Shanghai Minhang District Information Disclosure Regulations include what?

Shanghai Minhang District Information Disclosure Regulations Chapter I General Provisions Article 1 (based on) Based on the "Chinese People's *** and State Government Information Disclosure Regulations" (hereinafter referred to as the "Government Information Disclosure Regulations") and other relevant laws and regulations, combined with the actual situation in the city, to formulate the provisions of this regulation. Article 2 (Definition) The government information referred to in these provisions refers to the information produced or obtained by administrative organs in the course of performing their duties, and recorded and preserved in a certain form. Article 3 (principles) administrative organs shall disclose government information, except for those that are not disclosed according to law. Administrative organs shall disclose government information in accordance with the principles of justice, fairness, accessibility and timeliness. Article 4 (organization and promotion system) the city government at all levels shall strengthen the organization and leadership of the work of open government information. The General Office of the Municipal Government is the competent authority for the openness of government information in the Municipality, and is responsible for promoting, guiding, coordinating and supervising the openness of government information in the Municipality. Municipal Commission of Economy and Information Technology, Municipal Supervision Bureau, Municipal Legislative Affairs Office, Municipal Government Information Office, Municipal Bureau of State Secrets and other relevant administrative organs in the Municipal Government Office of the unified coordination, responsible for the specific implementation of the work of open government information to promote the work. District (county) Government Office in conjunction with the relevant departments to promote, guide, coordinate and supervise the work of open government information in the administrative region. Article 5 (work organization) administrative organs shall establish and improve the work system of open government information of the organ, and designate the organization (hereinafter collectively referred to as the work organization of open government information) is responsible for the daily work of open government information of the organ. The main duties of the government information disclosure work organization are: (1) to specifically undertake the active disclosure of government information of the organ, and maintain and update the active disclosure of government information of the organ; (2) to accept and deal with the application for the disclosure of government information to the organ; (3) to carry out the confidentiality review of the government information to be disclosed; (4) to organize the compilation of the guide to the public disclosure of government information, the catalog of the public disclosure of government information and the annual report of the public disclosure of government information of the organ; and (5) to organize the public disclosure of government information to be disclosed to the organ, and the public disclosure of government information to the organ. (d) Organize the preparation of the government information disclosure guide, government information disclosure catalog and the annual report of the work of government information disclosure; (e) Perform other duties related to the disclosure of government information as prescribed by the organ. The administrative organ shall disclose to the public the name, office address, office hours, contact telephone number, fax number and e-mail address of the organ's government information disclosure work organization, so as to facilitate citizens, legal persons and other organizations to make inquiries on government information disclosure matters. Article 6 (Protection of Public **** Interests) The disclosure of government information by an administrative organ shall not jeopardize national security, public **** security, economic security or social stability. Administrative organs in accordance with the provisions of the preceding paragraph decided not to disclose government information, shall report in writing to the city or district (county) government information disclosure work department. Article 7 (confidentiality review mechanism) administrative organs shall establish and improve the confidentiality review mechanism for the release of government information. Administrative organs in the public government information shall be reviewed in accordance with the law, confidentiality; determine not to be disclosed, shall indicate the reasons. Administrative organs in the drafting of official documents at the same time, should be reviewed and clear that the official documents belong to the initiative to disclose, to disclose upon application or not to disclose. Confidentiality review of government information, the relevant business organizations of the administrative organ to put forward the views of the government information disclosure work organization in conjunction with the confidentiality of the work organization, the legal system institutions and other review, reported to the head of the administrative organ to decide. Article 8 (release coordination mechanism) administrative organs shall establish and improve the coordination mechanism for the release of government information. In one of the following cases, the administrative organ shall communicate and confirm with the relevant administrative organ to ensure that the government information released by the administrative organ is accurate and consistent: (1) before the administrative organ releases the government information, it knows that the government information involves other administrative organs; (2) the government information involves two or more administrative organs, but the content of the relevant administrative organs has been released by the government information is not consistent. If the relevant administrative organs do not agree on the content of the government information released, but the content of the government information can be differentiated in accordance with the duties and powers of the administrative organs, it shall be handled in accordance with the opinions of the authorized organs. Administrative organs to release government information in accordance with the relevant provisions of the state or municipal government needs to be approved, shall not be released without approval. Article 9 (Verification and checking of public content) For government information produced ex officio, the administrative organ shall verify the content of the government information before disclosure to ensure that the content of the government information disclosed is accurate. For government information obtained ex officio from citizens, legal persons or other organizations, the administrative organ shall carry out verification before disclosure to ensure that the content of the government information disclosed is consistent with the content of the government information obtained. Article 10 (Handling of Uncertain, False and Incomplete