In order to regulate the disclosure of government information, the establishment of an open and transparent administrative management system, to protect the citizens, legal persons and other organizations of the right to know, and supervise the administrative organs to perform their duties in accordance with law, according to the "Chinese people's *** and the State Regulations on the Disclosure of Government Information" and the "Shaanxi Provincial Government Disclosure of Information Provisions", as well as the relevant laws and regulations, the formulation of the provisions of this regulation.
The government information referred to in these provisions, refers to the administrative organs in the performance of their duties or provide public **** services in the process of mastering, making or obtaining, in a certain form of record, save the information.
The administrative organs referred to in these provisions mean the people's governments at all levels of the city and their working departments, dispatched organs and sending agencies.
1. Organization and leadership of information disclosure
1.1 The Leading Group for Information Disclosure of the Municipal People's Government is the leading agency for information disclosure in the city, and its office is located in the General Office of the Municipal People's Government, which is specifically in charge of the day-to-day management of the city's work on government information disclosure, and organizes and directs the implementation of these provisions.
1.2 Departments of the municipal people's government and the people's governments of the districts and counties and their departments should establish and improve the work of the administrative organs of the government information disclosure system, and designate agencies (hereinafter collectively referred to as the work of the government information disclosure organization) is responsible for the administrative organs of the government information disclosure of the day-to-day work.
1.3 Specific responsibilities of the government information disclosure work organization:
(1) specifically undertake the administrative organ of the government information disclosure matters;
(2) maintenance, updating, and the administrative organ of the open government information;
(3) organization of the administrative organ of the government information disclosure guide, government information disclosure directory and the work of the government information disclosure Annual report;
(4) confidential review of government information to be disclosed;
(5) other duties related to the disclosure of government information prescribed by this administrative organ.
1.4 Establishment of a joint meeting system for the disclosure of government information. Municipal People's Government Information Disclosure Leading Group is responsible for regularly convening joint meetings attended by the Government Office, legal system, supervision, information and other relevant departments to study, coordinate and resolve important issues in the process of government information disclosure. The joint meeting will be held once every six months, and may be convened on an ad hoc basis in special circumstances.
1.5 Government information disclosure in accordance with the "who discloses, who is responsible for" the principle of government information disclosure at all levels of government information disclosure of government information disclosed by the organization's authenticity, legality, confidentiality audit, the disclosure of important information should be reported to the municipal government for approval of the Leading Group on Information Disclosure.
2. Scope of government information disclosure
2.1 The administrative organ of the following basic requirements for one of the government information should be proactively disclosed:
(1) involving the interests of citizens, legal persons or other organizations;
(2) need to be widely known by or participate in the community;
(3) to reflect the administrative organs of this institution Setting, functions, procedures and other circumstances;
(4) other in accordance with laws, regulations and relevant state regulations should be actively open.
2.2 Departments of the municipal people's government and people's governments of districts and counties and their subordinate departments shall, in accordance with the provisions of this regulation on active disclosure, determine the content of government information to be actively disclosed within their respective areas of responsibility, and focus on disclosure of the following government information:
(1) regulations, rules and normative documents on the fulfillment of social management and public ****services, as well as interpretation of relevant policies;
(2) national economic, social and cultural rights, as well as the rights and interests of the people's government. p>(2) national economic and social development planning, special planning, industry planning and related policies;
(3) statistical information on national economic and social development;
(4) basic information on population, enterprises, natural resources and spatial geography, and macroeconomics;
(5) reports on the financial budgets and final accounts, and the annual audit reports;
(6) the government's centralized procurement project catalog and limit standards, public tender announcements, procurement results and its supervision, contact information for accepting government procurement complaints and the results of complaint handling, government procurement bidding business agency directory, etc.;
(7) the approval of major urban construction projects and public bidding and the progress of the project, government investment in construction of public welfare projects project, input, acceptance
(8) the items, basis and standards of administrative fees;
(9) the items, basis, procedures and standards of administrative penalties;
