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Sichuan Provincial Office of Legislative Affairs

  In accordance with the Circular of the CPC Sichuan Provincial Committee and Sichuan Provincial Government on Releasing'the Plan of Institutional Reform in Sichuan Provincial Government'and'the Opinion on the Implementation of the Plan of Institutional Reform in Sichuan Provincial Government'(ChuanWeiFa[2009] No.24),theSichuan Provincial Office of Legislative Affairs ( referred to as the "SPOLA"),which is directly under Sichuan Provincial Government (hereinafter referred as the "SPOLA"),is hereby established.

  I.                   Adjustment of Functions

  1)      Reinforcing law-abiding administration and the work of government legislative affairs that are concerned with urgent and significant problems in economic and social development;

  2)      Reinforcing the functions of directing,supervising and coordinating matters in relation to administrative mediation; and

  3)      Reinforcing the functions in relation to administrative reconsideration and administrative litigation.

  II.                Major functions

  1)      To ensure the implementation of national guidelines,policies,laws and regulations in relation to law-abiding administration,take charge of arrangement,coordination and supervision of affairs in relation to law-abiding administration throughout the province,make studies on new situations and issues arising from law-abiding administration and government legislative affairs,and put forth specific measures and suggestions on promoting law-abiding administration;

  2)      To make overall planning of the legislative tasks of the provincial government,draw up annual plans for the legislative tasks of the provincial government,and ensure and supervise the implementation thereof after approval by the provincial government;

  3)      To draw up or arrange for the drafting of important local rules and regulations,review drafts of local rules and regulations submitted by provincial governmental departments to the provincial government and arrange for suggestion-inviting for drafts of national laws and administrative regulations;

  4)      To undertake tasks of interpreting regulations made by the provincial government,undertake tasks of interpreting local rules and regulations as authorized,coordinate the contradictions and conflicts in the implementation of laws,rules and regulations,and give direction to the implementation of relevant laws,rules,regulations and regulatory documents;

  5)      To undertake review and filing of regulatory documents made by municipal (or prefectural) governments and provincial governmental departments,submit administrative regulations made by the provincial government to the State Council and the Standing Committee of the People’s Congress of Sichuan Province for filing,submit regulatory documents made by the provincial government to the Standing Committee of the People’s Congress of Sichuan Province for filing,and undertake review of the legality of regulatory documents,significant decisions and important administrative measures made by the provincial government before promulgation;

  6)      To supervise and direct the review and classification of regulatory documents throughout the province,arrange for the classification of administrative regulations and regulatory documents made by the provincial government,compile collections of administrative regulations and arrange for and review the English translations of administrative regulations made by the provincial government.

  7)      To supervise administrative law-enforcement in accordance with law,and arrange for,coordinate,direct and supervise matters in relation to relatively centralized power of administrative penalties;

  8)      To make studies on the general issues in respect of administrative penalties,administrative permission,administrative coercion,administrative approval,administrative charge,administrative enforcement,administrative reconsideration,administrative litigation,administrative compensation and administrative mediation,propose suggestions to the provincial government on improving work performance and systems in respect thereof,and draw up relevant supporting regulations,documents and replies of comment in respect thereof;

  9)      To direct and supervise work in relation to administrative reconsideration,administrative litigation and administrative compensation,handle cases of administrative reconsideration and administrative compensation filed with the provincial government,act on behalf of the provincial government in cases of administrative litigations,and direct and coordinate the operation of arbitration agencies throughout the province;

  10)  To take the lead in directing,supervising and coordinating matters in relation to administrative mediation throughout the province;

  11)  To arrange for and organize hearings for administrative acts of the provincial government and deal with matters in this regard,and direct and supervise municipal (or prefectural) governmental and provincial governmental acts in relation to the above hearings;

  12)  To be responsible for studies and communication in respect of theories and practices in government legislative affairs,arrange for trainings for cadres in legislative affairs authorities,and carry out publicity and consultancy in respect of government legislative affairs; and

  13)  To undertake other matters assigned by the provincial government. 

  III.             Constitution of the Legislative Affairs Office

  On the basis of the above functions,8 internal offices are set up in the Legislative Affairs Office.

  1)      General Office (Office for Personnel)

  The General Office shall be responsible for official papers and telegrams,conference organizing,confidential documentation,file-keeping,matters in relation to letters and visits from the public,security and confidentiality,as well as coordination of governance affairs,supervision,performance management and logistic services; deal with matters in relation to institutional establishment,personnel management and retired staff; and take charge of the management of the website of government legislative affairs.

