What is the content of the Beijing Municipal Government Information Disclosure Ordinance?

Our country stipulates that governments at all levels must disclose information, and there are many regulations on information disclosure. China promulgated the information disclosure regulations, and governments at all levels have formulated corresponding disclosure measures. Beijing is no exception. The content of information disclosure is often that policies formulated by some government regulations need to be made public. So what is the content of Beijing's information disclosure regulations? Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Regulations of People's Republic of China (PRC) Municipality on Information Openness and other relevant laws and regulations and in light of the actual situation of this Municipality. Article 2 The term "government information" as mentioned in these Provisions refers to information produced or obtained by administrative organs in the course of performing their duties, and recorded and preserved in a certain form. Third people's governments at all levels should strengthen the organization and leadership of the government information disclosure work. The general office of the municipal government is the competent department of information disclosure of the municipal government, which is responsible for promoting, guiding, coordinating and supervising the information disclosure of the municipal government. The office of the people's government of the district or county is the competent department of the information disclosure of the district or county government, and is responsible for promoting, guiding, coordinating and supervising the government information disclosure in this administrative region. The departments that implement vertical leadership shall carry out the government information disclosure work under the unified guidance and coordination of the superior competent department and the local people's government. The dual-leadership department carries out government information disclosure work under the leadership of the local people's government and accepts the guidance of the higher authorities. Article 4 People's governments at all levels and government information disclosure agencies designated by municipal, district and county people's government departments organize and implement the daily work of government information disclosure of their own administrative organs, such as maintaining and updating the disclosed government information, conducting confidential review on the government information to be disclosed, and compiling government information disclosure guidelines, catalogues and annual work reports. Article 5 Administrative organs shall follow the principles of justice, fairness, convenience, timeliness and accuracy in disclosing government information. Article 6 Where the responsibilities of the municipal, district and county people's governments are undertaken by specific departments, the departments may be responsible for the disclosure of relevant government information. The specific department responsible for the disclosure of relevant government information shall be announced to the public by the Municipal People's Government. Article 7 Where an administrative organ is abolished, merged or adjusted in the reform of government institutions, and there is an administrative organ that continues to perform relevant functions and powers, the administrative organ shall be responsible for disclosing the government information it has produced and obtained; If there is no administrative organ that continues to perform relevant functions and powers, the unit that keeps the government information shall be responsible for the disclosure. Government information produced by several administrative organs shall be made public by the administrative organs involved in the production. Eighth administrative organs before the disclosure of government information, should be based on the "People's Republic of China (PRC) law on guarding state secrets" and other laws and regulations and the relevant provisions of the state, to review the government information to be disclosed. Government information that meets one of the following circumstances shall not be made public: (1) According to the Law of People's Republic of China (PRC) on Guarding State Secrets and other laws, regulations and relevant state regulations, it involves state secrets; (two) according to the "People's Republic of China (PRC) Anti-Unfair Competition Law" and other laws, regulations and relevant provisions of the state, technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and confidential by the obligee; (three) according to the relevant laws, regulations and provisions of the state, involving other people's identity, communication, health, marriage, family, property status and other personal privacy information; (four) according to the laws, regulations and relevant provisions of the state, the other is not open. The disclosure of government information involving business secrets and personal privacy by administrative organs shall be carried out in accordance with the provisions of Article 27 of these Provisions. Ninth administrative organs should establish and improve the confidentiality review mechanism of government information disclosure, and clarify the review procedures and responsibilities of state secrets, business secrets and personal privacy. When an administrative organ is uncertain about whether government information involves state secrets, it shall, in accordance with laws, regulations and relevant provisions of the state, report to the relevant competent department or the secrecy department at the same level for determination. Tenth administrative organs in the production of government information, it should be determined whether the government information is open. For government information that is not disclosed, the reasons shall be indicated. The administrative organ shall establish a dynamic management mechanism that does not disclose government information, and disclose government information that meets the requirements of disclosure according to law. Eleventh administrative organs should establish and improve the information monitoring and clarification mechanism. When an administrative organ discovers false or incomplete information that affects or may affect social stability and disrupt social management order, it shall issue accurate government information within its scope of duties to clarify it. Twelfth administrative organs should establish and improve the coordination mechanism of government information release. If the government information released by an administrative organ involves other administrative organs, it shall communicate and confirm with the relevant administrative organs to ensure the accuracy and consistency of the government information released by the administrative organs. If the administrative organ needs to approve the release of government information according to the relevant provisions of the state and the municipal people's government, it shall not be released without approval. Article 13 The disclosure of government information by administrative organs shall not endanger national security, public security, economic security and social stability. [1] Chapter II Voluntary Disclosure Article 14 In addition to voluntary disclosure of government