general provisions
Article 1 These Regulations are formulated in order to ensure that citizens, legal persons and other organizations have access to government information according to law, improve the transparency of government work, build a government under the rule of law, and give full play to the role of government information in serving the production, life and economic and social activities of the people.
Article 2 The government information referred to in these Regulations refers to the information produced or obtained by administrative organs in the course of performing their administrative functions and recorded and preserved in a certain form.
Article 3 People's governments at all levels shall strengthen the organization and leadership of government information disclosure.
The General Office of the State Council is the competent department of the national government information disclosure, responsible for promoting, guiding, coordinating and supervising the national government information disclosure.
The general office (office) of the local people's government at or above the county level is the competent department for government information disclosure in its administrative region, which is responsible for promoting, guiding, coordinating and supervising the government information disclosure in its administrative region.
The general office (office) of the department implementing vertical leadership is in charge of the government information disclosure of the system.
Article 4 The people's governments at all levels and the people's government departments at or above the county level shall establish and improve the government information disclosure system of their own administrative organs, and designate institutions (hereinafter referred to as government information disclosure institutions) to be responsible for the daily work of government information disclosure of their own administrative organs.
The specific functions of the government information disclosure organization are:
（1） To handle the government information disclosure of the administrative organ;
（2） Maintain and update the government information disclosed by the administrative organ;
（3） To organize the preparation of the guidelines for government information disclosure, the catalogue of government information disclosure and the annual report on government information disclosure work of the administrative organ;
（4） Organize the review of government information to be disclosed;
（5） Other functions related to government information disclosure stipulated by this administrative organ.
Article 5 When an administrative organ discloses government information, it shall adhere to the principles of fairness, fairness, legality and convenience, taking openness as the normal and non openness as the exception.
Article 6 Administrative organs shall disclose government information in a timely and accurate manner.
Where an administrative organ discovers false or incomplete information that affects or may affect social stability and disrupt the order of social and economic management, it shall release accurate government information for clarification.
Article 7 People's governments at all levels shall actively promote the work of government information disclosure and gradually increase the content of government information disclosure.
Article 8 People's governments at all levels should strengthen the standardization, standardization and informatization management of government information resources, strengthen the construction of Internet government information disclosure platform, promote the integration of government information disclosure platform and government affairs service platform, and improve the online processing level of government information disclosure.
Article 9 Citizens, legal persons and other organizations shall have the right to supervise the disclosure of government information by administrative organs and put forward criticisms and suggestions.
Chapter II Subject and Scope of Publicity
Article 10 Government information produced by an administrative organ shall be made public by the administrative organ that produced the government information. Government information obtained by an administrative organ from citizens, legal persons and other organizations shall be made public by the administrative organ that keeps the government information; The government information of other administrative organs obtained by administrative organs shall be made public by the administrative organs that made or initially obtained the government information. If laws and regulations provide otherwise on the authority of government information disclosure, such provisions shall prevail.
Where an agency or internal office established by an administrative organ performs administrative functions in its own name in accordance with laws and regulations, the agency or internal office may be responsible for the disclosure of government information related to the administrative functions it performs.
The government information jointly produced by two or more administrative organs shall be made public by the administrative organ that takes the lead in the production.
Article 11 Administrative organs shall establish and improve the coordination mechanism for government information disclosure. Where an administrative organ discloses government information involving other organs, it shall consult and confirm with the relevant organs to ensure that the government information disclosed by the administrative organ is accurate and consistent.
Where an administrative organ needs to approve the disclosure of government information in accordance with laws, administrative regulations and the relevant provisions of the State, it shall make it public upon approval.
Article 12 The guidelines and catalogues for the publication of government information compiled and published by administrative organs shall be updated in a timely manner.
The government information disclosure guide includes the classification, arrangement system, access method of government information, and the name, office address, office hours, contact number, fax number, Internet contact information and other contents of the government information disclosure organization.
The public directory of government information includes the index, name, content overview, generation date and other contents of government information.
Article 13 In addition to the government information specified in Articles 14, 15 and 16 of these Regulations, the government information shall be made public.
The administrative organ shall publicize the government information by taking the initiative and according to the application.
Article 14 Government information that is determined as a state secret according to law, government information that is prohibited from disclosure by laws and administrative regulations, and government information that may endanger national security, public security, economic security, and social stability after disclosure shall not be disclosed.
