Regulation on the Organization Establishment and Staffing Administration of Local People's Governments at All Levels

Regulation on the Organization Establishment and Staffing Administration of Local People's Governments at All Levels

Regulation on the Organization Establishment and Staffing Administration of Local People's Governments at All Levels

Order of the State Council [2007] No. 486

February 24, 2007

The Regulation on the Organization Establishment and Staffing Administration of Local People's Governments at All Levels, which was adopted at the 169th executive meeting of the State
Council on February 14, 2007, are hereby promulgated for effect as of May 1, 2007.

Premier Wen Jiabao

Regulation on the Organization Establishment and Staffing Administration of Local People's Governments at All Levels

Chapter I General Provisions

Article 1 This Regulation is formulated according to the Constitution and the Organic Law on the Local People's Congresses and the Local People's Governments at All Levels for the purpose of regulating the organization establishment of local people's governments at all levels, strengthening the staffing administration, and enhancing the administrative efficacy.

Article 2 The organization establishment, duty allocation and staffing verification of local people's governments at all levels as well as the supervision over and administration of the organization staffing work shall be governed by this Regulation.

Article 3 The organization establishment and staffing administration of local people's governments at all levels shall conform to the requirements of comprehensive, harmonious and sustainable economic and social development, can meet the demands for comprehensive performance of functions, and be governed by the principles of streamlining, unification and high efficiency.

Article 4 The system of the unified leadership of the Central government and the hierarchical administration of local governments shall be implemented to the organization staffing of the local people's governments at all levels.

Article 5 The organization staffing administrative departments of local people's governments at or above the county level shall perform the administrative duties in light of their administrative power, and carry out the guidance of and supervision over the staffing work of the organs at lower levels.

Article 6 The organs established and the staffing verified according to the procedures prescribed by the state are the basis for employing, hiring and transferring functionaries, being manned with leaders and allotting funds.
The people's government at or above the county level shall establish a mutual check mechanism of organization staffing, personnel wages and financial budgets, and shall take into full account the maintenance ability of the public finance when establishing organs and verifying the staffing.
The actual functionaries of an organ shall not exceed the prescribed staffing quotas.
It is prohibited to illegally establish organs or augment the staff. Otherwise, no financial fund may be allotted and no other fund may be misappropriated for it.

Article 7 An administrative organ of the people's government at or above the county level shall not intervene in the establishment and staffing administration of the administrative organs of the people's governments at lower levels, and shall not require any people's government at the lower level to establish an corresponding administrative organ.

Chapter II Organization Establishment Administration

Article 8 The administrative organs of the people's governments at or above the county level shall be comprehensively established on the basis of scientific allocation of their functions, so as to realize the clarification of functions, rational division of duties, streamlined structure, unity of rights and duties and harmony between decision making and implementation.
The administrative organs of the people's governments at or above the county level shall be adjusted at real time as required for the performance of duties.
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