information in accordance with the Regulations of People's Republic of China (PRC) Municipality on Information Disclosure and relevant state regulations, according to the actual situation of this Municipality, administrative organs should also focus on the following government information: (1) Financial budget final accounts, "three public funds" and administrative funds information; (two) information on the construction plan of affordable housing projects, the start and completion of projects, the allocation and withdrawal of affordable housing; (three) food safety standards, food production and business license, special inspection and rectification and other information; (four) environmental verification and approval, environmental status bulletin and major environmental emergencies and other information; (five) the illegal bidding activities and their handling, and the projects that should be subject to bidding according to law with state-owned funds holding or leading position; (six) government measures, disposal progress, risk early warning, preventive measures and other information of production safety accidents; (seven) agricultural land conversion approval, collective land acquisition approval, land acquisition announcement, land acquisition compensation and resettlement announcement, collective land acquisition closed; (eight) information such as government-guided prices, government pricing, adjustment of charging standards, prices, basis, implementation time and scope; (9) Warning information and good information in the enterprise credit information system of this Municipality; (10) Information on the audit results of budget execution of government departments; (eleven) supervision and management information of public enterprises and institutions closely related to the interests of the people; (twelve) the Municipal People's government decided to take the initiative to open other information. Fifteenth administrative organs should strengthen the standardized and electronic management of government information resources, classify and integrate government information resources, create a good environment for the public to use information resources, and improve the level of development and utilization of government information resources. Article 16 The government information that belongs to the scope of voluntary disclosure shall be made public within 15 working days from the date when the government information is formed or changed. For natural disasters, accidents and disasters, public health and social security and other major emergencies, the competent department shall promptly disclose the preliminary verification, and continue to disclose government information such as work progress and government response measures according to the development and disposal of the situation. Seventeenth administrative organs shall compile and publish the guide and catalogue of government information disclosure, and update it in time. The guide to the disclosure of government information should include the classification, arrangement system and acquisition method of government information, the name and contact information of the government information disclosure work organization, the handling procedures of the government information disclosure application, the right relief channels and so on. The catalogue of government information disclosure shall include the index, name, content summary, generation date and other contents of government information. Eighteenth administrative organs can open government information through the following channels: (1) government websites; (2) Official Gazette; (3) press conference; (4) Newspapers, radio and television; (5) National Archives, public libraries and government service halls; (six) public consultation room, information access point, information bulletin board, electronic information screen; (seven) the government Weibo and other network platforms; (eight) other ways and channels. The administrative organ shall disclose information in a way that is convenient for the public to know. Nineteenth administrative organs shall timely disclose and update government information through the government portal website, and provide information retrieval, consultation and download services. Twentieth municipal, district and county people's governments should set up government information consulting places in the national archives and public libraries, equipped with corresponding facilities and equipment to facilitate citizens, legal persons or other organizations to obtain government information. Other administrative organs may set up places and facilities for consulting government information according to their needs. The administrative organ shall provide the electronic version of government information voluntarily disclosed to the administrative service center, national archives and public libraries at the same level, and hand over the paper version of the administrative normative documents voluntarily disclosed. Twenty-first administrative organs should set up a government information disclosure telephone to provide consulting services for citizens, legal persons or other organizations. City non-emergency rescue service centers and sub-centers can provide government information disclosure consulting services for citizens, legal persons or other organizations. [1] Chapter III Disclosure by Application Article 22 The administrative organ shall announce the office address, office hours, contact telephone number, fax number, e-mail address and tip-off telephone number for accepting applications for government information disclosure, so as to facilitate citizens to apply. Citizens who apply for the disclosure of government information have difficulty in reading or seeing and hearing, and the administrative organ shall provide them with necessary help. Article 23 An applicant shall apply to an administrative organ for obtaining government information in written form (including data messages); If it is really difficult to use a written form, the applicant can make an oral proposal, and the administrative organ that accepts the application will fill in the application form for government information disclosure on his behalf, and the applicant will sign, seal or stamp it for confirmation. The administrative organ shall provide the applicant with the format text of the application for government information disclosure; The applicant may also apply to the administrative organ in other written forms. Article 24 An application for the disclosure of government information shall include the following contents: (1) the name or title of the applicant, agent and representative, the name and number of the certificate, the contact telephone number and mailing address, and other effective contact information; (2) A description of the contents of the government information applied for disclosure, including the file name, document number or other detailed and accurate descriptions that can point to specific government information; (three) the way to obtain information and the form of providing information; (4) The name of the accepting organ. Where the applicant entrusts an agent to file an application for government information disclosure, it shall provide the materials of entrustment. If more than 5 people (including 5 people) apply for the same government information, they can choose 1 to 5 representatives