Article 15 The administrative organ shall not disclose the government information involving trade secrets, personal privacy and other public information that will cause damage to the legitimate rights and interests of a third party. However, if the third party agrees to make it public or the administrative organ believes that not making it public will have a significant impact on public interests, it shall make it public.
Article 16 The internal affairs information of an administrative organ, including personnel management, logistics management, internal workflow and other information, may not be disclosed.
The discussion records, process drafts, consultation letters, request reports and other process information as well as administrative law enforcement file information formed by administrative organs in the process of performing administrative functions may not be disclosed. Where laws, regulations and rules stipulate that the above information shall be disclosed, such provisions shall prevail.
Article 17 An administrative organ shall establish and improve the mechanism for examining the publicity of government information, and clarify the procedures and responsibilities for examination.
The administrative organ shall review the government information to be disclosed in accordance with the Law of the People's Republic of China on Guarding State Secrets and other laws, regulations and relevant national regulations.
If the administrative organ is unable to determine whether the government information can be made public, it shall report to the relevant competent department or the secrecy administrative department for determination in accordance with laws, regulations and the relevant provisions of the State.
Article 18 The administrative organ shall establish and improve the dynamic adjustment mechanism of government information management, regularly evaluate and review the government information that the administrative organ does not disclose, and disclose the government information that can be disclosed due to changes in circumstances.
Chapter III Active Disclosure
Article 19 The administrative organ shall take the initiative to make public the government information that involves the adjustment of public interests, needs to be widely known by the public, or needs public participation in decision-making.
Article 20 An administrative organ shall, in accordance with the provisions of Article 19 of these Regulations, actively disclose the following government information of its own administrative organ:
（1） Administrative regulations, rules and normative documents;
（2） Function, organization setting, office address, office hours, contact information, name of person in charge;
（3） National economic and social development planning, special planning, regional planning and relevant policies;
（4） Statistical information on national economic and social development;
（5） Basis, conditions, procedures and results of handling administrative licensing and other external management services;
（6） The basis, conditions and procedures for the implementation of administrative penalty and administrative coercion, as well as the administrative penalty decisions that the administrative organ deems have certain social impact;
（7） Financial budget and final account information;
（8） Administrative charges and their basis and standards;
（9） Catalog, standards and implementation of government centralized procurement projects;
（10） Approval and implementation of major construction projects;
（11） Policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion;
（12） Emergency plan, early warning information and response to public emergencies;
（13） Supervision and inspection of environmental protection, public health, production safety, food and drug, and product quality;
（14） The positions, quota, application conditions, and employment results of civil servants;
（15） Other government information that should be actively disclosed by laws, regulations, rules and relevant national regulations.
Article 21 In addition to the government information specified in Article 20 of these Regulations, the people's governments at the city and county levels divided into districts and their departments shall, according to the specific conditions of their own places, actively disclose the government information related to municipal construction, public services, public welfare undertakings, land acquisition, housing acquisition, public security management, social assistance and other aspects; The township (town) people's government should also take the initiative to publicize government information on the implementation of agricultural and rural policies, the construction and operation of farmland and water conservancy projects, the transfer of rural land contractual management rights, the review of the use of homestead, land acquisition, housing acquisition, financing, social assistance and other aspects according to the local specific conditions.
Article 22 The administrative organ shall, in accordance with the provisions of Articles 20 and 21 of these Regulations, determine the specific contents of the government information to be disclosed on its own initiative, and continuously increase the contents to be disclosed on its own initiative according to the deployment of the administrative organ at a higher level.
Article 23 The administrative organ shall establish and improve the mechanism for releasing government information, and publicize the government information actively through government gazettes, government websites or other Internet government media, press conferences, newspapers, radio, television and other channels.
Article 24 People's governments at all levels shall strengthen the work of disclosing government information by relying on government portal websites, and use a unified government information disclosure platform to centrally release actively disclosed government information. The government information disclosure platform shall have the functions of information retrieval, reference, download, etc.
Article 25 People's governments at all levels shall set up places for consulting government information in national archives, public libraries and government affairs service places, and equip them with corresponding facilities and equipment to facilitate citizens, legal persons and other organizations to obtain government information.