(10) the basis for the establishment of administrative licenses (approvals), the number of matters and the adjustment of the situation, the conditions, procedures, deadlines for administrative licenses (approvals), and all the materials required to apply for administrative licenses;
(11) the list of materials and the processing situation;
(12) the conditions, procedures, deadlines and all the materials required to apply for administrative licenses, and all the materials required to apply for administrative licenses. Material catalog and processing;
(11) administrative organs online acceptance of administrative licensing and online business matters, conditions, processes, login address, consulting phone number, results, etc.;
(12) education, health care, social security, poverty alleviation, employment promotion and other policies, measures and implementation;
(13) affecting the safety of public ***** epidemic, disaster, food safety, public security or criminal cases, traffic accidents and other major emergencies of the emergency plan, early warning information and response;
(14) rescue and relief, preferential treatment, relief, social donations and other funds management, use and distribution;
(15) environmental protection, public **** hygiene, production safety, food and drug, product quality supervision and inspection conditions;
(16) the expropriation or requisition of land and the granting of operational land use rights, the granting of prospecting and mining rights, and the disposal and trading of property rights of state-owned enterprises;
(17) the approval documents for the demolition and relocation of housing, resettlement programs, compensation standards, as well as the granting of subsidies and the use and resettlement of these;
(18) the construction of economically affordable and low-rent housing, the conditions for purchase and rental, as well as the construction, purchase and lease conditions, as well as sale and lease;
(19) the establishment, functions, office locations, contact information, duties and responsibilities of the main leaders of the administrative organs, as well as adjustments and changes;
(20) information on the recruitment and hiring of civil servants and staff members of comparable civil service management units, as well as the basis, conditions, procedures and recruitment results of the resettlement of military cadres and discharged soldiers, and the introduction of talent
(21) Pricing and price adjustment of charges for public facilities and public ****services;
(22) Other government information that should be made public as stipulated by laws, regulations and rules.
2.3 The people's government of a township shall, in accordance with the provisions of these regulations on active disclosure, determine the specific content of government information to be actively disclosed within the scope of its duties, and focus on the disclosure of the following government information:
(1) implementation of the state's policies on rural work;
(2) financial revenue and expenditure, and the management and use of various types of special funds;
(3) the overall land use plan of the township, the review and approval of the use of residential land;
(4) expropriation or requisition of land, housing demolition and relocation, and its compensation, subsidies and the issuance of the cost, the use of;
(5) the township's debts and liabilities, fund-raising and fund-raising;
(6) rescue and relief, preferential treatment, relief, and social donations and other funds and materials;
(7) the implementation of state policies on rural work;
(8) the implementation of financial revenue and expenditure, management and use of various types of special funds;
(7) contracting, leasing and auctioning of township collective enterprises and other township economic entities;
(8) implementation of family planning policies.
2.4 In addition to the government information disclosed by the administrative organs on their own initiative, citizens, legal persons or other organizations may apply to the administrative organs to obtain the relevant government information according to their own special needs in production, life, scientific research and so on.
2.5 Before disclosing government information, the administrative organ shall, in accordance with the "Law of the People's Republic of China on the Preservation of State Secrets" and other laws, regulations and relevant state regulations, review the government information to be disclosed. Administrative organs of government information can not determine whether it can be disclosed, it shall, in accordance with the laws, regulations and relevant state regulations reported to the competent authorities or confidentiality departments at the same level to determine.
2.6 The disclosure of government information by an administrative organ shall not jeopardize national security, public **** security, economic security and social stability. If an administrative organ discovers false or incomplete information that affects or may affect social stability or disrupt the order of social administration, it shall issue accurate government information within its scope of responsibility to clarify it.
2.7 Where an administrative organ releases government information involving other administrative organs, it shall communicate and confirm with the administrative organs concerned to ensure that the government information released by the administrative organ is accurate and consistent.
2.8 Administrative organs shall not disclose government information that involves state secrets, commercial secrets, personal privacy, or that is disclosed before the administrative organ makes a specific administrative act, and that may affect the interests of the state, the interests of the public ****, and law enforcement activities. However, with the consent of the right holder or the administrative organ believes that the non-disclosure may have a significant impact on the public **** interests of government information involving commercial secrets, personal privacy, can be disclosed.
