Scope of Disclosure
Article 9 Administrative organs shall take the initiative to disclose government information that meets one of the following basic requirements:
(1) it involves the vital interests of citizens, legal persons or other organizations;
(2) it requires wide public knowledge or participation;
(3) it reflects the administrative organs' institutional setups, functions, office procedures and so on;
(4) it is in accordance with other laws and regulations, Procedures, etc.;
(d) other in accordance with laws, regulations and relevant state regulations should be actively open.
Article 10: The people's governments and their departments at or above the county level shall, in accordance with the provisions of Article 9 of these Regulations, determine the specific contents of government information to be made public on their own initiative within their respective scope of responsibilities, and focus on the disclosure of the following government information:
(1) administrative laws and regulations, rules and normative documents;
(2) national economic and social development planning, special planning, regional planning and related policies;
(3) reflecting the establishment of institutions, functions, and procedures of the administrative organ; and and related policies;
(3) statistical information on national economic and social development;
(4) reports on financial budgets and final accounts;
(5) items, bases, and standards of administrative fees;
(6) catalogs, standards, and implementation of centralized government procurement projects;
(7) matters, bases, conditions, quantities, procedures, and deadlines of administrative licenses, as well as applications for them;
(7) matters, bases, conditions, quantities, procedures, and deadlines of administrative licenses , number, procedure, duration, and the catalog of all materials to be submitted for application of administrative licenses and their handling;
(viii) approval and implementation of major construction projects;
(ix) policies and measures for poverty alleviation, education, medical care, social security, and promotion of employment, as well as their implementation;
(x) contingency plans for sudden public **** events, early warning information and response;
(xi) supervision and inspection of environmental protection, public **** health, production safety, food and drug, product quality.
Article 11 Municipal people's governments, county-level people's governments and their departments focusing on the disclosure of government information shall also include the following:
(1) major matters of urban and rural construction and management;
(2) the construction of public welfare undertakings;
(3) expropriation or requisitioning of land, demolition of houses, and their compensation, subsidies and fees issued, Utilization;
(4) rescue and relief, preferential treatment, relief, social donations and other funds management, use and distribution.
Article 12 The people's governments of townships (townships) shall, in accordance with the provisions of Article 9 of these Regulations, determine the specific contents of government information to be made public on their own initiative within their scope of responsibility, and focus on making public the following government information:
(1) implementation of the State's policies on rural work;
(2) financial revenues and expenditures, and the management and utilization of various types of special funds;
(3) the overall land use plan of the township (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 and use of fees;
(5) the township (township) of the debt, fund-raising and fund-raising situation;
(6) rescue and relief, preferential treatment, relief, and social donations, such as the issuance of money and other materials
(vii) the contracting, leasing and auctioning of township collective enterprises and other township economic entities;
(viii) the implementation of family planning policies.
Article 13 In addition to the government information that administrative organs take the initiative to disclose as stipulated in Articles 9, 10, 11 and 12 of these Regulations, citizens, legal persons or other organizations may, in accordance with their own special needs in production, life, scientific research and so on, apply to departments of the State Council, people's governments at various levels of the local people's government, and to local people's government departments at or above the county level to obtain relevant government information.
Article 14 The administrative organ shall establish and improve the mechanism for reviewing the confidentiality of government information release, and make clear the procedures and responsibilities for review.
Administrative organs shall review government information to be disclosed in accordance with the Law of the People's Republic of China on the Preservation of State Secrets, as well as other laws, regulations and relevant state provisions, before disclosing such information.
When an administrative organ is unable to determine whether government information can be made public, it shall, in accordance with the laws, regulations and relevant state regulations, report to the relevant competent department or confidentiality department at the same level to determine.
Administrative organs shall not disclose government information involving state secrets, commercial secrets, personal privacy. However, with the consent of the right holder to disclose or the administrative organ believes that the non-disclosure may have a significant impact on the interests of the public **** government information involving commercial secrets, personal privacy, may be disclosed.
[Edited] Chapter III - Means and Procedures of Disclosure
Article 15 An administrative organ shall disclose government information that it has taken the initiative to disclose by means that are easily accessible to the public, such as through a government bulletin, a government website, a press conference, and in the press, on the radio or on television.
Article 16 The people's governments at all levels shall set up government information access places in state archives and public **** libraries with corresponding facilities and equipment to facilitate citizens, legal persons or other organizations to obtain government information.
Administrative organs may set up public **** inspection room, information request points, information bulletin boards, electronic information screens and other places and facilities as needed to disclose government information.