The administrative organ may, as required, set up places and facilities such as public reference rooms, data request points, information bulletin boards, electronic information screens, etc. to publicize government information.
The administrative organ shall timely provide the national archives and public libraries with government information that is actively disclosed.
Article 26 Government information that falls within the scope of active disclosure shall be disclosed in a timely manner within 20 working days from the date of formation or change of the government information. If laws and regulations provide otherwise for the period of government information disclosure, such provisions shall prevail.
Chapter IV Publicity upon Application
Article 27 In addition to the government information that the administrative organ actively publicizes, citizens, legal persons or other organizations may apply to local people's governments at all levels and departments of people's governments at or above the county level that perform administrative functions in their own name (including the sending agencies and internal institutions as prescribed in the second paragraph of Article 10 of these Regulations) for obtaining relevant government information.
Article 28 The administrative organ specified in Article 27 of these Regulations shall establish and improve the application channels for government information disclosure, so as to facilitate the applicants to apply for government information according to law.
Article 29 Citizens, legal persons or other organizations that apply for access to government information shall submit an application to the government information disclosure work agency of the administrative organ, and shall use written forms, including letters and data messages; If it is really difficult to use the written form, the applicant can make an oral request, and the government information disclosure agency accepting the application will fill in the government information disclosure application on its behalf.
The application for government information disclosure shall include the following contents:
（1） The name, identity certificate and contact information of the applicant;
（2） The name and number of the government information that has been applied for publication or other characteristic descriptions that are convenient for the administrative organ to query;
（3） The form requirements of the government information applied for publication, including the ways and means of obtaining information.
Article 30 If the content of an application for the publication of government information is not clear, the administrative organ shall give guidance and explanation, and notify the applicant to make corrections at one time within 7 working days from the date of receiving the application, stating the items that need to be corrected and a reasonable time limit for correction. The time limit for reply shall be counted from the date when the administrative organ receives the application for supplementation and correction. If the applicant fails to make corrections within the time limit without justifiable reasons, it shall be deemed to have abandoned the application, and the administrative organ shall no longer process the application for government information disclosure.
Article 31 The time when an administrative organ receives an application for government information disclosure shall be determined in accordance with the following provisions:
（1） If the applicant submits an application for government information disclosure in person, the date of submission shall be the date of receipt of the application;
（2） If an applicant submits an application for government information disclosure by mail, the date of receipt of the application shall be the date of signing by the administrative organ; If an application for government information disclosure is submitted by mail without signing, such as ordinary letters, the government information disclosure agency shall confirm with the applicant on the day of receiving the application, and the date of confirmation is the date of receiving the application;
（3） If an applicant submits an application for government information disclosure through the Internet channel or the fax of the government information disclosure agency, the date of confirmation by both parties shall be the date of receipt of the application.
Article 32 Where the disclosure of government information in accordance with the application will damage the legitimate rights and interests of a third party, the administrative organ shall solicit the opinions of the third party in writing. The third party shall put forward opinions within 15 working days from the date of receiving the request for opinions. If the third party fails to make comments within the time limit, the administrative organ shall decide whether to make it public in accordance with the provisions of these Regulations. If the third party disagrees with the disclosure and has reasonable reasons, the administrative organ shall not disclose it. If the administrative organ believes that the non disclosure may have a significant impact on public interests, it may decide to make it public and inform the third party in writing of the content and reasons of the government information it has decided to make public.
Article 33 Where an administrative organ can make a reply on the spot after receiving an application for government information disclosure, it shall make a reply on the spot.
If the administrative organ is unable to reply on the spot, it shall reply within 20 working days from the date of receiving the application; If it is necessary to extend the time limit for reply, it shall be approved by the person in charge of the government information disclosure agency and informed to the applicant. The extended time limit shall not exceed 20 working days.
The time required for an administrative organ to solicit opinions from a third party and other organs shall not be counted as the time limit prescribed in the preceding paragraph.
Article 34 Where the government information applied for publication is jointly produced by two or more administrative organs, the administrative organ that takes the lead in the production may solicit the opinions of the relevant administrative organs after receiving the application for the publication of government information, and the organ that is asked for opinions shall put forward its opinions within 15 working days from the date of receiving the request for opinions. If it fails to put forward its opinions within the time limit, it shall be deemed to agree to the publication.
Article 35 If the number and frequency of the applicant's application for disclosing government information obviously exceed the reasonable range, the administrative organ may require the applicant to explain the reasons. If the administrative organ considers the reasons for the application unreasonable, it shall inform the applicant not to handle it; If the administrative organ considers that the reasons for the application are reasonable, but it is unable to reply to the applicant within the time limit prescribed in Article 33 of these Regulations, it may determine a reasonable time limit for delaying the reply and inform the applicant.
Article 36 With respect to an application for government information disclosure, the administrative organ shall make a reply according to the following circumstances:
（1） If the information applied for has been actively disclosed, the applicant shall be informed of the ways and means to obtain the government information;
（2） If the information applied for publication can be disclosed, provide the applicant with the government information, or inform the applicant of the way, way and time to obtain the government information;
（3） If the administrative organ decides not to make it public in accordance with the provisions of these Regulations, it shall inform the applicant not to make it public and explain the reasons;
（4） If there is no public information applied for after searching, inform the applicant that the government information does not exist;
（5） If the information applied for publication is not the responsibility of this administrative organ, it shall inform the applicant and explain the reasons; If it is possible to determine the administrative organ responsible for disclosing the government information, the applicant shall be informed of the name and contact information of the administrative organ;
（6） If the administrative organ has replied to the applicant's application for the disclosure of government information and the applicant repeatedly applies for the disclosure of the same government information, it shall inform the applicant not to repeat the application;
（7） The information applied for publication belongs to industrial and commercial, real estate registration data and other information. If relevant laws and administrative regulations have special provisions on information acquisition, the applicant shall be informed to handle in accordance with the provisions of relevant laws and administrative regulations.
Article 37 If the information applied for publication contains content that should not be disclosed or does not belong to government information, but can be handled differently, the administrative organ shall provide the applicant with the content of government information that can be disclosed, and explain the reasons for the content that should not be disclosed.
Article 38 The information provided by an administrative organ to an applicant shall be government information that has been produced or obtained. Except for those that can be differentiated according to the provisions of Article 37 of these Regulations, the administrative organ may not provide the existing government information that needs to be processed and analyzed by the administrative organ.
Article 39 Where an applicant conducts petition, complaint, tip off and other activities in the form of government information disclosure application, the administrative organ shall inform the applicant not to handle the application as a government information disclosure application and may inform the applicant to submit it through corresponding channels.
If the content of the application submitted by the applicant is to request the administrative organ to provide the government gazette, newspapers, periodicals, books and other public publications, the administrative organ may inform the way of obtaining them.
Article 40 The administrative organ shall determine the specific form of providing government information according to the requirements of the applicant and the actual situation of the administrative organ in keeping the government information in accordance with the application to disclose the government information; If the government information is provided in the form required by the applicant, which may endanger the security of the government information carrier or the cost of disclosure is too high, it can be provided through electronic data or other appropriate forms, or the applicant can be arranged to consult and copy the relevant government information.
Article 41 If citizens, legal persons or other organizations have evidence to prove that the records of government information related to themselves provided by administrative organs are inaccurate, they may request the administrative organs to make corrections. If the administrative organ that has the power to make corrections is verified to be true, it shall make corrections and inform the applicant; If it does not fall within the scope of its own administrative organ's functions, the administrative organ may transfer it to the administrative organ that has the power to make corrections and inform the applicant of the matter, or inform the applicant to submit it to the administrative organ that has the power to make corrections.
Article 42 The administrative organ shall provide government information upon application without charge. However, if the amount and frequency of the applicant's application for the disclosure of government information obviously exceed a reasonable range, the administrative organ may charge an information processing fee.
The specific measures for administrative organs to collect information processing fees shall be formulated by the competent pricing department of the State Council in conjunction with the financial department of the State Council and the competent information disclosure department of the national government.
Article 43 Where citizens who apply for the publication of government information have difficulty in reading or seeing and hearing, the administrative organ shall provide them with necessary help.
Article 44 If more than one applicant applies to the same administrative organ for the disclosure of the same government information, and the government information can be disclosed, the administrative organ may bring it into the scope of active disclosure.