3. Ways of Disclosure
3.1 Government information that an administrative organ takes the initiative to disclose in accordance with these provisions shall be disclosed in one or more of the following ways, depending on the characteristics of the information:
(1) on the website of Xi'an, China, or on the Internet website of the administrative organ;
(2) through the regular public distribution of a special edition of the government information, or through the use of the press and magazines, Radio, television and other news media to release government information;
(3) set up a fixed government information disclosure hall, bulletin boards, electronic screens, electronic touch screen, etc.
(4) placed in the office space for public inspection;
(5) regular government press conferences;
(6) set up a hotline for government information disclosure services;
(7) other convenient public access to government information;
(8) the government information disclosure service hotline;
(9) the government information disclosure hotline; and the government information disclosure service hotline. p>(7) Other forms that facilitate public access to information.
Government information that can be made public through the website shall be made public on the China Xi'an Portal as a matter of priority, so as to facilitate access to government information by citizens, legal persons or other organizations.
3.2 Administrative organs shall not set up reading barriers when providing government information. For the disabled and illiterate applicants who have difficulty in reading, the administrative organs shall provide necessary assistance.
3.3 The people's governments of the districts, counties and townships shall set up government information bulletin boards or query places in the government seat or public **** places with heavy flow of people.
4. Procedures for disclosure
4.1 The administrative organ shall, according to the government information disclosure guidelines and directory of the People's Government of Xi'an Municipality, prepare the government information disclosure guidelines and disclosure directory of this administrative organ and update them in a timely manner.
(1) the government information disclosure guide, should include the classification of government information, organization system, access to government information, the name of the government information disclosure organization, office address, office hours, contact phone number, fax number, e-mail, etc.;
(2) the government information disclosure directory should be recorded in the index of the government information, the name, the content of the summary, the date of generation or change.
4.2 Government information that belongs to active disclosure shall be disclosed within 20 working days from the date of formation or change of such government information. Laws and regulations on government information disclosure period otherwise provided, from its provisions.
4.3 Citizens, legal persons or other organizations applying for access to government information in accordance with the provisions of this regulation may apply to the administrative organ in possession of the information in the form of letter, fax or e-mail, or apply for the disclosure of government information through the Xi'an website. If it is difficult to use the above forms, the applicant can also be put forward orally, and the administrative organ accepting the application shall fill in the application for disclosure of government information on behalf of the applicant. The application shall include the following:
(1) the name of the applicant, contact information;
(2) a description of the content of the government information to be disclosed;
(3) the form of the government information to be disclosed.
4.4 Citizens, legal persons and other organizations requesting the administrative organ to provide them with government information related to registration, payment of taxes and fees, social security, medical care and health care, etc., shall submit a written application to the administrative organ in person with a valid identity document. The written application shall include a description of the content of the government information required, and signed or sealed. Where a citizen, legal person or other organization has evidence that a record of government information provided by an administrative organ that relates to him or her is inaccurate, he or she has the right to request that the administrative organ make corrections. The administrative organ does not have the right to correct, it should be forwarded to the administrative organ with the right to correct the processing, and inform the applicant.
4.5 Upon receipt of an application, the administrative organ shall give a written reply in accordance with the following circumstances:
(1) if it falls within the scope of public disclosure, the applicant shall be informed of the ways and means of obtaining the government information;
(2) if it falls within the scope of non-disclosure, the applicant shall be informed of it and the reasons therefor;
(3) if it does not fall within the scope of disclosure of the administrative organ by law, or if the government information does not exist, it shall be informed of it. The government information does not exist, shall inform the applicant. If it is possible to determine the public organ of the government information, the name and contact information of the administrative organ shall be informed;
(4) If the content of the application is unclear, the applicant shall be informed of the changes and additions to the application.
4.6 If the government information to be disclosed contains exemptions from disclosure, but can be differentiated, the part that can be disclosed shall be disclosed to the applicant.
