Article 2 The term "government information" as mentioned in these Measures refers to information produced or obtained by administrative organs in the course of performing their duties, and recorded and preserved in a certain form.
Article 3 People's governments at all levels shall organize and lead the work of government information disclosure.
The office of the people's government at or above the county level is the competent department of government information disclosure, which is responsible for promoting, guiding, coordinating and supervising the government information disclosure in this administrative region. The daily work of government information disclosure shall be undertaken by the government information disclosure agency determined by the people's government at the corresponding level.
Article 4 The disclosure of government information shall follow the principles of justice, fairness, convenience, timeliness and accuracy.
Article 5 The disclosure of government information shall not endanger national security, public security, economic security and social stability.
Chapter II Propagandizing Subject
Article 6 The administrative organ shall determine the working organization to be responsible for the daily work of the government information disclosure of the organ, and its responsibilities are:
(a) the preparation of government information disclosure guidelines and directories;
(two) to maintain and update the open government information;
(three) the confidentiality review of government information to be disclosed;
(four) the preparation of the annual report on the work of government information disclosure;
(five) responsible for other work of government information disclosure.
Article 7 Government information produced by an administrative organ shall be made public by the administrative organ that produced the information. Government information obtained and kept by administrative organs from citizens, legal persons or other organizations shall be made public by the administrative organs that keep the information. Government information produced by other administrative organs obtained and kept by administrative organs shall be made public by the administrative organ that produced the information.
The relevant duties of the people's governments at or above the county level shall be borne by their subordinate departments according to law, and the government information produced or obtained or preserved by their subordinate departments in the process of assuming their duties shall be made public.
The government information produced by more than two administrative organs is made public by the administrative organ that leads the production.
Article 8 Where the functions of an administrative organ are revoked, merged or adjusted, the government information produced and kept by it shall be made public by the administrative organ that continues to perform its functions or the unit that keeps the information.
Article 9 If the government information released by an administrative organ involves other administrative organs, it shall communicate with other administrative organs and be made public only after confirmation. If consensus cannot be reached, it shall be reported to the administrative organ at the next higher level for coordination.
Chapter III Publicity Scope
Tenth in addition to the voluntary disclosure of government information in accordance with the "Regulations", the administrative organ shall also focus on the disclosure of the following government information:
(a) the list of government powers and responsibilities, and the flow chart of government power operation;
(two) the budget and implementation of the funds for going abroad (abroad), the purchase and use of official vehicles, and the funds for official reception;
(three) the registration and transfer of rural land contractual management rights, the transfer of state-owned construction land use rights, mining rights and exploration rights;
(four) the construction plan of affordable housing and the start and completion of the project, and the distribution and withdrawal of affordable housing;
(five) approval, bidding, bidding and acceptance of government investment projects;
(six) the conditions, amount and examination of the staff of administrative organs and public welfare institutions;
(seven) the conditions, standards and objects of social assistance, and the management and distribution of relief funds and materials;
(eight) the construction project environmental impact assessment report, environmental supervision and management, environmental pollution accident investigation;
(nine) emergency rescue and investigation and handling of production safety accidents;
(10) The commodities and services priced by the government and guided by the government and their price standards, pricing basis and implementation time;
(eleven) other information decided by the people's government at the corresponding level.
Eleventh the following government information shall not be made public:
(1) Information involving state secrets;
(2) Information involving trade secrets;
(three) the identity, communication, health, marriage, family, property status and other information related to personal privacy;
(4) Information that may endanger public security, economic security or social stability after examination according to law;
(five) the process information and internal management information of the administrative organ's discussion, research and consideration of relevant matters;
(six) other information that is not disclosed by laws and regulations.
The government information specified in items 2 and 3 of the preceding paragraph may be disclosed if it is disclosed or not with the consent of the obligee, which may have a significant impact on the public interest.
In accordance with the relevant provisions of the state, the government information that needs to be approved shall not be released without approval.
Twelfth in addition to the government information voluntarily disclosed by the administrative organ, citizens, legal persons or other organizations may apply to the administrative organ for obtaining relevant government information according to their own special needs such as production, life and scientific research.