to submit the application and provide supporting materials. After receiving the applicant's application for government information disclosure, the accepting organ shall issue a registration receipt. Twenty-fifth administrative organs received an application for government information disclosure, and can reply on the spot, it shall reply on the spot. If the administrative organ cannot give a reply on the spot, it shall give a reply within 15 working days from the date of receiving the application; If it is necessary to extend the reply period, it shall be agreed by the person in charge of the government information disclosure work institution of the administrative organ, and the applicant shall be informed in writing. The longest extension of the reply period shall not exceed 15 working days. Due to force majeure or other legal reasons, the administrative organ fails to reply to the applicant or provide government information to the applicant within the prescribed time limit, and the time limit shall be suspended. The suspension time shall not be counted within the time limit specified in the preceding paragraph, and the time limit shall be restored after the obstacle is removed. When the time limit is suspended or resumed, the administrative organ shall explain the situation to the applicant in writing. Twenty-sixth the applicant requests to withdraw the application for government information disclosure, the administrative organ shall allow and register for the record. If the applicant applies to the same administrative organ for more than two copies of government information at the same time, the administrative organ may reply separately or jointly according to the principle of convenience. Twenty-seventh administrative organs believe that the government information applied for disclosure involves commercial secrets or personal privacy, which may harm the legitimate rights and interests of third parties after disclosure, and shall solicit the opinions of third parties in writing; If the third party does not agree to make it public, the administrative organ shall not make it public. However, if the administrative organ believes that non-disclosure may have a significant impact on public interests, it should be made public. If the third party does not agree to make it public and the administrative organ decides to make it public, it shall make it public after informing the third party in writing. The time required for the administrative organ to solicit the opinions of the third party shall not be counted within the time limit stipulated in the first paragraph of Article 25 of these Provisions. Article 28 The administrative organ shall give a written reply to the government information applied for disclosure according to the following circumstances: (1) If the government information applied for disclosure has been voluntarily disclosed, it shall inform the applicant of the ways and means to obtain the government information; (two) the application for disclosure of government information belongs to the public, it shall be disclosed to the applicant; If the administrative organ or a third party has special requirements on the scope of use of government information, the administrative organ shall conclude an agreement with the applicant, and after the applicant signs and confirms, the public government information shall be used according to the agreement; (three) the government information that is applied for disclosure contains contents that should not be disclosed, but can be treated differently, and the information that can be disclosed should be provided to the applicant; For the part that is not made public, the reasons shall be explained; (four) if the government information applied for disclosure belongs to the scope of non-disclosure, it shall inform the applicant and explain the reasons; (five) the government information applied for disclosure belongs to the internal management information produced or obtained by the administrative organ in the daily work or the process information in the discussion, research or deliberation of the administrative organ, and the applicant shall be informed that it does not belong to the government information that should be disclosed; (six) the matters involved in the application for disclosure of government information belong to the scope of disclosure of this organ, but this organ has not produced, obtained or recorded or preserved in a certain form, it shall inform the applicant that the information applied for does not exist and explain the reasons; (seven) the matters involved in the application for disclosure of government information do not belong to the scope of disclosure of this organ or belong to the specific department of the Municipal People's government, and shall inform the applicant, and for those who can determine the government information disclosure organ, inform the applicant of the name and contact information of the administrative organ; (eight) the application content is not clear, it shall inform the applicant to modify and supplement; (nine) the same applicant has repeatedly applied for the same government information to the same administrative organ, and the administrative organ has replied according to law, and may inform the applicant not to handle it repeatedly. Article 29 The administrative organ shall handle the following application matters in the following ways: (1) If the application content is consultation, letters and visits, reporting and other matters, which do not fall within the scope of government information disclosure application, it shall inform the applicant to submit it through the corresponding channels, and if the administrative organ in charge of the matter can be determined, inform the applicant of the name and contact information of the administrative organ; (two) if the application content belongs to the parties to the administrative procedure or interested parties to consult the file, it shall inform the applicant to handle it in accordance with the provisions of relevant laws and regulations; (three) if the government information applied for disclosure has been handed over to the national archives at all levels, inform the applicant to handle it in accordance with the archives management laws, administrative regulations and relevant state regulations. Article 30 The government information provided by an administrative organ to an applicant shall be government information that has not been summarized, processed, analyzed or copied. The administrative organ shall disclose the government information according to the application, and provide it 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 31 The administrative organ shall record the following information and keep relevant materials: (1) The applicant fails to provide effective contact information, which makes it impossible for the administrative organ to provide a written reply to the applicant; (two) to seek the opinions of the third party, and it is impossible to get in touch with the third party or not to receive its reply; (3) Other special circumstances in the application process. Article 32 If an applicant applies to the same administrative organ for the same government information, and the administrative organ agrees to make it public, and the government information can be made public, the administrative organ may decide to include the government