The Provisions of the Wuhan Municipal People’s Government on Major Administrative Decision-making Procedures, adopted upon deliberation at the 125th executive meeting of the Wuhan Municipal People’s Government on July 27, 2020, are hereby promulgated for implementation as of October 1, 2020.
Zhou Xianwang, Mayor
August 15, 2020
Provisions of the Wuhan Municipal People’s Government on Major Administrative Decision-making Procedures
Chapter I General Provisions
Article 1 The Provisions of the Wuhan Municipal People’s Government on Major Administrative Decision-making Procedures (hereinafter referred to as the “Provisions”) are formulated in accordance with the Interim Regulations on Major Administrative Decision-making Procedures (Order of the State Council No. 713) and other laws and regulations and in combination with the actual conditions of Wuhan City in order to improve the scientific, democratic, and law-based decision-making mechanism of the Wuhan Municipal People’s Government, standardize major administrative decision-making procedures, enhance decision-making quality and efficiency, and clarify decision-making responsibilities.
Article 2 The Provisions shall apply to the procedures for making and adjusting major administrative decisions of the Wuhan Municipal People’s Government (hereinafter referred to as the “Municipal Government”).
Article 3 For the purpose of the Provisions, major administrative decision-making matters (hereinafter referred to as the “decision-making matters”) include the following:
1. Formulating major public policies and measures related to market regulation, public services, social management, and environmental protection;
2. Preparing and revising economic and social development plans and annual plans, municipal overall territorial spatial plans, and important special plans and regional plans determined by the Municipal Government;
3. Formulating major public policies and measures for the development, utilization, and protection of important natural and cultural resources;
4. Deciding on the government’s major investment and public construction projects;
5. Formulating or adjusting items and standards of administrative charges and government funds as well as pricing of important government-priced public utilities and public welfare services; and
6. Deciding on other major matters that have a major impact on economic and social development and involve major public interests or the vital interests of the public.
Where laws and administrative regulations have separate provisions for the decision-making procedures for matters prescribed in Paragraph 1 of the present article, such provisions shall prevail. The Provisions shall not apply to government legislative decisions and emergency response decisions.
Article 4 When making major administrative decisions, the Municipal Government shall, under the leadership of the Wuhan Municipal Party Committee, comprehensively implement the Party’s lines, guidelines, policies, decisions, and arrangements so that the Party’s leadership is implemented throughout the whole major administrative decision-making process.
Article 5 When making major administrative decisions, the Municipal Government shall follow the principle of scientific decision-making and implement the developmental concepts of innovation, coordination, environmental responsibility, openness, and sharing. The Municipal Government pledges to maintain realistic expectations, apply scientific and technological methods, respect objective laws, and adapt to the requirements of Wuhan City for economic and social development and comprehensive deepening of reform.
Article 6 When making major administrative decisions, the Municipal Government shall follow the principle of democratic decision-making, fully listen to opinions from all sides, and ensure that the masses and people from all walks of life can engage in decision-making through various channels and forms, such as solicitation of public comments, symposiums, hearings, and questionnaires.
Article 7 When making major administrative decisions, the Municipal Government shall follow the principle of law-based decision-making, strictly abide by the statutory authority, and perform statutory procedures in accordance with the law to ensure that the content of the decisions complies with laws, regulations, rules, and other relevant national, provincial, and municipal provisions.
Article 8 When making major administrative decisions, the Wuhan Municipal Government shall be subject to the supervision of the Wuhan Municipal People’s Congress and its Standing Committee in accordance with the law. For major administrative decisions that fall within the scope of major matters to be discussed and decided by the Wuhan Municipal People’s Congress and its Standing Committee according to existing laws and regulations or those that ought to be reported to the Standing Committee of the Wuhan Municipal People’s Congress before issuance, and the relevant provisions shall apply.
Article 9 Decision-making matters shall be subject to catalog-based management. The catalog of annual decision-making matters shall be determined by the Municipal Government upon research. It shall be announced to the public upon approval by the Wuhan Municipal Party Committee and subject to adjustment according to the actual situation at hand.
Article 10 The major administrative decision-making process shall serve as an important part of the assessment and evaluation of entities undertaking decision-making matters (hereinafter referred to as the “decision-making undertakers”) and entities and their leaders responsible for the execution of decision-making matters (hereinafter referred to as the “decision-execution entities”).
