Government Bulletin,2nd Issue, 2014
a=Ʊ-Shanghai Xuhui District People’s Government Bulletin | 2nd Issue, 2014 |
(Bimonthly) | (60th issue in total) |
Sponsored by a=Ʊ-Shanghai Xuhui District People’s Government General Office | Published on May 1, 2014 |
Contents
[Documents of District Government]
Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “2013 Report of a=Ʊ-Shanghai Xuhui District on the Disclosure of Government Information”···································································································· (3)
Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “Three-Year (2014-2016) Action Plan on the Construction of Technology Finance Innovative Service Demonstration Area in Caohejing Hi-Tech Park”········ (4)
Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “Implementation Opinions on Further Promoting the Development of Prefabricated Building in Xuhui District”······································································ (4)
[Documents of District Government General Office]
Notice of a=Ʊ-Shanghai Xuhui District People’s Government General Office on Submitting Interim Evaluation Report on the Implementation of “Twelfth Five-Year Plan of Shanghai Municipality on Administration by Law” and 2013 Report on Administration by Law··················································································································································· (11)
Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “2013 Report on Government Information Disclosure of a=Ʊ-Shanghai Xuhui District”
(February 26, 2014)
XuFuFa (2014) No.5
All relevant commissions, offices and bureaus of district government, all sub-districts and
Subject to District Government’s approval, “2013 Report of a=Ʊ-Shanghai Xuhui District on the Disclosure of Government Information” is now printed and distributed to you all for your conscientious implementation.
2013 Report of a=Ʊ-Shanghai Xuhui District on the Disclosure of Government Information
Preface
In accordance with the requirements of “The Regulation of the People’s Republic of China on the Disclosure of Government Information” (hereinafter referred to as “Regulation”) and “Provisions of Shanghai Municipality on the Disclosure of Government Information” (hereinafter referred to as “Provisions”),this annual report is compiled by Xuhui People’s Government General Office based on summarization of relevant work by all relevant commissions, offices and bureaus of district government, all sub-districts and Huajing Town. The report comprises overview, proactive disclosure of government information, disclosure of government information upon application, detail of reconsiderations, litigations and tip-off appeals, disclosure of inquiry handling and related government affairs, major problems and corrective measures, and is attached with related explanations and indicator-specific statistical table. The electronic version of this annual report is available for download at “a=Ʊ-Shanghai Xuhui” government portal (//www.srw4.com). The statistical period of data listed in this annual report is January 1 ~ December 31, 2013.For any doubt on this annual report, please contact Xuhui People’s Government General Office (Address:
I. OVERVIEW
Promoting the disclosure of government information is the inevitable requirement of improving the government’s ability of administration by law, safeguarding the people’s right to know, participation right and right of supervision, and building a harmonious socialist society; it is also a key part of establishing an administrative management system that features standard conduct, coordinated operation, justness & transparency, honesty and high efficiency. Xuhui District first conducted the disclosure of government information in May 2004, and now has 11 full-time employees and 72 part-time employees, 45 dedicated government information application acceptance points and 15 public reference rooms. By the end of 2013, the work of Xuhui District on disclosure of government information has operated normally, especially in inquiries, applications and corresponding answers on government information disclosure. In 2013, Xuhui District further implemented the requirements of the “Regulation” and the “Provisions”, fulfilled tasks specified in “Notice of Shanghai People’s Government General Office on Printing and Distributing Current Major Arrangements on the Disclosure of Government information” and generally relevant work in the following three aspects:
(I) Strengthening leadership, specifying requirements and elevating overall level
District Government attached great importance to the disclosure of government information, and executive meetings of our government conducted special research on further pushing forward the disclosure of financial information and audit information of Xuhui District and included the disclosure of government information in the 2013 list of administrative supervision items. We conducted special inspection on the implementation of government information disclosure, and supervised and inspected the disclosure of government information through our District’s electronic governance platform of government affairs disclosure and government service. We timely identifies problems existing in our work, actively pushed forward proactive disclosure, improved the service of disclosure upon application, and practically boosted our level of government information disclosure. All departments improved the leadership system and working mechanism of government information disclosure and detailed relevant facilitation plans in accordance with their respective work characteristics. For instance, District Finance Bureau proposed work arrangements on linked disclosure of budget and final accounts of all departments in our district, budget and final accounts of “the three public expenses” as well as some of central and municipal financial funds. District Planning and Land Resources Administration specially printed a set (i.e., four volumes) of operating materials on practices of information disclosure, including compilation of documents, typical cases, questions & answers and model text, which are provided as reference for practical operations of information disclosure personnel.
(II) Giving prominence to emphases, deepening content, and steadily expanding the scope of disclosure
Xuhui District further expanded and deepened the content of information disclosure. Firstly, we continually intensified financial disclosure and expanded disclosure scope. On the basis of disclosing departmental budgets, budget of departmental “three public expenses” and some of central and municipal financial special funds in 2012, we disclosed final accounts of departments and final accounts of department-specific “three public expenses”, and expanded the scope of disclosure from relevant departments of District Government to People’s Congress, CPPCC and social organizations. Secondly, we deepened the disclosure of audit information. In addition to previous disclosure content, we accelerated the announcement of audits on budget implementation of government departments. In 2013, we added the announcement of audit results on budget implementation and other financial revenue and expenditure of 5 departments including District Price Bureau, former Population and Family Planning Commission, Xujiahui Sub-district Office, Cable TV Center and District Health Inspection Branch of Municipal Health Bureau, thus ensuring higher audit supervision and transparency. Thirdly, we continued to push forward the disclosure of information that arrests much social attention and is closely related to vital interest of general public. We timely released such information concerning kindergarten admission and primary and secondary schools’ entrance examinations and indemnificatory housing, standardized the disclosure of information concerning land and house expropriation and compensation schemes, and actively pushed forward proactive disclosure of such information as planning permission and environmental assessment of construction projects. We periodically disclosed food safety, work safety and other supervision and inspection information, and proactively disclosed “Emergency Response Plan of Xuhui District on Food Safety Accidents”.
(III) Consolidating the basics, standardizing the operation, and pushing forward the work continually and forcibly
According to the requirements of the “Regulation” and the “Provisions”, Xuhui District improved the system of organizing and promoting the disclosure of government information and put into practice related government information coordination and publication, confidentiality review and supervision guarantee measures. Firstly, an evaluation system of information disclosure work was established and improved. At the beginning of the year, District Government General Office worked with related member units of Joint Meeting on Information Disclosure of District Government to organize the evaluation of the 2012 information disclosure work of all administrative organs of Xuhui District, 12 district-level government department and 3 sub-districts (town) were named excellent, good units, and circulars of evaluation results were printed and distributed. Secondly, the work of institutionalizing information disclosure was strengthened. We further improved the working regulation on government information disclosure, formulated the “Administrative Provisions of Xuhui District on Government Information Disclosure Business Platform”, ensure unified, standardize, efficient use of government information disclosure business platform, and practically improved the level and efficiency of Xuhui District’s work on the disclosure of government information. Thirdly, confidentiality review of government information disclosure was strictly carried out and the mechanism of determining disclosure attributes and sources was put into practice. We worked with District Secrecy Administration Bureau to issue “Notice on Strictly Implementing the Work of Confidentiality Review of Government Information Disclosure”, which reiterates the establishment and improvement of the mechanism of confidentiality review of government information disclosure by relevant organs and requires that confidentiality review shall be conducted to determine the attribute of official documents disclosure during the formation of official document type of government information. Fourthly, we organized the update of “Guidance of Xuhui District on the Disclosure of Government Information” and “List of Locations of Public Reference Rooms for Government Information in Xuhui District”, guided, supervised and urged all administrative organs to timely publicize their annual reports on the disclosure of government information and further do a good job in basic work like monthly statistics and filing of catalogues of official document type of information according to the requirement of the “Regulation” and the “Provisions”.
II. PROACTIVE DISCLOSURE OF GOVERNMENT INFORMATION
Xuhui District actively did a good job in proactive disclosure of government information according to the requirement of the “Regulation” and the “Provisions”, based on the principle of “disclosing all information unless otherwise required” and in conjunction with the implementation of “Notice of Shanghai Municipal People’s Government General Office on Printing and Distributing Current Work Priorities on the Disclosure of Government Information”. By the end of 2013, Xuhui District had proactively disclosed a total of 8,988 pieces of government information, whose full-text electronization rate was 100%. In 2013, a total of 1,705 pieces of new government information, whose full-text electronization rate was 100%, was proactively disclosed, which represented a 8% increase compared to the quantity of proactive disclosure in the same period of the previous year.
