What are the contents of the Provisional Regulations on Government Information Disclosure in Guizhou Province?

Interim Provisions on Government Information Disclosure in Guizhou Province Chapter I General Provisions Article 1 These Provisions are formulated in order to implement the Regulations on Government Information Disclosure in People's Republic of China (PRC) (hereinafter referred to as the Regulations) and in light of the actual situation of this province. Article 2 These Provisions shall apply to the activities of people's governments at all levels and their departments within the administrative region of this province (hereinafter referred to as administrative organs) to voluntarily disclose government information, as well as the activities of citizens, legal persons and other organizations to obtain government information according to law. The term "government information" as mentioned in these Provisions refers to the information produced or obtained by administrative organs in the course of performing their duties, and recorded and preserved in a certain form. Article 3 The disclosure of government information by administrative organs shall follow the principles of justice, fairness, legality, timeliness, accuracy, convenience and graded responsibility. Fourth people's governments at all levels should strengthen the organization and leadership of government information disclosure. The general office of the provincial people's government is the competent department of information disclosure of the provincial government, which is responsible for the promotion, guidance, coordination and supervision of information disclosure of the provincial government. City (prefecture), county (city, district) people's government (regional administrative office) office (room) is the competent department of government information disclosure within their respective administrative areas, responsible for the promotion, guidance, coordination and supervision of government information disclosure. Under the leadership of its superior competent business department, the administrative organ that implements vertical leadership carries out the work of government information disclosure under the unified guidance and coordination of the local people's government at the same level. The administrative organs with dual leadership carry out the government information disclosure work under the leadership of the local people's government at the same level, and accept the guidance of the superior business department. Article 5 People's governments at all levels and departments of people's governments at or above the county level shall establish and improve the system of government information disclosure, improve various supporting measures, and designate specialized agencies (hereinafter referred to as government information disclosure agencies) to be responsible for the daily work of government information disclosure in their own 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. The administrative organ shall disclose the name, office address, office hours, contact telephone number, fax number and e-mail address of its government information disclosure institution to the public, so as to facilitate citizens, legal persons and other organizations to inquire about the disclosure of government information. Sixth people's governments at all levels shall establish a joint meeting system of government information disclosure. The joint meeting is composed of government offices, information, supervision, legal system, confidentiality and other relevant government departments, and is responsible for studying and deciding on major issues in government information disclosure. The administrative department of information technology is responsible for the technical support of government information disclosure. Supervisory organs shall supervise the implementation of these Provisions in accordance with their duties. The legal institution is responsible for the law-related and litigation-related work in government information disclosure. The secrecy administrative department is responsible for the supervision, inspection and guidance of the confidentiality review of government information disclosure. Seventh administrative organs should follow the principle of "who makes, who saves and who makes public" when disclosing government information. The government information produced by the 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. Eighth administrative organs should establish and improve the coordination mechanism of government information release, and form a smooth and efficient communication channel for information release. If the government information released by an administrative organ involves other administrative organs, it shall communicate with the relevant administrative organs to confirm and solicit opinions in writing, and the relevant administrative organs shall give a written reply within 5 working days from the date of receiving the letter of soliciting opinions. Can not reach an agreement, the administrative organ that released the government information shall report to the general office of the people's government at the corresponding level (room) for handling. The disclosure of government information jointly produced by two or more administrative organs shall be the responsibility of the host administrative organ that produced the government information. The administrative organs that are no longer retained in the reform of government institutions shall be responsible for the disclosure of government information by the administrative organs that continue to exercise their functions. Ninth administrative organs to publish government information, in accordance with the relevant provisions of the need for approval, without approval shall not be released. According to laws, administrative regulations and relevant regulations, the release of government information such as quality and safety of agricultural products, major infectious diseases, major animal epidemics, production safety accidents, important geographic information data, statistical information, etc. shall be carried out in strict accordance with the prescribed authority and procedures. The government information in the process of investigation, discussion and treatment shall not be made public except that the administrative organ will publicly solicit opinions on the draft document according to law. 