Decision of the Standing Committee of Shanghai Municipal People's Congress on Strengthening the Supervision over the Economic Work

(July 21,2022)

No.121

(Adopted at the 42nd Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on July 21, 2022)

With a view to further strengthening the supervision over the economic work, practically enhancing the effectiveness of supervision, promoting the high-quality development, creating the high-quality life, realizing the highly efficient governance, and better performing the functions and duties granted to the Municipal People's Congress and its Standing Committee by the Constitution and the law, the following decision has been made with reference to the Decision of the Standing Committee of the National People's Congress on Strengthening the Supervision over the Economic Work, and in the light of the actual circumstances of this Municipality:

I. The Standing Committee of the Municipal People's Congress shall perform its function and duty of supervision over the economic work of the Municipal People's Government according to law. The Finance and Economy Committee and the relevant special committees of the Municipal People's Congress shall undertake relevant specific work under the leadership of the Municipal People's Congress and its Standing Committee. The Municipal People's Government and its relevant departments shall do a good job in the assistance and cooperation.

This Municipality shall perfect the relevant working mechanism of economic work supervision and strengthen the supervision in the following forms:

1. examining and approving the annual plan for national economic and social development, and exercising the supervision over its implementation;

2. analyzing the economic operation situation of this Municipality and putting forward opinions;

3. examining and approving the Five-year Plan and the medium and long-term plan for national economic and social development, and exercising the supervision over their implementation;

4. hearing and deliberating the special work reports of the Municipal People's Government on the economic work;

5. hearing and discussing the reports of the Municipal People's Government on major matters relevant to the economic work;

6. deliberating and deciding major construction projects; and

7. supervising other economic work as provided for by laws, rules and regulations.

II. In carrying out the supervision over the economic work, the Standing Committee of the Municipal People's Congress shall adhere to the leadership of the Communist Party of China, stick to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Important Thought of “Three Represents”, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, insist on the people-ed approach, uphold and perfect the basic socialist economic system, ensure and promote the decisive role played by the market in the allocation of resources, give a better play to the government’s role, stand on a new development stage, carry out the new development concept and build a new development pattern, so as to drive a high-quality development.

III. According to the relevant provisions in the rules of procedure of the Municipal People's Congress, the Finance and Economy Committee of the Municipal People’s Congress shall, one month before the session of the Municipal People's Congress is held, conduct a preliminary examination of the annual plan for national economic and social development and form preliminary examination opinions jointly with the relevant special committee, and send the opinions to the relevant competent department of the Municipal People’s Government. The relevant competent department of the Municipal People’s Government shall promptly give a feedback on its handling to the Finance and Economy Committee.

At the stage when the Finance and Economy Committee of the Municipal People’s Congress conducts the preliminary examination, the relevant special committee may conduct a special examination, put forward opinions on the special examination and submit them to the Finance and Economy Committee for study and handling.

IV. When conducting the preliminary examination of the annual plan for national economic and social development, the relevant competent department of the Municipal People’s Government shall submit the following materials:

1. The report on the implementation situation of the plan for national economic and social development of the previous year and the draft plan for national economic and social development of the current year, which shall report the accomplishment situation of the main objectives and tasks of the plan for national economic and social development and the implementation situation of the resolutions of the Municipal People’s Congress in the previous year, and state and explain the basis and considerations for the formulation of the main objectives and work tasks of the plan for national economic and social development of the current year, and the corresponding major policies and measures;

2. A preliminary scheme for the draft plan for national economic and social development of the current year;

3. A statement of the implementation situation of the investment plan within the municipal-level budget of the previous year and the arrangement of the investment plan within the municipal-level budget of the current year; and

4. Other materials required for the preliminary examination.

V. The key points of the preliminary examination of the annual plan for national economic and social development shall be as follows: the accomplishment situation of the plan for national economic and social development of the previous year, in particular the accomplishment situation of the main objectives and tasks; the guiding thought for the formulation of the plan for national economic and social development of the current year shall conform to the decisions and arrangements of the CPC Central Committee, the State Council and the CPC Municipal Committee, and to the Five-Year Plan and the medium and long-term plan for national economic and social development; the main objectives, key tasks and major engineering projects shall meet the conditions of economic and social development, in particular the actual supporting capacity of resources, finance and the environment, meet the basic requirements for the implementation of the Five-Year Plan, and be conducive to the long-term and sound economic and social development; the main policy orientation and measure arrangement shall meet the requirements of system and mechanism improvement and law-based administration, adhere to the objective- and problem-orientation, and be highly targeted and feasible, and the regulation and control policies shall match the main objectives.

VI. The Finance and Economy Committee of the Municipal People's Congress shall submit to the Presidium of the Municipal People’s Congress a report on the examination results of the implementation situation of the plan for national economic and social development of the previous year and the draft plan for national economic and social development of the current year. The report on the examination results shall include the following contents:

1. the overall evaluation of the implementation situation of the plan for national economic and social development of the previous year, and the major issues therein requiring attention;

2. the evaluation of the report on the plan for the current year’s national economic and social development, and of the feasibility of the draft plan, and the opinions and suggestions on the implementation of the current year’s plan for national economic and social development; and

3. the suggestions on the approval of the report on the annual plan for national economic and social development, and of the draft plan at the session of the Municipal People’s Congress.

VII. The Standing Committee of the Municipal People’s Congress shall strengthen the supervision over the implementation of the annual plan for national economic and social development approved by the Municipal People’s Congress.

The Standing Committee of the Municipal People’s Congress shall generally hear and deliberate the report of the Municipal People’s Government on the implementation situation of the national economic and social development plan in the first half of the year in July each year. The deliberation opinions of the members of the Standing Committee shall be delivered to the Municipal People’s Government for study and handling, and the Municipal People’s Government shall submit a written report on the study and handling to the Standing Committee. The report on the implementation situation of the annual plan for national economic and social development, the deliberation opinions of the members of the Standing Committee, and the information on the study and handling of the deliberation opinions by the Municipal People’s Government shall be circulated to the deputies to the Municipal People’s Congress and published to the society.

The Finance and Economy Committee of the Municipal People’s Congress shall make relevant preparations in light of the analysis of the economic situation in the first half of the year, and submit an analysis report to the Standing Committee.

VIII. The key points of supervision over the implementation of the annual plan for national economic and social development are as follows: the implementation of the annual plan for national economic and social development shall follow the decisions and arrangements of the CPC Central Committee, the State Council and the CPC Municipal Committee, consolidate the requirements in the resolutions of the Municipal People’s Congress, and conform to the requirements for the various objectives and tasks set forth in the report on the work of the government; the accomplishment  situation of major objectives, especially the obligatory targets, and the progress situation of key tasks and major engineering projects shall be in line with the schedule of the annual plan for national economic and social development; the report on the implementation situation of the plan for national economic and social development shall make an in-depth analysis of the main existing difficulties and problems and their causes, make a description and an explanation for the objectives and tasks that have not reached the expected progress, and put forward targeted and feasible policies and measures, so as to propel the smooth accomplishment of the annual plan for national economic and social development.

IX. Generally, the Finance and Economy Committee of the Municipal People’s Congress shall, prior to the annual mid-year meeting of the Standing Committee and in December, hold sessions to analyze the economic situation of the first half of the year and of the whole year respectively to hear the reports of the relevant departments of the Municipal People’s Government on the national economic operation in the first half of the year and in the whole year, conduct analysis and research, and report to the meeting of directors the analysis of the national economic operation and the opinions and suggestions put forward at the sessions.

Due to important changes in the economic situation of this Municipality, special sessions for quarterly economic situation analysis can be added. The Finance and Economy Committee of the Municipal People’s Congress may put forward the proposals, and with the approval of the meeting of directors, organize sessions to hear the report of the relevant departments of the Municipal People’s Government on the situation of the quarterly national economic operation, conduct analysis and research, and report to the meeting of directors the analysis on the situation of the national economic operation and the opinions and suggestions put forward at the sessions.

The meeting of directors may transmit the said analysis on the situation of the national economic operation and the said opinions and suggestions put forward at the session to the Municipal People’s Government for handling.

X. The preliminary examination and the examination of the Five-Year Plan and the medium and long-term draft plan for national economic and social development shall be carried out with reference to the provisions of Item III and Item VI of this Decision.

In the year before the Five-Year Plan and the medium and long-term draft plan for national economic and social development are submitted to the Municipal People’s Congress for examination and approval, the Standing Committee of the Municipal People’s Congress shall carry out special investigations and studies ing on the formulation of the Five-Year Plan and the medium and long-term draft plan, hear the report on the investigations and studies, and send the said report to the relevant committees for study and reference, so that the Municipal People’s Congress can make good preparations for the examination and approval.

The General Office of the Standing Committee, and the Finance and Economy Committee of the Municipal People’s Congress shall undertake the specific organizational work, formulate the working plan for the investigation and study, coordinate relevant special committees, and working bodies of the Standing Committee in carrying out special investigations and studies, and gather and integrate the results of the investigation and study.

XI. For the preliminary examination of the Five-Year Plan and the medium and long-term draft plan, the relevant competent department of the Municipal People’s Government shall submit the following materials:

1. The Five-Year Plan and the medium and long-term draft plan;

2. The description about the Five-Year Plan and the medium and long-term draft plan and their formulation conditions, of which the contents shall include the description and explanation about the accomplishment situation of the main objectives and tasks set forth in the previous Five-Year Plan, the implementation situation of the resolutions of the Municipal People’s Congress, and the basis and considerations for the formulation of the main objectives and key tasks set forth in the current Five-Year Plan;

3. The arrangements for major engineering projects; and

4. Other materials required for the preliminary examination.

XII. The main points of the preliminary examination of the Five-Year Plan and the medium and long-term draft plan are as follows: the implementation situation of the previous Five-Year Plan; the guiding thought of the formulation of the current Five-Year Plan shall conform to the spirit of the suggestions of the CPC Municipal Committee on the Five-Year Plan and be able to play the role of the development blueprint and action program for the next five years; the main objectives, key tasks and major engineering projects shall conform to the actual situation and development stage of this Municipality, to the objective law of economic and social development, and to the strategic objectives of the medium and long-term development of this Municipality, and take into account the necessity and feasibility; the main policy orientation shall conform to the Party’s basic theory, basic line and basic strategy, and be highly targeted and feasible.

XIII. The Municipal People’s Government shall strengthen the dynamic monitoring, mid-term assessment and summarized assessment of the implementation situation of the Five-Year Plan. The Standing Committee of the Municipal People’s Congress shall strengthen the supervision over the implementation of the Five-Year Plan.

Under the leadership of the Municipal People's Congress and its Standing Committee, the Finance and Economy Committee and the relevant special committees of the Municipal People’s Congress shall supervise the implementation of the Five-Year Plan in a targeted manner, so as to promote its smooth implementation.

The relevant competent department of the Municipal People’s Government shall submit to the Finance and Economy Committee of the Municipal People’s Congress the materials of dynamic monitoring over the implementation situation of the Five-Year Plan.

XIV. At the mid-term stage of the implementation of the Five-Year Plan, the Municipal People’s Government shall submit the mid-term assessment report on the implementation situation of the Five-Year Plan to the Standing Committee of the Municipal People’s Congress for deliberation. The deliberation opinions of the members of the Standing Committee shall be delivered to the Municipal People’s Government for study and handling, and the Municipal People’s Government shall submit a written report on the study and handling to the Standing Committee. The mid-term assessment report on the implementation situation of the Five-Year Plan, the deliberation opinions of the members of the Standing Committee, and the information on the study and handling of the deliberation opinions by the Municipal People’s Government shall be circulated to the deputies to the Municipal People’s Congress and published to the society. The Finance and Economy Committee shall, jointly with relevant special committees, carry out special investigations and studies, and submit reports on the investigations and studies to the Standing Committee.

The key points of the supervision on the mid-term assessment of the implementation situation of the Five-Year Plan are as follows: the implementation of the Five-Year Plan shall conform to the spirit of the CPC Municipal Committee’s proposals and concretely follow the requirements of the resolutions of the Municipal People’s Congress; the accomplishment situation of major objectives, especially the obligatory targets, and the progress situation of key tasks and major engineering projects shall be in line with the schedule set forth in the Five-Year Plan; the mid-term assessment report on the implementation situation of the Five-Year Plan shall make an in-depth analysis of the main existing difficulties and problems and their causes, make explanations and descriptions for the objectives and tasks that have not reached the expected progress, and put forward targeted and feasible policies and measures, so as to promote the smooth accomplishment of the Five-Year Plan.

XV. The Municipal People’s Government shall make a summarized assessment on the implementation situation of the previous Five-Year Plan and form a summarized assessment report, which shall be printed and distributed at the session of the Municipal People’s Congress together with the draft Five-Year Plan submitted to the Municipal People’s Congress for examination and approval. The summarized assessment report on the Five-Year Plan shall include the following contents:

1. the accomplishment situation of the main targets;

2. the implementation situation of the key tasks;

3. the implementation situation of the major engineering projects;

4. the existing major difficulties and problems; and

5. the relevant opinions and suggestions.

XVI. In the course of implementation of the annual plan or the Five-year Plan for national economic and social development approved by the Municipal People’s Congress, adjustments may be made under any one of the following circumstances:

1. Significant adjustments to the orientation of the regulation and control policies, and to the main objectives and key tasks of this Municipality have to be made due to the occurrence of serious changes in the economic situation;

2. The annual plan or the Five-year Plan for national economic and social development cannot be normally implemented or accomplished due to the occurrence of especially severe natural disasters, and serious public security events with overall influence, or the entering of a state of emergency in this Municipality; or

3. Other special circumstances make it impossible for the annual plan or the Five-year Plan for national economic and social development to be normally implemented or accomplished.

XVII. If, after the approval of the annual plan or the Five-year Plan for national economic and social development by the Municipal People's Congress, and if, it is necessary to make a partial adjustment in the course of the implementation, the Municipal People’s Government shall submit an adjustment program to the Standing Committee of the Municipal People’s Congress for examination and approval. The adjustment program for the annual plan for national economic and social development shall generally be submitted no later than the end of the third quarter of the current year; the adjustment program for the Five-Year Plan shall generally be submitted no later than the end of the second quarter of the fourth year of its implementation.

Except in special circumstances, the relevant competent department of the Municipal People’s Government shall submit the adjustment program of the Municipal People’s Government to the Finance and Economy Committee of the Municipal People’s Congress one month prior to the session of the Standing Committee of the Municipal People’s Congress, and the Finance and Economy Committee shall make the preliminary examination and submit a report on the examination results to the Standing Committee.

The adjustment program for the annual plan and the Five-Year Plan for national economic and social development which is approved by the Standing Committee of the Municipal People’s Congress shall be reported to the next session of the Municipal People’s Congress.

XVIII. The Standing Committee of the Municipal People’s Congress shall, by ing on the focus and the overall situation of the State’s and this Municipality’s economic work, strengthen the supervision according to law, with the focus laid on the implementation of the national major strategic task, and the implementation of such aspects as upgrading city level and core competitiveness, strengthening scientific and technological innovation, implementing high-level opening to the outside world, adhering to the low-carbon green development, ensuring and improving people’s livelihood, optimizing the doing business environment and so on, and may, when necessary, hear and deliberate the special work report by the Municipal People’s Government, carry out inquiries into special subjects or make a resolution.

The Finance and Economy Committee, the relevant special committees, and the relevant working bodies of the Standing Committee of the Municipal People’s Congress shall carry out relevant work efficiently under the leadership of the Standing Committee; the Finance and Economy Committee of the Municipal People’s Congress may, jointly with the relevant departments of the Municipal People’s Government, establish a departmental liaison mechanism for economic work supervision, strengthen the communication and coordination, and urge the relevant departments of the Municipal People’s Government to better forward the implementation work.

XIX. The Municipal People’s Government shall report to the Standing Committee of the Municipal People’s Congress according to law prior to the promulgation of the major decisions concerning the overall national economic and social development, or the immediate interests of the people.

In any one of the following circumstances, the Municipal People’s Government or its relevant department shall report and make an explanation to the Standing Committee, or the Finance and Economy Committee and the relevant special committee of the Municipal People’s Congress:

1. It is necessary to make important adjustments to the orientation of relevant regulation and control policies due to great changes in the international economic situation, domestic economic operation or this Municipality’s economy;

2. Before the promulgation of relevant significant reforms or policies and programs involving the national economic security, the overall development of this Municipality, or the immediate interests of the people;

3. After the occurrence of serious natural disasters, or severe events that cause heavy losses to state property, collective property, or the lives and property of the people; or

4. Other major economic matters on which it is necessary to report to the Standing Committee, the Finance and Economy Committee or the relevant special committees of the Municipal People’s Congress.

When the Standing Committee of the Municipal People’s Congress deems necessary, it may make decisions or resolutions according to law, and may also transmit the opinions and suggestions under discussion to the Municipal People’s Government and its relevant departments for study and handling.

XX. With respect to a particularly major construction project of this Municipality that involves a wide range and has far-reaching influence and huge investment, the Municipal People’s Government may put forward a proposal to the Municipal People’s Congress or its Standing Committee, and the said Congress or Committee shall examine it and make a decision thereon.

According to the arrangement of the Municipal People’s Congress or its Standing Committee, the Finance and Economy Committee shall, jointly with the relevant special committee, conduct a preliminary examination of the proposal mentioned in the preceding Paragraph and submit an examination report to the Municipal People’s Congress or its Standing Committee.

XXI. The Standing Committee of the Municipal People’s Congress shall hear as needed the report of the Municipal People’s Government on the work of the major engineering projects settled in the annual plan and/or the Five-year Plan for national economic and social development and the particularly major construction project of this Municipality mentioned in Item XX of this Decision, and make deliberation thereof, and may make a resolution as it considers necessary.

According to the arrangement of the Standing Committee of the Municipal People’s Congress, the Finance and Economy Committee may, jointly with the relevant special committees and the relevant working bodies of the Standing Committee, carry out special investigations and studies on the implementation situation of the projects mentioned in the preceding Paragraph and put forward reports on the special investigations and studies to the Standing Committee.

The relevant competent departments of the Municipal People’s Government shall provide the Finance and Economy Committee of the Municipal People’s Congress with relevant materials on the implementation situation of the investment plan within the municipal budget every six months.

XXII. The Standing Committee of the Municipal People’s Congress shall strengthen the supervision over the economic work of the Municipal People’s Government and its relevant departments by hearing and deliberating their special work reports, inspecting law enforcement, making inquiries, questioning, and investigating specific issues and special subjects.

In accordance with the arrangements of the Standing Committee of the Municipal People’s Congress, the Finance and Economy Committee and the relevant special committees of the Municipal People’s Congress may hold meetings to hear special reports from the relevant departments of the Municipal People’s Government.

The Standing Committee, the Finance and Economy Committee and the relevant special committees of the Municipal People’s Congress may raise the efficiency of supervision over the economic work by such means as using the results of auditing supervision, financial and accounting supervision and statistical supervision, hiring research institutions, experts and scholars, or entrusting a third party to make evaluation, and making use of the big data technology.

The Standing Committee of the Municipal People’s Congress shall strengthen the construction of the think tank for economic work supervision, perfect the screening, dynamic adjustment and incentive mechanisms, and provide support for the various forms of supervision over the economic work. The relevant institutions shall, in accordance with the relevant work requirements for the economic work supervision by the Standing Committee, strengthen the study of the economic situation at home and abroad as well as in this Municipality. The relevant departments of the Municipal People’s Government shall provide support, in such aspects as the necessary data and funds,  for the relevant institutions to carry out the analysis and research.

XXIII. As for the resolutions, decisions and deliberation opinions made by the Municipal People’s Congress and its Standing Committee in their supervision over the economic work, the Standing Committee shall strengthen the follow-up supervision, urge the Municipal People’s Government and its relevant departments to implement the resolutions and decisions, carefully study and handle the opinions and suggestions, and give timely feedback. The Standing Committee may, when it deems necessary, hear and deliberate the special work report of the Municipal People’s Government concerning the relevant circumstances. The Municipal People’s Government shall, within the prescribed time limit, report to the Standing Committee of the Municipal People’s Congress the implementation situation of the decisions and resolutions or the study and handling situation of the deliberation opinions. The Finance and Economy Committee shall undertake the specific work of the follow-up supervision.

If a failure to implement the decision or resolution or an ineffective implementation of the decision or resolution causes serious consequences, the Municipal People’s Congress and its Standing Committee may strengthen the supervision through special inquiries, questions,  investigation of specific issues and such other methods.

XXIV. The Standing Committee of the Municipal People’s Congress shall report to the Municipal People’s Congress the exercise of its functions and powers of economic work supervision, and accept the supervision thereby. The opinions and suggestions put forward by the Finance and Economy Committee and the relevant special committees shall be reported to the meeting of directors, and the meeting of directors shall decide whether to sign and transfer them to the Municipal People’s Government and its relevant departments for study and handling, and report the results to the Standing Committee of the Municipal People’s Congress.

XXV. The Standing Committee of the Municipal People’s Congress shall, in conducting the supervision over the economic work, give full play to the role of deputies to the Municipal People’s Congress, hear their opinions and suggestions carefully, respond to their concerns actively, and support them in performing their duties in accordance with law.

The Finance and Economy Committee and the relevant special committees of the Municipal People’s Congress shall establish and perfect the working mechanism for contacting deputies in the supervision over the economic work, so as to facilitate the deputies to the Municipal People’s Congress in participating in the supervision over the economic work. When they determine the supervision item and carry out the supervision work, they shall hear the opinions and suggestions of the deputies to the Municipal People’s Congress carefully. The Finance and Economy Committee and the relevant special committees shall organize and carry out special investigations and studies on the prominent issues in the work of economic and social development raised in deputies’ proposals and suggestions and of deputies’ common concern.

When conducting a preliminary examination of the annual plan and the Five-Year Plan for national economic and social development, the Finance and Economy Committee of the Municipal People’s Congress shall hear the opinions of the deputies to the Municipal People’s Congress fully, and the opinions of all sectors of the society extensively through the deputies to the Municipal People’s Congress.

The deputies to the Municipal People’s Congress from relevant sectors of the society may be invited as needed to participate in the supervision over other matters listed in this Decision.

The deputies to the Municipal People’s Congress shall, via the working bodies for the deputies, be promptly notified of the relevant information on carrying out the supervision over the economic work, and be promptly sent the relevant materials.

XXVI. When the Standing Committee of the Municipal People’s Congress hears, deliberates and discusses the matters listed in this Decision, the Municipal People’s Government and its relevant departments shall, according to the requirements, promptly provide the relevant information materials and the descriptions of state of affairs, and send the person-in-charge of the Municipal People’s Government or the person-in-charge of the relevant department to make reports, hear opinions and answer inquiries at the session.

When the Finance and Economy Committee and the relevant special committees of the Municipal People’s Congress hear, deliberate and discuss the matters listed in this Decision, the relevant department of the Municipal People’s Government shall, according to the requirements, promptly provide the relevant information materials and the descriptions of state of affairs, and send its relevant person-in-charge to make reports, hear opinions and answer inquiries at the session.

The relevant department of the Municipal People’s Government shall, according to the requirements of the Finance and Economy Committee and the relevant special committees of the Municipal People’s Congress, regularly provide the data and relevant materials of national economic and social development.

XXVII. The standing committee of the people’s congress of each district may exercise the supervision over the economic work with reference to this Decision, or may, in light of the actual circumstances of the region, formulate specific measures for strengthening the supervision over the economic work .

The Standing Committee and the Finance and Economy Committee of the Municipal People’s Congress shall strengthen the guidance in the supervision over the economic work of the standing committee of the people’s congress of each district, carry out joint action between the Municipality and the districts, and jointly do a good job of the supervision over the economic work.

XXVIII. The information on the economic work supervision carried out by the Standing Committee of the Municipal People's Congress shall be open to the society, except as otherwise provided for by laws, rules or regulations.

This Decision shall be effective as of August 1, 2022.