(I) Scope of proactive disclosure
1. Normative documents. “Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Adjusting the Standard of Living Allowance Granted to Land Requisitioned Persons Entitled to Old-Age Insurance in Xuhui District”, “Supportive Measures of Xuhui District on Promoting the Listing of Enterprises (for Trial Implementation)”, “Supportive Opinions on Accelerating the Development of Cultural and Creative Industries (for Trial Implementation)”, “Administrative Provisions of Xuhui District on Government Investment Projects (for Trial Implementation)”, “Implementation Measures of Xuhui District on Audit and Supervision of Government Investment Projects (for Trial Implementation)” and other documents were promulgated.
2. National economic and social development planning, special planning and regional planning. Development plans including “2013 Plan of Xuhui District Auditing Bureau on Major Audit Projects”, “Implementation Measures of Xuhui District on Training of Full-time Community Education Teachers in the “Twelfth Five-Year Plan” Period” and “Three-Year Action Plan of Xuhui District on Curriculum Construction of Primary Schools”, and planning schemes of such venues as West Bank Media Port, Long Museum and De Museum were publicized.
3. National economic and social development statistics. Statistical information including “2012 Statistical Bulletin of a=Ʊ-Shanghai Xuhui District on National Economic and Social Development”, “2012 Brief Analysis of Energy Consumption in Xuhui District” and “2013 Bulletin of Xuhui District on Environmental Conditions” was publicized.
4. Use of departmental budget and final accounts, departmental “three public expenses” budget and final accounts, and special central and municipal financial funds. A total of 38 units proactively disclosed their 2013 departmental budgets through a=Ʊ-Shanghai Xuhui government portal or department website, 37 units disclosed their 2012 departmental final accounts, 37 units disclosed their 2013 “three public expenses” budgets, and 36 units disclosed their 2012 final accounts of “three public expenses”. The use of financial funds was publicized through such forms as “2012 Form of Allocation Results of Special Employment Funds among Districts and Counties”, “2012 Form of Allocation Results of Municipal Financial Subsidy Funds of Grass-roots Popular Science Action Plan among Districts and Counties”, “2012 Form of Allocation Results of Living Allowance and Subsidy Funds for Urban and Rural Residents with Financial Difficulties among Districts and Counties”, “2012 Form of Living Allowance Funds for Families Eligible for Special Government Allowance and Other Personnel among Districts and Counties”, and “2012 Form of Allocation Results of Subsidy Funds for Urban Compulsory Education among Districts and Counties”.
5. Audit results. We expanded the scope of audit results disclosure by publicizing the “Bulletin of Xuhui District Auditing Bureau on Audit Results of 2012 Xuhui District’s District-level Budget Implementation and Other Financial Revenue and Expenditure”, which included audit results of budget implementation and other financial revenue and expenditure of 5 departments, namely District Price Bureau, former Population and Family Planning Commission, Xujiahui Sub-district Office, Cable TV Center and District Health Inspection Branch of Municipal Health Bureau. Documents including “Bulletin on Audit and Investigation Results of Use of Funds for Security and Surveillance Facilities in Closed Residential Quarters and Project Management Performance” and “Bulletin on Audit and Investigation Results of Utilization Efficiency of Public Library Resources in Xuhui District” were released.
6. Administrative and institutional fees. “Catalogue of Administrative and Institutional Fee Items in Xuhui District (2013)” was disclosed.
7. Centralized government procurement. “Xuhui District’s Centralized Procurement Catalogue and Procurement Quota for 2013 Government Procurement”, government procurement bulletins, bid winning and transaction bulletins were disclosed.
8. Administrative license (examination and approval). Operation guides including “Construction Land Planning Permit”, “Examination and Approval of State-owned Land Allocation”, “Issue and Reissue of Construction Land Approvals”, “Acceptance of Applications for License Labor Dispatch Operations”, “Low-rent Housing Application” and “Joint-Ownership Housing (Affordable Housing ) Application”, and administrative license bulletins including “Construction Land Planning Permit”, “Construction Land Approval”, “Bulletin on Extending House Demolition Period”, “Addition, Change, Renewal and Revocation of Catering Service Licenses” and “Incorporation, Change and Deregistration of Drug Retail Enterprises” were disclosed.
9. Urban construction and management. Documents including “2013 Arrangement on Government Practical Projects”, “West Asia Hotel Reconstruction Project”, “Shanghai Nanyang Middle School Relocation Project”, and “
10. Poverty relief, educational, medical, social security, and employment promotion policies, measures and their implementation. Documents including “Information on Eldercare Institutions in Xuhui District”, “Implementation Opinions on Xuhui District’s 2013 Employment Promotion Policy” and sub-districts’ community congress reports, and sub-districts’ annual practical projects were disclosed.
11. Emergency response plans and pre-warning information on and response to sudden public events. Documents including “Emergency Response Plan of Xuhui District on Food Safety Accidents” were disclosed.
12. Supervision and inspection on issues like environment protection and work safety. Documents including “Work Scheme of Xuhui District on Environmental Risk Source Inspection of Major Enterprises”, “Information on Work Safety Accidents in 2013” and “Collection of Pollution Discharge Fees in 2013” were disclosed.
13. Information disclosure of public enterprises and institutions and information concerning all kinds of public services related to government functions. Service information including information on primary and secondary schools and medical and health institutions in Xuhui District as well as daily food price summary of food markets in Xuhui District was disclosed.
In 2013, Xuhui District continually intensified the solicitation of public opinions on administrative decisions by publishing the invitations for public opinions including “collection of Opinions on Xuhui District Government’s Practical Projects for 2014”, “Draft for Public Participation on Planning and Adjustment of Xuhui No.-006 Neighborhood in Hengshan Road - West Fuxing Road Historic & Cultural Area of a=Ʊ-Shanghai Xuhui District”, “Implementation and Deepening of West Bank International Media Port in Controlling Detailed Planning of WS5 Unit in Southern Extension of Huangpu River (Planning Draft for Public Participation)” through government website.
(II) Approaches of proactive disclosure
Xuhui District has developed such channels of proactive disclosure as government website, government bulletin, and public reference room for government information disclosure. The government website group centering on “a=Ʊ-Shanghai Xuhui” government portal has become the most important disclosure channel. For government information disclosure column, its annual page views reached 1,900,571, and we fulfilled website redesign and added the functions of direct view via tablet and smart phone; “a=Ʊ-Shanghai Xuhui District People’s Government Bulletin” was published in 6 issues all the year round and distributed to all sub-districts, town and more than 300 residents’ committees within those sub-districts/town; we developed the construction of information disclosure service points, and 15 public reference rooms for government information disclosure including District Archives, District Library and community affairs acceptance service center of each sub-districts/town provided computers with Internet access, government bulletins and government information disclosure guides for public reference and use. We expanded the information disclosure channels and released a total of 25,000 government-affairs weibo messages and organization a total of 7 micro interviews, chiefly involving school admission, protection of urban features and construction of demonstration areas.
III. DISCLOSURE OF GOVERNMENT INFORMATION UPON APPLICATION
(I) Applications
In 2013, Xuhui District accepted a total of 482 applications for government information disclosure, including 255 face-to-face applications, 11 email applications, 90 online applications, and 126 applications by correspondence.
The contents of information requested in applications mainly involved aspects closely related to public interest, such as real estate, planning, land requisition compensation and construction project approval, and also included such information as environmental protection, education, health, and letters and calls handling.
(II) Handling of applications
Of all 482 applications for government information disclosure, 471 ones were already answered, and the remaining 11 applications will be answered in the following year according to the provisions of the Regulation” and the “Provisions”. With the addition of 3 applications accepted in the previous year and answered this year, a total of 474 applications were answered in 2013.
Of 474 applications already answered, 170 applications received the answer of “agree to disclose” and 2 applications received the answer of “agree to partially disclose”, which together accounted for 36.3% of the total number; 22 applications received the answer of “not allowed to disclose”, which accounted for 4.6% of total number.