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. If this organ has no right to deal with it, it shall promptly report to the people's government at the same level or the administrative organ at the next higher level for decision. Article 10 People's governments at all levels shall include the funds needed for government information disclosure in their fiscal budgets. Chapter II Voluntary Disclosure Article 11 Administrative organs shall voluntarily disclose government information that meets one of the following basic conditions: (1) Involving 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 should take the initiative to open. Administrative organs at or above the county level shall, in accordance with the provisions of the preceding paragraph, determine the specific contents of government information voluntarily disclosed within the scope of their respective duties, focusing on the following government information: (1) rules and regulatory 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 completion of key government work and major livelihood projects; (six) the approval and implementation of major construction projects; (seven) the items, basis and standards of administrative fees; (eight) the catalogue, standards and implementation of centralized government procurement projects; (nine) 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; (ten) policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion; (eleven) emergency plans, early warning information and countermeasures for emergencies; (twelve) environmental protection, public health, production safety, food and drug, product quality supervision and inspection; (thirteen) investment projects, agreements, funds in place and implementation; (fourteen) the annual performance appraisal results of the main objectives; (fifteen) the conditions, procedures and results of the recruitment of civil servants. Twelfth city (prefecture) people's government (administrative office), county (city, district) people's government and its departments should also focus on the disclosure of the following government information: (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; (five) restructuring of state-owned enterprises and contracting, leasing and auction of collective enterprises or other economic entities. Thirteenth township (town) people's government shall, in accordance with these Provisions, determine the specific content of government information voluntarily disclosed within its scope of duties, focusing on the following government information: (1) the implementation of national and provincial policies on rural work; (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. Fourteenth administrative organs should take the initiative to disclose government information through government websites, government bulletins, press conferences, newspapers, radio, television and other media. Fifteenth 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. Article 16 The administrative organ shall, within 10 working days from the date when the government information is made public, provide the government information voluntarily disclosed to the government information consultation place. People's governments at all levels shall set up government information consultation places in national archives, public libraries and government service centers to provide convenience for citizens, legal persons or other organizations to obtain government information. Chapter III Disclosure by Application Article 17 Citizens, legal persons or other organizations may apply to local people's governments at all levels and departments of local people's governments at or above the county level to obtain relevant government information according to special needs such as production, life and scientific research. Applicants apply in accordance with the principle of "one application for one thing", and a government information disclosure application only corresponds to one government information project. Article 18 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. Citizens, legal persons or other organizations and their entrusted agents who apply to the administrative organ for providing government information related to the applicant, such as tax payment, social security, medical and health care, shall also submit valid identity documents or certification documents. Nineteenth government information disclosure agencies of administrative organs are responsible for accepting applications for government information disclosure of their own organs. The administrative organ shall provide the applicant with a unified and standardized format text of the application for government information disclosure. The administrative organ shall provide convenience for the applicant in the administrative service center or other service windows. Article 20 If an administrative organ considers that the government information applied for disclosure involves commercial secrets and personal privacy, and the disclosure may harm the legitimate rights and interests of a third party, it shall seek the opinions of the third party in writing. If the third party agrees to make it public or the administrative organ thinks that the non-disclosure may have a significant impact on the public interest, the administrative organ shall make it public and inform the third party in writing of the contents and reasons for deciding to make the government information public. Twenty-first the same applicant has repeatedly applied to the same administrative organ for the disclosure of government information with the same content, and the administrative organ has given an accurate and complete reply, so it may not reply. If the application submitted by the applicant has no contact information, so that the administrative organ cannot contact the applicant, the administrative organ shall register the application and keep it for 1 year. Twenty-second 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 require correction, and the administrative organs shall 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-third 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 an application is accepted on the spot, the reply period shall be counted from the date when the administrative organ receives the application. If an application is submitted through the Internet, the reply period shall be counted from the date when the electronic text of the application enters the e-mail box of the accepting administrative organ. Where an application is made by letter, telegram or fax, the time limit for reply shall be counted from the date when the administrative organ receives the letter, telegram or fax. The administrative organ shall timely register and put on record the accepted application. The time when the administrative organ submits the confidentiality review shall not be counted in the reply period. 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 in the reply period. If the applicant changes or supplements the application for government information disclosure, as a new application, the reply period will be recalculated. Due to force majeure or other legal reasons, the administrative organ cannot reply to the applicant or provide government information to the applicant within the prescribed time limit, and the time limit shall be suspended. The suspension time is not counted in the reply period. The applicant shall be informed of the suspension and resumption of the time limit in a timely manner. (1) If it belongs to the scope of voluntary disclosure, the administrative organ shall inform the applicant to inquire in the government gazette, government website or the consulting place designated by the administrative organ, and provide detailed inquiry methods. (two) belong to the scope of non disclosure, the administrative organ issued a "notice of non disclosure of government information", to inform the applicant of the reasons for non disclosure. (three) the application for disclosure of government information does not exist, the administrative organ issued a "government information does not exist notice" to inform the applicant. (4) If it is not disclosed by the administrative organ according to law, the administrative organ shall issue a notice of government information of the non-administrative organ; if the public organ can determine the government information, it shall inform the applicant of the name and contact information of the administrative organ; Unable to determine the government information disclosure organ, inform the applicant to consult the competent department of government information disclosure at the same level. (five) the application for disclosure of government information contains contents that should not be disclosed, but can be handled separately, and the administrative organ shall issue a notice of partial disclosure of government information to provide the applicant with the information content that can be disclosed. (6) If the content of the application is unclear or the format of the application is not complete, the administrative organ shall issue a Notice of Application for Correction, and inform the applicant to make corrections at one time. (seven) if the administrative organ considers that the contents of the government information that the applicant applies for disclosure have nothing to do with the applicant, and the applicant cannot supplement the relevant reasons, the administrative organ may decide whether to disclose the government information to the applicant according to the specific circumstances. Article 25 The government information provided by an administrative organ to an applicant shall be existing, and it shall not undertake the obligation to summarize, process or re-create government information for the applicant, nor shall it undertake the obligation to collect information from other administrative organs or citizens, legal persons and other organizations. Twenty-sixth administrative organs in accordance with the application to provide government information, you can charge the actual retrieval, copying, mailing and other costs, the specific standards formulated by the provincial price department in conjunction with the provincial finance department. Rural five-guarantee recipients, urban and rural residents' minimum living guarantee recipients, and special care recipients who enjoy state pension subsidies may be exempted from relevant expenses with valid certificates issued by local township (town) people's governments or sub-district offices and with the consent of the person in charge of government information disclosure agencies. If there are other economic difficulties, the relevant expenses may be reduced or exempted as appropriate. Administrative organs shall not provide government information in the form of paid services through other organizations and individuals. Chapter IV Confidential Review Article 27 The administrative organ shall follow the principles of "first review, then release, who is public and who is responsible" and "one case in the first instance", and establish and improve the confidential review system for government information disclosure and the registration system for government information release. Twenty-eighth administrative organs shall, in accordance with the "People's Republic of China (PRC) Law on Guarding State Secrets" and other laws and regulations and the relevant provisions of the state, review the government information to be disclosed. Without examination and approval, government information shall not be released to the outside world. Article 29 Administrative organs shall not disclose the following government information: (1) State secrets clearly marked as "secret", "confidential" and "top secret" according to the provisions of the Secrecy Law; (2) The content involves commercial secrets and personal privacy, and the obligee does not agree to make it public; (3) The disclosure may endanger national security, public security, economic security and social stability; (four) other circumstances that may not be disclosed by laws, regulations and relevant provisions. If the administrative organ believes that non-disclosure may have a significant impact on public interests, it may disclose the contents of item 2 of the preceding paragraph, but it shall inform the obligee of the contents and reasons for disclosure. Thirtieth government information-making organs shall, before the release of information, put forward opinions on whether to release it to the outside world and the scope of release. When an administrative organ cannot determine whether to disclose government information and the scope of disclosure, it shall report to the relevant competent department or the secrecy administrative department at the same level for determination in accordance with laws, regulations and relevant provisions of the state. When the government information formed by two or more administrative organs is to be made public, the host administrative organ shall be responsible for the confidentiality review before it is made public, and shall obtain the written consent of other administrative organs before it can be made public. Thirty-first state secrets that have exceeded the confidentiality period shall be made public by the administrative organ in accordance with the relevant provisions of the decryption procedure. Chapter V Supervision and Responsibility Article 32 People's governments at all levels shall establish and improve the assessment system, social appraisal system and accountability system for government information disclosure. Adhere to the principles of objectivity, fairness, openness, effectiveness and promotion, and incorporate the disclosure of government information into the annual target performance appraisal. The assessment contents mainly include: (1) system construction; (2) Work promotion, system construction and implementation; (3) Publicizing government information on government websites, national archives (government information reference service center), public libraries and government bulletins; (four) the initiative to open government information; (five) according to the application of government information disclosure; (six) confidentiality review of government information release; (seven) government information provided by administrative organs to the National Archives (government information reference service center) and public libraries; (eight) the handling and reply of reports, complaints, administrative reconsideration and administrative litigation. The competent department of government information disclosure and the supervisory organ are responsible for supervising and inspecting the implementation of government information disclosure by administrative organs. Thirty-third government information disclosure departments at all levels and government target performance appraisal departments are responsible for assessing the government information disclosure work of administrative organs and publishing the assessment results. To sum up, the disclosure of government information is related to the efficiency and credibility of the government. According to the Interim Provisions on Information Disclosure in Guizhou Province, information disclosure is divided into active disclosure and application disclosure, which belongs to active disclosure. The relevant departments shall make the information public within 20 days from the date of formation, and can choose various ways, including news media, government websites, press conferences, books and magazines, etc.