What are the rules for information disclosure in Hangzhou?

As a very developed city, Hangzhou inevitably requires the local government to have a clear understanding of its responsibilities, so it requires the Hangzhou government to disclose information about citizens' interests to citizens as soon as possible for supervision and inspection when making administrative decisions. So, what are the rules for information disclosure in Hangzhou? 1. What are the regulations for information disclosure in Hangzhou? Chapter I General Provisions Article 1 In order to establish a fair and transparent administrative system, safeguard the right to know of citizens, legal persons and other organizations, and supervise government agencies to perform their duties according to law, these Provisions are formulated in accordance with the relevant provisions of the Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information and other laws and regulations, combined with the actual situation of this Municipality. Article 2 The term "government information" as mentioned in these Provisions refers to information recorded and preserved in a certain form produced or obtained by people's governments at all levels and their departments in the process of performing administrative duties or providing public services. 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. Article 3 These Provisions shall apply to the disclosure of government information within the administrative area of Hangzhou. Article 4 The municipal, district and county (city) people's governments shall establish a joint meeting system for government information disclosure. The joint meeting is composed of the general office of the government, the information management department, the supervision department, the legal institution of the government and other relevant government departments, and is responsible for studying, coordinating and promoting important issues in the process of government information disclosure. City, District, county (city) people's government information administrative departments responsible for organizing, guiding and promoting the implementation of these provisions. The legal institutions and supervision departments of the people's governments of cities, districts and counties (cities) shall supervise the implementation of these Provisions in accordance with their respective responsibilities. Article 5 People's governments at all levels and their functional departments, as well as organizations authorized by laws and regulations to manage public affairs, are obligors of government information disclosure (hereinafter referred to as obligors of disclosure) and shall fulfill their obligations of government information disclosure according to law. The obligor for publicity shall designate the specialized agencies and personnel in this department to handle the affairs of government information disclosure, be responsible for the daily work of government information disclosure in this department, and publish their contact information. Citizens, legal persons and other organizations are the obligees of government information disclosure (hereinafter referred to as obligees) and enjoy the right to obtain government information according to law. The specific responsibilities of the organization responsible for the daily work of government information disclosure in this unit (hereinafter referred to as the government information disclosure organization) are: (1) to undertake the government information disclosure work in this unit; (two) to maintain and update the government information disclosed by the unit; (three) to organize the preparation of government information disclosure guidelines, government information disclosure catalogue and 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 stipulated by the unit. Article 6 The principle of government information is publicity, with the exception of non-publicity. Government information disclosure should follow the principles of legality, timeliness, truthfulness, justice and convenience. The obligor for publicity shall timely and accurately disclose government information. If false or incomplete information that affects or may affect social stability and disrupt social management order is found, accurate government information shall be released within the scope of its duties for clarification. Article 7 No citizen, legal person or other organization may illegally obstruct or restrict the activities of publicity obligors or the right of publicity obligees to obtain government information according to law. Article 8 The obligor for publicity shall establish and improve the coordination mechanism of government information release. When releasing government information involving other units, the publicity obligor shall communicate with relevant units for confirmation, so as to ensure the accuracy and consistency of the disclosed government information. If the obligor for publicity needs to approve the release of government information in accordance with the relevant provisions of the state, it shall not be released without approval. Article 9 People's governments at all levels shall include government information disclosure funds into the annual budget to ensure the normal conduct of government information disclosure activities. Article 10 The disclosure of government information by a publicity obligor shall not endanger national security, public security, economic security and social stability. Chapter II Disclosure Contents Article 11 A disclosure obligor shall voluntarily disclose government information that meets one of the following basic requirements: (1) It involves the vital interests of citizens, legal persons or other organizations; (2) It needs to be widely known or participated by the public; (three) reflect the organization, functions and procedures. ; (four) other in accordance with laws, regulations and relevant provisions of the state should take the initiative to open. Article 12 The municipal, district and county (city) people's governments and their departments shall, in accordance with the provisions of Article 11 of these Provisions, determine the specific contents of government information to be voluntarily disclosed within the scope of their respective duties, and mainly disclose the following government information: (1) Administrative regulations, rules and normative 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 items, basis and standards of administrative fees; (six) the catalogue, standards and implementation of centralized government procurement projects; (seven) 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; (eight) the approval and implementation of major construction