There were 280 applications that received other answers. Of those applications, 132 applications received the answer of “information inexistent”, which accounted for 27.8% of the total number; 80 applications received the answer of “beyond our scope of authority”, which accounted for 16.9% of the total number; 27 applications received the answer of “unclear content of application”, which accounted for 5.7% of the total number; 17 applications received the answer of “not government information defined in the Provisions”, which accounted for 3.6% of the total number; 14 applications received the answer of “repeated application”, which accounted for 3% of the total number; 10 applications received the answer of “not being application for government information disclosure”, which accounted for 2.1% of the total number.
The centralized acceptance point for government information disclosure set up by our district at the District Archives is a major channel for accepting the application for information disclosure. That point accepted 178 applications all the year round, which accounted for 36.9% of all 482 applications accepted across the district.
(III) Charges for application for information disclosure and corresponding exemption and reduction
Subject to national and municipal provisions on fee charging for disclosure of government information upon application, Xuhui District collected RMB 460.4 of fees of disclosure upon application in 2013, including RMB410 of retrieval fee and RMB50.4 of copying fee.
IV. RECONSIDERATION, LITIGATION AND TIP-OFF APPEAL
In 2013, 21 cases of administrative reconsideration concerning government information disclosure of administrative organs in Xuhui District occurred, including 1 case confirmed illegal by administrative reconsideration organ.
In 2013, 23 cases of administrative litigation concerning government information disclosure of administrative organs in Xuhui District, including 1 case judged illegal by court of law.
V. DISCLOSURE OF INQUIRY HANDLING AND OTHER RELATED GOVERNMENT AFFAIRS
In 2013, a total of 41,160 citizen inquiries were accepted, including 27,286 telephone inquiries, 12,654 face-to-face inquiries and 1,220 online inquiries. There were 1,900,571 visits to government information disclosure column of “a=Ʊ-Shanghai Xuhui” government portal, and government information disclosure items (listed in the descending order of click-through rate) included: personnel appointment and removal, government documents, decisions on house expropriation, financial budget and final accounts, etc.
We leveraged the electronic government platform to lay emphasis on pushing forward government information disclosure and government service, continually improved “column on the trial of Xuhui District’s government information disclosure and government service” on “a=Ʊ-Shanghai Xuhui” government portal, timely released the government’s latest information and news, disclosed government service guidance, and provided the people with effective windows for policy consulting and transaction processing information.
VI. MAJOR PROBLEMS AND CORRECTIVE MEASURES
Xuhui District’s government information disclosure promotion objectives were clearly defined, and the content of proactive information disclosure in key areas was continually deepened. Work normalization was further improved and the work was generally facilitated forcefully and orderly. However, the following shortcomings existed in the facilitation: firstly, the awareness of government information disclosure, work initiative and consciousness of a handful of departments remained to be further reinforced; secondly, certain gap existed between disclosure content and satisfaction of public requirement, and the content of government information disclosure needed further deepening; thirdly, the levels of government information disclosure of all departments were not balanced and some departments had such problems as untimely disclosure of information and substandard content of disclosure.
In 2014, Xuhui District will intensify proactive disclosure of government information, continually deepen and advance the disclosure of financial information, expand the disclosure of audit results and audit rectification, and actively conduct such work as release of information of high public concern, including house expropriation and compensation and indemnificatory housing in Xuhui District. We will also further improve the level of answering applications for disclosure, maintain the smoothness of acceptance channels, strengthen communication with applicants, guide general public to exercise their right of application and right to relief correctly, and try best to increase the disclosure rate of answers and meet the people’s right to know according to applicable laws and regulations. We will continually consolidate the foundation for government information disclosure, strengthen training and guidance, reinforce the initiative and effectiveness of information disclosure, conduct periodical supervision and inspection, and raise Xuhui District’s work of government information disclosure to a new level.
VII. NOTES AND ATTACHED LISTS
(I) Other notes
The statistical scope of this annual report is all administrative organs enumerated in “Guidance of Xuhui District on the Disclosure of Government Information” (excluding 5 district-level administrative organs included in line statistics like industry and commerce administrative department), and the period of statistics is January 1 ~ December 31, 2013.
(II) Attached lists
Attached list 1 Statistics on proactive disclosure of government information
Indicator | Unit | Quantity |
Quantity of government information proactively disclosed in current year | pcs | 1705 |
Among which: Year over year growth | - | 8% |
Quantity of government information subjected to full-text electronization | pcs | 1705 |
Quantity of new administrative normative documents | pcs | 5 |
Attached list 2 Statistics on disclosure of government information upon application
Indicator | Unit | Quantity |
Quantity of information catalogues disclosed upon application | pcs | 1196 |
Total number of applications accepted | pcs | 482 |
Including: 1. Number of face-to-face applications | pcs | 255 |
2. Number of facsimile applications | pcs | 0 |
3. Number of email applications | pcs | 11 |
4. Number of online applications | pcs | 90 |
5. Number of applications by correspondence | pcs | 126 |
6. Number of applications in other forms | pcs | 0 |
Total number of answers to applications | pcs | 474 |
Including: 1. Number of “agree to disclose” answers | pcs | 170 |
2. Number of “agree to partially disclose” answers | pcs | 2 |
3. Number of “not being government information defined in the Provisions” answers | pcs | 17 |
4. Number of “information nonexistent” answers | pcs | 132 |
5. Number of “beyond our scope of authority” answers | pcs | 80 |
6.Number of “unclear content of application” answers | pcs | 27 |
7. Number of “repeated application” answers | pcs | 14 |
8. Total number of “not allowed to disclose” answers | pcs | 22 |
Including: (1) Number of “state secret” answers | pcs | 1 |
(2) Number of “business secret” answers | pcs | 2 |
(3) Number of “personal privacy” answers | pcs | 1 |
(4) Number of “process information likely to affect safety and stability” answers | pcs | 5 |
(5) Number of “jeopardizing safety and stability” answers | pcs | 0 |
(6) Number of “being other circumstances required by laws and regulations” answers | pcs | 13 |
9. Others |
| 10 |
Attached list 3 Statistics on inquiries
Indicator | Unit | Quantity |
Quantity of service information provided | pcs | 629 |
Number of online inquiries | men times | 1220 |
Number of visitors received on the spot | men times | 12654 |
Number of telephone inquiries answered | men times | 27286 |
Page view of website column | men times | 1900571 |
Attached list 4 Statistics on reconsiderations and litigations
Indicator | Unit | Quantity |
Number of administrative reconsiderations | case | 21 |
Including: number of administrative reconsiderations confirmed illegal or faulty by reconsideration organs | case | 1 |
Number of administrative litigations | case | 23 |
Including: number of administrative litigations judged illegal or faulty by court of law | case | 1 |
Number of appeals or tip-offs | case | 0 |
Including: number of appeals or tip-offs confirmed illegal or faulty | case | 0 |
Attached list 5 Statistics on government expenditure and fee charging
Indicator | Unit | Quantity |
Total amount of fees charged | RMB | 460.4 |
Including: 1. Retrieval fee | RMB | 410 |
2. Mailing cost | RMB | 0 |
3. Copying fee | RMB | 50.4 |
Total number of employees designated for government information disclosure | person | 83 |
Including: 1. Number of full-time employees | person | 11 |
2. Number of part-time employees | person | 72 |
Special funds for handling government information disclosure | RMB 10000 | 21.4 |
Actual expenses of handling government information disclosure | RMB 10000 | 17.8 |
Total litigation related costs | RMB 10000 | 5.2 |
Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “Three-Year (2014-2016) Action Plan on the Construction of Technology Finance Innovative Service Demonstration Area in Caohejing Hi-Tech Park”
(April 14, 2014)
XuFuFa (2014) No.8
All relevant commissions, offices and bureaus of district government, all sub-districts and
Subject to deliberation and approval by District Government, “Three-Year (2014-2016) Action Plan on the Construction of Technology Finance Innovative Service Demonstration Area in Caohejing Hi-Tech Park” is now printed and distributed to you all for your conscientious implementation.
Three-Year (2014-2016) Action Plan on the Construction of Technology Finance Innovative Service Demonstration Area in Caohejing Hi-Tech Park
For the purpose of implementing national and Shanghai municipal guiding opinions on providing financial support for adjustment, transformation and upgrade of economic structure, this action plan is hereby formulated according to the overall requirement of Shanghai’s effort to construct an international financial hub and Xuhui District’s effort on forging “industrial finance, technology finance” and based on Caohejing Hi-Tech Park’s industrial characteristics and the requirement of financial service, in order to contribute to the integration of financial capital with industrial entities and the combination of financial innovation and technological innovation, and create the brand of the technology finance innovative service demonstration area in Caohejing Hi-Tech Park.