For the government information disclosed by the administrative organ according to the application, if the applicant believes that it involves the adjustment of public interests, needs to be widely known by the public or needs public participation in decision-making, he may suggest the administrative organ to include the information in the scope of active disclosure. If an administrative organ considers, after examination, that it is within the scope of active disclosure, it shall make timely and active disclosure.
Article 45 An administrative organ shall establish and improve the working system for the application for registration, examination, handling, reply and filing of government information disclosure, and strengthen the working standards.
Chapter V Supervision and Guarantee
Article 46 People's governments at all levels shall establish and improve the assessment system, social appraisal system and accountability system for the work of government information disclosure, and regularly assess and appraise the work of government information disclosure.
Article 47 The competent department of government information disclosure shall strengthen the daily guidance, supervision and inspection of the work of government information disclosure, and urge the administrative organ to rectify or circulate a notice of criticism if it fails to carry out the work of government information disclosure as required; If it is necessary to investigate the responsibility of the responsible leading personnel and the directly responsible personnel, the handling suggestions shall be put forward to the competent authorities according to law.
Citizens, legal persons or other organizations that believe that the administrative organ has not actively disclosed the government information as required or has not replied to the application for the disclosure of government information according to law may submit it to the competent department for the disclosure of government information. If the competent department of government information disclosure verifies that it is true, it shall urge rectification or circulate a notice of criticism.
Article 48 The competent government information disclosure department shall provide regular training to the government information disclosure staff of the administrative organ.
Article 49 The people's government departments at or above the county level shall, before January 31 of each year, submit their annual reports on the work of government information disclosure of the previous year to the competent departments for information disclosure of the governments at the corresponding levels and publish them to the public.
The competent government information disclosure department of the local people's government at or above the county level shall, before March 31 of each year, publish the annual report of the government information disclosure work of the previous year to the public.
Article 50 The annual report on government information disclosure shall include the following contents:
（1） The situation that the administrative organ takes the initiative to disclose government information;
（2） Information on the receipt and handling of government information disclosure applications by administrative organs;
（3） Application for administrative reconsideration and administrative litigation due to government information disclosure;
（4） The annual report of the people's governments at all levels on the work of government information disclosure should also include the results of work assessment, social review and accountability;
（5） Other matters to be reported.
The competent department of the national government information disclosure work shall publish the unified format of the annual report of the government information disclosure work and update it in due course.
Article 51 If a citizen, legal person or other organization believes that an administrative organ has infringed upon its lawful rights and interests in the work of government information disclosure, it may make a complaint or report to the administrative organ at the next higher level or the competent department of government information disclosure, or apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 52 If an administrative organ violates the provisions of these Regulations and fails to establish and improve the relevant systems and mechanisms for government information disclosure, the administrative organ at the next higher level shall order it to make corrections; If the circumstances are serious, the leading persons who are responsible and the persons who are directly responsible shall be given sanctions according to law.
Article 53 Where an administrative organ violates the provisions of these Regulations and has one of the following circumstances, it shall be ordered to make corrections by the administrative organ at the next higher level; If the circumstances are serious, the leading persons who are responsible and the persons who are directly responsible shall be given sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Failing to perform the function of government information disclosure according to law;
（2） Failing to timely update the contents of the public government information, the government information disclosure guide and the government information disclosure directory;
（3） Other circumstances in violation of the provisions of these Regulations.
Chapter VI Supplementary Provisions
Article 54 These Regulations shall apply to the activities of organizations authorized by laws and regulations to manage public affairs to disclose government information.
Article 55 Public enterprises and institutions that are closely related to the interests of the people, such as education, health, water supply, power supply, gas supply, heat supply, environmental protection, public transport, etc., shall disclose the information produced and obtained in the process of providing social public services in accordance with the relevant laws, regulations and the provisions of the relevant competent departments or institutions under the State Council. The competent department for information disclosure of the national government may formulate special regulations according to actual needs.
If the public enterprises and institutions mentioned in the preceding paragraph fail to disclose the information produced and obtained in the process of providing social public services in accordance with the relevant laws and regulations and the provisions of the relevant competent departments or institutions under the State Council, citizens, legal persons or other organizations may appeal to the relevant competent departments or institutions, The department or institution receiving the appeal shall investigate and deal with the matter in a timely manner and inform the complainant of the result of the investigation.
Article 56 These Regulations shall come into force as of May 15, 2019.