projects; (nine) policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion; (ten) emergency plan, early warning information and response measures for public emergencies; (eleven) environmental protection, public health, production safety, food and drug, product quality supervision and inspection; (twelve) major issues of urban and rural construction and management; (thirteen) the construction of social welfare undertakings; (fourteen) the payment and use of land acquisition or requisition, house demolition and compensation, subsidy fees; (fifteen) the management, use and distribution of emergency rescue and disaster relief, special care, relief and social donations. Thirteenth city, district, county (city) people's government and its departments to focus on the disclosure of government information should include the following contents: (a) land supply, real estate transactions; (two) the construction and distribution of affordable housing, the construction and application of low-rent housing; (three) the bidding situation and the progress of major urban infrastructure projects; (four) the use of important special funds and funds; (five) the conditions, procedures and results of the recruitment, employment and public selection of cadres of civil servants; (six) the organization, office address and contact information of the obligor; (seven) the functions, basis, working conditions, working procedures, working period, supervision and relief channels of the obligor; (eight) the name, division of responsibilities and contact information of the staff of the public obligor; (nine) other government information that should be disclosed in accordance with laws, regulations and rules. Where there are other provisions in laws and regulations on the public authority of the matters mentioned in the preceding paragraph, such provisions shall prevail. Article 14 The township (town) people's government shall, in accordance with the provisions of Article 11 of these Provisions, determine the specific contents of government information voluntarily disclosed within its scope of duties, focusing on the following government information: (1) the implementation of the national rural work policy; (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. Article 15 In addition to the government information voluntarily disclosed by the obligor for publicity as stipulated in Articles 11, 12, 13 and 14 of these Provisions, citizens, legal persons or other organizations may also apply to the obligor for access to relevant government information according to their own special needs such as production, life and scientific research. In addition to the contents prohibited by laws, regulations or these Provisions, the obligor for publicity shall disclose them to the obligee for publicity upon application. Sixteenth matters involving the vital interests of citizens, legal persons and other organizations, or matters with great social impact, should be implemented before formal decision-making. Before making a decision, the drafting organ or the decision-making organ shall make the draft public and fully listen to public opinions. Article 17 The following government information is exempt from disclosure: (1) It is a state secret; (2) Involving commercial secrets; (3) Involving personal privacy; (four) in the process of investigation, discussion and handling, except as otherwise provided by laws, regulations and these Provisions; (five) related to administrative law enforcement, which, after publicity, may affect law enforcement activities such as inspection, investigation and evidence collection or threaten personal safety; (6) Other circumstances that are exempted from disclosure as stipulated by laws and regulations. The government information listed in items (2) and (3) of the preceding paragraph may not be restricted from disclosure under any of the following circumstances: (1) the obligee or the relevant party agrees to disclose it; (two) the obligor for publicity believes that non-disclosure may have a significant impact on the public interest, and shall inform the obligee or the relevant parties in writing of the contents and reasons for deciding to disclose the government information; (three) the provisions of laws and regulations can be made public. If the government information listed in items (4) and (5) of the first paragraph has obvious public interests and will not cause substantial damage, the obligor for publicity may decide to disclose it. Eighteenth publicity obligors shall establish and improve the confidentiality review mechanism of government information release, and clarify the review procedures and responsibilities. The obligor for publicity shall, before disclosing government information, 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 obligor for publicity is not sure whether the government information can be disclosed, it shall report it to the relevant competent business department or the secrecy department at the same level for confirmation in accordance with laws, regulations and relevant provisions of the state. Article 19 The obligor for publicity shall ensure the timeliness and effectiveness of the government information he discloses, and update it in time when the content of the government information disclosed changes. Chapter III Forms and Procedures of Disclosure Article 20 The government information disclosed in accordance with Articles 11, 12, 13 and 14 of these Provisions shall be disclosed in one or more of the following ways: (1) China Hangzhou government portal website and its sub-websites; (two) government information published in the government gazette or other special issues; (3) Newspapers, radio, television, computer information networks and other media; (four) public consultation rooms, information collection points, government information bulletin boards, electronic screens and other places or facilities; (5) press conference; (six) the government information disclosure service hotline; (seven) all kinds of archives and existing document reference service centers at all levels; (eight) other forms to facilitate the public to obtain government information in a timely and accurate manner. Article 21 The municipal, district and county (city) people's governments shall set up government information consulting places in the national archives and public libraries, and provide corresponding facilities and equipment to facilitate citizens, legal persons or other organizations to obtain government information. The obligor for publicity may, according to needs, set up public consultation rooms, information collection points, information bulletin boards, electronic information screens and other places and