Regulations of Shanghai Municipality on Sub-district Offices

(July 29, 2021)

Article 1

With a view to enhancing the construction of sub-district offices, normalizing and securing the performance of the sub-district offices according to law, enhancing public service and management, and strengthening the ties between the government and the masses, these Regulations are formulated in accordance with the provisions of the Organic Laws of the Local People’s Congress and the Local People’s Government at Various Levels of the People’s Republic of China and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2

A sub-district office is an assigned agency of the district people’s government. It performs its appropriate governmental service and management functions within its jurisdiction according to law.

The district people’s government shall strengthen the organizational construction, system construction and team building of sub-district offices, and provide support and guarantee for sub-district offices to perform their duties according to law.

The functional departments of the Municipal People’s Government shall actively participate in and support grass-root governance working, create conditions for sub-district offices to perform their duties according to law, empower and increase efficiency, and effectively help grass roots to solve difficulties and problems.

Article 3

The sub-district office shall perform its functions under the leadership of Sub-District Working Committee of the Communist Party of China，in accordance with the principle of definite function, symmetry of power and responsibility, harmonious operation, forceful guarantee, and high efficiency with law-abiding.

Article 4

In establishing, reorganizing or canceling sub-district offices, the regional conditions and distribution of inhabitants shall be considered, to facilitate the easy contact with the masses as well as the effective administration and service, the establishment, reorganization or cancellation of sub-district offices shall be proposed by the district people’s government, examined and verified by the Municipal Civil Affairs Bureau and then submitted to the Municipal People’s Government for final approval.

Article 5

The sub-district office shall perform the following functions within the jurisdiction, with the focus on the public service, public management, and public security:

1. planning and implementing the important decisions and construction scheme of the community, taking part in the formation of planning in public service facilities construction within the jurisdiction, pushing forward sound, orderly, and sustainable development within the jurisdiction;

2. organizing and implementing public services in health, culture and sports, community education, caring for the aged that are closely related to daily life of inhabitants; implementing relevant policies such as human resources and social security, civil administration, and family planning;

3. coordinating regional, social and mass affairs such as municipal administration, population control, social administration, security management, residential quarter and housing management and emergency management within the jurisdiction in an all-sided way;

4. optimizing the business environment, overall coordinate all kinds of forces and resources within the jurisdiction to do a good job in business settling and stabilizing work and market entities services;

5. carrying out the relevant administrative law enforcement work according to law;

6. organizing and implementing mass supervision and social supervision on various professional law enforcement work;

7. mobilizing social forces to take part in community management, integrating social forces within the jurisdiction to form joint synergy for joint governance, to serve community development, and push forward the community public welfare charities;

8. guiding the construction of grass roots mass self-governance organizations as residential committee, perfecting autonomy platform, organizing people and units to take part in community construction and management;

9. maintaining social public order and comprehensive management within the jurisdiction, reflecting social conditions and public opinions, mediating the contradiction and dispute, keeping safety in the community;

10. perfecting national defense education and military service work; and

11. other functions prescribed by laws, rules and regulations, and other items assigned by district people’s government.

The functions to be undertaken by the functional departments of the municipal, district people’s government in accordance with laws, rules and regulations shall be undertaken by the said municipal and district functional departments in a strict and lawful way.

The district people’s government shall define the duties and functions of the sub-district office and formulate lists of administrative power and responsibility for the sub-district office according to the function orientation of the sub-district office.

Article 6

In line with the principle of simplification and efficiency, the sub-district office shall set up under it the working bodies respectively in charge of community service, community administration, community autonomy, community safety.

The district people’s government shall allocate administrative establishment and public institution establishment of the sub-district office according to the actual conditions and working requirement in terms of its area and population scale.

Article 7

The sub-district office shall implement a director-responsibility system. The director and vice director shall be appointed by the district people’s government.

Article 8

The sub-district office shall formulate and perfect internal management rules, define the working procedures such as discussion, decision-making and execution, and set up working system of job responsibilities, business training, and appraisal and reward, as required by these Regulations.

Article 9

The sub-district office shall, in accordance with the need of function performing, set up or rely on related service management agencies and platform to provide community affairs reception, services in public culture, public health, to carry out municipal grid management and social security comprehensive administration etc. for the community residents.

