湖北省司法厅

Decree of the People’s Government of Hubei Province

No. 399

The Decision of the People's Government of Hubei Province on the Issues Concerning the Adjustment of the Functions of Administrative Bodies Prescribed by the Provincial Government Regulations for the Institutional Reform of the Provincial Government, as deliberated and adopted at the Executive Meeting of the Provincial People’s Government on December 3, 2018, is hereby promulgated and shall come into force as of the date of promulgation. 

Provincial governor: Wang Xiaodong

December 25, 2018

Decision of the People's Government of Hubei Province on the Issues Concerning the Adjustment of the Functions of Administrative Bodies Prescribed by the Provincial Government Regulations for the Institutional Reform of the Provincial Government

In order to implement the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee, adjust the functions and work of administrative bodies prescribed by the provincial government regulations in a balanced and orderly manner, ensure lawful performance and implementation of functions and work of administrative bodies, as well as optimize, coordinate and promote the efficiency of structuring government bodies and distributing functions, the following decisions are hereby made for the adjustment of functions of administrative bodies prescribed by the provincial government regulations for the institutional reform of the provincial government in accordance with the Hubei Provincial Institutional Reform Plan approved by the CPC Central Committee and principles stipulated by the Decision of the State Council on Issues concerning the Adjustment of the Functions of Administrative Bodies Prescribed by Administrative Regulations for the Institutional Reform of the State Council (G. F. [2018] No. 17):

I. Administrative bodies' functions and work, which are prescribed by the current provincial government regulations and to be performed by the newly established administrative bodies or designated responsible administrative bodies as determined by the Hubei Provincial Institutional Reform Plan, shall be adjusted in line with relevant provincial government regulations before they are amended or abolished, and be performed by concerned newly established administrative bodies or designated responsible administrative bodies. Before required adjustment is made, concerned functions and work shall be performed by originally responsible administrative bodies.

Any necessary adjustment of the functions and work that are prescribed by the provincial government regulations and performed by administrative bodies at the municipal or autonomous prefectural levels shall be made in accordance with above principles.

II. Where the provincial government regulations stipulate that the higher-level administrative bodies shall take charge of relevant approval, recording, reconsideration, management, supervision and guidance for the lower-level administrative bodies, if the duties of the higher-level administrative bodies have been adjusted yet the duties of the lower-level administrative bodies have not been adjusted, the relevant functions such as management, supervision and guidance shall be performed by the higher-level administrative bodies determined by the Hubei Provincial Institutional Reform Plan.

III. Where the implementation of the Hubei Provincial Institutional Reform Plan requires the formulation, revision or repeal of provincial government regulations or the decision-making by the provincial government, relevant departments of the provincial government shall promptly provide opinions and suggestions, and the legislative department of the provincial government shall organize the implementation in accordance with legal procedures.

IV. If the implementation of the Hubei Provincial Institutional Reform Plan requires the amendment or abolishment of normative documents, the concerned departments of the provincial government shall promptly sort out, and amend or abolish these documents. Where relevant functions have already been adjusted but provisions concerned have not been amended or abolished in the normative documents stipulated by the administrative bodies that originally perform these functions and work, said functions and work shall be performed by the administrative bodies taking over the same.

V. Administrative bodies at all levels shall, through careful organization and arrangement, ensure that administrative bodies perform their statutory duties, carry out their work in a continuous, stable, and effective manner and pay special attention to key jobs involving people's livelihood, emergency response, and work safety. The higher-level administrative bodies shall strengthen supervision and guidance for the lower-level administrative bodies. The departments that are assigned with new functions and the departments from which original functions are excluded shall proactively coordinate with each other to strengthen cooperation and prevent work discontinuance, prevarication and disputes, inaction and misconduct so as to effectively safeguard the legitimate rights and interests of citizens, legal persons, and other organizations.