Regulations of Shanghai Municipality on Operation Guarantee for Government Offices

(September 22,2022)

No.129

(Adopted at the 44th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on September 22, 2022)

Chapter I  General Provisions

Article 1

With a view to strengthening and regulating the operation guarantee of government offices, reducing their operation costs, and promoting their effective and orderly operation, these Regulations are formulated in accordance with the relevant laws and administrative rules, and in light of the actual circumstances of this Municipality.

Article 2

These Regulations shall apply to the overall arrangements, guarantee, support, and supervisory administration of resources such as expenses, assets, service and energy required for the operation of CPC organizations, people's congress offices, administrative offices, CPPCC offices, supervisory commission offices, judicial authorities, procuratorates, democratic parties' organs, people's organizations, and public institutions administered according to the Civil Servant Law (hereinafter collectively referred to as “government offices”), unless otherwise provided by laws, rules, regulations and the State.

Article 3

The operation guarantee of government offices in this Municipality shall be under the leadership of the CPC, follow the principles of compliance with laws, rules and regulations, standardized supply, frugality, safety, good order, practicality, high efficiency, openness and transparency, implement coordinated projects, unified standards, management by specialized departments, and resource sharing, and build a government office operation guarantee system characterized by centralized administration, clear powers and responsibilities among various departments, coordination and high efficiency.

Article 4

The municipal and district people's governments shall conduct centralized and unified administration of the operation guarantee of the same-level government offices, and set up government offices administrative departments in accordance with the laws, rules and regulations, centralize the deployment of the guarantee resources, clarify the scope of guarantee, unify the system standards, and promote the standardization and balance of the government offices operation guarantee.

Article 5

The municipal government offices administrative department shall be responsible for formulating policies, rules, and standards on the operation guarantee of government offices in this Municipality, be in charge of the operation guarantee of the same-level government offices, and plan, guide, supervise and administrate the operation guarantee of government offices throughout the Municipality.

The district government offices administrative department shall be responsible for the operation guarantee of the same-level government offices, and guide the operation guarantee of lower-level government offices.

The departments of development & reform, finance, planning and resources, landscaping and city appearance, and ecology and environment, and other relevant departments shall, according to their respective functions and duties, perform their duties relating to operation guarantee of government offices in accordance with the law.

Government offices at all levels shall implement the rules and standards for operation guarantee of government offices, and undertake responsibilities for guaranteeing the operation of their respective offices.

Article 6

This Municipality shall strengthen cooperation and exchanges with other provinces and cities in the Yangtze River Delta region in operation guarantee of government offices, establish cooperation mechanisms such as joint research on government office affairs policies, joint formulation of standards, and information sharing, and explore cooperation in such fields as official travel and energy conservation, so as to provide high-quality service guarantee for regional coordinated development.

Chapter II  Guarantee Items

Section 1  Expense Guarantee

Article 7

The municipal government offices administrative department shall formulate quotas for physical objects and standards for services for government office operation in this Municipality, and make dynamic adjustments in consideration of the actual circumstances.

The finance department shall, according to the quotas for physical objects and standards for services for government office operation and by reference to the market prices of the relevant commodities and services, formulate the standards for its budgetary funds and standards for its relevant expenditures for the operation of the same-level government offices.

Article 8

Government offices at all levels shall, according to the standards for budgets, and in consideration of their respective duties, nature and characteristics and by following the principles of total amount control and strict control, prepare budget funds for the operation of their respective offices.

Where the government offices administrative department, according to its duties, uniformly organizes and implements operation guarantee of government offices such as the maintenance and repair of the offices, logistics service, and energy saving management at the concentrated office premises, the relevant expenses shall be incorporated into the budget of the government offices administrative department.

Article 9

Government offices at all levels shall organize and formulate annual plans for the operation guarantee of government offices, which shall specify the needs of the operation guarantee of government offices, such as the allocation of new assets, major and medium-scale repairs of the office buildings, energy saving renovation, and purchase of logistics service. After the same-level government offices administrative department’s examination and approval of the annual plan for the operation guarantee, the government offices at all levels shall report the relevant budgets to the same-level finance department.