Information) Except when an administrative organ makes a draft document available for public consultation, government information that is part of the process of investigation, discussion or processing shall not be made public if, because of the uncertainty of its content, its disclosure may affect national security, public **** security, economic security or social stability. Administrative organs find false or incomplete information that affects or may affect social stability and disrupt the social management order, shall report to the government at the current level or the administrative organs at the next higher level for consent, according to the scope of responsibilities and powers to issue accurate government information to be clarified. Chapter II Scope of Disclosure Article 11 (active disclosure) administrative organs to meet one of the following basic requirements of government information shall be actively disclosed: (a) involving citizens, legal persons or other organizations of vital interests; (b) the need for the public to be widely known or participated in; (c) reflecting the administrative organs of the institutional setup, functions, and procedures, etc.; (d) in accordance with the laws, rules and regulations and the relevant provisions of the State should be actively disclosed. The relevant provisions of the state should be actively disclosed. The administrative organ shall, in accordance with the provisions of Articles 10, 11 and 12 of the Regulations on the Disclosure of Government Information, determine the focus of government information to be disclosed by the organ on its own initiative. Article 12 (Non-disclosure) The following government information shall not be made public: (1) state secrets; (2) commercial secrets; (3) personal privacy. Government information listed in subparagraphs (b) and (c) of the preceding paragraph may be disclosed after obtaining the consent of the right holder to its disclosure or if the administrative organ considers that non-disclosure may have a significant impact on the public **** interest. If the right holder fails to reply to the administrative organ to the request for opinion on whether he or she agrees to the disclosure, he or she is deemed not to agree to the disclosure. Article 13 (Disclosure Upon Application) Citizens, legal persons or other organizations have the right to apply to the administrative organ for access to relevant government information in accordance with the Regulations on the Disclosure of Government Information and the present provisions. Article 14 (Scope of Responsibility and Authority for Disclosure) Government information produced by an administrative organ shall be disclosed by the administrative organ that produced the government information. Government information obtained by an administrative organ ex officio from a citizen, legal person or other organization shall be disclosed by the administrative organ that obtained the government information. In the event that an administrative organ with the obligation to disclose government information is revoked or changed, the administrative organ that assumes its duties shall be responsible for the disclosure of government information of the former administrative organ. Where laws and regulations provide otherwise on the scope of responsibility and authority for the disclosure of government information, such provisions shall apply. Article 15 (Disclosure Guidelines and Catalogs) An administrative organ shall, in accordance with the provisions of Article 19 of the "Regulations on the Disclosure of Government Information", compile and publicize its own guidelines for the disclosure of government information, active disclosure catalogs and catalogs for disclosure upon application. Government information disclosure guidelines and catalogs should be updated in a timely manner. Chapter III means of active disclosure Article 16 (government website) belongs to the scope of active disclosure of government information, the administrative organ shall be disclosed in the organ's government website; the organ has not yet set up a government website, it shall be made public through the government website of the current level of government or the next level of government. Article 17 (state archives and public **** library) city and district (county) government shall set up in the city or district (county) state archives and public **** library government information access places, equipped with appropriate facilities, equipment, for citizens, legal persons or other organizations to obtain government information to provide convenience. The administrative organ shall deliver to the municipal or district (county) state archives and public **** libraries the guidelines and catalogs for the disclosure of government information of the organ, as well as government information belonging to the scope of active disclosure, within 20 working days from the date of completion of the compilation, formation, or updating, or change. Article 18 (government gazette) city and district (county) government shall establish and improve the government gazette system. Municipal government regulations and normative documents, shall be published within 20 working days from the date of publication, in the municipal government gazette in full. The municipal government gazette is distributed to the public free of charge through designated kiosks, bookstores and post offices, and is available for public inspection free of charge at municipal and district (county) state archives and public **** libraries. Article 19 (press release and press spokesman) city and district (county) government shall establish and improve the press release system, designated press spokesman. Major public **** events, public **** early warning information and other government information that the public needs to know in a timely manner, should be made public through a press conference. Article 20 (other means of disclosure) Administrative organs with the conditions shall set up public **** access room, information request points, information bulletin boards, electronic information screens and other places and facilities to facilitate the public to the relevant government information retrieval, query, copy. Chapter IV Procedures for Disclosure Upon Application Article 21 (Application) Citizens, legal persons or other organizations in accordance with the provisions of Article 13 of the "Regulations on the Disclosure of Government Information" to the administrative organ to apply for the disclosure of government information, the application shall be submitted to the following contents: (1) the name of the applicant, or the name, contact information; (2) the content of the government information is clear, including the name of the document, document number or other characteristic description of the specific government information that can be pointed to. (ii) clear government information content, including the name of the document that can be used to point to the specific government information, document number or other characteristics of the description; (iii) the way to obtain government information and its carrier form. Where a citizen, legal person or other