Article 10

The sub-district office shall carry out administrative law enforcement according to law, and the specific work shall be undertaken by the comprehensive administrative law enforcement agencies affiliated to the sub-district office. The list of administrative law enforcement matters shall be formulated by the Municipal People’s Government and announced to the public.

The sub-district office shall strengthen law enforcement capacity building, carry out administrative law enforcement activities in accordance with the prescribed scope and legal procedures, and enforce the law in a strict, standard, fair and civilized way.

Article 11

This Municipality shall set up the access permission mechanism for the functional departments of the municipal or district people’s government to entrust or hand over administrative affairs within the scope of their official duties to the sub-district offices for execution; without review and approval, the functional departments of the government shall not hand over the administrative affairs within the scope of their duties to the sub-district offices to undertake by way of signing the responsibility form, decomposing and issuing indicators, checking and accepting, and setting up "one-vote veto" matters.

When drawing up local rules and governmental regulation drafts, and formulating normative documents and other documents, in case that there is necessity to entrust or hand over the said administrative affairs within the scope of official duty to the sub-district office for execution, the functional departments at municipal level shall give a special explanation or listen to the opinions of related departments, district people’s government, and sub-district office, and report for approval according to regulated procedures.

The district people’s government shall set up the examining mechanism for the functional departments at district level to entrust or hand over administrative affairs within the scope of official duty to the sub-district office for execution, and listen to the opinions of the sub-district office in the process of examining.

The functional departments that entrust or hand over administrative affairs within the scope of official duty to the sub-district office for execution after review and approval shall simultaneously provide relevant supporting measures to the sub-district office, and confer to it the administrative powers of duty performing, personnel appointment and removal, assets and funds etc,.

Article 12

In regard to the clear law enforcement and management items, the functional departments of the municipal, district people’s government and their assigned agencies shall perform the functions according to law; the sub-district office shall conduct coordination and supervision according to law.

The functional departments of the municipal, district people’s government shall set up active working mechanism of servicing grass roots units and support, cooperate with the sub-district office in performing the service and management functions.

The degree of satisfaction of the masses and the opinions of sub-district offices shall be considered as important basis in assessment of functional departments by the district people’s government and in assessment of the assigned agencies and their principals by functional departments of the district people’s government.

Article 13

In regard to the comprehensive affairs to be solved with multi-sectional cooperation within the jurisdiction, the sub-district office shall have the power to plan and coordinate, assess and supervise the related functional departments and their assigned agencies according to the principle of function localization and jurisdiction benefit.

The sub-district office shall call joint meetings, participated by governmental functional departments and their assigned agencies to coordinate and solve various affairs of public service, management and safety.

In case that the problems of city management, market supervision, street safety are found on an inspection parole, the comprehensive management platform for urban operation, affiliated to the sub-district office, shall process a dispatch, supervise and handle, check, guide and coordinate in a timely manner with the agencies of related functional departments to deal with them without delay.

The city management and law enforcement, public security, market supervision and such law enforcement and management agencies, shall strengthen coordination, accept the dispatch from the comprehensive management platform for urban operation, feedback the handling information without delay, and accept the supervision and inspection.

Article 14

The municipal, district people’s government and their functional departments shall take advice of the sub-district office while formulating the construction schemes for community construction and its public service facilities related to the sub district, and discussing important decisions, important items concerning the benefit of masses within the sub district jurisdiction, and shall feedback the handling information to the sub-district office in a timely manner.

Article 15

Oriented by serving masses and offering convenience, the sub-district office shall integrate community public resources, perfect public servicing network，innovate the supply mode of public service, strengthen accessibility to basic public service, and upgrade the basic service level of the community.

The functional departments of the municipal, district people’s government shall, according to the requirement of equalization of basic public service, formulate criteria, organize business training, configure resources in a reasonable way, to provide support and guarantee to the sub-district office.

Article 16

In regard to the public service and management affairs with undefined responsible departments, concerned and reported by masses, the sub-district office shall listen to appeals from masses carefully and coordinate with the functional departments at district level and their assigned agencies in finding a solution; the items unsettled after coordination or items that are not within the scope of the coordination duty of the sub-district office shall be reported to the district people’s government without delay.

