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Rules of Guangzhou Municipality on the Work of Sub-district Offices
(Issued on June 13, 2006 in accordance with Decree No. 2 of the People’s Government of Guangzhou Municipality, amended for the first time on July 1, 2015 in accordance with Decree No. 126 of the People’s Government of Guangzhou Municipality and amended for the second time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)
Chapter I General Provisions
Article 1 These Rules are formulated in accordance with the Organic Law of the Local People’s Congresses at All Levels and Local People’s Governments at All Levels of the People’s Republic of China, on the basis of the actual conditions of the Municipality and with a view to strengthening the establishment of sub-district offices in the Municipality, regulating the duties and working mechanisms of sub-district offices, and making full use of sub-district offices in urban operation.
Article 2 Sub-district offices, as the representative offices of district people’s governments, shall work under the leadership of district people’s governments.
Article 3 The work of sub-district offices shall be based on lawful government administration, coordinated management, consistency of power and responsibility, and efficiency and convenience.
Article 4 District people’s governments are responsible for supervising, guiding, and assessing the work of sub-district offices, and planning on an overall basis and coordinating the administrative law enforcement, administrative entrustment and other relevant matters of government sectors with respect to sub-district work.
Chapter II Organization and Funding
Article 5 The setup, change or cancellation of a sub-district office shall be based on the geographical condition and population distribution status for effective administration and convenience.
The setup, change or cancellation of a sub-district office shall be reported by the municipal civil affairs authority to the municipal people’s government for approval, after being reported by the competent district people’s government to the municipal civil affairs authority for review.
Article 6 The organizational structure arrangement of a sub-district office shall be unified, streamlining and efficient and shall be reported by the organizational structure arrangement authority to the municipal people’s government for approval.
Article 7 The funds of a sub-district office shall be included into the fiscal budget of the competent district people’s government.
A sub-district office shall not start up any enterprise or market, nor shall it engage in any other profit-making activities.
Article 8 Municipal and district people’s governments shall gradually improve their respective financial transfer payment systems and increase their respective investments in urban management and community construction.
Article 9 Any entity that entrusts any administrative management matter to any sub-district office under Article 24 herein shall approve and appropriate to the sub-district office special funds for management of the entrusted matter, which are to be used for the special expenditures for the entrusted matter.
Chapter III Work Responsibilities
Article 10 A sub-district office shall publicize, implement and execute the laws, regulations, rules and the decisions, orders and instructions of municipal and district people’s governments, and carry out residential work, community services, social management and urban management work within the area under its jurisdiction.
Article 11 A sub-district office shall perform the following responsibilities with respect to residential work:
(1) Legally supporting, directing and helping residents’ committees in carrying out organizational construction, system construction and other work;
(2) Legally assisting departments of civil affairs in carrying out work with respect to the election of residents’ committees;
(3) Legally safeguarding the autonomy right of residents’ committees in residential areas, and assisting district people’s governments in providing necessary conditions for the normal work of residents’ committees; and
(4) Other work responsibilities required by laws, regulations and rules and legally delegated by higher people’s governments with respect to residents.
Article 12 A sub-district office shall perform the following responsibilities with respect to community service work:
(1) Formulating community service development plans in accordance with municipal and district economic and social development plans, establishing and improving community service facilities, rationally allocating community service resources, and adapting to the multi-level service needs of community residents;
(2) Assisting relevant authorities in social assistance, social security and social welfare work;
(3) Organizing teams of community volunteers, mobilizing and guiding entities and residents to set up community service undertakings, and providing a series of services for the convenience and benefit of residents;
(4) Taking charge of organizing and guiding community education, science popularization, culture, sports, health and other work; and
(5) Other responsibilities required by laws, regulations and rules and legally delegated by higher people’s governments with respect to community services.
Article 13 A sub-district office shall perform the following responsibilities with respect to the social management work within the area under its jurisdiction:
(1) Taking charge of coordinating and organizing the comprehensive management of public security, the people’s mediation and the maintenance of social stability within the area under its jurisdiction;
(2) Legally taking charge of population and family planning work, and implementing population and family planning implementation plans;
(3) Assisting relevant authorities in such work as employment and social administration of retirees;
(4) Gathering problems reported by residents within the area under its jurisdiction, accepting letters and visits from residents, reporting the opinions and requirements of residents and entities within the area under its jurisdiction to higher people’s governments on a timely basis, and organizing, assisting or urging relevant authorities to solve such problems;
(5) As entrusted by relevant government sectors, taking charge of temporary residence registration, information gathering, report of migrants and other management and service work;
(6) As entrusted by relevant government sectors, taking charge of such housing lease management work as housing lease registration and filing;
(7) Assisting relevant authorities in civil affairs, military service and militia affairs, settlement of demobilized soldiers, civil air defense affairs, overseas and Taiwan affairs, ethnic and religious affairs, supporting the army and giving preferential treatment to the families of revolutionary soldiers and martyr, census, grass-roots statistics, law publicity, employment monitoring, social insurance, emergency rescue and disaster relief, funeral reform, youth education, drug control, elimination of pornography and illegal publications, education of released persons, and so on; if any problem is found, the sub-district office shall promptly notify relevant authorities thereof for disposal;
(8) Legally formulating and implementing the emergency response plans for the sudden public incidents within the area under its jurisdiction;
(9) In the case of a sub-district covering any rural areas or collective economic associations, taking charge of directing, supporting and helping villagers committees and collective economic associations, coordinating and administering rural affairs, and developing rural collective economy; and
(10) Other responsibilities required by laws, regulations and rules and legally delegated by higher people’s governments with respect to social management.