organization applies to an administrative organ for the disclosure of government information, the administrative organ may ask the applicant the purpose of obtaining the government information. Article 22 (Assistance and Facilitation) If an applicant has difficulty in writing an application for disclosure of government information, he or she may make the application orally, and a staff member of the administrative organ that receives the application shall fill in the application on his or her behalf, and the application shall be confirmed by the applicant's signature or seal. If the applicant has difficulty in describing the name, symbol or exact characteristics of the government information he or she needs and consults the administrative organ, the administrative organ shall provide the necessary assistance. Government information according to law belongs to the district (county) government and its departments, township (town) government or street office public, the district (county) government can set up a centralized reception of applications for the administrative region of the window, to facilitate the citizens, legal persons or other organizations to apply for the disclosure of government information. Article 23 (Response) of citizens, legal persons or other organizations to apply for disclosure of government information, the administrative organ shall, in accordance with the following provisions, respectively, to make a response: (a) belongs to the scope of disclosure, shall inform the applicant of the ways and means to obtain the government information. (ii) If it falls within the scope of non-disclosure, the applicant shall be informed and the reasons shall be given. (C) If the content of the application does not fall within the scope of the government information specified herein, the applicant shall be informed of this and the relevant circumstances shall be explained. (d) If the government information requested for disclosure falls within the scope of responsibility and authority of the organ, but has not been produced or acquired by the organ, the applicant shall be informed that the government information does not exist. (E) The application for disclosure of government information does not fall within the scope of responsibility and authority of the Organization, the applicant shall be informed that the information does not belong to the Organization; to be able to determine the disclosure of government information, the applicant shall be informed of the name of the disclosure of the organization, contact information. (F) the application for disclosure of government information contains content that should not be disclosed, but can be differentiated, the applicant shall be informed of part of the disclosure and access to ways and means; the part that is not disclosed, it shall state the reasons. (g) The application for disclosure of government information involves commercial secrets, personal privacy, but in line with the provisions of paragraph 2 of Article 12 of these Regulations, can be disclosed, the applicant shall be informed of the ways and means of obtaining the government information, and the decision to disclose the content and reasons for the decision to inform the right holder in writing. (H) The content of the application is unclear and does not comply with the provisions of paragraph 1 of Article 21 of these Regulations, the applicant shall be informed to make corrections within a reasonable period of time; if the applicant fails to make corrections after the expiration of the period of time, it shall be regarded as giving up the application. (IX) the same applicant without justifiable reasons repeatedly to the same administrative organ to apply for the disclosure of the same government information, the administrative organ has already made a reply, the applicant can inform the applicant not to repeat the process. Article 24 (Means of Obtaining and Form of Carrier) Where an administrative organ discloses government information upon application, the applicant may choose to obtain the government information by mail, delivery, facsimile, or in person, and may choose the form of carrier of the government information, such as paper, CD-ROM, or disk. The administrative organ shall provide government information in accordance with the manner and carrier form requested by the applicant; where it is not possible to provide the information in accordance with the applicant's request, it may do so by arranging for the applicant to consult the relevant materials or other appropriate manner and carrier form. Article 25 (Access to and Correction of Own Information) Citizens, legal persons or other organizations applying to an administrative organ for the provision of government information relating to the payment of taxes and fees, social security, medical care and health care, registration and other government information relating to themselves shall present a valid identity card or supporting documents. The government information stipulated in the preceding paragraph belongs to the administrative organ to produce, citizens, legal persons or other organizations have evidence to prove that the record of government information provided by the administrative organ related to themselves is inaccurate, they have the right to request that the administrative organ be corrected; the administrative organ does not have the right to correct the administrative organ shall be forwarded to the administrative organ that has the right to correct the administrative organ to deal with it, and inform the applicant. Article 26 (period) administrative organs receive applications for disclosure of government information, can reply on the spot, shall reply on the spot; can not reply on the spot, shall reply within 15 working days from the date of receipt of the application. Administrative organs need to extend the deadline for reply, shall be agreed by the head of the open government information organization, and inform the applicant. Extension of the response period shall not exceed a maximum of 15 working days. Administrative organs to provide government information to the applicant shall be provided on the spot after the applicant to complete the relevant procedures; can not be provided on the spot, shall be provided within 10 working days after the applicant to complete the relevant procedures. Article 27 (Fees and Charges) administrative organ upon application to citizens, legal persons or other organizations to provide government information, may charge the actual cost of retrieval, copying, postage and other costs, but shall not charge other fees. The standards for administrative organs to charge the costs and fees stipulated in the preceding paragraph shall be implemented in accordance with the provisions of the competent price department of the State Council and the financial department of the State Council. All costs collected shall be paid into the treasury. Where an applicant is a recipient of the minimum subsistence guarantee for urban or rural residents or has other genuine financial difficulties, the fees shall be waived. An administrative organ shall not provide government information through other organizations