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, building a government ruled by 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 process of performing administrative functions, and recorded and preserved in a certain form.
Article 3 People's governments at all levels shall 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 (office) of the local people's government at or above the county level is the competent department of government information disclosure in this administrative region, and is responsible for promoting, guiding, coordinating and supervising the government information disclosure in this administrative region.
The general office (room) of the department that implements vertical leadership is responsible for the government information disclosure of this system.
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 functions of government information disclosure institutions are:
(a) for the administrative organs of government information disclosure;
(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 organize the review of government information to be disclosed;
(five) other functions related to the disclosure of government information as prescribed by this administrative organ.
Article 5 When disclosing government information, administrative organs shall adhere to the principles of fairness, justice, legality and convenience, with disclosure as the norm and non-disclosure as the exception.
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 the order of social and economic management, it shall issue accurate government information for clarification.
Seventh people's governments at all levels should actively promote the work of government information disclosure, and gradually increase the content of government information disclosure.
Article 8 People's governments at all levels shall strengthen the standardization and informatization management of government information resources, strengthen the construction of online government information disclosure platform, promote the integration of government information disclosure platform and government service platform, and improve the online processing level of government information disclosure.
Ninth citizens, legal persons and other organizations have the right to supervise the government information disclosure work of administrative organs, and make criticisms and suggestions.
Chapter II Subject and Scope of Publicity
Article 10 The 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 and other organizations shall be made public by the administrative organs that keep the government information; The government information of other administrative organs obtained by administrative organs shall be made public by the administrative organ that produced or originally obtained the government information. Where laws and regulations have other provisions on the authority of government information disclosure, those provisions shall prevail.
Where an institution or internal organization established by an administrative organ performs administrative functions in its own name in accordance with laws and regulations, the institution or internal organization may be responsible for disclosing government information related to the performance of administrative functions.
The government information produced by more than two administrative organs is made public by the administrative organ that leads the production.
Eleventh administrative organs should establish and improve the coordination mechanism of government information disclosure. If the disclosure of government information by an administrative organ involves other organs, it shall be confirmed through consultation with the relevant organs to ensure the accuracy and consistency of the government information disclosed by the administrative organ.
If the administrative organ needs to approve the disclosure of government information in accordance with laws, administrative regulations and relevant provisions of the state, it shall make it public after approval.
Twelfth government information disclosure guidelines and government information disclosure catalogue compiled and published by administrative organs shall be updated in a timely manner.
The guide to the disclosure of government information includes the classification, arrangement system and acquisition method of government information, as well as the name, office address, office hours, contact telephone number, fax number and internet contact information of the government information disclosure organ.
The catalogue of government information disclosure includes the index, name, content summary, generation date and other contents of government information.
Thirteenth in addition to the provisions of this Ordinance fourteenth, fifteenth and sixteenth government information, government information should be made public.
The administrative organ shall disclose government information on its own initiative and upon application.
Article 14 Government information that is determined as a state secret according to law, government information that is prohibited from being disclosed by laws and administrative regulations, and government information that may endanger national security, public security, economic security and social stability after being disclosed shall not be disclosed.
Fifteenth involving business secrets, personal privacy and other government information, the disclosure will harm the legitimate rights and interests of third parties, the administrative organ shall not disclose. However, if the third party agrees to make the meeting public or the administrative organ thinks that the unfair meeting has a significant impact on the public interest, it should be made public.
Article 16 Information on internal affairs of administrative organs, including personnel management, logistics management and internal work flow, shall not be made public.
The process information, such as discussion records, draft process, consultation letter, request for instructions report, and administrative law enforcement file information, formed by administrative organs in the process of performing administrative functions may not be made public. Where laws, regulations and rules stipulate that the above information shall be made public, such provisions shall prevail.
Seventeenth administrative organs should establish and improve the government information disclosure review mechanism, clear review procedures and responsibilities.
The administrative organ shall, in accordance with the "People's Republic of China (PRC) Law on Guarding State Secrets" and other laws, regulations and relevant provisions of the state, review the government information to be disclosed.
If the administrative organ is not sure whether the government information can be made public, it shall report it to the relevant competent department or the secrecy administrative department for determination in accordance with laws, regulations and relevant provisions of the state.
Eighteenth administrative organs should establish and improve the dynamic adjustment mechanism of government information management, regularly evaluate and review the government information that the administrative organs do not disclose, and disclose the government information that can be disclosed according to changes in the situation.
Chapter III Active Publicity
Nineteenth of the government information related to the adjustment of public interests, need to be widely known by the public or need public participation in decision-making, the administrative organ shall take the initiative to open.