Article 14 A sub-district office shall perform the following responsibilities with respect to the urban management work within the area under its jurisdiction:
(1) Complying with the decisions, orders and instructions issued by higher people’s governments with respect to urban management;
(2) Taking charge of the environmental sanitation and environmental remediation work for residential areas, streets and lanes within the area under its jurisdiction, and organizing and urging entities and residents within the area under its jurisdiction to carry on patriotic health campaigns;
(3) Maintaining urban environment and urban order within the area under its jurisdiction, and dissuading people from any illegal construction, illegal road occupation, illegal change of the function of buildings, undocumented or unlicensed business operation, business operation by occupying roads, illegal medical practice, construction in violation of regulations and rules, or violation of any regulation regarding work safety, fire safety, urban appearance and environmental sanitation, greening management, environmental protection, market management, public facilities management, etc.; if anyone refuses to make correction, the sub-district office shall promptly notify relevant authorities for disposal;
(4) Assisting relevant authorities in legally supervising the property management work carried out by property management enterprises within the area under its jurisdiction, and assisting relevant authorities in dealing with the contradictions and complaints between property management enterprises and owners’ committees, between owners’ committees and owners and among owners;
(5) Other responsibilities required by laws, regulations and rules and legally delegated by higher people’s governments with respect to urban management.
Chapter IV Working Mechanism
Article 15 A sub-district office shall practice a director-based accountability system.
Sub-district offices shall establish a director working meeting system.
Article 16 A sub-district office shall practice openness of government affairs, and implement e-Government progressively.
A sub-district offices shall disclose covered affairs, basis for handling, procedures, materials required for affairs, charging standards, persons in charge and promised deadlines at office places and on public information networks.
Article 17 For discovery or receipt of any report or complaint from any resident within the area under its jurisdiction with respect to any matter requiring notification to relevant authorities for disposal under Chapter III herein, the sub-district office shall register it, promptly investigate and verify it, and put a stop to illegal acts. If the fact is established through investigation, then the sub-district office shall notify the district people’s government sector in writing, by phone or fax or in any other form that may be filed for reference, either within 24 hours thereafter, or immediately when the situation is urgent.
Except as otherwise provided for in laws, regulations and rules, the district people’s government sector shall, within 2 working days after receipt of such a notification from the sub-district office, initiate handling procedures, or shall immediately handle it when the situation is urgent. In the case of a matter that needs to be dealt with by a competent department under the municipal people’s government, the notification shall be promptly given to the competent department under the municipal people’s government. The district people’s government sector shall promptly feed back the progress of handling to the sub-district office.
The sub-district office shall promptly notify the informer or complainant, as the case may be, of the progress of handling of the matter involved.
Article 18 Upon receipt of such a notification from the sub-district office, if the government sector determines that the matter does not fall within its responsibility, it shall promptly notify the relevant authority; if no relevant authority can be identified, the government sector shall report it to the district people’s government to identify the relevant authority.
In the case of a matter that can be accepted by several authorities, the authority receiving such a notification shall handle it. If the authority receiving such a notification is not the major authority, it shall notify such a major authority within 24 hours thereafter.
Article 19 A sub-district office shall coordinate and supervise the administrative law enforcement work of the offices dispatched by government sectors to the sub-district.
When assessing dispatched agencies in the sub-district, the government sector shall solicit opinion from the sub-district office.
Before appointing, removing, rewarding, punishing or transferring the principal of any dispatched agency in the sub-district, the department shall solicit opinions from the sub-district office.
Article 20 Where the law enforcement by a government sector requires assistance from any sub-district office, the government sector shall promptly notify the sub-district office thereof. The sub-district office shall designate specific personnel to be responsible for providing assistance, and register the information on assistance.