Article 11 The General Office of the Municipal Government is responsible for the collection and meeting arrangement for the annual catalog of decision-making matters as well as for organizing post-decision assessment.
Decision-making undertakers are responsible for organizing public engagement, expert argumentation, and risk assessment.
The municipal judicial administrative organ is responsible for reviewing the compliance of decision-making matters.
The audit organ supervises decision-making matters in accordance with provisions.
Other departments of the Municipal Government shall, according to their respective responsibilities, competently perform the work related to decision-making matters.
Chapter II Formation of Draft Decisions
Section 1 Initiation of Decision-making Procedures
Article 12 A decision-making matter proposed by any party, after being studied and argued in accordance with the following provisions, shall be reported to the Municipal Government to decide whether to initiate the decision-making procedures:
1. If the decision-making matter is proposed by a leader of the Municipal Government, it shall be submitted to the relevant entity for study and argumentation;
2. If the decision-making matter is proposed to the Municipal Government by a work department of the Municipal Government or a people’s government at the district level (including the Administration Committee of the Wuhan East Lake High-tech Development Zone, Wuhan Economic & Technological Development Zone, Wuhan East Lake Ecotourism Scenic Area, Wuhan New Port, or Wuhan Changjiang New Town, hereinafter “people’s governments at the district level”), the main problems to be solved, reasons and basis for the proposal, preliminary plan for solving the problems, and necessity and feasibility thereof, among others, shall be argued; and
3. If the decision-making matter is proposed by a deputy to the Wuhan Municipal People’s Congress or a member of the Wuhan Committee of the Chinese People’s Political Consultative Conference in the form of a suggestion, resolution, or proposal or proposed to the Municipal Government by a citizen, a legal person, or any other organization or through the relevant department of the Municipal Government, it shall be submitted to the relevant entity for study and argumentation.
Article 13 Where the Municipal Government decides to initiate the decision-making procedures, it shall clarify the decision-making undertaker in accordance with the following provisions:
1. For decision-making matters proposed by leaders of the Municipal Government, the decision-making undertaker shall be determined according to the statutory responsibilities of the work department concerned of the Municipal Government. If multiple departments are involved, the primary responsible department shall be the decision-making undertaker, and if there is no primary responsible department, the decision-making undertaker shall be designated by leaders of the Municipal Government;
2. If the decision-making matter is proposed by a work department of the Municipal Government or a government at the district level, such department or government shall be the decision-making undertaker;
3. If the decision-making matter is proposed by a deputy to the Wuhan Municipal People’s Congress or a member of the Wuhan Committee of the Chinese People’s Political Consultative Conference in the form of a suggestion, resolution, or proposal, the leading undertaking department of the suggestion, resolution, or proposal shall be the decision-making undertaker; and
4. If the decision-making matter is proposed by a citizen, a legal person, or any other organization to the Municipal Government, the relevant department of the Municipal Government shall be the decision-making undertaker.
Under the circumstance set out in Item 3 or 4 of the preceding paragraph, the decision-making undertaker shall invite the deputy to the Wuhan Municipal People’s Congress, a member of the Wuhan Committee of the Chinese People’s Political Consultative Conference, citizen, legal person, or other organization proposing the decision-making matter to participate in the formulation of the draft of major administrative decisions (hereinafter referred to as the “draft decision”).
Article 14 Decision-making undertakers shall formulate draft decisions independently or by appointing experts or professional institutions based on extensive and in-depth investigation and study, comprehensive and accurate information, and full consultation and coordination, in light of the actual situation.
Decision-making undertakers shall comprehensively sort out laws, regulations, rules, and policies related to decision-making matters to ensure that draft decisions comply with laws and regulations and are linked with the relevant policies.
Decision-making undertakers shall, as needed, analyze and predict human, property, and material input, resource consumption, environmental impact, and other costs as well as economic, social, and environmental benefits involved in decision-making matters.
If there are major differences among the relevant parties on a decision-making matter, the decision-making undertaker may put forward two or more proposals.
Article 15 A draft decision shall include, among others, decision objectives, work tasks, measures and methods, schedule, decision-execution entity and cooperative departments, budget, and a post-decision assessment plan, with drafting instructions attached.
Article 16 When drawing up a draft decision, a decision-making undertaker shall solicit opinions from the relevant department or the relevant government at the district level and reach a consensus with it. If no consensus can be reached, the decision-making undertaker shall consult with the entity giving opinions, and may, if necessary, submit the dispute to the leader in charge of the Municipal Government for coordination. If no consensus can be reached through coordination, the decision-making undertaker shall explain the main issues in the dispute, the opinions of the relevant entity, and the opinions, reasons, and basis of the decision-making undertaker and report them to the Municipal Government for decision.
Before a draft decision is submitted to the Municipal Government for deliberation, the decision-making undertaker concerned shall report it to the relevant special committee of the Wuhan Municipal People’s Congress or the Wuhan Committee of the Chinese People’s Political Consultative Conference for opinions.
Section 2 Public Engagement
Article 17 Decision-making undertakers shall fully listen to opinions in a way that facilitates public engagement, except for decision-making matters that shall not be made public in accordance with the law.
Decision-making undertakers may gather a wide range of comments according to the complexity and impact of decision-making matters, by means of, among others, symposiums, hearings, consultative conferences, field visits, written solicitation of comments, solicitation of public comments, questionnaires, and opinion polls.
If a decision-making matter concerns the interests of a specific group, the decision-making undertaker shall communicate and negotiate with the relevant people’s groups, social organizations, and representatives of the public and fully listen to the opinions and suggestions of the relevant group.
Article 18 If public comments are sought for a decision-making matter, the decision-making undertaker concerned shall publish the draft decision and its explanations and other materials through the government website, news media for government affairs, newspapers, radio, television, and other channels convenient for the public to know, and specify the methods and time limit for giving comments. The time limit for seeking public comments is generally no less than 30 days. If the time limit needs to be shortened due to emergency or other reasons, an explanation shall be made when public comments are sought.
For public concerns or problems involving professional or technical issues, decision-making undertakers may explain the concerns or problems through expert interviews or consultation.
Article 19 If a decision-making matter directly relates to the vital interests of citizens, legal persons, or other organizations or is a matter of significant dispute, a hearing may be held. If laws, regulations, and rules have separate provisions on the holding of a hearing, such provisions shall prevail.
Article 20 A hearing shall be held publicly according to the following procedures:
1. The decision-making undertaker introduces the draft decision, the basis, and the relevant information;
2. The hearing participants state their opinions, make inquiries and cross-examination, and debate, and the decision-making undertaker or the relevant experts may provide explanations when necessary; and
3. The hearing participants confirm the hearing record and sign it.
Article 21 To organize a hearing, a decision-making undertaker shall meet the following requirements:
1. The hearing consists of a host, a recorder, presenters, and participants;
2. Thirty days prior to the hearing, the number of hearing participants, registration conditions, and specific registration methods shall be made public through the government website, news media, or otherwise, and the registration shall be accepted. Fifteen days prior to the hearing, the hearing’s time, place, content, and list of participants shall be published.
3. The hearing participants shall be reasonably determined among different interest groups in accordance with the principles of fairness and openness and according to the content and impact of the hearing matters.
4. The draft decision for comments, drafting instructions, and other relevant materials shall be sent to the hearing representatives at least seven days prior to the hearing.
5. The hearing shall have seats in the public gallery to allow the public to listen and the news media to report. And
6. The hearing report shall be made on the basis of full consideration and adoption of the reasonable opinions of the participants. For the opinions that are not adopted, timely communication shall be made with the hearing participants, and reasons shall be given in the hearing report.
Article 22 To improve the draft decision, a decision-making undertaker shall summarize, sort out, study, and argue the opinions put forward by all sectors of society and fully adopt the reasonable ones.
Section 3 Expert Argumentation
Article 23 For decision-making matters involving professional or technical issues, the decision-making undertaker concerned shall organize experts and professional institutions to demonstrate the necessity, feasibility, and scientificity of the draft decision and provide necessary guarantees.
The experts or professional institutions shall independently conduct argumentation, give opinions in an objective, impartial, and scientific manner and perform the obligation of confidentiality for the state secrets, trade secrets, and personal privacy that they know in accordance with the law. If written argumentation opinions are given, such opinions shall be signed or sealed.
