opinions from the final written opinions submitted previously by his unit, and shall explain the reason if it is necessary to issue different opinions.
Article 17 The general office shall be responsible for preparing, making and delivering the materials and notices of the executive meeting, and shall serve them to every person who attends or observes the meeting 1 day before the convening.
Chapter Four Decisions Made by the Meeting
Article 18 Every person composing the executive meeting may fully issue his opinions. Every observer of the executive meeting may issue his opinions in combination with the working functions and duties of his department. According to the principle of leading official bearing responsibility, the mayor or his entrusted executive mayor shall make the decision of adopting, adopting in principle, not adopting or other decision on the basis of fully hearing the opinions from all attendants.
Article 19 If a topic deliberated in the executive meeting is under any one of the following circumstances, the mayor shall make the decision of not adopting or suspend to make a decision:
1. an important content of the topic is not demonstrated sufficiently or is omitted thus a new demonstration is required to be organized.
2. the opinions of all parties diverge greatly thus requiring further consultation and coordination.
3. other circumstances under which it is not suitable to make a decision immediately.
Article 20 The record of executive meeting shall record the deliberations and the final decisions completely and in detail, and shall record the different opinions. The general office shall draft a summary of minutes according to the record, and submit the summary for signing and issuing to the mayor or his entrusted executive mayor after being examined by the secretary-general.
The general office shall well keep the record and sound recording of the executive meeting for future reference.
Article 21 The summary of minutes of the executive meeting shall be the inner document for the departments of the municipal government and all district governments to implement the decision made by the meeting, and shall not be used as a direct basis to commit an external administrative activity. The department of legal affairs shall hold the pass if the content of summary involves legal affairs.
Article 22 If a decision made by the executive meeting is suitable to be publicized, it shall be reported by news media in time.
Article 23 All district governments, and all working departments of the municipal government shall earnestly fulfill the tasks assigned by the executive meeting. In normal situation, a task assigned by the executive meeting shall be fulfilled within a month. The progress and result of fulfillment shall be feedback to the general office in time. If the fulfillment period needs to be prolonged under special circumstances, the district government or working department of the municipal government shall report the situation to the general office in advance.
Article 24 The general office shall strength the check and supervision to the fulfillment of decisions made by the executive meeting, gather the fulfillment information and report them to the leaders of municipal government regularly.
Chapter Five Supplementary Provisions
Article 25 The general office may make detailed implementation measures according to these Rules.
附件下载: