Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of ensuring citizens, legal persons and other organizations to obtain government information according to law, improving the transparency of government work, promoting administration according to law, and giving full play to the service role of government information in people's production, life and economic and social activities. Article 2 The term "government information" as mentioned in these Regulations refers to information produced or obtained by administrative organs in the course of performing their duties, and recorded and preserved in a certain form. Third people's governments at all levels should strengthen the organization and leadership of government information disclosure. The General Office of the State Council is the competent department of the national government information disclosure, which is responsible for promoting, guiding, coordinating and supervising the national government information disclosure. The general office of the local people's government at or above the county level or other departments responsible for government information disclosure determined by the local people's government at or above the county level shall be responsible for promoting, guiding, coordinating and supervising the government information disclosure within their respective administrative areas. Article 4 People's governments at all levels and people's government departments at or above the county level shall establish and improve the government information disclosure system of their administrative organs, and the designated institutions (hereinafter referred to as government information disclosure institutions) shall be responsible for the daily work of government information disclosure of their administrative organs. The specific duties of government information disclosure institutions are: (1) to undertake the government information disclosure work of administrative organs; (two) to maintain and update the government information disclosed by this administrative organ; (three) to organize the preparation of the administrative organ's guide to government information disclosure, the catalogue of government information disclosure and the annual report on government information disclosure; (four) to conduct a confidential review of the government information to be disclosed; (five) other duties related to the disclosure of government information as prescribed by this administrative organ. Article 5 Administrative organs shall follow the principles of justice, fairness and convenience when disclosing government information. Article 6 Administrative organs shall disclose government information in a timely and accurate manner. If an administrative organ finds false or incomplete information that affects or may affect social stability and disrupt social management order, it shall issue accurate government information within its scope of duties to clarify it. Seventh administrative organs shall establish and improve the coordination mechanism of government information release. If the government information released by an administrative organ involves other administrative organs, it shall communicate and confirm with the relevant administrative organs to ensure the accuracy and consistency of the government information released by the administrative organs. If the administrative organ needs to approve the release of government information according to the relevant provisions of the state, it shall not release it without approval. Article 8 The disclosure of government information by administrative organs shall not endanger national security, public security, economic security and social stability. Chapter II Scope of Publicity Article 9 An administrative organ shall voluntarily disclose government information that meets one of the following basic conditions: (1) It involves the vital interests of citizens, legal persons or other organizations; (2) It needs to be widely known or participated by the public; (3) Reflecting the institutional setup, functions and procedures of the administrative organs; (four) other in accordance with laws, regulations and relevant provisions of the state should take the initiative to open. Article 10 People's governments at or above the county level and their departments shall, in accordance with the provisions of Article 9 of these Regulations, determine the specific contents of voluntary disclosure of government information within their respective functions and duties, focusing on the following government information: (1) administrative regulations, rules and normative documents; (two) national economic and social development planning, special planning, regional planning and related policies; (3) Statistical information on national economic and social development; (4) Financial budget and final accounts report; (five) the items, basis and standards of administrative fees; (six) the catalogue, standards and implementation of centralized government procurement projects; (seven) the matters, basis, conditions, quantity, procedures and time limit of the administrative license, as well as the list and handling of all materials required to apply for the administrative license; (eight) the approval and implementation of major construction projects; (nine) policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion; (ten) emergency plan, early warning information and response measures for public emergencies; (eleven) environmental protection, public health, production safety, food and drug, product quality supervision and inspection. Article 11 The municipal people's government divided into districts, the people's government at the county level and their departments shall also include the following contents: (1) Major issues in urban and rural construction and management; (2) Construction of social welfare undertakings; (three) the payment and use of land acquisition or requisition, house demolition and compensation and subsidy fees; (four) the management, use and distribution of emergency relief, special care, relief and social donations. Article 12 The township (town) people's government shall, in accordance with the provisions of Article 9 of these Regulations, determine the specific contents of government information voluntarily disclosed within the scope of its duties, focusing on the following government information: (1) the implementation of the national rural work policy; (two) financial revenue and expenditure, the management and use of various special funds; (three) the township (town) overall land use planning and homestead use audit; (four) the payment and use of land acquisition or requisition, house demolition and compensation and subsidy fees; (five) township (town) creditor's rights and debts, financing and labor; (six) the distribution of emergency rescue and disaster relief, special care, relief, social donations and other funds and materials; (seven) contracting, leasing and auction of township collective enterprises and other township economic entities; (8) Implementing the family planning policy. Article 13 In addition to the government information voluntarily disclosed by the administrative organs as stipulated in Articles 9, 10, 11 and 12 of these Regulations, citizens, legal persons or other organizations can also apply for relevant government information from the State Council departments, local people's governments at all levels and local people's government departments at or above the county level according to their special needs in production, life and scientific research. Fourteenth administrative organs shall establish and improve the confidentiality review mechanism of government information release, and clarify the review procedures and responsibilities. The administrative organ shall, before disclosing the government information, review the government information to be disclosed in accordance with the law of People's Republic of China (PRC) on guarding state secrets and other laws, regulations and relevant provisions of the state. When the administrative organ is not sure whether the government information can be made public, it shall, in accordance with laws, regulations and relevant provisions of the state, report to the relevant competent department or the secrecy department at the same level for determination. Administrative organs shall not disclose government information involving state secrets, commercial secrets or personal privacy. However, government information involving commercial secrets and personal privacy, which may have a significant impact on public interests, may be disclosed with the consent of the obligee or not disclosed by the administrative organ. Chapter III Disclosure Methods and Procedures Article 15 Administrative organs shall disclose government information voluntarily through government gazette, government website, press conference, newspaper, radio, television and other means that are convenient for the public to know. Sixteenth people's governments at all levels should set up government information consulting places in the national archives and public libraries, and provide corresponding facilities and equipment to facilitate citizens, legal persons or other organizations to obtain government information. The administrative organ may set up public consultation rooms, information consultation points, information bulletin boards, electronic information screens and other places and facilities to disclose government information according to needs. The administrative organ shall provide the government information voluntarily disclosed to the National Archives and public libraries in a timely manner. Seventeenth government information produced by an administrative organ shall be made public by the administrative organ that produced the government information; Government information obtained by administrative organs from citizens, legal persons or other organizations shall be made public by the administrative organs that keep the government information. Where laws and regulations have other provisions on the authority of government information disclosure, those provisions shall prevail. Eighteenth belongs to the scope of voluntary disclosure of government information, should be made public within 20 working days from the date of formation or change of the government information. Where there are other provisions in laws and regulations on the time limit for government information disclosure, those provisions shall prevail. Nineteenth administrative organs shall compile and publish the government information disclosure guidelines and directories, and update them in a timely manner. The guide to the disclosure of government information shall include the classification, arrangement system and acquisition method of government information, the name, office address, office hours, contact telephone number, fax number, e-mail address and other contents of the government information disclosure institution. The catalogue of government information disclosure shall include the index, name, content summary, generation date and other contents of government information. Twentieth citizens, legal persons or other organizations in accordance with the provisions of article thirteenth of this Ordinance to apply to the administrative organ for access to government information, should be in written form (including data message form); If it is really difficult to use a written form, the applicant may make an oral proposal, and the administrative organ that accepts the application will fill in the application form for government information disclosure. An application for government information disclosure shall include the following contents: (1) the name and contact information of the applicant; (2) Description of the contents of the government information applied for disclosure; (three) the form of government information disclosure requirements. Article 21 The administrative organ shall give a reply to the government information applied for disclosure according to the following circumstances: (1) If it belongs to the scope of disclosure, it shall inform the applicant of the ways and means to obtain the government information; (2) If it falls within the scope of non-disclosure, it shall inform the applicant and explain the reasons; (three) if the administrative organ refuses to disclose it according to law or the government information does not exist, it shall inform the applicant; If the government information disclosure organ can be determined, it shall inform the applicant of the name and contact information of the administrative organ; (four) if the application content is not clear, it shall inform the applicant to make amendments and supplements. Article 22 If the government information applied for disclosure contains contents that are not suitable for disclosure, but can be handled separately, the administrative organ shall provide the applicant with the information contents that can be disclosed. Twenty-third administrative organs believe that the application for disclosure of government information involves business secrets and personal privacy, which may harm the legitimate rights and interests of third parties after disclosure, and shall solicit the opinions of third parties in writing; If the third party does not agree to the disclosure, it shall not disclose it. However, if the administrative organ believes that non-disclosure may have a significant impact on the public interest, it shall make it public, and notify the third party in writing of the contents and reasons of the government information decided to make it public. Twenty-fourth administrative organs received an application for government information disclosure, and they can reply on the spot. If the administrative organ cannot give a reply on the spot, it shall give a reply within 15 working days from the date of receiving the application; If it is necessary to extend the reply period, it shall be approved by the person in charge of the government information disclosure work agency, and inform the applicant that the longest extension of the reply period shall not exceed 15 working days. If the government information applied for disclosure involves the rights and interests of a third party, the time required for the administrative organ to solicit the opinions of the third party shall not be counted within the time limit specified in the second paragraph of this article. Twenty-fifth citizens, legal persons or other organizations may apply to the administrative organs to provide government information related to their own tax payment, social security, medical and health care. , you must produce valid identity documents or supporting documents. If citizens, legal persons or other organizations have evidence to prove that the records of government information related to them provided by administrative organs are inaccurate, they have the right to ask administrative organs to correct them. If the administrative organ has no right to make corrections, it shall be transferred to the administrative organ that has the right to make corrections and inform the applicant. Twenty-sixth administrative organs in accordance with the application of government information disclosure, should be provided in the form required by the applicant; If it cannot be provided in the form required by the applicant, it can be provided by arranging the applicant to consult relevant materials, providing copies or other appropriate forms. Twenty-seventh administrative organs to provide government information according to the application, in addition to retrieval, copying, mailing and other fees, shall not charge other fees. Administrative organs shall not provide government information in the form of paid services through other organizations and individuals. The standards for the administrative organs to collect the retrieval, copying and mailing fees shall be formulated by the competent price department of the State Council in conjunction with the financial department of the State Council. Twenty-eighth citizens who apply for the disclosure of government information do have financial difficulties, and the relevant fees can be reduced or exempted upon their own application and approval by the person in charge of the government information disclosure work agency. Citizens who apply for the disclosure of government information have difficulty in reading or seeing and hearing, and the administrative organ shall provide them with necessary help. Chapter IV Supervision and Guarantee Article 29 People's governments at all levels shall establish and improve the assessment system, social appraisal system and accountability system for government information disclosure, and regularly assess and comment on government information disclosure. Thirtieth government information disclosure departments and supervisory organs are responsible for the supervision and inspection of the implementation of government information disclosure by administrative organs. Thirty-first administrative organs at all levels shall publish their annual reports on government information disclosure before March 3 1 every year. Article 32 The annual report on the disclosure of government information shall include the following contents: (1) The information on the voluntary disclosure of government information by administrative organs; (two) the administrative organs in accordance with the application of government information disclosure and non disclosure of government information; (three) the fees and reductions of government information disclosure; (4) Applying for administrative reconsideration or administrative litigation due to the disclosure of government information; (five) the main problems existing in the government information disclosure work and the improvement; (six) other matters that need to be reported. Thirty-third citizens, legal persons or other organizations that the administrative organ fails to fulfill the obligation of government information disclosure according to law, can report to the administrative organ at a higher level, the supervisory organ or the competent department of government information disclosure. The organ that receives the report shall investigate and handle it. Citizens, legal persons or other organizations may apply for administrative reconsideration or bring an administrative lawsuit according to law if they think that the specific administrative act of an administrative organ in the work of government information disclosure infringes upon their legitimate rights and interests. Thirty-fourth administrative organs in violation of the provisions of this Ordinance, did not establish and improve the confidentiality review mechanism of government information release, the supervisory organ and the administrative organ at a higher level shall order it to make corrections; If the circumstances are serious, the principal responsible person of the administrative organ shall be punished according to law. Thirty-fifth administrative organs in violation of the provisions of this Ordinance, one of the following circumstances, the supervisory organs and higher administrative organs shall be ordered to make corrections; If the circumstances are serious, the person in charge directly responsible for the administrative organ and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to fulfill the obligation of government information disclosure according to law; (two) do not update the contents of government information, government information disclosure guidelines and government information disclosure catalogue in a timely manner; (3) collecting fees in violation of regulations; (four) providing government information in the form of paid services through other organizations and individuals; (5) disclosing government information that should not be disclosed; (six) other acts in violation of the provisions of this Ordinance. Chapter V Supplementary Provisions Article 36 These Regulations shall apply to the activities of organizations authorized by laws and regulations with the function of managing public affairs to disclose government information. Article 37 The disclosure of information produced and obtained by public enterprises and institutions closely related to people's interests, such as education, health care, family planning, water supply, power supply, gas supply, heating, environmental protection, public transportation, etc., shall be implemented with reference to these Regulations, and the specific measures shall be formulated by the relevant competent departments or institutions in the State Council. Article 38 These Regulations shall come into force as of May 6, 2008.