Article 10

The government offices administrative department shall, together with the finance department, the statistics department and other relevant departments, establish and improve the system of statistics and survey of the operating costs of the same-level government offices, and organize statistics, analysis and evaluation of the operating costs regularly.

Section 2  Assets Guarantee

Article 11

The government offices administrative department and the finance department shall, according to their respective functions and duties, be responsible for asset management of the same-level government offices, formulate specific administrative rules, and organize implementation thereof.

Government offices at all levels shall establish and improve the rules on internal control of asset management, be responsible for the use and management and daily maintenance of the assets of their respective government offices, and accept the guidance and supervision of the same-level government offices administrative department and finance department.

Article 12

The finance department and the government offices administrative department shall, according to the relevant provisions, formulate different categories of asset allocation for government offices, specify the quantity, value, grade and minimum service life of the assets, and make adjustments in due course based on factors such as market prices and financial conditions.

The allocation of new assets for governments offices at all levels shall be linked to the exiting assets volume, and give priority to allocating assets through adjustment of the asset distribution. Where such adjustment is impossible, the finance department may arrange budget funds for distributing assets through purchase, construction and leasing.

Article 13

The government offices administrative department shall, according to relevant provisions of the State and this Municipality, adopt a system of centralized and uniform administration of government offices assets. The rights of using buildings, land and official vehicles by municipal and district government offices shall all be registered with the same-level government offices administrative department. With regard to the rights of using buildings, land and official vehicles by town/township government offices, they shall be registered by reference thereto by the district government offices administrative department in the light of the actual circumstances of the district.

Government offices at all levels shall strengthen administration of the daily use of the assets, improve the asset accounting cards to ensure that the account books are consistent with each other and with the actual assets, and regularly check their asset inventories to ensure the assets are safe and complete.

No government offices may lease or lend assets in violation of the provisions. No government offices assets shall, in any form, be used for investment or for establishment of a profit-making organization, unless otherwise prescribed by law.

When disposing of their assets, government offices at all levels shall, according to the relevant provisions, complete their internal decision-making procedures as well as undergo the review by and filing with the same-level government offices administrative department and finance department.

The revenue derived from leasing or disposal of government office assets shall be managed according to relevant provisions on the governmental non-tax revenue and the system of centralized revenue collection by the treasury.

Article 14

This Municipality shall gradually introduce the management system of official property warehouses that matches the development of conservation-oriented government offices and the energy-saving and intensive use of assets, promote the recycling and sharing of assets, save public financial funds, and improve the efficiency of asset use.

The municipal finance department and government offices administrative department shall establish a municipal-level uniform management system of official property warehouses, clarify the standards for assets’ entry into the warehouses, the norms for the procedure, and the mechanisms for financial accounting and performance evaluation, improve the catalogue of shared assets, and strengthen the guidance and supervision over the use of official property warehouses management. The municipal finance department and government offices administrative department shall establish a municipal-level unified management information platform for official property warehouses, and, based on the information recorded on the asset cards, achieve dynamic management of assets’ entry into, stay in and exit from the official property warehouses, and give full play to the role of the official property warehouses in priority asset allocation.

Eligible districts are encouraged to implement, according to the actual situation, a district-level asset management system of official property warehouses.

Article 1５

Under the policy of leaving no assets unattended, government offices at all levels that have established the management system of official property warehouses shall include the following assets in the management of the same-level warehouses:

1.idle assets;

2. assets in inefficient operation or assets allocated above the standards;

3. the assets that still have a value for use among the assets to be disposed of;

4. the assets to be vacated due to the abolition, merger, or restructuring of government offices and other reasons;

5. the assets purchased for major conferences, large-scale events or the creation of temporary institutions; and

6. other assets such as shared facilities and equipment.

Article 16

The government offices administrative department shall establish and improve the supporting service system for official property warehouses to ensure efficient transfer of such warehouses’ assets.

On the premise of the overall allocation of office buildings, the government offices administrative department shall make effective integration and use of the property assets in the official property warehouses to deliver benefits out of the assets.

Article 17

The preparation of this Municipality’s territorial space planning shall take the layout of the lands used by government offices and their spatial arrangements into full consideration. Lands to be used by government offices shall be supplied under the territorial space planning. Where such lands comply with the state provisions on lands of gratuitous grants, they shall be supplied as gratuitous grants and undergo the land-use procedures in accordance with the laws.

Article 18

A centralized and unified administration system of office buildings shall be established and improved in this Municipality. The government offices administrative department shall implement unified planning, construction, ownership, allocation and disposal of the office buildings of the same-level government offices.

Article 19

The government offices administrative department, the development & reform department and the finance department shall, jointly with relevant departments, prepare the guarantee plan for allocating office buildings for the same-level government offices, optimize the layout of office buildings, promote centralized or relatively centralized office work, and share ancillary facilities and logistic supporting resources.

The government offices administrative department shall make an overall plan for the construction of office buildings for the same-level government offices. After the construction projects are approved and established in accordance with the laws, they shall all be organized and implemented by the government offices administrative department. Upon completion of the projects, government offices shall vacate and deliver their original office buildings under the principle of “handing over old buildings in exchange for the newly constructed buildings”.

Article 20

The government offices administrative department shall, based on the relevant provisions and the actual circumstances of each office, verify the area of the office buildings and allocate such buildings to achieve intensive and ecological use of office buildings.

This Municipality shall be committed to implementing a cost-rent system for office buildings. The government offices administrative department shall work with the finance department and other relevant departments, to develop the cost rent standards for office buildings as the basis for evaluating the performance of the use costs of office buildings. Where the costs are above the reasonable cost-rent standards, the administrative department may adopt measures such as appropriate adjustment of the allocation of office buildings to reduce the costs of using office buildings.

Article 21

The government offices administrative department shall conclude a use agreement with the users of office buildings, and issue them an office building use certificate. On the strength of the office building use certificate, the user may undergo the legal-person registration and the collective household registration, and apply for construction permits for large and medium-scale maintenance projects, and the certificate may be used as a basis for the expenses on realty and other services. Government offices at all levels shall strictly comply with the state standards for using office buildings and, within the approved office space, make overall arrangements for reasonable use of the office buildings, without unauthorized changes of the functions of the office buildings.

Since the users of office buildings are responsible for the property safety, the government offices administrative department shall strengthen the monitoring and guidance of the property safety when such users use the office buildings. For maintenance of their office buildings, government offices at all levels shall focus on eliminating safety risks and restoring and improving the functions of the office buildings, and strictly implement the maintenance standards and safety standards.

Article 22

The municipal government offices administrative department shall be responsible for determining the total number of official vehicles other than the law-enforcement and on-duty vehicles in this Municipality. The government offices administrative department shall make overall arrangements for the allocation and renewal of official vehicles in accordance with the state and municipal provisions on examining and approving the allocation and renewal of official vehicles and according to the approved numbers and grades of official vehicles. Specific administrative procedures for the determination and allocation of law-enforcement and on-duty vehicles shall be formulated by the municipal finance department together with relevant departments.

Article 23

Government offices at all levels shall establish and improve the management system of official vehicle use, implement such measures as installing satellite positioning systems, managing various signs, registering the use of official vehicles, parking the vehicles in designated places, and safekeeping the vehicles on holidays, and calculate the use of each vehicle and publicize it.

The municipal government offices administrative department shall establish and improve the management information system on official vehicle use in this Municipality, enhance data sharing with the same-level finance department, public security department, etc., and regulate the supervision over the official vehicle use.

Section 3  Service Support

Article 24

The municipal government offices administrative department shall establish a unified municipal system of service management for government offices, determine the logistic service items and standards for them, strengthen the guidance and supervision over the logistic services, and make reasonable allocation and economical use of the logistic service resources.

Government offices at all levels shall be responsible for the management of their respective logistic services. Government offices shall establish a logistic service management system, provide logistic services according to the approved items and standards, and shall report such a management system to the same-level government offices administrative department for record.

Article 25

To purchase logistic services, government offices at all levels shall conclude a logistic service contract, and report it to the same-level government offices administrative department for record within 60 days from the date when the contract is concluded. The government offices administrative department shall, jointly with the finance department, analyze and assess relevant data of the contract as a basis for dynamically adjusting the logistic service items and standards, regulating the purchase of logistic services, coordinating logistic service resources, and jointly constructing and sharing the logistic service resources.

Article 26

The government offices administrative department shall improve the logistic service quality assessment system, to guide the same-level government offices to conduct a comprehensive assessment and evaluation of the logistic service quality.

Article 27

The government offices administrative department shall, according to its duties, strengthen the internal security administration in the centralized work area of government offices, establish and improve the internal security deliberation-coordination mechanism, and arrange security staff according to the needs of the positions.

The security responsibility system shall be applied to the internal security management of government offices at all levels. Government offices shall establish and improve the security responsibility system and reasonably arrange security staff to fulfill the main responsibility for the offices’ internal security.

Section 4  Resource Conservation

Article 28

Government offices at all levels shall implement the philosophy of green development, play their role of demonstration and guidance, advocate an appropriately simple, green and low-carbon way of working, and encourage frugality while opposing wasteful spending, so as to build energy-saving offices.

Article 29

Government offices at all levels shall strengthen energy management, reduce energy consumption and pollutant emissions, consume energy efficiently and reasonably, and improve energy efficiency.

Government offices at all levels shall take the lead in the application of new and renewable energy, achieve green construction, operation and renovation of their office buildings, and use the office buildings in a healthy, suitable and efficient manner. The energy consumption of the new office buildings and the existing office buildings shall meet the relevant national and municipal standards.

Article 30

Government offices at all levels shall comply with the principle of reducing, reusing and reclaiming to promote the recycling of resources.

Government offices at all levels shall strengthen management of water use, and build water-saving offices in accordance with relevant systems and standards; they shall reduce solid waste with the actual results of their domestic waste classification being higher than the standard of the city’s domestic waste classification; they shall increase green purchasing, give priority to the purchase and use of environment-friendly, energy-saving, water-saving, material-saving products and renewable products, and take the lead in developing the renewable resource recycling system; they shall not use disposable office supplies and disposable non-degradable plastic products.

Article 31

Government offices at all levels shall reinforce the management on food saving in their canteens, and on the catering arrangements for official activities including meetings, training sessions, and receptions, and shall oppose and stop food waste and continue the No Waste on Your Plate campaign. The government offices administrative department shall establish and implement a system of assessing and reporting the results of the anti-food-waste work in government canteens.

Article 32

The government offices administrative department shall, jointly with the development & reform department, prepare and implement a programme and an annual work plan for developing resource efficiency and circular economy, and standards for energy consumption quota for the same-level government offices. The district government offices administrative department shall annually report to the municipal government offices administrative department their performance in fulfilling their responsibilities for the green development targets.

Government offices at all levels shall include green development in their annual work plan in accordance with the programme and the plan provided in the preceding Paragraph, identify the annual goal, indicator and mission, and submit the previous-year status report to the same-level government offices administrative department, and shall complete energy auditing as required. The performance of green development work by government offices shall be covered by the same-level evaluation of responsibilities fulfillment for the annual targets, evaluation of units’ annual performance, and selection of model units.

The government offices administrative department shall publicize the consumption of energy and resources by the government offices and their performance in the green development work.

Article 33

This Municipality shall establish a green development deliberation-coordination mechanism for government offices to coordinate major issues of their green development work.

This Municipality shall further open the market of government offices’ energy and resources consumption, encourage social funds and forces to invest in green, low-carbon and circular development of government offices, and advocate that government offices take the lead in applying new technologies and products to achieve energy efficiency and water conservation and adopt innovative models such as Energy Performance Contracting, and entrustment of professionals for green operation. Government offices shall take the initiative to disclose their energy and resources consumption and making full use of the market mechanism, and include such information as a basis for assessing and evaluating their performance and selecting excellent offices.

Article 34

This Municipality shall, on the principle of adaptation to the local conditions and step-by-step progress, explore ways of opening government offices’ ancillary space and facilities to the public to achieve resource sharing.

The idle space of government offices can, in accordance with relevant provisions, be transformed into public welfare places that provide convenience service for the residents and conduct community activities.

Chapter III  Guarantee Mechanism

Article 35

The government offices administrative department shall, jointly with relevant departments, establish and improve the coordination mechanism for the operation guarantee of government offices and the mechanism for information sharing, unify the policies and standards, and make overall arrangements for resource allocation.

Article 36

This Municipality shall establish and improve a guarantee system supported by the whole society, and reasonably determine projects and standards so as to promote commercial service for the operation guarantee of government offices.

Where government offices need goods, projects and service that can be provided through the market, the offices shall purchase them through public bidding in the market in accordance with law; where the goods, projects and service fall within the scope of government procurement, the offices shall act in accordance with relevant laws, rules and regulations on government procurement.

Where the procurement is conducted by the method of procurement under the framework agreement, the ceiling price shall not be higher than the market price in the same period. The suppliers shall adjust the agreed supply price in a timely manner in accordance with the market quotations, but the adjusted price shall not be higher than the aforesaid ceiling price.

Article 37

The government offices administrative department shall, in conjunction with the same-level standardization department, promote the standardization of the operation guarantee of government offices, establish and improve the system of standards, formulate and improve local standards and standardization technical guidelines for the operation guarantee of government offices, and strengthen the evaluation, review, supervision and inspection of the implementation of the relevant standards.

Article 38

The government offices administrative department shall, in conjunction with the departments of economy and informatization, finance, etc., strengthen the digital construction for the operation guarantee of government offices, establish and improve the management information platforms of funds, assets, service and energy, promote data integration and sharing, and advance digitized and intelligent operation guarantee, work flow and service pattern so as to improve the efficiency of the operation guarantee of government offices.

Article 39

The government offices administrative department shall, in conjunction with relevant departments, establish and improve the emergency guarantee mechanism for government office operation during contingencies, and guide relevant government offices to formulate emergency plans for their operation in the light of the actual situation.

In the event of an emergency, the relevant government office shall activate its emergency plan in a timely manner, and take measures such as coordinating the allocation of supplies and materials, strengthening personnel management and control, conducting emergency procurement and utilizing civil air defense facilities, so as to guarantee its normal operation.

Article 40

The government offices administrative department shall improve its evaluation of the operation guarantee of government offices as well as the administration of the performance of the same-level government offices operation guarantee.

The municipal departments of human resources and social security, and government offices administration shall, in accordance with relevant provisions, commend and reward departments, units and individuals that have made remarkable achievements in the operation guarantee of government offices.

Chapter IV  Supervision and Legal Liability

Article 41

The government offices administrative department shall, in conjunction with relevant departments, organize supervision and inspection of the operation guarantee of government offices by means of asset management assessment, office building inspection, official vehicle inspection, and green development evaluation.

Where the government offices administrative department finds risks of violation of laws, rules and regulations or management omissions during its supervision and inspection, it shall give an early warning or issue a rectification notice to the government office under supervision and inspection in a timely manner, record the supervision and inspection results, and conduct follow-up inspection.

Article 42

The supervisory department and the departments of development & reform, finance, auditing, planning and natural resources, landscaping and city appearance, ecology and environment, etc. shall supervise the operation guarantee of government offices in accordance with their respective duties.

Article 43

This Municipality shall establish and improve the information disclosure system for the operation guarantee of government offices, disclose relevant information in accordance with laws, rules and regulations, and conscientiously accept public supervision.

Any organization or individual has the right to report acts in violation of the provisions of these Regulations to the relevant department. The relevant department receiving the report shall promptly investigate and handle the case in accordance with laws, rules and regulations.

Article 44

Where a violation of the provisions of these Regulations falls under any of the following circumstances, the same-level government offices administrative department or the higher-level government office shall order corrections; the persons in charge and other responsible persons shall be punished by the relevant authorities; and if the violation constitutes a crime, the violator shall be pursued with criminal liability in accordance with the law:

1. illegally using the operating funds of the government offices;

2. illegally constructing, configuring, using, maintaining and disposing of office space, or changing the use function of office space without authorization;

3. illegally providing, using, or disposing of official vehicles; or

4. other violations of these Regulations or relevant laws, rules or regulations on the operation guarantee of government offices.

Chapter V  Supplementary Provision

Article 45

These Regulations shall be effective as of November 1, 2022.