ZJB [2008] No. 172
Education bureaus of all cities and counties (cities and districts), colleges and universities, departments and directly affiliated units of departments:
In order to ensure that citizens, legal persons and other organizations can obtain government information according to law, improve the transparency of education administration, and unblock the communication channels with the people, the Implementation Measures for the Publicity of Government Information of Zhejiang Provincial Education Department is formulated in accordance with the Regulations of the People's Republic of China on the Publicity of Government Information and in combination with the actual work. It is hereby printed and distributed, and please implement it carefully.
August 19, 2008
Implementation Measures of Zhejiang Provincial Education Department for the Publicity of Governmental Information
Chapter I General Provisions
Article 1 In order to ensure that citizens, legal persons and other organizations have access to government information of the Department of Education according to law, improve the transparency of education work, strengthen the supervision of the operation of administrative power, unblock the communication channels with the people, and standardize the disclosure of government information of the Department of Education, in accordance with the Regulations of the People's Republic of China on the Disclosure of Government Information and in combination with the actual work of the Department of Education, The Measures are formulated.
Article 2 The government information of the Education Department referred to in these Measures refers to the information produced or obtained by the Education Department in the process of performing its duties according to law and providing public services, which is recorded and preserved in a certain form.
Article 3 These Measures shall apply to all departments of the Department of Education (hereinafter referred to as "all departments").
Article 4 The leading group for government information disclosure of the Department of Education (hereinafter referred to as the leading group) shall be composed of the relevant leaders of the Department and the heads of the relevant units such as the Office of the Department, the Policy and Regulation Division, the Party Committee of the organ, the Supervision Office, the Personnel Division, the Planning and Finance Division, the Basic Education Division, the Vocational and Adult Education Division, the Higher Education Division, the High tech Division, the Foreign Affairs Division, the Education Examination Institute, the Education Newspaper, the Audio visual Education Center, etc, Fully responsible for the government information disclosure work of the department, including examining and approving the government information disclosure work plan and relevant systems, coordinating and promoting the deployment of government information disclosure work, studying and deciding on major issues in the government information disclosure work, guiding and promoting the government information disclosure and school affairs disclosure work of the provincial education system, etc.
Article 5 Under the leading group, there is a government information disclosure office, which is specifically responsible for the daily work of government information disclosure of the department. Its main responsibilities are:
（1） To draw up work plans and annual plans for the disclosure of government information and organize their implementation;
（2） Be responsible for drafting relevant rules and regulations for government information disclosure, and establishing and improving the corresponding working mechanism;
（3） Organize the preparation of the directory of government information disclosure of the Department of Education, the guide to government information disclosure and the annual report on government information disclosure;
（4） Coordinate and organize the government information disclosure of all departments and directly affiliated units;
（5） Summarize experience, organize exchanges, and improve the quality and level of government information disclosure.
Article 6 The main responsible person of each department shall assume the leadership responsibility for the organization of the department's government information disclosure, and designate personnel to be responsible for the specific organization and implementation of the department's government information disclosure.
Article 7 The work of information disclosure shall adhere to the principles of strict law, fairness and justice, overall authenticity, and timely convenience to the people, improve work efficiency, improve work style, and provide quality services.
Article 8 Where false or incomplete information is found that affects education or may affect social stability or disrupt social management order, accurate information shall be timely released within the scope of duties for clarification.
Article 9 If the release of government information involves other administrative organs, they shall communicate and confirm with the relevant administrative organs to ensure the accuracy and consistency of the released government information.
Article 10 The disclosure of government information shall not endanger national security, public security, economic security and social stability.
Chapter II Contents and Scope of Disclosure
Article 11 In accordance with the provisions of laws and administrative regulations on the limits of authority for the disclosure of government information, government information shall be made public, including government information made by oneself and public information obtained from citizens, legal persons or other organizations kept by oneself.
Article 12 Government information is divided into three attributes: active disclosure, disclosure upon application and non disclosure. All departments shall define the public nature of information when drafting government information.
Article 13 The following government information shall be actively disclosed to the public:
（1） Resumes, institutional settings, job functions, contact information and other organizational information of the office leaders;
（2） Office normative documents;
（3） Planning, guidelines, policies, important work deployment and implementation of provincial education development;
（4） Annual education statistics;
（5） Government procurement of the Office;
（6） Educational administrative licensing items and their legal basis, working conditions, handling procedures, time limit for examination and approval, as well as the contact information of the accepting institution, the list of all materials to be submitted, the decision to grant the license, etc;
（7） Educational administration matters;
（8） Policies on important matters closely related to the vital interests of the public, such as educational enrollment, examination, fees, and subsidies;
（9） Relevant policies on the appointment and removal of cadres and personnel, the employment of civil servants, and the evaluation and employment of professional and technical posts;
（10） Early warning information and response to public emergencies in the education system;
（11） Other government information that shall be disclosed according to laws, administrative regulations and rules.