4.7 The administrative organ that the application for disclosure of government information involves commercial secrets, personal privacy, the disclosure of which may be detrimental to the legitimate rights and interests of a third party, it shall consult the third party in writing; if the third party does not agree to the disclosure of the information, it shall not be disclosed. However, the administrative organ believes that the non-disclosure may have a significant impact on the interests of the public ****, it shall be disclosed, and the decision to disclose the content of government information and the reasons for the decision to notify the third party in writing.
4.8 The administrative organ shall reply to the applicant within 15 working days from the date of receipt of the application for disclosure of government information. If the decision on whether to disclose or provide the information cannot be made within the prescribed period due to objective reasons such as processing of information materials, it shall be agreed by the person in charge of the organization working on the disclosure of government information and the applicant shall be informed of the extension of the period for replying for a maximum of not more than 15 working days.
4.9 The government information disclosed by the administrative organ in response to an application shall be provided in the form requested by the applicant; if it is not possible to provide the information in the form requested by the applicant, it can be provided by arranging for the applicant to access the relevant information, providing copies or other appropriate forms.
4.10 The standards for administrative organs to charge for the costs of searching, copying and mailing shall be implemented in accordance with the provisions of the state and the competent price authorities. If a citizen who applies for the disclosure of government information has financial difficulties, the relevant fees may be reduced or waived upon his or her application and the approval of the person in charge of the organization responsible for the disclosure of government information.
5. Supervision and Inspection
5.1 Governments at all levels should establish and improve the work of open government information assessment system, social review system and accountability system, and regularly assess and evaluate the work of open government information.
5.2 The General Office of the Municipal Government and the Municipal Supervision Bureau of the city's annual assessment and evaluation of open government information, the Municipal Informatization Office is responsible for the assessment of open government information on the Internet, the results of the assessment will be incorporated into the city's comprehensive target assessment system.
5.3 Administrative organs should be published before March 1 each year, the annual report of the administrative organs of the work of open government information. The report shall include the following:
(1) the administrative organ to take the initiative to disclose government information;
(2) the administrative organ in response to the application for disclosure of government information and the situation of not disclosing government information;
(3) the situation of charges for the disclosure of government information and the reduction or waiver of the charges;
(4) due to the disclosure of government information for the application of administrative reconsideration, bring an administrative litigation
(5) The main problems and improvements in the disclosure of government information;
(6) Other matters to be reported.
5.4 Citizens, legal persons or other organizations believe that the administrative organ does not fulfill the obligation of disclosure of government information in accordance with the law, they can report to the higher administrative organ, supervisory organ or the competent department for the disclosure of government information. The administrative organ that receives the report shall investigate and deal with it.
5.5 administrative organs and their staff in violation of these provisions, one of the following circumstances, the General Office of the Municipal People's Government, the supervisory organs ordered to make corrections or be notified of the criticism; overdue correction, the directly responsible officer in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law:
(1) failure to fulfill the obligation to take the initiative to disclose, and failure to update in a timely manner should be actively disclosed to the Government information;
(2) concealing, failing to provide or failing to provide in a timely manner government information that should be disclosed to the applicant and providing incorrect or untrue government information;
(3) failing to prepare or update the guide to disclosure of government information and the catalog on schedule;
(4) failing to establish and improve the relevant system in accordance with the requirements of these provisions, which affects the work of disclosure of government information;
(5) failing to fulfill the obligation of active disclosure, failing to update the guide to disclosure of government information in time. p>
(5) Disclosure of government information that is false or should not be disclosed;
(6) Violation of the provisions of the fees charged or through other organizations or individuals to provide government information in the form of paid services;
(7) Violation of the provisions of other acts.
5.6 Citizens, legal persons or other organizations that believe that an administrative organ has violated these Provisions and infringed upon their lawful rights and interests may apply for an administrative reconsideration or bring an administrative lawsuit to the People's Court in accordance with the law.
6. Others
6.1 The activities of government information disclosure within the administrative area of the city shall be governed by these provisions.
6.2 The activities of organizations authorized by laws and regulations with the function of managing public **** affairs to disclose government information shall be governed by these provisions.
6.3 These provisions shall be implemented from the date of issuance .