I. GUIDING PRINCIPLES
Grasp historic opportunities like ongoing national financial system reform and construction of China (Shanghai ) Pilot Free Trade Zone, fully leverage Caohejing Hi-Tech Park’s existing development foundation, intensify efforts in such aspects as strengthening the cluster of advantageous industries, innovating technology financial products and transforming management service mechanism, further expand and elevate the connotation and energy level of finance service and high-tech industrial development, and lay stress on “three combinations”.
Firstly, in combination with the requirement of currently accelerating innovative and transformational development of financial industry and Shanghai’s great efforts on the development of functional financial institutions, and based on rich resources of technology enterprises and financial institutions in Caohejing Hi-Tech Park, vigorously foster and introduce characteristic financial institutions conducive to the development of high technology industry, and create a good pattern for integrated development of technology industry and financial industry.
Secondly, in combination with national and Shanghai municipal requirement on providing financial support for economic structural adjustment and the development of small and micro enterprises, built on Caohejing national IPR service industry cluster development experimental area and Caohejing Hi-Tech Park technological SMEs (small and medium-sized enterprises) financing platform, guide various financial institutions to innovate technology financial products, and construct a diversified, multi-layered, multi-channel technology enterprise investment and financing service system.
Thirdly, in combination with such reforms as construction of Pilot Free Trade Zone and trial of decentralization of administrative approval at Zhangjiang Hi-Tech Park, built upon the “district-park cooperation” mechanism between District Government and Caohejing Hi-Tech Park, actively transform government management functions, give play to the industrial park’s professional advantage in serving enterprises, innovate financing service models, and boost the level of financing service.
II. DEVELOPMENT OBJECTIVES
(I) Overall objectives
According to the overall outline of promoting integrated development of technology and finance, we will exert ourselves to construct a “1+3” innovative financial service model featuring technology financial institution clustering area with technology enterprise credit loan service system, technology enterprise listing service system and technology finance information credit service system. We will, within some three years, endeavor to build Caohejing Hi-Tech Park into a regional technology finance featured park with the highest clustering of technology financial institutions, the richest technology financial products and financing channels, the most robust technology investment and the most comprehensive financing service system; meanwhile explore and create service models and work mechanisms that can be popularized and copied, radiate to drive the development of technology finance across the district, and try to make Caohejing Hi-Tech Park a demonstration park in innovative technology finance service with certain influence and brand effect in Shanghai.
(II) Specific objectives
1. Intensify the clustering of technology financial institutions. We will try to introduce 20 new technology financial institutions and form a certain cluster in distribution of configuration, function and carrier within three years.
2. Intensify the innovation of credit loans for technology enterprises. We will optimize and elevate the energy level of Caohejing Hi-Tech Park’s technological SMEs financing platform, expand service coverage, and try to make sure that the annual average growth rate of platform loan size will not be below 10% and the 2016 loan size will reach RMB350mn.
3. Intensify support for the listing of technology enterprises. We will try to foster 50 enterprises and include them in a group of enterprises libraries proposed for listing and support 20 enterprises to go public within three years.
4. Accelerate the construction of technology finance information credit service system. We will, based on enterprise information service platforms like “Xuhui technology finance information service platform” and “Caohejing Hi-Tech Park technology enterprise information management system”, gradually establish an enterprise credit evaluation system and boost the information and credit service levels of enterprise financing.
III. MAJOR TASKS
(I) Intensifying the clustering of technology financial institutions, and forging Caohejing Hi-Tech Park’s technology finance and Internet finance clustering area.
1. Vigorously introduce 4 types of major technology financial institutions and try to introduce 20 new technology and other financial institutions within three years. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , District Taxation Bureau, District Industry and Commerce Administration, District Investment Promotion Center, District Comprehensive Coordination Office)
The foregoing 4 types of financial institutions include:
Technology finance investment institutions generally include angel investment, venture capital, and equity investment institutions dedicated to technology enterprises.
Internet financial institutions generally include independently licensed institutions, such as third-party payment, Internet sale of financial products, online P2P lending and online financial shops and online comprehensive financial services derived from traditional financial institutions including banks, securities dealers and insurers.
Financial professional service institutions generally include credit rating institutions, assets appraisal institutions, financial data (information) service institutions, quantitative, strategic investment software development and sales institutions, and financial service outsourcing institutions.
Financial institutions derived from industrial capital generally include such financial institutions as finance companies of group corporations, financing lease companies of manufacturers, and commercial factoring companies.
2. Push forward clustering and integrated development of technology finance carriers and functions. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park,
We will grasp such opportunities including a new round of development & construction of Eastern Part of Caohejing Hi-Tech Park and elevating the industrial energy level of existing buildings in Caohejing Hi-Tech Park, through joint support and guidance from District Government and Caohejing Hi-Tech Park, actively introduce a batch of technology and Internet financial institutions, elevate carrier clustering and business mode integration, and try to advance the clustering of institutions on layout, forge characteristic advantages on business mode and develop technology finance industrial chain on functionality.
(II) Constructing a technology enterprise credit service system and innovating credit cooperation models and financial products.
1. Elevate the energy level of Caohejing Hi-Tech Park technology SMEs financing platform. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park, District Comprehensive Coordination Office)
(1) Expand service scope and increase loan size. Enterprises located in Yidian, Putian, Hangtian and Juke technology parks within the scope of “Caohejing Hi-Tech Park of Greater Zhangjiang” will be included in the scope of platform service scope to realize full coverage of all enterprises within Caohejing Hi-Tech Park. Meanwhile, we will give full play to the policy effect of platform risk compensation, appropriately reduce the examination and approval threshold, improve risk tolerance, and make sure that the annual average growth rate of loan size of financing platform will not be below 10% and the 2016 loan size will reach RMB350mn.
(2) Expand cooperating institutions and innovate characteristic products. The introduction of financial institutions of various types including insurance, guaranty, micro-credit, venture capital, third-party payment and financing lease will be actively explored on the basis of existing three-party cooperation among government, park and bank, and a batch of characteristic financial products aimed at platform enterprises will be developed under the model of sharing resources via business cooperation and sharing risks via mutual trust.
2. Innovate technology financial products and service models. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park, District Science and Technology Commission, District SMEs Service Center, District Comprehensive Coordination Office)
(1) Encourage IPR financing innovation. In combination with the construction of such projects as national IPR service clustering development experimental area in Caohejing, Shanghai, we will give better play to the function of Xuhui District’s IPR financing guaranty funds, guide more banks and financial institutions of all types to participate in financial innovation and actively develop emerging businesses like hypothecation, insurance and securitization of IPR to advance the transformation and application of IPR in enterprise financing.
(2) Push forward the trial of the new model of “equity-holding incubation”. Caohejing Hi-Tech Park will select appropriate building carriers to cluster and incubate a batch of technology enterprises and develop “equity-holding incubation” through “exempting enterprises from rental and service fees in exchange for equity”, and meanwhile encourage related financial institutions to develop small and micro enterprise characteristic products aimed at enterprises in the incubator.
(III) Constructing a technology enterprise listing service system, and supporting technology enterprises to develop diversified financing by leveraging multi-level capital market.
1. Intensify the support for the listing of technology enterprises from Caohejing Hi-Tech Park, do a good job in the construction of “one database, one team, one platform”, and try to foster and include 50 enterprises into a database of enterprises proposed for listing and support 20 enterprises to go public within three years. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , Science and Technology Commission, District SMEs Service Center, District Comprehensive Coordination Office)
(1) Strengthen the construction of “Caohejing Hi-Tech Park’s database of enterprises proposed for listing”. Subject to Caohejing Hi-Tech Park’s Science and Technology Innovation Center and review by listing experts, a batch of quality enterprises proposed for listing will be selected and included in the abovementioned database each year and enterprises included in such database will be provided with such services as basic listing training, listing experts’ consultation, financial resources tie-in, industrial policy focus, compliance review facilitation and listing expense subsidization.
(2) Give play to the role of “listing expert and consultant team”. Listing experts and consultants’ professional service and grouping service advantages will be brought into full play, and individualized tutorial schemes will be provided in response to various requirements during listing of enterprises. A routine tracking and liaison service mechanism will be established.