Article 14 The following government information shall not be disclosed:
（1） Involving state secrets;
（2） Involving trade secrets and personal privacy;
（3） Information in the process of investigation, discussion, deliberation and processing;
（4） Other information that shall not be disclosed according to laws and administrative regulations.
Article 15 Government information other than those in Articles 13 and 14 shall, in principle, be included in the scope of government information disclosed upon application.
Article 16 Prepare and publish the guide and catalogue of government information disclosure, and update them in a timely manner.
The guide to government information disclosure includes information classification, arrangement system, access method, office address, office hours, contact number, fax number, postal code, e-mail address, etc. of the information disclosure organization.
The public directory of government information includes information index, name, content overview, generation date, etc.
Article 17 The Secrecy Leading Group of the Department shall be responsible for reviewing the confidentiality of government information to be disclosed.
Chapter III Ways and Procedures of Disclosure
Article 18 The government information that is actively disclosed shall be disclosed in one or more of the following ways according to its content characteristics:
（1） Portal website and related websites of the Department of Education;
（2） Press conferences and other relevant meetings;
（3） Radio, television, newspapers and other news media;
（4） Other forms that facilitate the timely and accurate access to information by the public.
Article 19 The government information specified in Article 13 of these Measures shall be disclosed according to the following procedures:
（1） The Information Ownership Department is responsible for reviewing and verifying the content of government information to be disclosed and making suggestions for disclosure in accordance with relevant national regulations and the requirements of these Measures;
（2） The information owning department shall timely send the government information to be disclosed to the government information disclosure leading group and office of the Department for review, and make it public in an appropriate form. For the government information that needs to be disclosed regularly in regular work, the leading group and the office can authorize the information ownership department to review and disclose it.
Article 20 Any government information that is actively disclosed shall be disclosed by the information owning department within 20 working days after the information is formed. If it cannot be disclosed in time due to special reasons, it shall be reported to the Office of the Leading Group for Government Information Disclosure of the Department for filing. If laws and regulations provide otherwise for the time limit of information disclosure, such provisions shall prevail.
In case of any change in the content of the open government information, the information owning department shall update the relevant information within 20 working days from the date of change and make an explanation to the leading group and office of the department for government information disclosure.
Article 21 Citizens, legal persons or other organizations may, according to their own special needs in production, life and scientific research, apply in writing (in the form of letters and data messages) for government information; If it is really difficult to apply in writing, the application can be made orally or by entrusting a third person.
The application for government information disclosure shall include the following contents:
（1） The applicant's name, address, identity certificate, contact information and other basic information;
（2） The content description and form requirements of the government information applied for disclosure;
（3） The purpose and purpose of the application for disclosure;
（4） Signature or seal of the applicant (can be omitted if the application is submitted in the form of data message);
（5） Application time.
Article 22 The Office of the Department shall be responsible for accepting the application of citizens, legal persons and other organizations to the Department of Education for the disclosure of government information, and shall reply according to the following circumstances:
（1） The applicant shall be informed of the government information that is not disclosed by the Department of Education according to law, and a notice of information not issued by the department shall be prepared; If the information disclosure authority can be determined, the applicant shall be informed of the name and contact information of the administrative authority;
（2） If it falls within the scope of active disclosure, the applicant shall be informed of the ways and means of obtaining the government information;
（3） If it belongs to the scope of non disclosure or the government information applied for disclosure does not exist, the applicant shall be informed, and a notice of non disclosure of information shall be prepared, stating in writing the reasons, basis and relief channels for non disclosure;
（4） The government information applied for disclosure contains content that should not be disclosed, but if it can be handled differently, the information content that can be disclosed should be provided;
（5） If the content of the government information applied for publication is not clear, the applicant shall be informed of the change or supplement of the application.
Article 23 If an application for information disclosure can be answered on the spot, the Office shall reply on the spot. If the application cannot be answered on the spot, the Office shall transfer the application to the relevant departments and directly affiliated units for review and reply within 15 working days from the date of receiving the application.