Twentieth administrative organs shall, in accordance with the provisions of Article nineteenth of these regulations, voluntarily disclose the following government information of their own administrative organs:
(1) Administrative regulations, rules and normative documents;
(two) functions, organization, office address, office hours, contact information and the name of the person in charge;
(three) national economic and social development planning, special planning, regional planning and related policies;
(4) Statistical information on national economic and social development;
(five) the basis, conditions, procedures and results of handling administrative licenses and other external management services;
(six) the basis, conditions and procedures for the implementation of administrative punishment and administrative coercion, as well as the administrative punishment decision that this administrative organ considers to have certain social impact;
(seven) financial budget and final accounts information;
(eight) administrative fees and their basis and standards;
(nine) the catalogue, standards and implementation of centralized government procurement projects;
(ten) the approval and implementation of major construction projects;
(eleven) policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion;
(twelve) emergency plan, early warning information and response measures for public emergencies;
(thirteen) environmental protection, public health, production safety, food and drug, product quality supervision and inspection;
(fourteen) the position, quota, conditions and employment results of civil servants;
(fifteen) other government information that should be voluntarily disclosed by laws, regulations, rules and relevant provisions of the state.
Article 21 In addition to the government information specified in Article 20 of these Regulations, the people's governments at the city and county level and their departments with districts shall voluntarily disclose government information related to municipal construction, public services, public welfare undertakings, land expropriation, house expropriation, public security management, social assistance, etc. according to local specific conditions. The township (town) people's government should also take the initiative to disclose government information on agricultural and rural policies, the construction and operation of farmland water conservancy projects, the transfer of rural land contractual management rights, the use of homesteads, land expropriation, house expropriation, fund-raising and labor services, and social assistance. It depends on local conditions.
Twenty-second administrative organs shall, in accordance with the provisions of Articles 20 and 21 of these Regulations, determine the specific contents of voluntary disclosure of government information, and continuously increase the contents of voluntary disclosure according to the deployment of higher administrative organs.
Twenty-third administrative organs should establish and improve the government information release mechanism, and actively disclose government information through government bulletins, government websites or other Internet government media, press conferences, newspapers, radio and television.
Twenty-fourth people's governments at all levels should strengthen the work of relying on the government portal website to disclose government information, and use a unified government information disclosure platform to publish government information that is voluntarily disclosed. The government information disclosure platform should have the functions of information retrieval, consultation and download.
Twenty-fifth people's governments at all levels should set up government information consultation places in the national archives, public libraries and government service places, equipped with corresponding facilities and equipment to facilitate citizens, legal persons and 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.
Twenty-sixth belongs to the scope of voluntary disclosure of government information, it should be made public in a timely manner 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.
Chapter IV Disclosure by Application
Article 27 In addition to government information voluntarily disclosed by administrative organs, citizens, legal persons or other organizations may, in their own names, apply to local people's governments at all levels and departments of people's governments at or above the county level that perform administrative functions (including dispatched offices and internal organs as stipulated in the second paragraph of Article 10 of these Regulations) for obtaining relevant government information.
Article 28 The administrative organ stipulated in Article 27 of these Regulations shall establish and improve the application channels for government information disclosure, and provide convenience for applicants to apply for access to government information according to law.
Twenty-ninth citizens, legal persons or other organizations to apply for access to government information, should be submitted to the administrative organ of government information disclosure, and in written form, including letters and data messages; If it is really difficult to use a written form, the applicant may make an oral proposal, and the government information disclosure organ that accepts the application shall fill in the application form for government information disclosure.
The application for government information disclosure shall include the following contents:
(a) the name, identity certificate and contact information of the applicant;
(two) the name and document number of the government information that is applied for disclosure or other characteristics that are convenient for administrative organs to inquire;
(three) the form requirements of the government information to be disclosed, including the ways and means of obtaining information.
Article 30 If the contents of the application for government information disclosure are unclear, the administrative organ shall give guidance and explanation, and inform the applicant to make corrections at one time within 7 working days from the date of receiving the application, explaining the matters that need to be corrected and the reasonable time limit for correction. The time limit for reply shall be calculated from the date when the administrative organ receives the application for correction. If the applicant fails to make corrections within the time limit without justifiable reasons, it shall be deemed as giving up the application, and the administrative organ will no longer accept the application for government information disclosure.
Article 31 The time when an administrative organ receives an application for government information disclosure shall be determined in accordance with the following provisions:
(1) If the applicant submits an application for government information disclosure in person, the date of submission shall be the date of receipt of the application;
(two) if the applicant applies for the disclosure of government information by mail, the date when the administrative organ receives the application shall be the date when it receives the application; Where an application for disclosure of government information is submitted by ordinary mail, etc., the government information disclosure organ shall confirm with the applicant on the day of receiving the application, and the confirmation date shall be the day of receiving the application;
(3) If the applicant submits an application for government information disclosure through Internet channels or by fax from the government information disclosure organ, the date confirmed by both parties shall be the date of receipt of the application.
Thirty-second disclosure of government information according to the application will harm the legitimate rights and interests of a third party, and the administrative organ shall solicit the opinions of the third party in writing. The third party shall put forward opinions within 15 working days from the date of receiving the solicitation opinions. If the third party fails to make comments within the time limit, the administrative organ shall decide whether to make it public in accordance with the provisions of these regulations. If the third party has reasonable reasons to disagree with the disclosure, the administrative organ shall not disclose it. If the administrative organ believes that non-disclosure may have a significant impact on the public interest, it may decide to disclose it, and inform the third party in writing of the contents and reasons of the government information decided to disclose it.
Article 33 If an administrative organ receives an application for government information disclosure and can reply on the spot, it shall reply on the spot.
