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Regulations of Shanghai Municipality on Sub-district Offices
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| (Adopted at the 33rd Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on January 15,1997) Article 1 The present Regulations are formulated in accordance with the provisions laid down in the "Law of the People' s Republic of China for the Organization of the Local People' s Congress and the Local People' s Government at Various Levels" and other relevant laws and regulations and in the light of the actual conditions of this municipality, to improve administration at the Sub-district Office levels, to make the Sub-district Offices function more effectively, and to strengthen the ties between the government and the masses. Article 2 A Sub-district Office is an agency of the District People's Government. It exercises under the leadership of the District People's Government and in accordance with the provisions of relevant laws and regulations appropriate administrative powers within its jurisdiction. Article 3 The Sub-district Office shall focus on neighborhood management and community service, on the building up of a socialist material civilization and spiritual civilization, and on the creation of stable, united, and civilized communities that provide a secure, clean and tidy environment and the necessary conveniences for living. Article 4 In establishing, reorganizing, or canceling Sub-district Offices the regional conditions and distribution of inhabitants shall be considered in order to facilitate the establishment of contact with the masses and the carrying out of effective administration. The establishment, reorganization, or cancellation of Sub-district Offices shall be proposed by the District People's Government and be submitted to the Municipal civil Affairs Bureau for examination and approval, and then to the Municipal People's Government for final approval. Article 5 The Sub-district Office shall have one director and several deputy directors. The directors and deputy directors shall be appointed by the District People's Government. Article 6 On the principle of "small but efficient" the Sub-district Office shall set up under it sections respectively in charge of social development, civil administration, integrated prevention and control of crimes, social security and financial affairs, etc. The establishment, reorganization, and cancellation of the sections of the Sub-district Office shall be proposed by the Sub-districts Office and be submitted to the District People's Government for approval. Article 7 The District People's Government shall be responsible for the supply of funds and office space necessary for the function of the Sub-district Office in accordance with relevant regulations of the State and Shanghai Municipality. Article 8 The Sub-district Office shall be responsible for: 1.Directing and assisting the organization of neighborhood committees and the formulation of rules and regulations for their work, etc.; 2.Sponsoring and organizing community service activities; 3.Sponsoring social welfare activities and providing aid and other forms of social security; 4.Establishing and managing sub-district supervisory terms; 5.Sponsoring activities for family planning, environmental protection, public health, and the dissemination of scientific knowledge, and other educational, cultural and sport activities; 6.Protecting the legitimate rights and interests of the elderly, the minors, the women, the disabled, the returned overseas Chinese, the relatives of overseas Chinese, and the minority nationalities; 7.Organizing and implementing a comprehensive plan for maintaining law and order, working for public security and mediating in people's disputes; 8.Sponsoring activities to support the army and to give preferential treatment to families of revolutionary soldiers and martyrs, and assisting in the mobilization for national defense and in enlisting military servicemen; 9.Participating in the examination and supervision of the construction of public buildings for housing development or renovation projects, helping make sure that accessory facilities to municipal works are completed and participating in the inspection of these facilities, and assisting relevant departments in managing and supervising the uses of such buildings and facilities; 10. Participating in the work of prevention of natural disasters and providing relief for victims of such disasters; 11. Administering the floating population; 12. Directing economic work of the neighborhood communities; 13. Reporting the suggestions and requests of the residents to the District people's Government, and handling people's grievance letters and grievance visits in an appropriate way; and 14. Handling other matters entrusted to it by the District People's Government. Article 9 The director of the Sub-District Office shall take full responsibility for its work. The director shall be responsible for the overall management of the Sub-district Office. His chief duties include: 1.Implementing the various kinds of work as provided by Article 8 of the present Regulations; 2.Convening and presiding over Sub -district Office administrative meetings; 3. Being in charge of the appointment, removal, training, examining, rewarding and penalizing of staff members in the Sub-District Office; and 4. Making decisions for other major issues of the Sub-district Office The deputy directors of the Sub-District Office shall assist the director in his work. During the absence of the director one of the deputy directors shall act in his place and perform his duties. Article 10 The Sub-District Office shall set up subdistrict supervisory