The term "government information" as mentioned in these Provisions refers to the information that is mastered, produced or obtained by administrative organs in the process of performing their duties or providing public services, and recorded and preserved in a certain form.
The administrative organs mentioned in these Provisions refer to the people's governments at all levels in this Municipality and their departments, institutions and agencies.
1. Organization and leadership of information disclosure
1. 1 The Municipal People's Government Information Disclosure Leading Group is the leading body of the city's information disclosure, and its office is located in the general office of the Municipal People's Government, which is specifically responsible for the daily management of the city's government information disclosure work, and organizes and guides the implementation of these Provisions.
1.2 the departments of the municipal people's government, the district and county people's governments and their subordinate departments shall establish and improve the working system of government information disclosure of their administrative organs, and the designated institutions (hereinafter referred to as the working institutions of government information disclosure) shall be responsible for the daily work of government information disclosure of their administrative organs.
1.3 Specific responsibilities of government information disclosure agencies:
(1) To specifically undertake the government information disclosure work of this administrative organ;
(two) to maintain, update and disclose the government information of the administrative organ;
(three) to organize the preparation of the government information disclosure guide, the government information disclosure catalogue and the annual report of the government information disclosure work of the administrative organs;
(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.
1.4 establish a joint meeting system for government information disclosure. The leading group for information disclosure of the Municipal People's Government is responsible for holding regular joint meetings attended by government offices, legal system, supervision, information and other relevant departments to study, coordinate and solve important problems in the process of government information disclosure. The joint meeting is held every six months 1 time, and can be held temporarily under special circumstances.
1.5 disclosure of government information in accordance with the principle of "who is open, who is responsible", government information disclosure agencies at all levels review the authenticity, legality and confidentiality of government information disclosed by their own organs, and the disclosure of important information is reported to the municipal government information disclosure leading group for examination and approval.
2. The scope of government information disclosure
2. 1 The administrative organ voluntarily discloses government information that meets one of the following basic requirements:
(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 matters that should be voluntarily disclosed by laws, regulations and relevant provisions of the state.
2.2 The departments of the Municipal People's Government, the district and county people's governments and their subordinate departments shall, in accordance with the provisions of these Provisions on voluntary disclosure, determine the contents of voluntary disclosure of government information within the scope of their respective duties, focusing on the disclosure of the following government information:
(1) Interpretation of laws, regulations and normative documents on social management and public services and related policies;
(2) national economic and social development planning, special planning, industry planning and related policies;
(3) Statistical information on national economic and social development;
(4) Basic information such as population, enterprises, natural resources, spatial geography and macroeconomics;
(5) Financial budget and final accounts report and annual audit report;
(six) the catalogue and quota standard of centralized government procurement projects, public bidding announcement, procurement results and supervision, contact information for accepting government procurement complaints and complaint handling results, and the directory of government procurement bidding agencies, etc. ;
(seven) the approval and public bidding of major urban construction projects and the progress of the project, the establishment, investment and acceptance of public welfare projects invested by the government;
(eight) the items, basis and standards of administrative fees;
(nine) the items, basis, procedures and standards of administrative punishment;
(10) Basis, quantity and adjustment of administrative licensing (examination and approval) matters, conditions, procedures and time limit for handling administrative licensing (examination and approval) matters, as well as the list of all materials to be submitted and the handling situation when applying for administrative licensing;
(1 1) Matters, conditions, procedures, landing address, telephone number, handling results, etc. The acceptance of administrative licenses and online services by administrative organs online;
(12) policies, measures and implementation in education, medical care, social security, poverty alleviation and employment promotion;
(13) Emergency plan, early warning information and response measures for major emergencies, such as epidemic situation, disaster situation, food safety, public security or criminal cases, traffic accidents, etc. , affecting public safety;
(14) Management, use and distribution of emergency rescue and disaster relief, special care, relief and social donations;
(15) Supervision and inspection of environmental protection, public health, production safety, food and medicine, and product quality;
(16) Land expropriation or requisition, assignment of operating land use rights, assignment of exploration and mining rights, property rights disposal and transaction of state-owned enterprises;
(17) approval documents for house demolition, resettlement plan, compensation standard, subsidy distribution, use and resettlement;
(18) Construction, purchase and lease conditions, sale and lease of affordable housing and low-rent housing.
