GBF [2020] No. 50
People's governments of provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions of the State Council, and institutions directly under the State Council:
The Measures for the Formulation of Provisions on the Disclosure of Information of Public Enterprises and Public Institutions has been approved by the State Council and is now printed and distributed to you. Please implement it carefully.
General Office of the State Council
December 7, 2020
Measures for the Formulation of Provisions on Information Disclosure of Public Enterprises and Institutions
Article 1 In order to establish and improve the information disclosure system of public enterprises and institutions, further promote the information disclosure of public enterprises and institutions, strengthen the supervision and management of public enterprises and institutions, improve the service level of public enterprises and institutions, better safeguard the vital interests of the people, and help optimize the business environment, according to the Regulations of the People's Republic of China on Government Information Disclosure These Measures are formulated in accordance with relevant regulations.
Article 2 The relevant competent departments of the State Council shall, in accordance with Article 55 of the Regulations of the People's Republic of China on the Disclosure of Government Information and the requirements of these Measures, formulate or revise the provisions on the disclosure of information of public enterprises and institutions in the fields of education, health, water supply, power supply, gas supply, heat supply, environmental protection, public transport, etc.
The competent department for information disclosure of the national government will gradually expand the scope of application of these Measures in accordance with economic and social development and actual work.
Article 3 The formulation of regulations on information disclosure of public enterprises and institutions should follow the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to the people centered development thought, and adhere to the principles of law and regulation, convenience and practicality, and steady progress.
Article 4 The provisions on information disclosure of public enterprises and institutions shall define the applicable subject, which can be generally applicable to all public enterprises and institutions in the field, or only applicable to some public enterprises and institutions in the field. If the conditions are met, the list of applicable subjects can be listed.
The applicable subjects of the regulations on information disclosure of public enterprises and public institutions mainly include: public enterprises and public institutions with dominant market position, strong public attributes, and directly related to the health and life safety of the people, or public enterprises and public institutions with prominent information asymmetry problems with service objects that need to focus on strengthening supervision.
Article 5 The information disclosure of public enterprises and institutions shall be based on active disclosure, and in principle, the application for disclosure shall not be adopted. If the provisions on information disclosure of public enterprises and institutions stipulate the application for disclosure, the time limit for handling, handling methods, supervision and relief channels and other contents shall be specified to ensure the operability of the application for disclosure procedures.
The information disclosure regulations of public enterprises and institutions should require public enterprises and institutions to set up information disclosure consultation windows, establish and improve corresponding working mechanisms, strengthen communication and consultation, respond to concerns within a limited time, optimize consultation services, and meet the personalized information needs of service objects and the public. The information disclosure consultation window is mainly set up by opening a hotline or website interactive communication platform, receiving on-site consultation, etc., focusing on the integration with the customer service hotline of public enterprises and institutions, mobile clients, etc., to avoid unduly increasing the burden of public enterprises and institutions.
Article 6 The information disclosure provisions of public enterprises and institutions shall flexibly determine the disclosure channels according to the actual situation, and put forward requirements for strengthening daily management and maintenance. When determining the open channels, we should adhere to the principle of pragmatism and pragmatism, adapting measures to local conditions, and prevent "one size fits all".
Article 7 The information disclosure provisions of public enterprises and institutions shall clearly list the disclosure contents and time limit requirements in the form of a list, and shall be dynamically adjusted according to the actual situation.
When determining the public content, we should adhere to the principle of both doing our best and acting according to our ability, focusing on the following information:
（1） Service information closely related to the daily production and life of the people;
（2） Information with great impact on business environment;
（3） Information directly related to the vital interests of service objects;
（4） Information related to production safety and personal and property safety of consumers;
（5） Information that is highly concerned by public opinion and reflects many problems;
（6） Other important information that should be disclosed.
In principle, the public content is mainly long-term disclosure. If it involves periodical disclosure such as publicity, it should be distinguished and special provisions should be made.
Article 8 The way of supervision over the information disclosure of public enterprises and institutions is mainly to appeal to the competent authorities at all levels, which in principle does not include the application for administrative reconsideration or the filing of administrative proceedings. Where laws and administrative regulations provide otherwise, such provisions shall prevail.
The competent departments at all levels shall establish a special working system, define the time limit for handling the complaints, and handle the complaints about the information disclosure of relevant public enterprises and institutions in a timely manner according to law.
Article 9 The provisions on information disclosure of public enterprises and institutions shall include special liability clauses, and strengthen the implementation of responsibilities by circulating a notice of criticism, ordering rectification, administrative punishment, etc. The administrative penalty set by the provisions on information disclosure of public enterprises and institutions shall be based on the power of administrative penalty granted to relevant competent departments by relevant laws and administrative regulations.
Article 10 In formulating regulations on information disclosure of public enterprises and institutions, we should adhere to scientific and democratic legislation, fully listen to the opinions of service objects, public enterprises and institutions, industry associations, mass representatives, experts and scholars, and actively adopt reasonable suggestions.
Article 11 The provisions on information disclosure of public enterprises and institutions shall properly handle the relationship between information disclosure and other important interests such as state secrets, public security, industrial security, trade secrets, personal information protection, and pay attention to distinguishing between information disclosure and business inquiry services.
Article 12 The provisions on information disclosure of public enterprises and institutions shall strengthen the connection with the information disclosure of listed companies, enterprise information publicity and other relevant systems, and comprehensively consider the provisions of laws, administrative regulations and rules on information disclosure of public enterprises and institutions in this field.
Article 13 The provisions on information disclosure of public enterprises and institutions shall be formulated in the form of rules. If the conditions for formulating regulations are not yet ripe, normative documents can be formulated first, and regulations can be formulated as soon as the conditions are ripe.
Article 14 These Measures shall be interpreted by the competent information disclosure department of the national government.
Article 15 These Measures shall come into force as of January 1, 2021.