Thirteenth when making government information, the administrative organ shall determine whether the government information is open. If it is not made public, it shall indicate the reasons.
The administrative organ shall dynamically manage the undisclosed government information. If the situation changes and meets the requirements for disclosure, it shall be disclosed according to law.
Chapter IV Publicity Methods and Procedures
Fourteenth administrative organs should take one or more of the following measures to actively disclose government information:
(a) the government website of the organ;
(2) Official Gazette;
(3) press conference;
(4) Newspapers, radio and television;
(five) other ways to facilitate the public to know.
Administrative organs can also actively disclose government information through new media such as government affairs Weibo, setting up access points, bulletin boards, electronic information screens and other forms.
Fifteenth administrative organs of the government website should set up a column of government information disclosure, timely disclosure and update of government information, to provide convenience for the public to search, consult and download information. Government departments and institutions that have not established government websites shall disclose government information through the government websites of the people's governments at the corresponding levels. Township people's governments and sub-district offices that have not established government websites shall disclose government information through the government websites of the people's governments at the next higher level.
The establishment and maintenance of the government information disclosure column of the government website of the administrative organ shall conform to the technical specifications for government information disclosure formulated by the state and the province.
Sixteenth people's governments at all levels should set up government information reference points in public service institutions and government service places such as the National Archives and public libraries, and be equipped with corresponding facilities and equipment.
The administrative organ shall regularly provide the government information access point with the paper and electronic versions of government information that are voluntarily disclosed.
Seventeenth administrative organs should build Internet government information data service platform and convenience service platform, and provide information disclosure consulting services and policy interpretation services for citizens, legal persons or other organizations.
Eighteenth government information should be voluntarily disclosed, the administrative organ shall make it public within 20 working days from the date of formation or change of the information. Where laws and regulations provide otherwise, such provisions shall prevail.
For natural disasters, accidents and disasters, public health, social security and other major emergencies and other public events of social concern, the administrative authorities shall promptly publish the preliminary verified event information, and dynamically disclose information such as incident response measures and response progress according to the development and disposal of the situation.
Nineteenth administrative organs shall compile and publish the government information disclosure guidelines and directories, and update them in a timely manner.
The guide to the disclosure of government information should include the classification, arrangement system and acquisition method of government information, the name, address and contact information of the government information disclosure work organization, the procedures for applying for the disclosure of government information, and the channels for rights relief.
The catalogue of government information disclosure shall include the index, name, content summary, generation date and other contents of government information.
Article 20 The address, working hours, telephone and fax numbers, and e-mail address of the working institution where the administrative organ accepts the application for government information disclosure shall be published in a way that is easy for the public to know.
Citizens who apply for government information disclosure have difficulty in reading or hearing and hearing, and the administrative organ shall provide them with necessary help.
Twenty-first citizens, legal persons or other organizations that need to obtain government information shall submit a written application to the administrative organ. If the written application is indeed difficult, it may be submitted orally and filled in by the accepting organ on behalf of the applicant.
Twenty-second government information disclosure application shall include the following contents:
(a) the applicant's name, certificate name and number, telephone number and mailing address;
(2) Description of the contents of the government information applied for disclosure;
(three) the purpose of obtaining government information;
(four) the form requirements for providing government information;
(5) The name of the accepting organ;
(6) The signature or seal of the applicant.
When the applicant submits an application for government information disclosure to the administrative organ, it shall attach a copy of the certificate and proof materials for applying for government information disclosure due to special needs such as production, life and scientific research.
Article 23 If the materials submitted by the applicant for the disclosure of government information are incomplete or the contents of the application are unclear, the administrative organ shall inform the applicant to make corrections on the spot or within five working days. If the applicant refuses to supplement or make corrections without justifiable reasons, or fails to supplement or make corrections within the time limit, it shall be deemed as giving up the application.
Twenty-fourth administrative organs received an application for government information disclosure, and can reply on the spot, it shall reply on the spot; If you can't answer on the spot, you should give a reply within 15 working days from the date when the government information disclosure office of this organ receives the application. If a reply cannot be made within the prescribed time limit, with the approval of the person in charge of the government information disclosure work agency of this organ, the reply time limit may be appropriately extended, and the applicant shall be informed of the reasons for the extension, but the extension time limit shall not exceed 15 working days at most.