  2)      Office for Studies in Government Legislative Affairs

  The Office for Studies in Government Legislative Affairs shall be responsible for studies in respect of theories and practices in government legislative affairs; formulate plans for provincial governmental legislation; be responsible for training of staff for government legislative affairs; and take charge of matters in relation to publicity,press release,open administration and information release in respect of government legislative affairs. 

  3)      Office for Legislative Affairs in Industry,Communications,Finance and Trade 

  The Office for Legislative Affairs in Industry,Communications,Finance and Trade shall undertake matters in relation to legislative affairs in respect of development and reform,economy and information,public finance,communications and transportation,commerce and taxation.

  4)      Office for Legislative Affairs in Agriculture,Forestry and Urban Construction

  The Office for Legislative Affairs in Agriculture,Forestry and Urban Construction shall undertake matters in relation to legislative affairs in respect of land and resources,environmental protection,housing,urban and countryside construction,water conservancy,agriculture and forestry.

  5)      Office for Legislative Affairs in Politics,Justice,Culture and Education

  The Office for Legislative Affairs in Politics,Justice,Culture and Education shall undertake matters in relation to legislative affairs in respect of politics,justice,civil affairs,human resource and social security,education,science and technology,culture,public health,and sports.

  6)      Office for Supervision of Administrative Law-enforcement

  The Office for Supervision of Administrative Law-enforcement shall conduct or arrange for supervision and inspection of administrative law-enforcement in accordance with law; take charge of the annual review and assessment of administrative law-enforcement responsibility in all directly-affiliated departments of the provincial government; coordinate major conflicts and controversies arising from the law-enforcement of municipal (or prefectural) governments and provincial governmental departments; make studies on the general issues involved in law-enforcement and put forth suggestions on improving the supervision of administrative law-enforcement; be responsible for the qualification review of administrative law-enforcement bodies and staff therein throughout the province,as well as the issuance and management of licenses for administrative law-enforcement and supervision throughout the province; draw up planning and annual plans for law-abiding administration throughout the province; reinforce the functions in relation to government legislative affairs involved in law-abiding administration; and undertake matters in relation to hearings for administrative acts of the provincial government.  

  7)      Office for Administrative Reconsideration and Litigations

  The Office for Administrative Reconsideration and Litigations shall direct and supervise matters in relation to administrative reconsideration and administrative litigations throughout the province; deal with cases of administrative reconsideration filed with the provincial government by citizens,corporations or other organizations,and review,in accordance with law,regulatory documents involving administrative reconsideration; deal with cases of administrative litigation involving the provincial government; deal with cases of administrative compensation filed with the provincial government; direct and coordinate the operation of arbitration agencies throughout the province; and direct,supervise and coordinate matters in relation to administrative mediation throughout the province.

  8)      Office for Filing and Review

  The Office for Filing and Review shall undertake filing and review of the administrative regulations made by Chengdu Municipal Government and the regulatory documents made by municipal (or prefectural) governments and provincial governmental departments; submit administrative regulations made by the provincial government to the State Council and the Standing Committee of the People’s Congress of Sichuan Province for filing,and submit regulatory documents made by the provincial government to the Standing Committee of the People’s Congress of Sichuan Province for filing; direct and supervise the filing,review,classification and registration of the regulatory documents made by administrative organs throughout the province; take charge of the registration,numbering and promulgation of regulatory documents released by provincial governmental departments; compile collections of administrative regulations of Sichuan Province and review the English translations of administrative regulations made by the provincial government; take charge of the legal review of regulatory documents to be promulgated by the provincial government; and review,assess and direct matters in relation to applications for relatively centralized power of administrative penalties.

  The Party Committee of the Office shall be responsible for work in relation to Party-and-mass relationship.

  IV.              Personnel and Number of Leaders

  The Legislative Affairs Office is to have 41 staff,including one Director and 2 Deputy Directors. Party secretaries are to be appointed by the CPC Sichuan Provincial Committee. The Legislative Affairs Office is to have 8 officials of leading roles of divisions or equivalents and 8 officials of assisting roles of divisions or equivalents.

  The Legislative Affairs Office is to have 2 officials under separate administration,and 1 official under separate administration transferred from military forces.

  The Legislative Affairs Office is to have at most 4 employees for logistic purpose.

  V.                 Supplementary Provisions

  These provisions are subject to the interpretations and adjustment by the Commission of Institutional Organization of the CPC Sichuan Provincial Committee in accordance with specified procedures.

  Address: No.30,Duyuan St.,Chengdu

  Postal Code: 610016

  Tel: 86604145

  Fax: 86605882

 
 
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