Article 1 In order to protect the right of individuals and organizations to know, standardize the disclosure of government information, increase the transparency of administrative activities, and supervise government organs to exercise their functions and powers according to law, these Provisions are formulated in accordance with the provisions of relevant laws and regulations and the actual situation of this Municipality.
Article 2 The term "government information" as mentioned in these Provisions refers to information produced, obtained or owned by people's governments at all levels, their functional departments and organizations exercising administrative functions according to law in the process of managing or providing public services.
Article 3 These Provisions shall apply to the disclosure of government information within the administrative area of Shanxi Province.
Article 4 People's governments at all levels, their functional departments and organizations exercising administrative functions and powers according to law are obligors of publicity, and shall fulfill the obligation of government information disclosure according to law.
Individuals and organizations are public rights holders and enjoy the right to obtain government information according to law.
Article 5 People's governments at all levels shall be responsible for organizing the implementation of these Provisions.
The legal institutions and supervision departments of the people's governments at all levels shall supervise the implementation of these Provisions in accordance with their respective functions.
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 and fairness.
Article 7 When exercising the right to obtain government information, the public obligee shall not infringe upon personal privacy, business secrets, state secrets and other social and public interests.
No individual or organization may illegally obstruct or restrict the publicity obligor's activities of publicizing government information and the publicity obligee's exercise of the right to obtain government information according to law.
Article 8 A publicity obligor shall not charge for providing government information in accordance with these Provisions, except as otherwise provided by laws, regulations and these Provisions.
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.
Chapter II Content Disclosure
Article 9 The obligor for publicity shall voluntarily disclose the government information of the following matters:
(a) the social and economic development strategy, development plan, work objectives and their completion in this administrative region;
(2) Major decisions concerning the overall situation;
(3) Rules, normative documents and other policy measures;
(four) the establishment, functions and basis of the government;
(five) the government administrative examination and approval items;
(six) the handling of major local emergencies;
(seven) the commitment to handle matters and their completion.
The obligor for publicity shall voluntarily disclose the following financial government information to the public:
(a) the annual budget report of the government adopted by the people's congress at the corresponding level and its implementation;
(two) the allocation and use of important special funds, the bidding and purchasing of important materials and the bidding and tendering of major capital construction projects;
(3) Social welfare undertakings invested by the government.
The obligor for publicity shall voluntarily disclose the following government information on personnel rights to the public:
(1) Resumes, division of labor and adjustment of leading members of the government;
(two) the advanced conditions, procedures and results of the recruitment, selection and appointment of civil servants;
(3) Diversion of personnel for government institutional reform.
Article 10 The obligor for publicity shall voluntarily disclose the following government information:
(a) the basis of the administrative act;
(2) Procedures for administrative acts;
(3) the time limit for the administrative act;
(four) the way and time limit of relief.
Article 11 When making an administrative decision, the obligor for publicity shall voluntarily inform the counterpart of the following government information:
(1) decision-making department;
(2) decision-making procedures;
(three) the basis and reasons for the decision;
(4) decide the result;
(five) the way and time limit of relief.
Article 12 The following internal government information of the obligor shall be made public internally:
(1) Integrity and self-discipline of leading members;
(2) Internal financial revenue and expenditure;
(3) the results of internal audit;
(4) personnel management of civil servants;
(5) Other internal government information that should be made public.
Article 13 The right holder of publicity has the right to apply to the publicity obligor for the disclosure of other government information not listed in Articles 9 and 10. In addition to the information prohibited by laws, regulations and these Provisions, the obligor for publicity shall disclose it to the obligee for publicity upon application.
The right holder of publicity has the right to require the obligor of publicity to disclose the government information related to him. If the right holder of publicity finds that the information is wrong or inaccurate, he has the right to ask the obligor of publicity to correct it.
Fourteenth the following government information shall not be made public:
(1) Personal privacy;
(2) Business secrets;
(3) State secrets;
(four) the government information in the process of deliberation and discussion, except as stipulated in article nineteenth;
(five) other government information prohibited by laws and regulations.
Chapter III Disclosure Methods
Fifteenth according to the provisions of the ninth and tenth public government information, should be based on the characteristics of the information to be disclosed in one or more of the following ways:
(a) the establishment of a unified comprehensive government portal;
(two) regularly publish special issues of government information or use newspapers, radio, television and other media to release government information;
(three) the establishment of a fixed government information disclosure hall, public column, electronic screen, electronic touch screen, etc. ;
(four) to hold regular government press conferences;
(five) the establishment of government information disclosure service hotline;
(six) other forms that are convenient for the public to know.
Article 16 The disclosure of government information in accordance with Article 11 of these Provisions shall be conducted in the following ways:
(a) before making a decision, show the law enforcement certificate to the counterpart, and inform the counterpart of the corresponding rights and obligations, the applicable procedures and legal basis of the decision in writing or orally in advance;
(two) after the decision is made, the law enforcement documents are made public. Law enforcement documents shall specify the contents stipulated in Article 11 of these Provisions.
Article 17 The internal government information disclosed in accordance with Article 12 of these Provisions may be disclosed in an appropriate way according to the actual situation of the obligor for disclosure.
Eighteenth in accordance with the provisions of article thirteenth of the government information disclosure, can be obtained according to the characteristics of the information, playback, video playback or electronic reading.
Article 19 Before making a formal decision, a pre-publicity system shall be implemented for matters involving the vital interests of individuals or organizations or having significant social impact. The decision-making department shall announce the plan and reasons for the proposed decision to the public, and make adjustments after fully listening to the opinions before making a decision.
Chapter IV Open Procedures
Article 20 If the obligor for publicity fails to perform the obligation of voluntary publicity as stipulated in Articles 9 and 10 of these Provisions, the obligee for publicity may request the obligor for publicity to perform it in writing or through the comprehensive government portal website, and the obligor for publicity shall make it public within 15 working days from the date of receiving the application for publicity. Where the contents applied for by the obligee for publicity have been made public, the obligor for publicity shall give guidance.
If the obligor for publicity fails to fulfill the voluntary disclosure obligation stipulated in Article 11 of these Provisions, the relative person may make a request to the obligor for publicity at any time, and the obligor for publicity shall immediately disclose it to the relative person.
Twenty-first publicity rights in accordance with the provisions of article thirteenth of the application for publicity, you can apply in writing or orally; If the application is made orally, the obligor for publicity shall record it on the spot. The application shall include the following contents:
(1) Basic information of the applicant, including name, address, identity certificate and contact information, etc. ;
(two) the specific content of the request for disclosure;
(3) The signature or seal of the applicant;
(4) application time.
Article 22 After receiving the application, the publicity obligor shall immediately serve the acceptance receipt to the publicity obligee, and decide whether to publicize it within 15 working days from the date of receiving the application, and at the same time make a publicity decision and serve it to the publicity obligee.
Due to objective reasons such as information processing and other legitimate reasons, the obligor for publicity may extend the time limit for making a decision on whether to make public to 30 working days, and shall inform the obligee for publicity of the extended time limit and reasons in writing in time.
If the obligor for publicity decides to make it public, it shall specify the time, place, method and expenses to be paid in the public decision; If the decision is partially made public or not, the reasons shall be explained in the public decision.
The publicity time shall not exceed 15 working days from the date when the obligor for publicity makes a public decision.
Twenty-third the application for disclosure of government information contains prohibited or restricted content, but it can be handled separately. The part that can be made public shall be made public to the applicant.