(3) Strengthen the role of Caohejing Hi-Tech Park’s science and technology innovation center as an “enterprise listing service platform”. We will leverage existing service network and functions of Caohejing Hi-Tech Park’s science and technology innovation center to further intensify focal integration of government’s administrative service resources and financial institutions’ professional service resources and construct a relatively complete information, credit, financing business and public service platform for enterprises proposed for listing.
2. Focus on major enterprises proposed for listing and expand diversified financing service. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , District Science and Technology Commission, District SMEs Service Center, District Comprehensive Coordination Office)
We will, according to the principle of classified tutorship and differentiated service, screen out a number of “focal service” enterprises that meet our industrial guidance and have high strength and potential from “Caohejing Hi-Tech Park’s database of enterprises proposed for listing” and encourage all types of financial institutions to innovate characteristic financial products for enterprises proposed for listing; actively push forward the cooperation among government’s “support funds”, banks’ “credit funds” and equity investors’ “social capital” and develop the linkage among “investment loan, investment appropriation, loan disbursement”; encourage major enterprises to carry out multi-channel financing by issuing SME private placement bonds, collective bonds, and collective notes.
(IV) Constructing a technology finance information credit service system and improving financing environment for technology enterprises.
1. Advance integration and application of Caohejing Hi-Tech Park’s technology enterprise credit and information. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , District Science and Technology Commission, District SMEs Service Center, District Comprehensive Coordination Office)
We will mobilize all forces including government, park, financial institutions and third-party credit rating institutions, explore and establish Caohejing Hi-Tech Park technology enterprise information management system, establish and improve enterprise credit evaluation system, and improve the position and role of enterprise credit in financing.
2. Strengthen the publicity and tie-in of technology and small and micro finance service information. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , District Science and Technology Commission, District SMEs Service Center, District Comprehensive Coordination Office)
We will leverage Xuhui technology finance information service platform, timely release related policies, regulations and service initiatives, introduce characteristic financial products and financial institutions information, accept enterprise financing requirements, provide financing guidance and service featuring online and offline combination, and construct comprehensive financial information service platform and advance industrial-financial combination for financial institutions and technology enterprises in our district. We will make the best of Xuhui District’s financial information resources like “Financing Service Manual”, “Listing Service Manual”, “Introduction of bank financing products for small and micro enterprises” to help technology enterprises and small and micro enterprises identify appropriate financing channels and products.
3. Actively develop “financial grouping service entering park” activities. (Responsible units: District Financial Services Office, District Science and Technology Commission, Caohejing Hi-Tech Park , District Comprehensive Coordination Office)
We will optimize menu-type financial service method, organize various types of financial institutions to provide grouping service for the Park, conduct pertinent batches of enterprise financial training, salons and policy seminars, effectively alleviate the asymmetry of financing supply-demand information, and develop Caohejing Hi-Tech Park financial grouping service brand.
IV. GUARANTEE MEASURES
(I) Strengthening organizational guarantee, establishing and improving the work mechanism. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , District Commerce Commission (District Investment Promotion Center, District SMEs Service Center), District Science and Technology Commission, District Finance Bureau, District Taxation Bureau, District Industry and Commerce Administration, District Comprehensive Coordination Office)
We will strengthen overall coordination among departments, engage all relevant departments to study and formulate work objectives, facilitation plans and supporting policies, and coordinate and solve prominent problems during work facilitation. Meanwhile, related funds input and management guarantee will be put in place.
(II) Tie in with reforms and innovations including construction of Pilot Free Trade Zone, and boost the energy levels of public services. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park , District Science and Technology Commission, District Commerce Commission, District Industry and Commerce Administration, District Comprehensive Coordination Office)
We will proactively tie in with the requirement of Pilot Free Trade Zone construction so as to advance the objectives of facilitating trade investment and innovating foreign exchange management and try to include Caohejing Hi-Tech Park in the scope of the trial of centralized management of multinational corporations’ exchange capital in
(III) Strengthening policy focus and giving play to linkage effect. (Responsible units: District Financial Services Office, Caohejing Hi-Tech Park, District Commerce Commission, District Science and Technology Commission, District Finance Bureau)
We will implement related supporting initiatives and improve such policies as industrial support, financing service and park carrier in accordance with all work objectives and major tasks defined in this Action Plan. Under policy framework system, support for contents related to Caohejing Hi-Tech Park’s technology finance innovation service demonstration area will be intensified. Meanwhile, we will strengthen the linkage among all supportive policies and form the focusing effect of policies on technology finance development in Caohejing Hi-Tech Park.
Notice of a=Ʊ-Shanghai Xuhui District People’s Government on Printing and Distributing “Implementation Opinions on Further Promoting the Development of
(April 22, 2014)
XuFuFa (2014) No.9
All relevant commissions, offices and bureaus of district government, all sub-districts and
Subject to deliberation and approval by District Government, “Implementation Opinions on Further Promoting the Development of Prefabricated Building in Xuhui District” is now printed and distributed to you all for your conscientious implementation.
Implementation Opinions on Further Promoting the Development of Prefabricated Building in Xuhui District
In order to implement the Scientific Outlook on Development, carry out the requirement of innovation-driven, transformational development, practically transform Xuhui District’s urban construction model and building industry development pattern, and construct resource-saving, environment-friendly district, according to the requirement of documents including “Notice of Shanghai Municipal People’s Government General Office on Forwarding Several Opinions of Five Departments including Shanghai Urban Construction and Communications Commission on Further Promoting the Development of Prefabricated Building in Shanghai” (HuFuBan (2013) No.52), the implementation opinions of Xuhui District on further promoting the development of prefabricated building is presented below:
I. SCOPE OF APPLICATION
The term “prefabricated building” in the present opinions refers to residential building and public building like commercial and office building that adopt prefabricated parts or components and are assembled at construction site. The scope of promotion of prefabricated building in other public buildings may be gradually expanded according to the requirement.
Xuhui District will encourage the adoption of the system of assembled monolithic concrete structure in prefabricated housing, and the prefabricated assembly rate of housing units (i.e., proportion of prefabricated parts in housing structures like wall body, beam column, floor slab, staircase, balcony) shall not be smaller than 15%(the figure for housing projects within Outer Ring shall not be below 25%). The area of prefabricated wall or composite wall shall be at least 50% of outer wall and preferably adopt prefabricated sandwiched thermal insulating wall.
For prefabricated commercial and office buildings with concrete structure in Xuhui District, the prefabricated assembly rate of their building units shall not be below the prefabricated assembly rate of prefabricated housing, and main concrete parts including outer wall, beam column and floor slab shall preferably adopt the prefabrication method.
Prefabricated residential buildings employing other structural systems and certification of prefabricated public buildings shall be subject to review by Building Industrialization Expert Committee.
Xuhui District encourages continual improvement of prefabricated assembly rate of prefabricated building.
II. WORK OBJECTIVES
The area of construction land supplied each year shall be so allocated to ensure an appropriate percentage and area of prefabricated building, and such proportion shall be improved year by year. Of the total quantity of land available for residential housing in Xuhui District in 2014, the proportion of prefabricated housing by construction area shall not be smaller than 25%. And the figure for 2015 shall be at least 30%. The area of land supplied for such housing does not temporarily include district-level relocation housing construction land dedicated for the relocation of land requisitioned farmers. The guaranteed proportion of prefabricated public building of concrete structure in the total area of land supplied for commercial and office buildings shall be determined with reference to the provisions on prefabricated housing.
Based on the principle of categorized facilitation in different areas, areas within Inner Ring, Xuhui riverside area and large residential communities in Xuhui District are prioritized areas for the development of prefabricated building. If required, the scope may be gradually expanded to include Caohejing Hi-Tech Park into the list of prioritized development areas and gradually realize full coverage across the district.
For government and State-owned enterprises’ investment projects, priority will be given to the development of prefabricated building. It is encouraged that indemnificatory housing projects may adopt prefabricated building technology.
Riverside Area Comprehensive Development and Construction Management Committee will strengthen supervision and management of prefabricated building projects in its jurisdiction, ensure the implementation of relevant projects, and ensure the required implementation proportion of prefabricated building in the relevant area.