information in the scope of voluntary disclosure. If the administrative organ decides to disclose the government information applied for disclosure, the applicant may suggest that the administrative organ bring the information into the scope of voluntary disclosure. Thirty-third citizens, legal persons or other organizations have evidence to prove that the records of government information related to them provided by administrative organs are inaccurate, and they have the right to ask administrative organs to correct them. If the administrative organ has the right to make corrections, it shall make corrections in time; If it has no right to make corrections, it shall be transferred to the administrative organ that has the right to make corrections, and the applicant shall be informed. Laws, regulations and rules have special procedures for information correction, from its provisions. Thirty-fourth administrative organs in accordance with the application to provide government information, you can charge the actual cost of retrieval, copying, mailing and other fees, the fees charged into the financial management at the same level; The specific charging standards shall be formulated by the municipal price and financial departments. Rural five-guarantee recipients, urban and rural residents' minimum living guarantee recipients and special care recipients who enjoy state pension subsidies, upon their own application, with relevant certificates issued by the civil affairs department, the accepting organ may waive relevant fees. [1] Chapter IV Supervision and Guarantee Article 35 The people's governments at all levels in this Municipality shall establish and improve the evaluation system, social evaluation system and accountability system for government information disclosure, and regularly evaluate and appraise the government information disclosure. Thirty-sixth administrative organs shall publish the annual report on government information disclosure before March 3 1 every year. The annual report on the work of government information disclosure shall include the following contents: (1) the annual work of the administrative organ's government information disclosure organization, system construction, channel places, education and training; (two) the situation of the administrative organ's voluntary disclosure of government information; (three) the administrative organ shall disclose the government information according to the application, but shall not disclose the government information; (4) Applying for administrative reconsideration or administrative litigation due to the disclosure of government information; (five) the charges and free charges of government information disclosure; (six) the main problems existing in the government information disclosure work and the improvement; (seven) other matters that need to be reported. Thirty-seventh municipal government office to organize the annual assessment of government information disclosure. The annual assessment of government information disclosure shall be announced to the public. Thirty-eighth administrative organs can take a variety of ways to carry out social appraisal, and solicit opinions and suggestions from citizens, legal persons or other organizations on the government information disclosure work of their own organs. The administrative organ shall adopt reasonable opinions and suggestions. Thirty-ninth government information disclosure departments and supervisory organs are responsible for supervising and inspecting the implementation of government information disclosure by administrative organs, and guiding and supervising the accountability of government information disclosure in this Municipality. The methods and procedures of accountability shall be implemented with reference to the administrative accountability measures of this Municipality. Fortieth citizens, legal persons or other organizations that the administrative organ fails to perform the obligation of government information disclosure according to law may report to the superior administrative organ, the supervisory organ or the competent department of government information disclosure. The organ that receives the report shall investigate and handle it. Citizens, legal persons or other organizations may apply for administrative reconsideration or bring an administrative lawsuit according to law if they think that the specific administrative act of an administrative organ in the work of government information disclosure infringes upon their legitimate rights and interests. The administrative organ shall promptly correct the problems related to the disclosure of government information found in administrative reconsideration and administrative litigation. Forty-first administrative organs in violation of the provisions, did not establish and improve the confidentiality review mechanism of government information release, the supervisory organ and the higher administrative organ shall order it to make corrections; If the circumstances are serious, the principal responsible person of the administrative organ shall be punished according to law. Administrative organs in violation of the provisions, one of the following circumstances, the supervisory organs and higher administrative organs shall be ordered to make corrections; If the circumstances are serious, the person in charge directly responsible for the administrative organ and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to fulfill the obligation of government information disclosure according to law; (two) do not update the contents of government information, government information disclosure guidelines and government information disclosure catalogue in a timely manner; (3) collecting fees in violation of regulations; (four) providing government information in the form of paid services through other organizations and individuals; (5) disclosing government information that should not be disclosed; (six) other acts in violation of regulations. Chapter V Supplementary Provisions Article 42 These Provisions shall apply to the activities of organizations authorized by laws and regulations with the function of managing public affairs to disclose government information. Forty-third education, health care, family planning, water supply, power supply, gas supply, heating, environmental protection, public transportation, communications and other public enterprises and institutions closely related to the interests of the people's information disclosure. In the process of providing social public services, it shall be implemented with reference to these provisions. The relevant competent departments shall guide and supervise the information disclosure work of public enterprises and institutions under their management. Forty-fourth laws, regulations and relevant provisions of the state have other provisions on the disclosure of government information, such provisions shall prevail. Article 45 These Provisions shall come into force as of 20051October 2065438+ 1 day. It can be seen that the Beijing municipal government's regulations on information disclosure are very comprehensive. There are generally two ways to disclose information. For the information stipulated in China, it is not necessary to disclose it first, but also to apply for disclosure. Therefore, the regulations of the Beijing Municipal Government on this issue are very comprehensive.