If the administrative organ cannot reply on the spot, it shall give a reply within 20 working days from the date of receiving the application; If it is necessary to extend the reply period, it shall be agreed by the person in charge of the government information disclosure work agency and inform the applicant that the extension period shall not exceed 20 working days.
The time required for an administrative organ to solicit opinions from third parties and other organs shall not be counted within the time limit specified in the preceding paragraph.
Article 34 Where the government information applied for disclosure is jointly produced by two or more administrative organs, the administrative organ that takes the lead in producing it may solicit opinions from the relevant administrative organs after receiving the application for disclosure of government information, and the organ that has solicited opinions shall put forward opinions within 15 working days from the date of receiving the solicitation opinions. If no comments are made within the time limit, it shall be deemed as consent to the disclosure.
Article 35 If the number and frequency of the applicant's application for disclosure of government information are obviously beyond a reasonable range, the administrative organ may require the applicant to explain the reasons. If the administrative organ considers the application reason unreasonable, it shall inform the applicant not to handle it; If the administrative organ considers that the application reason is reasonable, but it is unable to reply to the applicant within the time limit stipulated in Article 33 of these regulations, it may determine a reasonable time limit for extending the reply and inform the applicant.
Thirty-sixth of the government information disclosure application, the administrative organ shall make a reply according to the following circumstances:
(1) If the information applied for has been voluntarily disclosed, inform the applicant of the ways and means to obtain the government information;
(two) the information applied for is public, providing the applicant with the government information, or telling the applicant the way, way and time to obtain the government information;
(three) if the administrative organ decides not to make it public according to the provisions of these regulations, it shall inform the applicant that it will not make it public and explain the reasons;
(4) If there is no information applied for disclosure after retrieval, inform the applicant that the government information does not exist;
(five) if the administrative organ refuses to disclose the application information, it shall inform the applicant and explain the reasons; If the administrative organ responsible for disclosing the government information can be determined, inform the applicant of the name and contact information of the administrative organ;
(six) the administrative organ has made a reply to the applicant's application for the disclosure of government information, and if the applicant applies for the disclosure of the same government information again, it shall inform the applicant not to repeat the processing;
(seven) the information applied for disclosure belongs to the industrial and commercial, real estate registration information and other information, and the relevant laws and administrative regulations have special provisions on the acquisition of information, and inform the applicant to handle it in accordance with the provisions of relevant laws and administrative regulations.
Article 37 If the information applied for disclosure contains contents that should not be disclosed or does not belong to government information, but it can be handled separately, the administrative organ shall provide the applicant with the contents of government information that can be disclosed, and explain the reasons for the contents that should not be disclosed.
Article 38 The information provided by the administrative organ to the applicant shall be the government information that has been produced or obtained. Except in accordance with the provisions of Article 37 of these regulations, if the administrative organ needs to process and analyze the existing government information, it may not provide it.
Article 39 Where an applicant conducts letters, visits, complaints, reports and other activities in the form of an application for government information disclosure, the administrative organ shall inform the applicant not to treat it as an application for government information disclosure, and may inform the applicant to submit it through corresponding channels.
Where the contents of the application submitted by the applicant require the administrative organ to provide public publications such as government bulletins, newspapers and books, the administrative organ may inform the way of obtaining them.
Article 40 When an administrative organ discloses government information according to an application, it shall determine the specific form of providing government information according to the requirements of the applicant and the actual situation of the administrative organ in keeping government information; If providing government information in the form required by the applicant may endanger the safety of government information carriers or the cost of publicity is too high, it can be provided in appropriate forms such as electronic data, or the applicant can be arranged to consult and copy relevant government information.
Forty-first 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, and may request administrative organs to correct them. If the administrative organ that has the right to correct the audit is true, it shall correct it and inform the applicant; If it is not within the scope of functions and powers of the administrative organ, the administrative organ may transfer it to the administrative organ with the right to correct it and inform the applicant, or inform the applicant to submit it to the administrative organ with the right to correct it.
Forty-second administrative organs to provide government information upon application, free of charge. However, if the number and frequency of the applicant's application for disclosure of government information obviously exceed a reasonable range, the administrative organ may charge an information processing fee.
The specific measures for administrative organs to collect information processing fees shall be formulated by the competent price department of the State Council in conjunction with the financial department of the State Council and the competent information disclosure department of the state government.
Forty-third citizens who apply for the disclosure of government information have difficulty in reading or listening, and the administrative organ shall provide them with necessary help.
Forty-fourth multiple applicants to the same administrative organ for the same government information, the government information can be made public, the administrative organ can be included in the scope of voluntary disclosure.
For the government information disclosed by the administrative organ according to the application, if the applicant thinks that it involves the adjustment of public interests, needs to be widely known by the public or needs the public to participate in decision-making, he may suggest that the administrative organ bring the information into the scope of voluntary disclosure. If the administrative organ considers that it belongs to the scope of voluntary disclosure after examination, it shall make it public in time.
Forty-fifth administrative organs should establish and improve the registration, examination, handling, reply and filing of government information disclosure applications, and strengthen their work.