Article 1 In order to standardize the disclosure of government information upon application, improve the transparency of government work, and ensure citizens, legal persons and other organizations to obtain government information according to law, according to the Administrative Licensing Law of People's Republic of China (PRC), the Regulations of People's Republic of China (PRC) on the Disclosure of Government Information and the Opinions of the General Office of the Central Committee and the General Office of the State Council on Further Promoting the Openness of Government Affairs (Zhongfa [2005] 12).
Article 2 The term "disclosure of government information by application" as mentioned in this system refers to the activity that the right holder of publicity applies to the obligor of publicity according to law and obtains government information after the obligor of publicity agrees.
Article 3 People's governments at all levels, their functional departments and organizations exercising administrative powers according to law are obligors to disclose government information upon application, and citizens, legal persons and other organizations are obligors to disclose government information upon application.
Article 4 The right holder of publicity shall legally use the government information obtained according to the application, and shall not engage in illegal activities by using the government information obtained according to the application.
Article 5 The obligor for publicity shall designate a specific organization to be responsible for the publicity work according to the application, and disclose the name, office address, office hours, contact information and other information of the organization to the public, so as to facilitate the applicant to file an application for government information disclosure or consult. The publicity obligor shall implement e-government, set up and publicize the column of "Disclosure of government information according to application" on the website of the unit, so as to facilitate the applicant to apply in the form of data message.
Article 6 The obligor of publicity shall establish and improve the system of disclosure upon application, prepare a guide for disclosure upon application, and make it public in time. The guidelines for disclosure upon application shall include the following contents:
(a) the address, telephone number, fax number, postal code, e-mail address and other contact information of the accepting institution;
(two) the conditions, procedures and time limit for the application, as well as the catalogue of all the materials to be submitted and the model text of the application;
(3) Other matters that need to be explained.
Article 7 The government information disclosed upon application does not include the following government information:
(1) Information that belongs to state secrets and involves national security;
(2) Business secrets protected according to law;
(3) Personal privacy protected by law;
(four) information in the process of internal research, discussion or deliberation;
(five) information related to administrative law enforcement, which may affect the inspection, investigation, evidence collection and other law enforcement activities or endanger the personal rights of others;
(six) other government information prohibited by laws, regulations and rules.
Article 8 Where the right holder of publicity applies for the disclosure of government information in his own name, he shall provide proof of identity to the obligor of publicity; In the name of a legal person or other organization, the identity certificate of the legal representative or principal responsible person shall be issued.
Article 9 The right holder of publicity shall apply in writing for the disclosure of government information. If it is really difficult to apply in writing, the public right holder may apply online or orally.
The application shall include the following contents:
(a) the applicant's name, address, identity certificate, contact information and other basic information;
(two) the specific content of the request for disclosure;
(three) the signature or seal of the public right holder;
(4) application time.
Article 10 After receiving the application for government information disclosure, the obligor for publicity shall make timely treatment according to the following circumstances:
(1) If the government information applied for disclosure belongs to the scope of disclosure, the relevant information shall be disclosed to the obligee;
(two) the application for disclosure of government information does not belong to the scope of functions and powers of the disclosure obligor, and guide the applicant to apply to the relevant disclosure obligor;
(3) The government information applied for disclosure may be partially disclosed, and the part that can be disclosed shall be disclosed to the obligee; For the part that is not open, make a decision that the government information is not open, and explain the reasons in writing;
(four) if the government information applied for disclosure has been voluntarily disclosed, it shall inform the applicant of the ways and means to obtain the information;
(five) if the government information applied for disclosure does not exist or does not belong to the scope of disclosure, it shall make a decision not to disclose it and explain the reasons;
(six) it is difficult to determine whether the government information applied for disclosure belongs to the scope of disclosure, make a decision to suspend the disclosure of government information, and explain the reasons for the suspension in writing;
(seven) the contents of the application for disclosure are not clear, and the applicant shall be informed to change and supplement the application.
If the disclosure of information is suspended in accordance with the provisions of Item 6 of the preceding paragraph, follow-up treatment shall be carried out within 15 working days from the date of making the decision to suspend disclosure, and a decision shall be made not to disclose the relevant information or to disclose it to the public right holder.
