Interpretation of the Office of Government Information and Government Affairs Publicity of the General Office of the State Council on the Subject of Reply to the Application for Government Information Publicity
Guo Ban Gong Ban Han [2014] No. 67
General Office of Hebei Provincial People's Government:
We have received the Request for Instructions on Issues Related to the Disclosure of Land Requisition Approval Information. After study and written consultation with the Ministry of Land and Resources and the Legislative Affairs Office of the State Council, the reply is as follows:
According to the Regulations on the Disclosure of Government Information, the department receiving the application for information disclosure shall reply to the applicant within the statutory time limit. If the applicant applies to the general office of the provincial government, the general office of the provincial government shall make a reply according to law. In 2011, the reply method determined by the Provincial Legislative Affairs Office, the Provincial High Court and other units was that the General Office of the Provincial People's Government informed the applicant in writing within the statutory time limit, and the Provincial Department of Land and Resources replied to the applicant within the statutory time limit. In law, it can be regarded as that the General Office of the Provincial People's Government entrusted the Provincial Department of Land and Resources to make a reply within the statutory time limit and inform the applicant of this entrustment. This treatment does not violate the provisions of the Government Information Disclosure Regulations, but its legal consequences are still borne by the General Office of the provincial government. If the general office of the provincial government does not reply to the applicant's application on the ground that the land requisition approval information is specifically prepared and kept by the provincial land and resources department, or tells the applicant to apply to the provincial land and resources department separately, there is still no legal basis.
Government Information and Government Affairs Disclosure Office of the General Office of the State Council
September 3, 2014