For the information disclosure application transferred from the office, the information owning office should generally give feedback within 10 working days. If it is necessary to extend the time limit for reply, the information owning office shall make an explanation and inform the applicant after the approval of the office. The extension of the time limit for reply shall not exceed 15 working days.
Article 24 If the government information applied for publication involves the rights and interests of a third party, the opinions of the third party will be solicited in writing. If the third party agrees to make it public, it can be made public; If they do not agree to make it public, they shall not make it public. If the third party fails to reply within the required time limit, it shall be deemed that it does not agree to disclose. However, if the Department believes that the 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 content and reasons of the government information it has decided to make public before making it public.
The time required for soliciting the opinions of a third party shall not be counted as the time limit specified in Article 23.
Article 25 The government information disclosed in accordance with 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.
Article 26 Where a fee is required for processing an application for information disclosure, the relevant provisions of the State shall apply.
Article 27 All departments shall not disclose or provide government information in any form that has been explicitly replied not to be disclosed or provided.
Chapter IV Examination, Supervision and Guarantee
Article 28 The government information disclosure of the Education Department shall be subject to the review system. The government information to be disclosed shall be examined according to the following procedures:
（1） Relevant departments shall propose the content of government information to be disclosed and submit it to the office for review.
（2） Send the government information to be disclosed to the competent leader of the department for review. The government affairs information of potentially confidential departments shall be submitted to the Secrecy Leading Group of the Department for review.
（3） Where the content to be disclosed needs to be submitted to the superior competent department for approval or the content to be disclosed involves other departments, it shall be submitted to the relevant competent department for approval, or communicated and confirmed with the relevant department.
Article 29 The government information to be disclosed shall be examined as follows:
（1） Review the legality of the scope, form, time limit and procedure of government information disclosure;
（2） Review the accuracy, authority, integrity, timeliness and security of the proposed government information.
（3） If the government information to be disclosed may involve state secrets, it shall also be subject to confidentiality review in accordance with the relevant provisions on the specific scope of state secrets and their classification. If it is uncertain whether the public content is confidential, it shall be reported to the relevant department at a higher level or the provincial confidential department for examination and determination.
Article 30 The Supervision Office of the Department shall supervise and inspect the implementation of government information disclosure.
Article 31 The Office of the Department of Education shall publish the annual report on government information disclosure of the department before March 31 of each year.
The annual report on government information disclosure shall include the following contents:
（1） Actively open government information;
（2） The government information is disclosed or not disclosed according to the application;
（3） Fees and reduction of government information disclosure;
（4） Application for administrative reconsideration and filing of administrative litigation due to government information disclosure;
（5） The main problems and improvement of government information disclosure;
（6） Other matters to be reported.
Each department shall report the relevant information of the department's government information disclosure in the previous year and the work plan of this year's government information disclosure to the office as required before January 31 of each year.
Article 32 All departments and offices shall consciously accept the supervision of the public and all sectors of society in the work of government information disclosure, understand the reflection of service objects on the work of government information disclosure, carefully study the problems found and existing, and actively rectify them.
Article 33 In case of any of the following circumstances in violation of these Measures, the department and relevant personnel shall be ordered to correct; If the circumstances are serious, the directly responsible person in charge and other directly responsible persons of the department shall be punished according to law:
（1） Failing to perform the obligation of disclosing government information according to law;
（2） Failing to update the contents, guidelines and directories of government information disclosure in a timely manner;
（3） Collecting fees in violation of regulations;
（4） Providing government information in the form of paid services through other organizations or individuals in violation of regulations;
（5） Disclosing government information that should not be disclosed;
（6） Refusing to accept, delaying or failing to provide government information in accordance with the approved application for providing government information for citizens, legal persons and other organizations without justified reasons;
（7） Failing to accept or reply to reports and complaints related to government information work;
（8） Refusing, obstructing or interfering with the supervision and inspection of government information disclosure according to law or failing to implement the decisions and requirements of supervision and inspection;
（9） Other acts in violation of regulations and these Measures.
Chapter V Supplementary Provisions
Article 34 The disclosure of information produced and obtained by each directly affiliated unit of the Department of Education in the process of providing economic and social public services shall be implemented with reference to these Measures, and the implementation rules or supplementary provisions shall be formulated according to the actual situation of the unit.
Article 35 The Measures shall come into force as of August 15, 2008.
Attachment: Work Flow Chart of Zhejiang Provincial Department of Education for Governmental Information Disclosure