Article 24 A decision-making undertaker may organize expert argumentation by way of argumentation meeting, written consultation, entrusted consultation and argumentation, or other means. When selecting experts or professional institutions to participate in argumentation, the decision-making undertaker may randomly select five or more experts in the relevant fields from a bank of experts or entrust professional institutions according to the principles of professionalism, representativeness, and neutrality, focusing on experts or professional institutions with different opinions. Those experts and professional institutions having direct interests in the decision-making matters shall not be selected.
Article 25 The Municipal Government shall, as needed, establish a bank of experts for decision-making consultation and argumentation and improve the mechanism for integrity assessment and exit mechanism of experts. If necessary, the bank of experts for decision-making consultation and argumentation of the provincial government can be used.
Section 4 Risk Assessment of Decisions
Article 26 If the implementation of a decision-making matter may have an adverse effect on social stability, ecology and environment, finance, public safety, or other aspects of society, the decision-making undertaker concerned or other entities responsible for risk assessment shall organize the assessment of the risk controllability of the draft decision.
If the relevant risks have been evaluated and assessed in accordance with the relevant provisions, no repeated assessment need to be made.
Article 27 In conducting risk assessment, both qualitative and quantitative analyses may be used to conduct scientific prediction and comprehensive study and judgment regarding risks in decision implementation by such means as public comment tracking, key visits, and consultation and analysis.
A professional organization, social organization, or any other third party may be entrusted to conduct risk assessment.
Article 28 In conducting risk assessment, it is necessary to listen to the opinions of the relevant departments, form a risk assessment report, clarify the risk points, and propose risk prevention measures and disposal plans.
The risk assessment of a decision shall be conducted in accordance with the following provisions depending on different circumstances:
1. In the assessment of the social stability risk, the social contradictions and disputes, group incidents, network public opinions, or other unstable factors and indicators that may be caused by decision-making matters shall be assessed, with the risk level determined and the relevant handling opinions and suggestions given.
2. In the assessment of ecological and environmental risk, the environmental impact that may be caused by decision-making matters shall be analyzed, predicted, and assessed, and countermeasures and measures for preventing or mitigating adverse environmental impact shall be put forward.
3. In the assessment of financial risk, the investment amount, bearing capacity, cost-effectiveness, and other situations of financial funds shall be evaluated, and the relevant handling opinions and suggestions shall be put forward.
4. In the assessment of the public security risk, the public security impact that may be caused by decision-making matters shall be analyzed, predicted, and assessed, with the risk level determined and countermeasures and measures for preventing or mitigating the adverse public security impact put forward.
Article 29 The risk assessment report shall be examined and approved by the decision-making undertaker on a collective basis.
The risk assessment results shall serve as an important basis for decision-making matters. A decision-making undertaker shall, according to the assessment results, propose to the Municipal Government that the decision should be made, or the draft decision should be adjusted or the risk level should be reduced before the decision is made, or no decision should be made.
The Municipal Government can make the decision if it considers that the risk is controllable. If it believes that the risk is uncontrollable, it can make the decision after taking measures such as adjusting the draft decision to ensure that the risk is controllable.
Chapter III Compliance Review and Making Decisions through Collective Discussions
Section 1 Compliance Review
Article 30 A draft decision, before being submitted to the Municipal Government for discussion, shall be subject to compliance review by the municipal judicial administrative organ. Compliance review shall not be replaced with solicitation of comments or other means.
A draft decision for which no compliance review has been completed or that has not passed the compliance review may not be submitted to the Municipal Government for discussion. A decision-making matter related to an exploratory reform not clearly defined by the State may be submitted to the Municipal Government for discussion after its legal risk is expressly stated.
Article 31 A decision-making undertaker shall provide the following materials for compliance review:
1. The draft decision and its drafting instructions;
2. The catalog and text of laws, regulations, rules, and policy documents on which the draft decision is based;
3. Summarized materials for, among others, soliciting public comments, such relevant materials as the risk assessment report and the expert consultation and argumentation report, and, if a hearing is held, the hearing report; and
4. Other materials required for compliance review.
If a decision-making matter involves the economic activities of market players, in addition to submitting the materials prescribed in the preceding paragraph, the fair competition review procedures shall be performed in accordance with the relevant provisions, and the conclusion of the fair competition review shall be submitted.