Article 11 If the obligor for publicity cannot make a decision within the prescribed time limit or disclose the applied government information to the obligee for publicity due to objective reasons such as information processing and other legitimate reasons, the time limit for reply may be extended with the consent of the person in charge of the obligor for publicity, and the obligee for publicity shall be notified in writing, but the extension period shall not exceed fifteen working days.
Article 12 If the obligor for publicity thinks that the government information applied for publicity belongs to business secrets or personal privacy and information that may harm the legitimate rights and interests of a third party after publicity, he shall solicit the opinions of the third party in writing within five working days after receiving the application.
The third party shall make a written reply within fifteen working days from the date of receiving the written notice from the obligor for publicity. Fails to reply within the time limit, as agreed to open. If the obligor for publicity considers it necessary to disclose the government information that the third party does not agree to disclose, it shall inform the third party in writing of the contents and reasons for the decision to disclose the government information at the same time as making the public decision, and inform the relief way.
If the obligee of publicity applies for government information involving the rights and interests of a third party, the time required for the obligor of publicity to solicit the opinions of the third party according to law shall not be counted in the application review period.
Article 13 Where the right holder of publicity requests the obligor of publicity to provide government information related to himself, such as registration, tax payment, social security, etc. The obligor for publicity shall submit a written application to the obligor for publicity with valid identity documents or other supporting documents, and the obligor for publicity shall provide government information after checking and verifying the identity of the obligee for publicity.
If the right holder of publicity presents evidence to prove that the relevant government information records are inaccurate, incomplete or irrelevant, he may request the obligor of publicity to make changes according to law, and the obligor of publicity shall deal with it within fifteen working days. If the publicity obligor accepting the application has no right to change, it shall promptly inform the publicity obligee and guide him to apply to the relevant publicity obligor.
Article 14 The obligor for publicity shall, upon application, provide government information in the form required by the obligee for publicity. If it cannot be provided in the form required by the right holder of publicity, it shall arrange for him to consult relevant materials or provide printed copies or duplicates.
The obligor for publicity may set up an electronic reading room or an information inquiry room in the office to facilitate the obligee for publicity to consult or copy relevant government information on the spot. If the publicity obligee has difficulty in reading, the publicity obligor shall provide necessary help.
Fifteenth publicity obligor shall not provide government information through other organizations and individuals in the form of paid services.
The cost of searching, copying, mailing and other expenses in the process of disclosing government information according to the application shall be borne by the right holder of publicity, and the charging standard shall be approved by the price department.
If the publicity obligee meets the difficult conditions such as subsistence allowance and low income, the fee may be reduced or exempted with the consent of the publicity obligor on the basis of relevant certificates. If the right holder of publicity belongs to a non-profit organization or other public welfare organization, the fee may be reduced or exempted with the relevant certificates and the consent of the publicity obligor.
Article 16 government information disclosure agencies and departments at all levels shall set up telephone numbers, mailboxes and e-mails for complaints about disclosure of government information according to applications, accept public complaints about disclosure of government information by obligors, promptly investigate and deal with illegal or improper acts, and inform the complainant in writing of the handling results within 15 working days from the date of receiving the complaints.
If the obligee of publicity thinks that the obligor of publicity has not fulfilled his obligation to disclose government information according to the application, he may report to the supervisory organ or its superior administrative organ, and the organ that accepts the report shall investigate and handle it, and inform the informant in writing of the handling result within 15 working days from the date of receiving the report.
Article 17 If the obligee of publicity thinks that the obligor of publicity's application for disclosure of government information infringes upon his lawful rights and interests or refuses to accept the decision on the handling of the application for disclosure of government information, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 18 Where an obligor for publicity violates Article 5, Article 6, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15 and Article 16 of this system, the information disclosure department of the people's governments at all levels shall, jointly with the supervisory organ at the same level, order it to make corrections; Responsible leaders and persons directly responsible shall be given criticism, education or disciplinary action according to the seriousness of the case.
Article 19 If a specific administrative act of a publicity obligor in violation of these Provisions causes economic losses to the publicity obligee or a third party, it shall make compensation according to law.
Twentieth public rights holders who use the government information obtained according to the application to engage in illegal activities shall bear corresponding legal responsibilities according to law.
Twenty-first this system by the municipal government information disclosure coordination group office is responsible for the interpretation of.
Article 22 This system shall be implemented as of July 1 day, 2065438.