III. WORK MECHANISM
“Xuhui District’s Joint Meeting on Promoting the Development of Prefabricated Building” (hereinafter referred to as “Joint Meeting”) will be set up, with Deputy District Mayor of District Government in charge acting as meeting convener and with departments including District Construction and Communication Commission, District Planning and Land Resources Administration, District Development and Reform Commission, District Planning and Land Resources Administration, District Finance Bureau and District Commerce Commission as member units. The Joint Meeting will have its own office, and the person in charge of District Construction and Communication Commission will serve as the director of the office and leaders in charge of other member units will act as members of the office. The office of the Joint Meeting is responsible for organizing the formulation, coordination and implementation of planning, plans, various policy measures on promoting the development of prefabricated building and relevant project construction. The Joint Meeting will, at the beginning of each year (i.e., before the end of February) make overall arrangement based on land transfer plans and organize the formulation of Xuhui District’s annual implementation plan on prefabricated building; at the end of each year organize inspection and evaluation on the implementation of annual implementation plan on prefabricated building in Xuhui District and the required construction area proportion.
IV. DIVISION OF WORK AMONG DEPARTMENTS
(I) District Construction and Communication Commission
1. As the department leading the promotion of prefabricated building in Xuhui District, it is responsible for coordinating all departments to jointly fulfill the formulation and implementation of related policies and plans.
2. For commercial and office projects with land supplied via bidding, auction and listing, it shall clearly express whether or not to adopt prefabricated building in the solicitation of opinions on land transfer.
3. It shall strengthen supervision management on the whole process of prefabricated building projects from reporting for construction, design documents review, public bidding of construction project, construction license, quality & safety supervision to completion acceptance and filing, and organize the formulation of prefabricated building quality and safety supervision scheme to meet the requirement of project design, construction and acceptance.
4. It shall, according to specific division of responsibility, supervise and manage the implementation of prefabricated building in Xuhui District. For projects that fail to be implemented according to construction drawings and design documents, punishments will be meted out in accordance with relevant national and Shanghai municipal laws and regulations; punishments on responsible units and responsible personnel according to law will be recorded in credit archives of relevant enterprises.
(II) District Planning and Land Resources Administration
1. For joint-ownership housing and public rental housing with land supplied via land appropriation, it shall clearly express whether or not to adopt prefabricated building in project certification.
2. For housing projects with land supplied through bidding, auction and listing, it shall clearly express whether or not to adopt prefabricated building in the solicitation of opinions on land transfer.
3. For housing projects with clear requirement of prefabricated building in land transfer contract or land appropriation decision, it shall, during project planning scheme review, require requirement construction units to specify the implementation proportion and corresponding building number of prefabricated housing in the statement of construction scheme to facilitate the transaction of such procedures as reporting for construction, reporting for supervision, household-specific acceptance of housing quality and completion filing of prefabricated housing projects.
4. It shall, during application for advance sale of projects, strengthen review and supervision on sales schemes of prefabricated housing projects and require construction units to specify the content of prefabricated housing in commodity housing sales schemes.
5. It shall, before project delivery for use, strengthen the supervision and inspection of prefabricated housing projects.
(III) District Development and Reform Commission
For government-invested public buildings with land supplied via land appropriation, it shall, during project initialization, clearly express the opinion of whether or not to adopt prefabricated building, and specify such opinion in the corresponding project initialization approvals.
(IV) District Planning and Land Administration
1. While organizing land transfer for commodity housing and commercial & office projects, it shall include the opinions of District Housing Administration Bureau or District Construction and Communications Commission on implementation of prefabricated building in special stipulations of transfer contract. While transacting land appropriation approvals for projects like joint-ownership housing, public rental housing and government-invested public building, it shall require construction units to submit certification documents from District Housing Administration Bureau or project initialization documents from District Development and Reform Commission.
2. For housing projects for which the land transfer contract or land allocation decision does not require the implementation prefabricated building but project construction units adopt prefabricated monolithic concrete structural system during construction, while examining and approving the project planning scheme or verifying and issuing the construction project planning permit, it shall, based on District Housing Administration Bureau’s review opinions, exclude the prefabricated portion of outer wall from the verified construction area and account for the excluded area in the remarks. The verified construction area shall be followed with the wording like “(excluding ××× square meters of area of the prefabricated portion of prefabricated outer wall or composite outer wall that shall be excluded from construction area according to applicable regulation)”. In the project list attached to the application for construction project planning permit, the construction area by building shall be followed by the wording like “(excluding ××× square meters of area of the prefabricated portion of prefabricated outer wall or composite outer wall that shall be excluded from construction area according to applicable regulation)”.
3. While applying for planning acceptance and land verification, the relevant construction unit shall provide the quality acceptance certificate of divisional works of main structure that has been filed to the engineering safety supervision institution. For any act of implementing prefabricated outer without complying with the requirement of construction drawings or design documents, the violator shall be ordered to pay the corresponding land transfer fee according to the provisions of national and Shanghai municipal laws and regulations and the stipulations of the transfer contract.
V. INCENTIVE POLICIES
For prefabricated building that meets the provisions of “Measures of Shanghai Municipality on Special Support for Building Energy-saving Projects”, prefabricated public building projects that meet the requirement shall be given priority in inclusion in green building demonstration projects or high standard building energy-saving demonstration projects upon application. For prefabricated building included in the scope of building energy-saving indicator assessment in Xuhui district, the relevant unit may apply for the district’s special funds for energy-saving and consumption reduction.
Concrete wall of prefabricated building will not be included in the scope of wall material calculation in special funds for new wall materials. Any indemnificatory housing project that adopts prefabricated building will be exempt from the payment of special funds for new wall materials according to relevant national provisions.
The present Opinions shall be implemented as from the date of promulgation and remain effective until December 31, 2016.
Notice of a=Ʊ-Shanghai Xuhui District People’s Government General Office on Submitting Interim Evaluation Report on the Implementation of “Twelfth Five-Year Plan of Shanghai Municipality on Administration by Law” and 2013 Report on Administration by Law
(February 26, 2014)
XuFuBanFa (2014) No.5
All relevant commissions, offices and bureaus of district government, all sub-districts and
In accordance with the requirement of “Twelfth Five-Year Plan of Shanghai Municipality on Administration by Law” (hereinafter referred to as “Plan”), the Plan will adopt the interim evaluation system, under which District Government Legislative Affairs Office will form an interim evaluation report on the implementation of the Plan by District Government based on the summarization of implementation by various areas and departments and submit such report to the Municipal Legislative Affairs Office. Meanwhile, in accordance with the requirements of “Decision of the State Council on Strengthening Administration by Municipal and County Governments by Law” (GuoFa (2008) No.17, hereinafter referred to as “Decision”) and “Opinions of the State Council on Strengthening the Construction of Government by Law” (GuoFa (2010) No.33, hereinafter referred to as “Opinions”), all units of District Government shall each year report to District Government on administration by law. In order to do a good job in the foregoing work, subject to approval by District Government, relevant issues are specified below:
I. MAIN CONTENT OF EVALUATION REPORT AND 2013 ANNUAL REPORT ON ADMINISTRATION BY LAW
All units of District Government are required to evaluate their implementation of objectives and tasks of the Plan by the end of 2013 with reference to all objectives and tasks set in the Plan and the division of responsibility specified by Municipal Government General Office (HuFuBanFa (2012) No.1, refer to Appendix 1 for the division of responsibility among all units of District Government). Evaluation report generally includes: progress, result and experience on fulfillment by the reporting unit of relevant objectives and tasks of the Plan; major problems existing in the implementation of the Plan and relevant causes; countermeasures, suggestions and innovative initiatives on further advancing the fulfillment of objectives and ensuring the implementation of the Plan.
Meanwhile, to simplify the reporting work, the content of 2013 annual report on administration by law of each unit shall be included in its evaluation report and need not be separately reported. If there is no relevant content of evaluation report, 2013 annual report on administration by law shall be separately submitted. All units are required to summarize administrative law enforcement by them and the progress in pushing forward administration by law and construction of government by law in 2013 (refer to Appendix 2 for specific division of work), focus on important initiatives, major achievements and existing defects concerning administration by law, and put forward subsequent work arrangements in accordance with the Decision and the Opinions as well as major tasks and division of responsibility set forth in “Opinions on Further Promoting the Construction of Government by Law in Shanghai in 2013~2017” (HuFuFa (2013) No.79).