facilities for publicizing government information. Twenty-second government information produced by the obligor for publicity shall be made public by the unit that produces the government information; The government information obtained by the obligor for publicity from citizens, legal persons or other organizations shall be made public by the unit that keeps the government information. Where laws and regulations have other provisions on the authority of government information disclosure, those provisions shall prevail. The management of government information that has been handed over to archives and archival institutions shall be implemented in accordance with the laws, administrative regulations and relevant state regulations on archives management. Twenty-third belong 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, and provide it to the national archives and public libraries. Where there are other provisions in laws and regulations on the time limit for government information disclosure, those provisions shall prevail. Article 24 If the obligor for publicity fails to fulfill the obligation of voluntary publicity stipulated in Articles 11, 12, 13 and 14 of these Provisions, the obligee for publicity may ask the obligor for voluntary publicity by oral, written, e-mail or other means. The obligor for publicity shall make it public to the public within 10 days from the date of receiving the request for publicity. Where the contents requested by the obligee for publicity have been made public, the obligor for publicity shall give guidance. If it falls within the scope of voluntary disclosure obligations of other departments, the accepting department shall inform the right holder of publicity. Article 25 If the right holder of publicity requests to obtain other government information beyond the scope of voluntary publicity according to the provisions of Article 15 of these Provisions, he may apply to the obligor of publicity by means of letters, telegrams, faxes and emails. If it is really difficult to use a written form, the applicant may make an oral proposal, and the disclosure obligor who accepts the application shall fill in the application form for government information disclosure. The application shall contain the following contents: (1) the name, identity certificate and contact information of the applicant; (two) the description of the required government information content; (three) the form of government information disclosure requirements. Twenty-sixth disclosure obligor receives an application for government information disclosure, and can reply on the spot, it shall reply on the spot. If you can't reply on the spot, you should give a reply within 15 working days from the date of receiving the application. If it is necessary to extend the reply period due to objective reasons such as information processing and other legitimate reasons, it shall be approved by the person in charge of the government information disclosure organ and inform the applicant that the longest extension of the reply period shall not exceed 15 working days. If the government information applied for disclosure involves the rights and interests of a third party, the time required for the disclosure obligor to solicit the opinions of the third party shall not be counted within the time limit specified in the first and second paragraphs of this article. Article 27 If the government information applied for disclosure does not fall within the scope of acceptance by the disclosure obligor or does not exist, the disclosure obligor shall promptly inform the applicant; If the information disclosure obligor can be determined, the applicant shall be informed of the name and contact information of the disclosure obligor. If the contents of the application for publicity are not clear, the obligor accepting publicity shall inform the applicant to modify or supplement the application. If the same applicant applies repeatedly to the same publicity obligor for the same content, the publicity obligor shall not reply repeatedly. Twenty-eighth due to force majeure or other legal reasons, the publicity obligor can not reply to the applicant within the prescribed time limit, during the suspension period, the publicity obligor shall promptly notify the applicant in writing of the reasons for suspension. From the date when the reasons for suspension are eliminated, the period will continue to be counted. Article 29 Where the government information applied for disclosure contains contents that are prohibited or restricted from disclosure, but can be handled separately, the obligor for disclosure shall disclose the parts that can be disclosed to the applicant. When the disclosure obligor indicates to the applicant whether a certain government information exists, which will lead to the consequences of disclosing government information that should not be disclosed, the disclosure obligor has the right not to confirm the existence of the information. Thirtieth citizens, legal persons or other organizations to apply for disclosure obligations to provide government information related to their own tax payment, social security, medical and health care, etc., must produce valid identity documents or certification documents. Citizens, legal persons or other organizations that have evidence to prove that the records of government information related to them provided by the obligor for publicity are inaccurate have the right to request them to make corrections. If the publicity obligor has no right to make corrections, it shall transfer it to the unit that has the right to make corrections and inform the applicant. Article 31 The obligor for publicity shall disclose government information upon application and provide it 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. Thirty-second disclosure obligor provides government information in accordance with these Provisions, and can only charge the actual retrieval, copying, mailing and other costs from the publicity obligee according to law, and shall not charge other fees. Article 33 A publicity obligor shall not provide government information that the publicity obligee refuses to disclose or provides in the form of paid service or disguised paid service, and shall not provide it to the publicity obligee in the form of paid service or disguised paid service through enterprises, institutions or intermediary organizations that have subordinate relations or business guidance relations with the publicity obligor. Thirty-fourth disclosure obligor shall compile and publish the guide and catalogue of government information disclosure, and update them in time, and report them to the information administrative department