Measures of Guangzhou Municipality on Information Disclosure by Application (revised in 2007)

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, these Measures are formulated in accordance with the Regulations of Guangdong Province on the Openness of Government Affairs. Article 2 The term "disclosure of government information upon application" as mentioned in these Measures 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 The people's governments at all levels in this Municipality, their functional departments and organizations exercising administrative functions 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. Fourth people's governments at all levels are responsible for organizing the implementation of these measures.

Supervision departments at all levels are responsible for supervising the implementation of these measures. Article 5 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 6 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 obligee for publicity to file an application or consultation on government information disclosure.

The obligor for publicity shall implement e-government, set up and publicize the column of "Disclosure of Government Information by Application" on the website of the unit, so as to facilitate the obligee for publicity to file an application in the form of data message. Article 7 The obligor for publicity shall establish and improve the system of disclosure upon application, formulate the guidelines for disclosure upon application, and make them 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) Ways of relief;

(four) other matters that need to be explained. Article 8 The government information disclosed upon application does not include the following government information:

(1) Government information voluntarily disclosed;

(two) information that belongs to state secrets or may lead to the disclosure of state secrets;

(3) Information that belongs to trade secrets or may lead to the disclosure of trade secrets;

(4) Information that belongs to personal privacy or may cause damage to the legitimate rights and interests of individuals after disclosure;

(five) internal government information and internal government documents;

(six) information in the process of internal research, discussion or deliberation;

(seven) 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;

(eight) other government information prohibited by laws, regulations and rules.

In order to safeguard the national interests, social interests or other important legitimate rights and interests such as the life and health of others, the government information specified in Items (3) and (4) of the first paragraph of this article may be made public, but it shall be handled in accordance with the provisions of Article 14 of these Measures.

The obligor for publicity believes that publicity has obvious public interests and great social impact, and will not affect administrative decision-making, administrative law enforcement and endanger the personal safety of others. If there are other provisions in laws and regulations, he may disclose the government information specified in paragraphs 1, 5, 6 and 7 of this article. Article 9 When applying for the disclosure of government information, the right holder of publicity shall provide the obligor of publicity with his own identity certificate or relevant certificates of organization. Where an application is filed in the name of an organization, a written power of attorney and the identity certificate of the legal representative or principal responsible person shall also be issued. Article 10 The right holder of publicity shall apply for the disclosure of government information in written form such as paper or data message. If it is really difficult to apply in writing, the public right holder may apply orally or entrust a third person to apply.

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;

(3) The signature or seal of the applicant;

(4) application time. Eleventh disclosure obligor after receiving the application for government information disclosure, it shall immediately deal with it according to the following circumstances:

(a) the application for disclosure of government information does not belong to the scope of functions and powers of the disclosure obligor, it shall inform the applicant to apply to the relevant disclosure obligor;

(two) 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;

(three) 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;

(four) if the government information applied for disclosure belongs to the scope of disclosure, it shall make a public decision and provide relevant information.

If a decision cannot be made immediately, it shall give a reply within fifteen 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 longest extension of the reply period shall not exceed fifteen 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 stipulated in this article.