(19) organizational structure, functions, office location, contact information, main leadership responsibilities, and changes in administrative institutions;
(20) Civil servants refer to the recruitment and employment information of the staff of the civil servant management unit, as well as the basis, conditions, procedures and employment results of the resettlement of demobilized military cadres and veterans and the introduction of talents;
(2 1) Pricing and price adjustment of public facilities and public services;
(twenty-two) other government information that should be disclosed by laws, regulations and rules.
2.3 The Township People's Government shall, in accordance with the provisions of these Provisions on voluntary disclosure, determine the specific contents of government information voluntarily disclosed within its scope of duties, and focus on the disclosure of the following government information:
(1) the implementation of the national rural work policy;
(2) financial revenue and expenditure, management and use of various special funds;
(3) the overall planning of township land use and the audit of homestead use;
(4) Land expropriation or requisition, house demolition, payment and use of compensation and subsidies;
(five) township debt, financing and labor;
(6) the distribution of emergency rescue and disaster relief, special care, relief and social donations;
(seven) contracting, leasing and auction of township collective enterprises and other township economic entities;
(8) Implementing the family planning policy.
2.4 In addition to the government information voluntarily disclosed by the administrative organ, citizens, legal persons or other organizations may also apply to the administrative organ for obtaining relevant government information according to their own special needs such as production, life and scientific research.
2.5 Before disclosing government information, the administrative organ shall 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.
2.6 The disclosure of government information by administrative organs shall not endanger national security, public security, economic security and social stability. 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.
2.7 If the government information released by an administrative organ involves other administrative organs, it shall communicate with the relevant administrative organs for confirmation to ensure the accuracy and consistency of the government information released by the administrative organs.
2.8 The administrative organ shall not disclose government information that involves state secrets, commercial secrets, personal privacy or has been made public before the administrative organ takes a specific administrative act, which may affect national interests, public interests and law enforcement activities. However, government information that involves commercial secrets and personal privacy and may have a significant impact on public interests may be disclosed with the consent of the obligee or the administrative organ.
3. Open mode
3. 1 The government information voluntarily disclosed by administrative organs in accordance with these Provisions shall be disclosed in one or more of the following ways according to the characteristics of the information:
(1) is made public on China Xi website or the internet website of this administrative organ;
(two) regularly publish special issues of government information or use newspapers, radio, television and other news media to release government information;
(3) set up a fixed government information disclosure hall, bulletin board, electronic screen, electronic touch screen, etc. ;
(4) placed in the office for public inspection;
(5) Hold regular government press conferences;
(six) the establishment of government information disclosure service hotline;
(seven) other forms to facilitate public access to information.
Government information that can be made public through the website should be made public on the China Xi portal website, so as to facilitate citizens, legal persons or other organizations to obtain government information.
3.2 Administrative organs shall not set up reading barriers when providing government information. The administrative organ shall provide necessary assistance to disabled and illiterate applicants with reading difficulties.
3.3 The people's governments of all districts, counties and towns shall set up government information bulletin boards or inquiry offices in government locations or crowded public places.
4. Open procedures
4. 1 The administrative organ shall, according to the Guide and Catalogue of Government Information Disclosure of Xi People's Government, compile the guide and catalogue of government information disclosure of this administrative organ and update it in time.
(1) The government information disclosure guide shall include the classification, arrangement system and acquisition method of government information, and the name, office address, office hours, contact telephone number, fax number and e-mail address of the government information disclosure institution;
(2) The catalogue of government information disclosure shall record the index, name, content summary, generation or change date of government information.
4.2 The government information voluntarily disclosed shall be disclosed within 20 working days from the date when the government information is formed or changed. Where there are other provisions in laws and regulations on the time limit for government information disclosure, those provisions shall prevail.
4.3 Citizens, legal persons or other organizations applying for access to government information in accordance with these Provisions may apply to the administrative organ that holds the information by letter, fax, e-mail, or apply for disclosure of government information through China Xi. If it is indeed difficult to adopt the above form, the applicant may also make an oral proposal, and the administrative organ that accepts the application will fill in the application form for government information disclosure. The application shall include the following contents:
(1) Name and contact information of the applicant;
(two) a description of the contents of the government information applied for disclosure;
(3) The formal requirements for the government information to be disclosed.