teams. The subdistrict supervisory teams shall act under the leadership of the Sub ¨CDistrict 0ffice while at the same time take professional instructions and be subjected to supervision from relevant administrative departments. To violators of municipal laws and regulations with respect to city appearance, city sanitation, environmental protection, municipal facilities and green belts, or people who, without valid permits, erect buildings, set up retail stands, pile up things in public space or take up road space, the subdistrict supervisory teams shall order them to correct and rectify their wrongdoings. If the wrongdoer is an institution, a disciplinary warning and/or a fine of no more than 1,000yuan maybe imposed in accordance with law. If the wrongdoer is an individual person, a disciplinary warning and/or a fine of no more than 50 yuan may be imposed. The subdistrict supervisory teams shall also have the power to seize and hold temporarily unlawful goods or unlawful gains, and demolish unlawfully erected buildings. For violations beyond their power to penalize, the subdistrict supervisory team shall turn over the cases to relevant administrative departments. If the penalized party refuses to submit himself or herself to the sanctions or administrative measures taken by the subdistrict supervisory team, he or she may apply for administrative reconsideration by relevant district administrative departments or bring an administrative action directly in the people's court. Members of the sub-district supervisory team shall undergo training and acquire a valid certificate before they take up their duty. They shall exercise their management power and impose administrative sanctions in compliance with prescribed rules of procedure. They shall not be derelict of duty or abuse their power, nor shall they commit fraudulent acts for personal gains. The rules of organization, the working regulations, and the implementation plan of the sub-district supervisory team, as well as division of work and responsibilities between it and other administrative and law enforcement departments, and the rules of administrative sanctions against individual persons or institutions that violate municipal administrative laws and regulations, shall be stipulated separately by the Municipal People's Government. Article 11 The Sub-district Office shall have the power to organize and coordinate within its jurisdiction the enforcement of law by offices for public security, for industry and commerce, and for taxation. It shall support and cooperate with the sub-district supervisory teams in their law enforcement activities. The Sub-district Office may convene joint community meetings with the participation of all relevant institutions within its jurisdiction to discuss the construction of the neighborhoods and community services, and to coordinate activities related thereto. Article 12 The Sub-district Office shall have the power to voice opinions and make suggestions with regard to the appointment, removal, transfer, examination, reward and punishment of those in charge of the branch offices of relevant departments of the district people's government. When the relevant departments make decisions with regard to these above- mentioned matters, they shall consider the opinions and suggestions of the Sub-district Offices. Article 13 The Sub-district Office may convene meetings of the directors of the neighborhood committees or directors of relevant sub-committees of the neighborhood committees to review and direct their work. Article 14 The Sub-district Office shall, through the neighborhood council, exchange opinions and hold consultations on major issues of regional, social and mass interest, listen to criticisms and suggestions, and subject itself to the supervision of the neighborhood council, which shall consist of representatives recommended by the residents and institutions within the jurisdiction of the Sub-district Office. Article 15 The Sub-district Office shall organize the institutions and residents within its jurisdiction in accomplishing the following: 1.Establishing and perfecting the network of community service, offering community services and improving the life of the residents; 2.Sponsoring cultural, educational, sport and recreational activities, spreading knowledge of science and law and improving the civic qualities of the residents; 3.Planting and protecting trees, keeping the neighborhoods clean and tidy and improving living conditions; 4.Perfecting a system of crime prevention and establishing a peaceful and stable social order; and 5.Other work concerning the construction of the neighborhoods. The Municipal Government and the District People's Government shall include the construction of the neighborhoods in their plan for economic growth and social development. The relevant departments under the Municipal Government and the District People's Government shall support all works concerning the construction of the neighborhoods. Article 16 The -Sub-district Office shall abide by and act on the laws and regulations. If the Sub-district Office makes wrong decisions or violates the law, the District People's Government shall address and correct the mistakes and violations in a timely fashion, and shall, depending on the seriousness of the case, educate, criticize or take disciplinary actions against the persons in charge or directly responsible for such mistakes and violations. Article 17 The Municipal Civil Affairs Bureau shall be responsible for the interpretation of the present Regulations with respect to their application. Article 18 The present Regulations shall become effective on March 1,1997. |
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