Provisions of Guiyang Municipal People's Government on the legality review of major administrative decisions

Article 1 In order to standardize decision-making according to law, promote administration according to law, and speed up the construction of a government ruled by law, these Provisions are formulated in accordance with relevant regulations and combined with the actual situation of this Municipality. Article 2 These Provisions shall apply to the legality review of major administrative decisions of the municipal government.

The scope of major administrative decision-making matters of the municipal government shall be defined in accordance with the relevant provisions of Guiyang Municipality on the hearing of major administrative decisions (for Trial Implementation).

The major administrative decisions of the municipal government belong to the category of normative documents, and the relevant provisions on the formulation of normative documents shall apply. The legal department of the third municipal government is responsible for the legality review of major administrative decisions of the municipal government; The general office of the municipal government, the undertaking unit for major administrative decisions (hereinafter referred to as "the undertaking unit for decision-making") and the relevant units and individuals involved in the legality review shall cooperate with each other and do a good job in related work. Article 4 The decision-making undertaking unit shall notify its legal institution to participate in the preliminary investigation and demonstration of decision-making matters; In order to improve work efficiency, the legal department of the municipal government can also participate in the preliminary investigation and demonstration of this decision-making matter. Fifth decision-making contractors shall submit the following materials when submitting major administrative decision-making alternatives to the municipal government:

(1) Decision alternatives and decision alternatives (including basic introduction, necessity and feasibility, cost-benefit risk analysis of decision-making);

(two) the relevant laws, regulations, rules, normative documents and policy basis, such as learning from foreign practices, the need to submit relevant information;

(3) Relevant statistical data, investigation, analysis and evaluation reports;

(four) to solicit opinions and their comprehensive materials;

(5) Where expert consultation, demonstration and hearing are needed, the materials for consultation, demonstration and hearing shall be submitted;

(six) legal opinions issued by the legal institution of the decision-making undertaking unit;

(seven) other information required for the legality review.

The decision-making undertaking unit shall be responsible for the authenticity and reliability of the submitted materials. Article 6 Before a major administrative decision is submitted to the relevant meeting of the municipal government for deliberation, the general office of the municipal government shall send the decision alternatives and related materials to the legal department of the municipal government for legality review. Article 7 The legal department of the municipal government shall review the legality of major administrative decisions mainly from the following aspects:

(a) whether the decision-making authority is legal;

(2) Whether the decision-making procedure is legal;

(3) Whether the content of the decision is legal. Article 8 The legal department of the municipal government may, according to actual needs, review the legality of major administrative decisions in the following ways:

(1) written test;

(two) to the relevant units for investigation and study, and to go out for inspection when necessary;

(three) by holding seminars, demonstration meetings, hearings, coordination meetings, sending written letters for comments, and publicly soliciting opinions on the website of the municipal government, etc., to listen to opinions from all sectors of society;

(four) organize relevant experts to conduct legal consultation or argumentation, and listen to the opinions and suggestions of relevant experts.

The time for carrying out the work in Items (2), (3) and (4) of the preceding paragraph shall not be counted in the time limit for review as stipulated in Article 9. Article 9 The legal department of the municipal government shall, within 15 working days from the date of accepting the decision-making alternatives and related materials, complete the legality review of major administrative decisions and submit written review opinions to the municipal government; If the situation is complicated, it can be extended by 10 working days with the approval of the leader; The municipal government has special requirements, which shall be completed within the prescribed time limit. Article 10 If the legal department of the municipal government thinks that the decision-making alternatives still need supplementary materials or need to be revised and improved, it may put forward to the municipal government or directly request the decision-making undertaking unit to handle them, and the decision-making undertaking unit shall complete them within the prescribed time limit.

Supplementary materials and the time limit for revision and improvement are not counted in the time limit for legality review.

If the decision-making undertaking unit has any objection to the legal department of the municipal government to put forward supplementary materials or modify and improve the opinions, it shall put forward written opinions, fully explain the reasons and submit the basis. Eleventh major administrative decisions submitted by the legal department of the municipal government to the municipal government shall clearly put forward relevant opinions and suggestions that are legal or illegal, partially legal or illegal, and their reasons and basis; In case of disagreement with the decision-making undertaking unit, it shall be explained in the legal review opinions.

The review opinions issued by the legal department of the municipal government are only for internal use of the government, and the relevant units or individuals may not disclose them to the public. Twelfth legal review opinions issued by the legal department of the municipal government is an important basis for the municipal government to make decisions. Major administrative decisions that have not been examined for legality or are illegal after examination shall not be submitted to the relevant collective meeting of the municipal government for deliberation, and the municipal government shall not make major administrative decision-making. Thirteenth municipal government collective meeting to study and decide on major administrative decisions, the person in charge of the legal department of the municipal government shall attend the meeting, and explain the legality review of major administrative decisions. Fourteenth municipal government major administrative decision-making legitimacy review funds, by the legal department of the municipal government put forward a special budget, by the municipal financial arrangements to solve. Fifteenth municipal government departments (including directly affiliated institutions and organizations authorized by laws and regulations to manage public affairs) shall establish and improve the legality review system of major administrative decisions of their own units and report them to the municipal government for the record.