Administrative organs shall provide the state archives and public **** libraries with government information that is open to the public in a timely manner.
Article 17 Government information produced by an administrative organ shall be made public by the administrative organ that produces the government information; government information obtained by an administrative organ from a citizen, legal person or other organization shall be made public by the administrative organ that keeps the government information. Laws and regulations on the authority of government information disclosure of other provisions, from its provisions.
Article 18 belongs to the scope of active disclosure of government information shall be made public within 20 working days from the date of formation or change of the government information. Laws and regulations on the public disclosure of government information within a period of time otherwise provided for, from its provisions.
Article 19 The administrative organ shall compile and publish a guide to the disclosure of government information and a catalog of government information, and update them in a timely manner.
Government information disclosure guide, shall include the classification of government information, organization system, access to government information, the name of the government information disclosure work organization, office address, office hours, contact telephone number, fax number, e-mail address and so on.
Government information disclosure catalog, should include the index of government information, name, content summary, date of generation and so on.
Article 20 Citizens, legal persons or other organizations in accordance with the provisions of Article 13 of these regulations to the administrative organ to apply for access to government information, shall be in writing (including data message form); written form of the difficulties, the applicant can be put forward orally by the administrative organ accepting the application to fill out the application for the disclosure of government information on behalf of the applicant.
The application for disclosure of government information shall include the following:
(1) the name of the applicant, name, 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.
Article 21 An administrative organ shall make a reply to an application for disclosure of government information in accordance with the following circumstances:
(1) If it is within the scope of public disclosure, the applicant shall be informed of the ways and means of obtaining the government information;
(2) If it is within the scope of non-disclosure, the applicant shall be informed of it and the reasons thereof shall be given;
(3) If it does not fall within the scope of public disclosure of the administrative organ or if the government information does not exist, the applicant shall be informed of it. Or the government information does not exist, the applicant shall be informed of the government information can be determined, the applicant shall be informed of the name of the administrative organ, contact information;
(d) the contents of the application is unclear, the applicant shall be informed to make changes, additions.
Article 22 If the government information requested for disclosure contains contents that should not be disclosed, but can be differentiated, the administrative organ shall provide the applicant with information that can be disclosed.
Article 23 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; the third party does not agree with the disclosure of the public, shall not be disclosed. However, the administrative organ believes that the non-disclosure may have a significant impact on the interests of the public ****, shall be disclosed, and will decide to disclose the content of government information and the reasons for the decision to notify the third party in writing.
Article 24 An administrative organ that receives an application for disclosure of government information and is able to reply on the spot shall reply on the spot.
Administrative organs can not reply on the spot, shall reply within 15 working days from the date of receipt of the application; if the need to extend the time limit for replying, shall be agreed by the head of the organization responsible for the disclosure of government information and inform the applicant of the extension of the period of time for replying to the maximum shall not exceed 15 working days.
Where the government information to be disclosed involves the rights and interests of a third party, the time required for the administrative organ to seek the opinion of the third party shall not be counted as part of the time limit set forth in the second paragraph of this Article.
Article 25 Citizens, legal persons or other organizations applying to an administrative organ for the provision of government information related to their own tax payment, social security, medical care and health care shall present valid identification documents or supporting documents.
Citizens, legal persons or other organizations have the right to request the administrative organ to correct any inaccurate record of government information relating to them if they have evidence that the administrative organ has provided such information. The administrative organ does not have the right to correct, shall be forwarded to the administrative organ that has the right to correct, and inform the applicant.
Article 26 An administrative organ that discloses government information upon application shall provide it in the form requested by the applicant; if it cannot provide it in the form requested by the applicant, it may do so by arranging for the applicant to inspect the relevant materials, providing copies or in other appropriate forms.
Article 27 An administrative organ shall not charge fees for providing government information upon application, except for the costs of searching, copying and mailing. An administrative organ shall not provide government information through other organizations or individuals in the form of paid services.
The standards for administrative organs to charge for the costs of retrieval, reproduction and mailing shall be formulated by the competent price department of the State Council in conjunction with the financial department of the State Council.
Article 28 If a citizen who applies for the disclosure of government information has financial difficulties, the relevant fees may be reduced or waived upon the application of the citizen and the examination and approval of the head of the organization responsible for the disclosure of government information.
Citizens applying for the disclosure of government information reading difficulties or audio-visual impairment, the administrative organ shall provide the necessary assistance.