at the same level for the record before the end of each year. The guide to the disclosure of government information shall include the classification, arrangement system and acquisition method of government information, the name, office address, office hours, contact telephone number, fax number, e-mail address and other contents of the government information disclosure institution. The catalogue of government information disclosure shall include the index, name, content summary, generation date and other contents of government information. Thirty-fifth people's governments at all levels should establish and improve the system of government spokespersons, and release government information to the society on behalf of the government at the corresponding level. Functional departments of people's governments at all levels and organizations authorized by laws and regulations to manage public affairs shall establish a spokesperson system for their own departments according to actual needs. Thirty-sixth citizens who apply for the disclosure of government information do have financial difficulties, and the relevant fees may be reduced or exempted upon their own application and approval by the person in charge of the government information disclosure agency. The publicity obligor shall provide necessary help to the disabled and illiterate applicants who have difficulty in reading. Chapter IV Supervision and Relief Article 37 The competent information department of the municipal, district and county (city) people's governments shall publish the annual report on government information disclosure in their respective administrative regions before the end of March each year. The annual report shall include the following contents: (1) the disclosure of government information by the obligor; (two) the statistics of the obligee's application for disclosure of government information; (3) Classified statistics of government information that the disclosure obligor agrees to disclose, partially disclose and exempt from disclosure according to the application; (four) the fees and reductions of government information disclosure; (5) Applying for administrative reconsideration or administrative litigation due to the disclosure of government information; (six) the main problems and improvement measures; (seven) other important matters that should be reported. The disclosure obligor shall summarize the government information disclosure work of the department in the previous year before the end of each year, and provide a written summary report to the competent information department. Article 38 The legal institution of the Municipal People's Government shall, jointly with relevant departments, be responsible for regularly evaluating the implementation of government information disclosure by government departments at the corresponding level, organizations authorized by laws and regulations with the function of managing public affairs, and district and county (city) people's governments. The legal institution of the district/county (city) people's government is responsible for regularly evaluating the implementation of government information disclosure by government functional departments at the corresponding level, organizations with the function of managing public affairs, government agencies and township governments in conjunction with relevant departments. The specific assessment criteria shall be formulated separately by the Municipal People's Government. Thirty-ninth publicity obligor in violation of these provisions, one of the following circumstances, the supervisory organ and the administrative department at a higher level shall be ordered to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to fulfill the obligation of government information disclosure according to law; (two) do not update the contents of government information, government information disclosure guidelines and government information disclosure catalogue in a timely manner; (3) collecting fees in violation of regulations; (four) providing government information in the form of paid services through other organizations and individuals; (5) disclosing government information that should not be disclosed; (six) other acts in violation of regulations. Fortieth disclosure obligor in violation of the provisions, did not establish and improve the confidentiality review mechanism of government information release, the supervisory organ and the superior administrative department shall order it to make corrections; If the circumstances are serious, the principal responsible person of the administrative organ shall be punished according to law. Article 41 If the obligor for publicity violates these regulations, conceals or provides false government information, or divulges business secrets or personal privacy, thus causing damage to the parties concerned, he shall be liable for compensation according to law; Relevant personnel suspected of committing a crime shall be handed over to judicial organs for handling. Article 42 If the obligee of publicity thinks that the obligor of publicity has not fulfilled the obligation of government information disclosure according to law, he may report it to the supervisory department or the superior competent department of the obligor of publicity. The organ that accepts the report shall investigate and handle it. If the obligee of publicity thinks that the specific administrative act of the obligor of publicity in the work of government information disclosure infringes upon his lawful rights and interests, he may apply for administrative reconsideration or bring an administrative lawsuit according to law. Chapter V Supplementary Provisions Article 43 The people's governments of all districts and counties (cities), the functional departments of the municipal government and organizations authorized by laws and regulations to manage public affairs may formulate specific implementation rules in accordance with these Provisions. Education, health care, family planning, water supply, power supply, gas supply, heating, environmental protection, public transportation and other public enterprises and institutions closely related to the interests of the people in the process of providing social public services, with reference to these Provisions. To sum up, all government agencies in Hangzhou should disclose all information related to the people's interests in accordance with the above provisions to ensure that the public's interests will not suffer losses because of the certainty of the right to know. In reality, similar to the information disclosure disputes between citizens and the government, lawyers should be entrusted to file lawsuits in time.