Where the sub-district office fails to provide any assistance that should be provided, the competent department shall report it to the district people’s government. Where the district people’s government determines that the sub-district office is obliged to provide such assistance, the district people’s government shall order the sub-district office to provide such assistance, and take the information on assistance as an important basis for such rewards and punishments given to the sub-district office.
Article 21 Each sub-district office has the powers to command and control, assess the work of and recommend personnel to the urban management and comprehensive law enforcement squadron in the sub-district. The urban management and comprehensive law enforcement squadron shall obey the command and control of the sub-district office, and accept the work assessment by the sub-district office.
Each sub-district office has the power to coordinate and assess community police services, and the personnel recommendation power with respect to the appointment and removal of the person in charge of the local public security police station; before appointing or removing the person in charge of the local public security police station, the competent public security organ shall solicit opinion from the sub-district office.
Article 22 Each sub-district office has the right to be informed about the project construction within the area under its jurisdiction. After receiving the building permit, the project developer shall display it at the location of the project. The sub-district office shall promptly feed back to relevant authorities the opinions collected.
Article 23 No municipal people’s government sector may directly assign tasks to any sub-district office.
Without the approval by a district people’s government, no district people’s government sector may require any sub-district office to set up any temporary agency or directly assign tasks to any sub-district office.
Article 24 The administrative matters permitted by laws, regulations and rules that can be entrusted to a sub-district office may be directly entrusted by district people’s governments according to law. If not prohibited by laws, regulations or rules, other matters for which the entrustment is really necessary may be entrusted, but opinions shall first be solicited from the sub-district office and decisions shall be made through deliberation at the working meetings of the district people’s government.
Article 25 For any matter not entrusted, relevant authorities shall not require the sub-district office to make administrative resolution.
No sub-district office may make administrative resolution with respect to any matter not entrusted or any matter beyond the scope of authority.
Article 26 District people’s government sectors shall entrust administrative matters to sub-district offices in written form. The content of such entrustment shall be disclosed to the public.
The entrusting authority shall supervise the sub-district office’s implementation as entrusted, and shall be liable for the legal consequences of the entrusted administrative act according to law. The sub-district office shall assume liabilities under the agreement on entrustment.
Article 27 The content of the letter of entrustment shall include the following terms:
(1) The entrusting party’s and the entrusted party’s names;
(2) The entrusted matter;
(3) The delegated authority;
(4) The specific requirements of the entrusted matter;
(5) The funds for the entrusted matter;
(6) The responsibilities for the entrusted matter;
(7) The period of such entrustment;
(8) The effective date of such entrustment.
Article 28 A sub-district office shall, on a regular basis, hold joint meetings with the persons in charge of the sub-district office, in charge of relevant entities within the administrative area, in charge of agencies dispatched by government sectors to plan on an overall basis and coordinate the social affairs of each entity within the area under its jurisdiction.
Article 29 A sub-district office shall accept the supervision by residents in the sub-district.
Citizens, legal persons or other organizations may give criticism and make suggestions with respect to the work of sub-district offices.
Chapter V Administrative Liabilities
Article 30 Municipal and district people’s government shall give recognition to those sub-district offices and their functionaries who have carried out administration according to law, performed their official duties earnestly and honestly and made outstanding achievements.
Article 31 Where any sub-district office violates these Rules and involves any of the following circumstances, the competent supervisory organ shall impose a circulated notice of criticism and/or an administrative sanction on the leader in charge and the person directly responsible therefor:
(1) In violation of the provisions of the second paragraph of Article 7 herein, illegally founding an enterprise or market and engaging in any other profit-making activities;
(2) In violation of the provisions of Article 17 herein, failing to perform the duties of registration, investigation and verification or notification;
(3) In violation of the provisions of Article 20 herein, failing to perform the duty of providing assistance;
(4) In violation of the provisions of the second paragraph of Article 25 herein, making administrative resolution without entrustment or beyond the scope of powers;
(5) In violation of the provisions of Article 28 herein, failing to establish a relevant system; or
(6) Otherwise failing to perform such official duties as required by laws, regulations and these Rules.
Article 32 Where any department under the municipal people’s government or under any district people’s government violates these Rules and involves any of the following circumstances, the competent supervisory organ shall impose a circulated notice of criticism and/or an administrative sanction on the leader in charge and the person directly responsible therefor:
(1) In violation of the provisions of Article 17 or 18 herein, failing to perform duties of administrative resolution or information feedback;
(2) Violating the provisions of Article 9, 24, 25, 26 or 27 herein when performing the entrustment; or
(3) Otherwise failing to perform such official duties as required by laws, regulations and these Rules.
Chapter VI Supplementary Provisions
Article 33 Municipal and district people’s governments may formulate the rules on implementation of these Rules, when needed.
Article 34 These Rules shall come into force on July 1, 2006.