Article 17

The sub-district office shall mobilize social forces such as enterprises and public institutions，community organizations and residents within the jurisdiction to take part in community governance, and support people’s organizations, mass activity groups and volunteers to carry out activities and serve the community development according to law.

The sub-district office shall assist social organizations in daily life service, public welfare charity, recreational and sports activities and disputes mediation of the community, and through cooperation with social organization and purchasing their service, deliver the suitable public service and public items to social organizations.

Article 18

The sub-district offices shall implement the requirements of people's democracy in the whole process, establish and perfect the grass roots democratic consultation mechanism, support NPC deputies' homes, NPC deputies' liaison stations, NPC deputies' contact points and grass roots legislative contact points to play the platform role in contacting the masses, and in the form of community delegates meeting or community committee, organize enterprises and public institutions, community organizations and residents within the jurisdiction to make communications and coordinate the community public affairs, related to the vital interests of masses and sustainable development of the community, listen to their opinions and suggestions.

The sub-district office may invite related governmental functional departments to attend the community delegates meeting or community committee as nonvoting delegates, as needed by the issues under discussion to push forward the settlement of the related community issues .

Article 19

The sub-district office shall promote setting up and perfecting the administration system of residential quarters, and formulating relevant supporting mechanism in the aspects of human resource, funds, and public service facilities.

The sub-district office shall guide residential committee and other grass roots mass self-governance organizations to formulate and carry out self-governance activities in accordance with autonomy regulations, through business training, setting up mass assessment mechanism, introducing professional social organization etc., and enhance their self-governance abilities .

The sub-district office shall implement normative managerial system of the grass roots mass autonomy organizations of residential committee in assisting in administrative affairs and seal using.

The sub-district office shall guide and supervise the establishment and routine operation of owners’ conference and owners’ committee within the jurisdiction according to law.

Article 20

The administrative fund and office occupancy of the sub-district office shall be supported by the district people’s government according to relevant provisions of the State and this Municipality.

Article 21

The departments of public security, market supervision, housing and urban-rural development, planning and resources, civil administration, economic informatization, human resources and social security shall release the basic information of population, legal persons, and housing to the sub-district office, and realize information sharing of business data between functional departments at the sub district level.

Article 22

The district people’s government shall deploy working staff team, suitable for sub district scale and job demand, to undertake relevant public service and management according to relevant provisions of the State and this Municipality.

The district people’s government and the sub-district office shall strengthen routine management，professional training, appraisal, rewards and punishment of the community staff.

This Municipality shall set up post hierarchy of the community working staff, and have salary system connected with their grades and performance.

Article 23

The district people’s government shall set up and perfect the work assessment mechanism of the sub-district office.

In regard to the work assessment of the sub-district office, the appraisal and opinions of the residential committee and other grass roots mass self-governance organization, residents, enterprises and public institutions within the jurisdiction shall be listen to.

Article 24

The functional departments of the municipal and district people’s government and their staff that violate the provisions of these Regulation by arbitrarily handing over administrative affairs within their scope of official duties to the sub-district office by way of signing the responsibility form, decomposing and issuing indicators, checking and accepting and setting up "one-vote veto" matters, refusing coordination and assessment of the sub-district office or failing to take advice of the sub-district office, shall be corrected by the people’s government at the same level and criticized with circulation of a notice; if the case is relatively serious, the people’s government or the supervisory authority at the same levelshall give punishment to directly responsible executive person staff and other directly responsible staff.

Article 25

The sub-district office and or their staff that violate the provisions of these Regulations by failing to lawfully perform official duties in planning community development, public service, comprehensive management, community safety shall be corrected by the district people’s government or the sub-district office and criticized with circulation of a notice; if the case is relatively serious, the district people’s government or the supervisory organization shall give punishment to directly responsible executive staff and other directly responsible staff; if the case constitutes a crime, criminal liability shall be prosecuted.

Article 26

In case that the assigned agencies of governmental functional departments and their staff violate the provisions of these Regulations by failing to lawfully accept dispatch, plan coordination in an overall way, make supervision inspection, or failing to perform official duties in accordance to law, the sub-district office shall put forward a suggestion of handling to the dispatched agency and have it handle the issue according to law; if the case is relatively serious, administrative sanction shall be given; if the case constitutes a crime, the criminal liability shall be prosecuted.

Article 27

These Regulations shall be effective as of November 1, 2016.