Article 32 When requesting compliance review, a decision-making undertaker shall ensure the necessary time for review, which is generally no less than seven working days.
Article 33 The content of compliance review shall include:
1. Whether the decision-making matter is within the statutory authority of the Municipal Government;
2. Whether the relevant statutory procedures have been performed in the formation of the draft decision;
3. Whether the content of the draft decision complies with the relevant laws, regulations, rules, and state policies; and
4. Other content prescribed in laws, regulations, and rules.
Article 34 When conducting compliance review, the municipal judicial administrative organ generally adopts written forms and may also, according to actual needs, select investigation and research, seminars, coordination meetings, argumentation meetings, and other means and shall organize legal advisers of the Municipal Government and public lawyers to give legal advice.
The decision-making undertaker and other relevant entities shall cooperate with the municipal judicial administrative organ in the work of compliance review.
Article 35 The municipal judicial administrative organ shall, based on the circumstances, give written comments on a draft decision in accordance with the following provisions:
1. If the decision-making matter falls within the statutory authority of the Municipal Government, the draft decision formation process is in line with prescribed procedures, and the content conforms to laws, regulations, rules, and policies, the submission of the draft decision to the Municipal Government for deliberation is recommended;
2. If the decision-making matter falls within the statutory authority of the Municipal Government, the draft decision formation process is in line with prescribed procedures, and some content is problematic, the submission of the draft decision to the Municipal Government for deliberation after revision and improvement is recommended; and
3. If the decision-making matter falls outside the statutory authority of the Municipal Government and there are major problems in the content or the formation process of the draft decision, it is recommended not to submit or temporarily not to submit the draft decision to the Municipal Government for deliberation.
Section 2 Making Decisions through Collective Discussions and Announcement of Decisions
Article 36 When requesting the Municipal Government to deliberate on a draft decision, a decision-making undertaker shall submit the following materials:
1. The draft decision and related materials;
2. If public engagement procedures have been performed, information on the study and adoption of the main public opinions;
3. If expert argumentation procedures have been performed, information on the study and adoption of expert argumentation opinions;
4. If risk assessment procedures have been performed, the risk assessment report and other relevant materials;
5. Compliance review comments; and
6. Other materials required to be submitted.
Article 37 A draft decision shall be discussed collectively at the executive meeting or plenary session of the Municipal Government. Collective discussion shall be conducted with the following procedures:
1. Drafting instructions by the decision-making undertaker; and
2. Collective deliberation.
When discussing a draft decision, the members of the meeting shall fully express their opinions, and, finally, the executive head of the Municipal Government shall express his/her opinions.
The executive head of the Municipal Government shall make a decision of adoption, or denial, or further discussion after revision, or suspension of the discussion on the basis of collective discussion. If the decision to be made by the executive head of the Municipal Government is inconsistent with the opinion of the majority of the meeting attendees, reasons shall be explained at the meeting. Information on the making of decisions through collective discussion shall be recorded truthfully, and different opinions shall be clearly set out.
Article 38 Before a major administrative decision is adopted upon deliberation at the executive meeting or plenary session of the Municipal Government, it shall be reported to the Wuhan Municipal Party Committee for instructions in accordance with provisions, and the major administrative decision may be issued upon approval of the Wuhan Municipal Party Committee.
Article 39 The Municipal Government shall timely announce major administrative decisions through such channels as the bulletin of the Municipal Government, the government website, and Wuhan City newspapers. For major administrative decisions that are general public concerns or involve professional or technical issues, information on the adoption of public opinions or expert argumentation opinions shall be explained, and publicity and interpretation shall be conducted through press conferences, interviews, or otherwise, except for information that shall not be made public in accordance with the law.
Chapter IV Execution of and Adjustment to Decisions
Article 40 The Municipal Government shall define the decision-execution entities and supervise and inspect the execution of decisions. Decision-execution entities shall execute major administrative decisions in a law-based, comprehensive, timely, and correct manner, track implementation effects, and report information on the execution of decisions to the Municipal Government.
Article 41 If a decision-execution entity finds any problem in a major administrative decision or any major change in the objective conditions for the decision or force majeure that seriously affects the achievement of decision outcomes occurs, the decision-execution entity shall promptly report it to the Municipal Government.
