Government Information and Government Affairs Disclosure Office of the General Office of the State Council
Application for government information disclosure after institutional reform
Explanation of handling problems
Guo Ban Gong Ban Han [2019] No. 14
General Office of Guangdong Provincial People's Government:
We have received the Letter on Request for Clarifying the Handling Method of Matters Related to Application for Disclosure (YBH [2019] No. 4). After studying and soliciting opinions from the Ministry of Justice, the National Archives Administration, the Supreme People's Court and other units, we hereby reply as follows:
In accordance with the relevant laws and regulations, if the functions and powers of an administrative organ are changed, the administrative organ responsible for exercising the relevant functions and powers shall bear the corresponding responsibility. According to the relevant provisions of the Regulations of the People's Republic of China on the Disclosure of Government Information, the application for the disclosure of government information shall be handled in accordance with the principle of "who receives, who handles". With regard to the division of government information disclosure responsibilities after the transfer of administrative organs' functions and powers, the following handling suggestions are proposed:
First, if an administrative organ is involved in the transfer of functions and powers, it should transfer relevant government information as soon as possible.
Second, if the applicant applies to the administrative authority for the transfer of functions and powers for the disclosure of relevant government information, the administrative authority for the transfer of functions and powers may make corresponding treatment after soliciting the opinions of the administrative authority for the transfer of functions and powers, or inform the applicant to apply to the administrative authority for the transfer of functions and powers separately.
Third, if the applicant applies to the administrative authority for the disclosure of relevant government information, the administrative authority for the transfer of authority shall handle it strictly in accordance with the law, make good connection with the administrative authority for the transfer of authority, and shall not refuse on the ground that the relevant government information has not been transferred.
Fourth, if relevant government information has been transferred to the National Archives and become a national archive according to law, it shall be managed in accordance with the Archives Law of the People's Republic of China and relevant regulations. For the relevant government information disclosure application, the administrative organ may inform the applicant to handle in accordance with the provisions of the Archives Law.
Fifth, if the functions and powers of the administrative organ are transferred to the Party organ, if the Party organ hangs an administrative organ brand, relevant information disclosure matters shall be handled in the name of the administrative organ with reference to the foregoing provisions; If the Party organ does not hang an administrative organ brand, the relevant information disclosure shall be handled in accordance with the Regulations of the Communist Party of China on the Publicity of Party Affairs (for Trial Implementation).
Government Information and Government Affairs Disclosure Office of the General Office of the State Council
February 2, 2019