The time for the applicant to supplement the application materials and correct the application contents in accordance with the provisions of Article 23 of these Measures shall not be included in the reply period.
Twenty-fifth of the government information disclosure application, the administrative organ shall make a reply according to the government information disclosure:
(a) has been voluntarily disclosed, inform the applicant of the ways and means to obtain the government information.
(2) If it can be made public after examination, it shall be made public in the form required by the applicant; If it cannot be made public in the form required by the applicant, it can be made public by arranging the applicant to consult relevant materials and providing a copy to the applicant.
(three) in the eleventh provisions of these measures, inform the applicant and explain the reasons.
(4) If it contains contents that are not to be disclosed and can be treated differently, it shall provide the applicant with contents that can be disclosed; If it is impossible to distinguish, inform the applicant that it will not be made public and explain the reasons.
(5) If this organ has not produced or obtained it, inform the applicant that the information does not exist.
(6) If it is necessary for an administrative organ to summarize, process or re-produce, or collect from other administrative organs or citizens, legal persons and other organizations, inform the applicant that the information does not exist yet.
(seven) to inform the applicant of information that does not fall within the scope of responsibilities of this organ; If the administrative organ responsible for disclosing the information can be determined, the applicant shall be informed of the name and contact information of the administrative organ.
(eight) the administrative organ has made a reply, and the applicant applies again for the same content, and informs the applicant that it is a duplicate application and does not repeat the reply.
(nine) has nothing to do with the applicant's production, life, scientific research and other special needs, inform the applicant not to provide.
(ten) has been transferred to the National Archives in accordance with the provisions of the laws and regulations on archives management, and inform the applicant to apply for consulting the archives of the National Archives according to law.
Informing the applicant of relevant matters in accordance with the provisions of the preceding paragraph shall be in written form.
Twenty-sixth citizens, legal persons or other organizations may apply to the administrative organs to provide government information related to their own tax payment, social security, medical and health care, administrative registration, etc., and shall provide valid identity documents or certification documents.
Citizens, legal persons or other organizations that have evidence to prove that the relevant government information provided by the administrative organ is inaccurate may apply to the administrative organ for correction. The administrative organ shall make corrections within 15 working days from the date of accepting the application; If it has no right to make corrections, it shall be transferred to the administrative organ that has the right to make corrections within 5 working days from the date of receiving the application, and the applicant shall be informed.
Article 27 Before an administrative organ voluntarily discloses government information or discloses government information to an applicant, it shall examine the government information to be disclosed in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and other relevant laws, regulations and state regulations. Where business secrets or personal privacy are involved, the opinions of the obligee shall be listened to. If it is uncertain whether it can be made public, it shall be sent to the relevant competent business department or the confidentiality administrative department at the same level for determination; The relevant competent business department or the secrecy administrative department at the same level shall make a reply within 5 working days.
Twenty-eighth administrative organs should promptly respond to important public opinion information related to their duties, and if they find false or incomplete information that affects or may affect social stability and disrupt social management order, they should release accurate government information within their duties to clarify it.
Chapter V Supervision and Guarantee
Twenty-ninth people's governments at or above the county level shall incorporate the government information disclosure work into the target management assessment content, and assess the government information disclosure work of the people's government at the same level and the departments and institutions of the people's governments at lower levels.
Thirtieth citizens, legal persons or other organizations that the administrative organ fails to perform the obligation of government information disclosure according to law, can report to the administrative organ at a higher level, the supervisory organ or the competent department of government information disclosure. The administrative 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 in accordance with the law if they think that specific administrative acts such as the administrative organ's failure to perform the obligation of government information disclosure in accordance with the law infringe upon their legitimate rights and interests.
Chapter VI Supplementary Provisions
Article 31 These Measures shall apply to the disclosure of government information by organizations authorized by laws and regulations to manage public affairs.
Article 32 These Measures shall come into force as of 20051October 2065438+ 1 day.