II. EVALUATION METHODS
(I) Combination of comprehensive evaluation and key-point evaluation. While conducting comprehensive evaluation on its implementation of the Plan, each unit shall lay emphasis on strengthening evaluation on major policy measures and important reform and innovation systems on the work of administration by law.
(II) Combination of quantitative analysis and qualitative evaluation. For quantifiable items during implementation of the Plan, each unit shall conduct thorough and accurate data statistics and keep track of the fulfillment of major indicators through quantitative analysis; meanwhile, track the progress on implementation of all objectives and tasks through qualitative evaluation.
(III) Combination of self-evaluation and third-party evaluation. While conducting self-evaluation, each unit may authorize external experts or research institutions to conduct third-party evaluation.
III. ORGANIZATION OF EVALUATION
(I) Strengthen organizational leadership. All units shall fully understand the significance and function of carrying out interim evaluation on the implementation of the Plan, strengthen organizational leadership, be well aware of their responsibilities and tasks, and do a good job in specific implementation.
(II) Guarantee participation from all walks of life. All units shall go down to grass-roots, conduct thorough surveys, open the door to evaluate and listen to public opinions, organize the participation of experts and general public through multiple approaches including discussion meeting, demonstration, questionnaire and online survey, and lend an attentive ear to opinions and suggestions by deputies to People’s Congress and District CPPCC members on promoting the implementation of the Plan.
(III) Attach importance to actual work results. An interim evaluation on implementation of the Plan shall not only comprehensively summarize achievements and experience, but also deeply analyze existing prominent problems, put forward measures to ensure smooth implementation of the Plan and specify the good ideas and innovative measures to accelerate the construction of government by law.
IV. DEADLINE FOR SUBMISSION OF EVALUATION REPORTS
All units are required to send to District Government Legislative Affairs Office the written materials and electronic files of their respective interim evaluation reports on the implementation of the Plan, according to the attached mailing address and email address, prior to March 25, 2014.
Appendixes:
1. Major tasks and division of responsibility stated in “Twelfth Five-Year Plan of Shanghai Municipality on Administration by Law”
2. Xuhui District’s Specific Division of Work on Administration by Law in 2013
Appendix 1:
Major tasks and division of responsibility stated in “Twelfth Five-Year Plan of
No. | Content | Responsible department(s) |
1 | On the basis of all-round completion of de-linking of competent municipal government departments from economic entities run by and enterprises directly under such departments, lay stress on pushing forward the separation of government from enterprise with respect to district/county government and their commissions/offices/bureaus. | District State-owned Assets Supervision and Administration Commission |
2 | Push forward classified reform of public institutions actively and reliably and address the structural reform of law enforcement institutions. | District Commission Office of Public Sector Reform |
3 | Strengthen the construction of social management system, improve social management system, innovate social management mechanism, and perfect the departmental-regional management mechanism. | District Social Construction Office District Government General Office |
4 | Push forward the standardization of community affairs acceptance service center according to law, and gradually realize the transaction of relevant affairs across the city and across the district. | District Civil Affairs Bureau |
5 | Spare no efforts to strengthen grass-roots community construction, and enhance autonomy of residents’ committee, housing property management and improvement of owners’ committee system. | District Civil Affairs Bureau District Housing Administration Bureau |
6 | Deepen and improve public financial system, and guarantee basic public service expenditure according to law. | District Finance Bureau |
7 | Push forward the diversification of providers and methods of provision of basic public services and market-based reform of non-basic public service market-oriented reform, and create system platforms that can meet the diverse requirements of the people. | District Development and Reform Commission |
8 | Improve the standardization of urban safety management system, improve sudden event pre-warning and emergency response mechanism, strengthen training on government’s emergency management level, and handle sudden events properly according to law. | District Emergency Management Office District Civil Affairs Bureau District Work Safety Supervision Bureau District Health Bureau District Public Security Bureau |
9 | Attach great importance to intensifying government regulation of food and drug safety and practically protect the safety of citizens’ life and property. | District Food and Drug Administration District Quality and Technical Supervision Bureau District Industry and Commerce Administration |
10 | Attach great importance to intensifying government regulation of work safety and practically protect the safety of citizens’ life and property. | District Work Safety Administration |
11 | Improve the social security prevention and control system, and construct a linkage mechanism to resolve diversified conflicts and disputes through the combination of “subject matter jurisdiction” and “territorial jurisdiction”. | District Comprehensive Administration Office |
12 | Explore the large department system featuring organic integration of functions, further improve the division of power and responsibility among three levels of administrative organs (i.e., municipal, district/county, and sub-district levels), and improve the system of “two levels of government, three levels of administration” for urban districts and “three levels of government, three levels of administration” for suburbs and counties. | District Commission Office of Public Sector Reform District Finance Bureau |
13 | Continually deepen administrative approval system reform, greatly improve administrative efficiency, accelerate the standardization of administrative examination and approval, and optimize the examination and approval process. Improve the system of notification commitment and joint examination and approval, and comprehensively carry out joint annual inspection and online annual inspection. | District Administrative Approval System Reform Office |
14 | Effectively operate the municipal unified online administrative examination and approval management and service platform, and push forward the whole-process online transaction of all administrative examination and approval items. | District Administrative Approval System Reform Office |
15 | Promote the system of legal opinions on legality review of major administrative decisions. | District Legislative Affairs Office |
16 | Improve the rules of procedure on decisions based on group discussion. | District Government General Office |
17 | Further improve the system of seeking opinions from People’s Congress and CPPCC on major administrative decision making matters, and get opinions of relevant stakeholders in such forms as discussion meeting and hearing. Establish a sound system of publicizing the drafts of major administrative decisions to solicit opinions from general public. Set up a public opinions feedback mechanism to give feedback on or publicize the adoption of certain opinions in appropriate forms. | District Government General Office |
18 | Establish and improve a mechanism of demonstrating the legality, reasonableness, feasibility and controllability of major administrative decisions. Explore the system of authorizing third-party institutions including professional institutions, social inquiry institutions and research institutions to conduct evaluation and demonstration based on the implementation of the expert demonstration system for major administrative decisions. Implement the risk evaluation system for major administrative decisions, and detail risk evaluation rules and standards in such aspects as social stability, ecological environment, public finance and institutional probity. | District Government General Office |
No. | Content | Responsible department(s) |
19 | Carry out the system of evaluation after implementation of major administrative decisions in an all-round way, and decide to adjust or stop the execution of relevant decisions in strict accordance with evaluation results. Establish and improve the mechanism of collecting public opinions on major administrative decisions and explore the implementation of public opinions circulation, negotiation and coordination mechanism. | District Government General Office District Development and Reform Commission |
20 | In line with the requirement of | District Government General Office District Legislative Affairs Office |
21 | Establish a system of clearing up government regulations and normative documents. Normative documents that are proven via evaluation to disagree with the requirement of Shanghai’s economic and social development or to conflict with, be inconsistent or out of keeping with higher-level laws, or proven to disagree with the provisions of relevant laws, regulations or ordinances through record review shall be immediately or periodically cleared up, timely revised or abolished, and such handling shall be publicized. | District Legislative Affairs Office |
22 | Periodically compile currently effective government regulations and establish a database of normative documents to make those documents easily available to citizens, legal persons and other organizations. | District Legislative Affairs Office |
23 | Reasonably define the authority and responsibility of law enforcement by administrative organs at various levels, and coordinate well the relationship among departmental and regional administrative law enforcement organs in division of work and cooperation. | District Commission Office of Public Sector Reform District Legislative Affairs Office |
24 | Gradually establish a system of allocating administrative law enforcement forces that match actual residential population and administrative management items, and guarantee scientific use of administrative law enforcement resources. | District Commission Office of Public Sector Reform |
25 | Establish a unified training platform for administrative law enforcement personnel, educate them on law enforcement discipline and work ethics, strengthen training on legal and professional knowledge, and implement the system of assuming office after being trained and certificated. | District Human Resources and Social Security Bureau District Legislative Affairs Office |
26 | Establish the administrative law enforcement personnel information management system, and strictly regulate the items and scope of administrative law enforcement and assistance acts. | District Legislative Affairs Office |
27 | Improve the administrative law enforcement coordination mechanism, rearrange law enforcement disputes and blind points, intensify coordination on the principle of “being closes to function, being in best position to handle”, practically solve the problem of departmental buckpassing through designated jurisdiction or agreed jurisdiction. | District Legislative Affairs Office |