4.4 Citizens, legal persons and other organizations that require administrative organs to provide them with government information related to their own registration, tax payment, social security, medical and health care shall submit a written application to the administrative organ with valid identity documents. The written application shall include a description of the contents of the required government information, and shall be signed or sealed. 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.
4.5 After receiving the application, the administrative organ shall give a written reply according to the following circumstances:
(1) belongs to the public scope, 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 name and contact information of the administrative organ;
(4) If the application content is not clear, inform the applicant to modify or supplement the application.
4.6 If the government information applied for disclosure contains contents that cannot be disclosed but can be handled separately, the part that can be disclosed shall be disclosed to the applicant.
4.7 If the administrative organ thinks that the government information applied for disclosure involves business secrets and personal privacy, and the disclosure may harm the legitimate rights and interests of a third party, it shall solicit the opinions of the third party 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.
4.8 The administrative organ shall reply to the applicant within 15 working days from the date of receiving the application for government information disclosure. If it is impossible to decide whether to disclose or provide information within the prescribed time limit due to objective reasons such as information processing, it shall be approved by the person in charge of the government information disclosure agency and inform the applicant that the longest extension of the reply period shall not exceed 15 working days.
4.9 The government information disclosed by the administrative organ according to the application shall 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.
4. 10 the standards for the administrative organs to collect the retrieval, copying and mailing fees shall be implemented in accordance with the provisions of the state and the competent price department. Citizens who have real financial difficulties in applying for the disclosure of government information may reduce or exempt the relevant expenses with the approval of the person in charge of the government information disclosure work agency.
5. Supervision and inspection
5. 1 governments at all levels shall establish and improve the assessment system, social appraisal system and accountability system for government information disclosure, and conduct regular assessment and appraisal on government information disclosure.
5.2 The general office of the municipal government and the Municipal Supervision Bureau conduct annual assessment of the city's government information disclosure, and the Municipal Information Office is responsible for the assessment of online government information disclosure, and the assessment results will be incorporated into the city's comprehensive target assessment system.
5.3 The administrative organ shall publish its annual report on government information disclosure before March 1 every year. The report shall include the following contents:
(1) The situation in which administrative organs voluntarily disclose government information;
(two) the administrative organ refuses to disclose government information according to the application;
(3) Fees and remedies for government information disclosure;
(four) to apply for administrative reconsideration and administrative litigation because of the disclosure of government information;
(5) The main problems and improvement of government information disclosure;
(six) other matters that need to be reported.
5.4 Citizens, legal persons or other organizations may report to the superior administrative organ, the supervisory organ or the competent department of government information disclosure if they think that the administrative organ fails to fulfill the obligation of government information disclosure according to law. The administrative organ that receives the report shall investigate and handle it.
5.5 If the administrative organ and its staff violate these regulations and have any of the following circumstances, the General Office of the Municipal People's Government and the supervisory organ shall order them to make corrections or give informed criticism; If it fails to change within the time limit, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law:
(1) Failing to fulfill the obligation of voluntary disclosure and updating the government information that should be voluntarily disclosed in time;
(2) Concealing, failing to provide or failing to provide timely government information that should be made public, and providing false or untrue government information to the applicant;
(3) Failing to compile or update the government information disclosure guide and catalogue on schedule;
(four) did not establish and improve the relevant system in accordance with the requirements of these Provisions, which affected the disclosure of government information;
(5) disclosing government information that is false or should not be disclosed;
(six) collect fees in violation of regulations or provide government information in the form of paid services through other organizations and individuals;
(seven) other acts in violation of the provisions.
5.6 If a citizen, legal person or other organization thinks that an administrative organ violates these regulations and infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law.
6. Others
6. 1 These Provisions shall apply to government information disclosure activities within the administrative area of this Municipality.
6.2 These Provisions shall apply to the activities of organizations authorized by laws and regulations with the function of managing public affairs to disclose government information.
6.3 These Provisions shall be implemented as of the date of promulgation.