Any citizen, legal person, or other organization believing that there is any problem in a major administrative decision and the execution thereof may give his/her/its opinions and suggestions to the Municipal Government or the decision-execution entity by letter, telephone, email, or otherwise.
Article 42 Under any of the following circumstances, the Municipal Government may determine the entity that undertakes assessment and organize a post-decision assessment:
1. The implementation of a major administrative decision, after being executed, obviously fails to achieve the expected results;
2. Citizens, legal persons, or other organizations express too many different views; and
3. The Municipal Government deems it necessary to do so.
A professional institution, social organization, or any other third party may be entrusted to conduct the post-decision assessment, except for the entity that has undertaken the main argumentation and assessment work before the decision is made.
When conducting a post-decision assessment, the relevant party shall listen to public opinions and absorb deputies to the Wuhan Municipal People’s Congress, members of the Wuhan Committee of the Chinese People’s Political Consultative Conference, people’s organizations, grassroots organizations, and social organizations to participate in the assessment.
The post-decision assessment results shall serve as an important basis for adjusting major administrative decisions.
Article 43 Without going through statutory procedures, a major administrative decision made in accordance with the law may not be arbitrarily changed, and its execution may not be ceased. In case of any situation or emergency as stipulated in Article 41 during the implementation, the executive head of the Municipal Government may decide to suspend the execution of the decision. If major adjustments are required, the relevant statutory procedures shall be performed in accordance with the Provisions.
Article 44 The Municipal Government shall establish a record keeping and filing system for the whole process of making major administrative decisions and placing materials on file, and the General Office of the Municipal Government, decision-making undertakers, decision-execution entities, or other entities undertaking the decision-making related work shall timely place on file all records and materials created in the decision-making procedures.
Chapter V Legal Liability
Article 45 If the Municipal Government violates the provisions hereof, resulting in serious mistakes in a decision, or if it should make a timely decision in accordance with the law but delays in doing so for an unduly long time, causing major losses or adverse effects, liability track-down and life-long accountability systems shall apply, and the liability of the executive head, responsible leaders, and other persons directly liable shall be investigated in accordance with the law.
If the relevant personnel express dissenting views on a decision with serious mistakes during the collective discussion of the draft decision, the liability of such personnel shall be exempted or reduced in accordance with the provisions.
Article 46 If a decision-making undertaker or an entity undertaking the decision-making related work fails to perform the decision-making procedures in accordance with the Provisions, neglects its duties, or commits fraud in performing the decision-making procedures, the Municipal Government shall order it to make corrections and investigate the liability of its responsible leaders and other persons directly liable in accordance with the law.
Article 47 If a decision-execution entity refuses to execute, prevaricates, or delays in executing a major administrative decision or conceals, falsely reports or fails to report major problems found during the execution, the Municipal Government shall order it to make corrections and investigate the liability of the responsible leaders and other persons directly liable in accordance with the law.
Article 48 If an entrusted expert, professional institution, or social organization violates the Provisions or fails to fulfill the contract, he/she/it shall be criticized in a circulated notice and ordered to submit rectification within a time limit. If serious consequences are caused, his/her/its assessment qualification shall be cancelled or the contract shall be terminated in accordance with the law, and the corresponding responsibilities shall be assumed.
Chapter VI Supplementary Provisions
Article 49 The procedures for making and adjusting major administrative decisions of the departments of the Municipal Government and the governments at the district level shall be implemented with reference to these provisions.
Article 50 The Provisions shall come into effect as of October 1, 2020. The Provisions of the Wuhan Municipal People’s Government on Major Administrative Decision-making Procedures (Order of the Municipal Government No. 266) shall be repealed simultaneously.
Sent to: People’s governments at the district level and departments of the Wuhan Municipal People’s Government.
Hubei Provincial Department of Justice.
Wuhan Municipal Commission for Discipline Inspection, Wuhan Municipal Commission for Supervision, General Office of the Wuhan Municipal Party Committee, Wuhan Municipal Garrison Command, people’s organizations, and democratic parties.
General Office of the Standing Committee of the Wuhan Municipal People’s Congress, General Office of the CPPCC Wuhan Committee, Wuhan Municipal Court, and Wuhan Municipal Procuratorate.
News agencies and enterprises and public institutions affiliated to ministries in Wuhan City.
General Office of the Wuhan Municipal People’s Government
Issued on August 17, 2020