28 | Improve the administrative law enforcement collaboration mechanism, and implement multi-department joint law enforcement and cross-district/county collaborative law enforcement with respect to cross-department or cross-district/county mass or long-term illegal problems. | District Legislative Affairs Office |
29 | Establish administrative law enforcement regulation and supervision system to timely identify and effectively rectify irregular or uncivilized law enforcement acts. | District Legislative Affairs Office District Supervision Bureau |
30 | Establish the system of thematic reporting and communication and negotiation on major administrative decision making and important administrative management issues. For important issues relating to overall situation of reform, development and stability and hot issues with high social attention and of great concern to the people, municipal, district/county governments shall proactively make thematic reports to the standing committee of People’s Congress at the same level and proactively communicate and discuss with CPPCC at the same level. | District Government General Office |
31 | Establish the judicial suggestions and prosecutorial suggestions answering, recording, handling and supervising system. Administrative organs shall give timely feedback and make active rectification after receipt of such suggestions. | District Legislative Affairs Office |
32 | Improve the level of appearing in court and responding to administrative action and push the principal of administrative law enforcement units concerned to appear in court and respond to administrative action. | District Legislative Affairs Office |
33 | Improve the work of administrative supervision and enhance supervision of administrative powers. Establish electronic supervision and Internet-based complaint platforms, further regulate and strengthen the management of outposts of supervision organs, and conduct supervision on government performance management. | District Supervision Bureau |
34 | Intensify audit supervision on major departments, major funds and major projects, and push forward audit disclosure. | District Auditing Bureau |
35 | Strengthen the construction of administrative reconsideration institutions, and consolidate team construction of administrative reconsideration personnel. Conduct the trial of administrative reconsideration committee system, and reinforce the independence and openness of administrative reconsideration. | District Legislative Affairs Office |
36 | Further improve trial methods and handle cases through combination of written review, field investigation, hearing, amicable settlement, and mediation. | District Legislative Affairs Office |
37 | Actively use such forms as administrative reconsideration suggestions or opinions to push administrative organs to timely rectify problems and defects existing in specific administrative acts. | District Legislative Affairs Office |
No. | Content | Responsible department(s) |
38 | Establish the public opinion polling mechanism, periodically conduct work style survey, and introduce third-party evaluation mechanism into government performance evaluation. | District Supervision Bureau District Style Correction Office |
39 | Establish a mechanism of responding to public opinions via media and proactively reply to questions of concern to the people. | District Information Office District Government General Office |
40 | Improve the mass tip-off & complaint system and broaden the channels for the people to supervise governments. | District Letters and Calls Office District Supervision Bureau |
41 | Leverage residents’ committees, villagers’ committees, industry associations and intermediary organizations to collect opinions and suggests from general public on administrative decisions and law enforcement, city construction and management via network media and analyze social conditions and public opinions so as to provide reference for administrative organs and timely give pre-warning on problems existing in administrative management. | District Information Office District Government General Office |
42 | Establish a coordination mechanism to resolve disputes and conflicts through linkage of administrative organs at two levels (i.e., municipal & district/county-level). For conflicts and disputes that cannot be solved by district/county-level governments and their departments, municipal relevant departments shall give guidance, help study and take effective measures to mediate and appropriately handle conflicts and disputes. | District Housing Administration Bureau District Planning and Land Resources Administration District Construction and Communication Commission |
43 | Improve the administrative mediation system, scientifically define mediation scope, regulate mediation procedure, give full play to the role of administrative organs in solving administrative disputes and civil disputes, and push forward the establishment of the large mediation linkage mechanism integrating administrative mediation with people’s mediation and judicial mediation. | District Justice Bureau District Letters and Calls Office District Legislative Affairs Office District Public Security Bureau |
44 | Improve the system of leading cadres of administrative organs at various levels studying the laws, and organize the study of basic legal knowledge and specialized legal knowledge relating to performance of duties and responsibilities in such forms as law lecture and case analysis. | District Justice Bureau |
45 | Administrative colleges, civil servant training institutions and relevant administrative organs at various levels shall, with respect to different types of administrative law enforcement personnel, take various effective teaching and learning forms to conduct multi-level, comprehensive training on boosting the levels of administration-by-law enhancement and administrative law enforcement knowledge, and establish the system of recording the training and examination results of administrative law enforcement personnel trained and take into consideration training implementation and learning scores into performance evaluation and promotion of such personnel. | District Justice Bureau District Human Resources and Social Security Bureau District Legislative Affairs Office |
46 | Establish the system of the No.1 responsible person for the work of administration by law, and the leading person in charge of district/county-level government shall be the No.1 responsible for the work of administration by law in the relevant region. | District Legislative Affairs Office |
47 | Establish the system of reporting on the work of administration by law. Executive meetings of municipal, district/county-level governments shall listen to report on the work of administration by law at least twice each year and timely resolve prominent problems existing in administration by law in the relevant region. | District Government General Office District Legislative Affairs Office |
48 | Implement the system of reporting on the work of administration by law. Municipal government shall report to the State Council on administration by law in the municipality each year; district/county-level government shall each year report to the standing committee of the People’s Congress at the same level and the municipal government on the progress, main results, prominent problems and subsequent work arrangement on administration by law in the relevant region; government departments shall report on facilitation of administration by law to the government at the same level and relevant departments of the higher-level government. | District Legislative Affairs Office |
49 | Establish an administration-by-law working mechanism that involves coordinated promotion by legislative affairs offices of municipal and district/county-level governments. | District Legislative Affairs Office |
50 | District/county-level government shall provide sufficient legislative affair institutions and personnel to enable them to undertake the corresponding duties and responsibilities, and gradually set up legislative affair institutions independently. | District Commission Office of Public Sector Reform District Legislative Affairs Office |
51 | Do a good job in team building of personnel handling legislative affairs for town or sub-district governments and ensure all working requirements of administration by law can be fully implemented at grass-roots level. | District Legislative Affairs Office |
52 | Intensify the cultivation, use and exchange of governments’ legal affairs cadres and attach great importance to the promotion of legal affairs cadres with high political qualities, good legal qualities and strong working competences to frontline posts for experience accumulation and development. | District Legislative Affairs Office |
53 | Expenses required for performance of statutory duties by administrative organs shall be fully included in departmental budget management so as to ensure sufficient funds for administrative management, learning & training, development of law enforcement sciences and technologies, theoretic and practical research on administration by law and purchase of legal services. Lay stress on improving the mechanism under which district/county-level administrative law enforcement funds enjoy fiscal guarantee, and practically ensure that law enforcement expenses is absolutely not linked to administrative fines. | District Finance Bureau |
Appendix 2:
Xuhui District’s Specific Division of Work on Administration by Law in 2013
No. | Working content of administration by law | Responsible unit(s) |
1 | Accelerate the transformation of government functions | Investigation Section of District Government General Office |
2 | Do a good job in work relating to public sector reform | District Commission Office of Public Sector Reform |
3 | Go all out to promote the reform of administrative examination and approval system | District Supervision Bureau |
4 | Push forward the disclosure of government information | District Legislative Affairs Office |
5 | Push forward scientific, democratic decision making by law | Investigation Section of District Government General Office Development and Reform Commission |
6 | Strengthen supervision and management of normative documents | District Legislative Affairs Office |
7 | Regulate administrative law enforcement | District Legislative Affairs Office District’s major administrative law enforcement departments |
8 | Prevent and resolve social disputes | District Justice Bureau District Letters and Calls Office District Emergency Management Office |
9 | Consciously accept supervision by District People’s Congress/District CPPCC | Supervision Section of District Government General Office |
10 | Accept judicial supervision according to law | District Legislative Affairs Office |
11 | Regulate the work of administrative reconsideration | District Legislative Affairs Office |
12 | Intensify administrative supervision of governments | District Supervision Bureau |
13 | Strengthen government audit\financial supervision | District Finance Bureau Auditing Bureau |
14 | Enhance the concept and ability of administration by law | Investigation Section of District Government General Office District Legislative Affairs Office District Justice Bureau |
15 | Intensify the learning of laws and professional training of employees at administrative organs | District Legislative Affairs Office District Justice Bureau |
16 | Conduct law publicity and education actively | District Justice Bureau |
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