or individuals in the form of paid services. Chapter V Supervision and relief Article 28 (annual report) The competent department of the municipal government information disclosure work shall, before the end of March each year, prepare and publish the annual report of the city's government information disclosure work. The city's other administrative organs shall be at the end of February each year, the preparation and publication of the annual report on the disclosure of government information, and submitted to the city or district (county) government information disclosure work department. The annual report on the disclosure of government information shall include the following: (a) the administrative organ to take the initiative to disclose government information; (b) citizens, legal persons or other organizations to apply for the disclosure of government information statistics; (c) the administrative organ to agree to the disclosure of part of the disclosure and non-disclosure of government information classified statistical information; (d) due to the disclosure of government information to apply for administrative reconsideration, administrative litigation, and the handling results; (e) government information disclosure application for administrative reconsideration, administrative litigation and its (e) fees for the disclosure of government information and the exemption of fees; (f) major problems in the disclosure of government information and the improvement of the situation; (g) other important matters to be reported. Article 29 (assessment) municipal and district (county) government shall assess the government departments at the same level and the next level of government work on open government information. Specific assessment work by the municipal and district (county) government information disclosure work department in charge of the same level in conjunction with the supervisory organs, information technology departments, personnel departments and other organizations. The assessment shall be conducted annually. The results of the appraisal shall be used as one of the bases for the performance appraisal of the administrative organs, and shall be publicized. Article 30 (social commentary) city and district (county) government information disclosure work department shall, in conjunction with the same level of supervision organs, information technology department organization of the administrative organs of government information disclosure work of social commentary. The results of social commentary shall be published. Article 31 (supervision and inspection) municipal and district (county) government information disclosure work department and the supervisory organs are responsible for the administrative organs of government information disclosure of the implementation of regular supervision and inspection. Citizens, legal persons or other organizations that the administrative organ does not fulfill the obligation of government information disclosure in accordance with the law, can be reported to a higher administrative organ, supervisory organ or the competent department for the disclosure of government information. Receive the report of the authorities shall investigate and deal with. Article 32 (accountability) administrative organs do not establish and improve the confidentiality of government information release review mechanism, by the supervisory organs, the administrative organs at a higher level shall order rectification; the circumstances are serious, the main person in charge of the administrative organ shall be given sanctions according to law. Administrative organs in one of the following circumstances, by the supervisory organs, the next higher level of administrative organs shall order correction; the circumstances are serious, the administrative organs directly responsible for the competent person and other personnel directly responsible for the administrative organs shall be given sanctions; constitutes a crime, shall be investigated for criminal responsibility: (a) not in accordance with the law to fulfill the obligation to disclose government information; (b) not timely update the content of publicly available government information, public guidelines and directories of government information; (c) not in accordance with the regulations to the government information disclosure; (d) not in accordance with the regulations to the government information disclosure mechanism, the government information disclosure guidelines and catalogs. (iii) not sending government information disclosure guidelines and catalogs or government information belonging to the scope of active disclosure to the state archives and public **** library according to the regulations; (iv) charging fees in violation of the regulations; (v) providing government information through other organizations or individuals in the form of paid services; (vi) disclosing government information that should not be disclosed; (vii) concealing or fabricating facts in the work of disclosure of government information. Article 33 (administrative reconsideration and administrative litigation) Citizens, legal persons or other organizations that the administrative organs in the work of government information disclosure of specific administrative action violates their legitimate rights and interests, can apply for administrative reconsideration or administrative litigation in accordance with the law. Chapter VI Supplementary Provisions Article 34 (Legally Authorized Organizations) These provisions shall apply to the activities of organizations authorized by laws and regulations with the function of managing public **** affairs in disclosing government information. Article 35 (Transfer of Government Information to the Archives) The State Archives receives files transferred by administrative organs in accordance with the law involving government information, the disclosure of which shall be governed by the relevant provisions of archival laws and regulations. Administrative organs transferred to the state archives in accordance with the law involving government information, the government information should be the original belongs to the active disclosure, publicity upon application, or non-disclosure of the situation in writing to inform the state archives. Article 36 (financial security) administrative organs shall incorporate funding for the disclosure of government information into their annual departmental budgets, to ensure the normal conduct of activities relating to the disclosure of government information. Article 37 (Enforcement Date) These provisions shall come into force on May 1, 2008 onwards. In summary, Shanghai Minhang District has been implementing the spirit of creating a service-oriented government, under the guidance of relevant documents, issued regulations on the disclosure of government information. It stipulates the scope of information disclosure in Minhang District, and points out that the ways of information disclosure include active disclosure and disclosure upon application. Minhang District people want to know more about the relevant information, you can apply for information disclosure in writing or through the website.