The Fujian Provincial Government Information Disclosure Practices

Original Language Title: 福建省政府信息公开办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399322.shtml

The Fujian Provincial Government information disclosure practices

    (February 11, 2014, Fujian Provincial people's Government, the 17th Executive meeting February 16, 2014 134th promulgated by the people's Government of Fujian province as of May 1, 2014) Chapter I General provisions

    Working first in order to regulate the disclosure of Government information, and improve the transparency of Government work, promoting administration according to law, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Government information disclosure regulations (hereinafter referred to as the regulations), and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    II Department of the people's Governments at various levels, as well as the people's Government above the county level (hereinafter administrative authorities) open government information, as well as citizens, legal persons and other organizations access to government information activities according to law, these measures shall apply.

The third Government of the people's Governments at various levels shall strengthen the information work of organization and leadership.

Province people's Government Office for the province's Government Information Department is responsible for promoting, directing, coordinating and monitoring the province's Government information services.

Each city, County (district) people's Government Office (the Office) or the people's Governments above the county level shall determine other public work of Government information departments in charge of propulsion, guidance, coordination, supervision and the administration of Government information.

    The township (town) people's Government responsible for the administration of Government information and the Organization of the work of implementation.

Fourth the vertical management of the administrative organ shall in its parent under the leadership of the competent administrative authorities, in the people's Governments above the county level General guidance, coordination with government information public.

    Dual-led administration should be carried out under the leadership of the people's Governments above the county level government information, as well as to accept the guidance of the Executive in charge of business.

Article fifth administrative organ shall, promptly, and accurately disclosing Government information.

    Public authorities and other administrative authorities of Government information, should establish and improve the coordination of Government information and processing mechanisms, ensure the accurate and consistent administration issued by the Government information. Sixth administrative organs shall establish in accordance with the practice of disclosing Government information review system and work mechanism.

    Without a confidential review of the information shall not be disclosed.

    Seventh administrative organ quality and safety of agricultural products in public, major outbreaks of communicable diseases, a major animal epidemics, Government information such as important GIS data, statistical data shall be in accordance with the laws, regulations and relevant regulations.

    Chapter II scope of public, subjects, methods and procedures

Eighth administrative organs open government information, in accordance with the Ordinance Nineth to 13th of provisions.

Following Government information will not be made public:

(A) involve State secrets;

(B) involving commercial secrets;

(C) relating to personal privacy.

    Involving trade secrets or personal privacy, the rights holders agree to open or the Administration finds that the public may have a significant impact on public interest, can be made public.

    Nineth main content requires public awareness of Government information, or participate in, but parts involving State secrets or private, secret or private key should be removed after the contents of the public meets the conditions for decryption, declassified public through legal procedures.

    Tenth administrative organs shall, in accordance with the relevant provisions of the administrative punishment cases information as important content of the disclosure of Government information, timely public offence according to law the main facts, punishment type, basis and results of case information. 11th administrative organ making government information by the Executive is responsible for making government information public. Administration from the citizens, legal persons or other organizations to obtain government information, which the Executive is responsible for the Government information public.

Two or more administrative organs produce or obtain government information, exposed by the Executive is responsible for.

    Executive authorities is liable to open government information to be dissolved, merged or changed, by his duties of Executive is responsible for the administration of Government information public.

    12th administrative organ intends to release information relating to other administrative bodies of Government should communicate and coordinate with other administrative bodies, could be released by other confirmed; communication and coordination can not agree, organ published by the proposed Government information Government information public works departments at the same level coordination.

13th administrative organs of Government information subject to disclosure shall be in the following ways, carrier or place the initiative publicly, and update:

(A) Government website;

(B) Official Gazette or a public offering of print, radio, television and other media;

(C) press conferences;

(D) the General Archives, public libraries (rooms), administrative services centre;

    (E) information bulletin boards, screens and other electronic information accessible to the public timely and accurate access to government information, carrier or place. 14th administrative organs in accordance with the development of regulations and regulatory documents, as well as national economic and social development plan and related policies shall be promptly published in the people's Government at the Gazette.

Official Gazette of the people's Governments at the corresponding level is not editing, it should be made public in other ways.

    The people's Governments at the corresponding level bulletin should be sent the General Archives, public libraries (rooms), and governmental access to information sites available for public inspection.

    15th administrative organs shall, in accordance with the provisions in their respective Government Portal settings "open government information" column for easy public access to government information.

    16th major public events, natural disasters, accidents and other important government information to be public knowledge, administrative bodies should hold a news conference to facilitate public awareness and timely disclose.

17th administrative organs should be government information subject to disclosure form or within 20 working days from the date of the change, to the General Archives, public libraries at the same level (lounge) inspection and other government information sites provide Government information in the corresponding text.

    People's Governments at various levels shall in General Archives, public library (room) sets the Government access to information sites, and are equipped with the necessary facilities, equipment, and to facilitate public access to government information.

18th a citizen, legal person or other organization to the administrative authority for access to government information, shall submit the following application and fill in the format of the application form:

(A) the name or names and contact information of the applicant;

(B) public information describing the contents of the Government;

    (C) the application form of public government information requirements.

19th applicant application form for written disclosure of Government information is difficult, you can apply oral from the receipt of applications for executive staff fill in the application form, and confirmed by the signature or seal of applicant.

    Public citizen reading difficulties or Visual barriers to government information, administrative organ shall provide necessary assistance. 20th administrative organs of Government information disclosure applications received, shall be registered in time to review, and to ask the applicant for the use of Government information. Do not conform to the provisions of article 18th application should inform the applicant in writing at once in the 15th and correction.

Without any justified reason, the time limit shall not be corrected by the applicant, as a waiver application. Applicants for government information more open projects, according to a Government information agency may request the applicant applied for only one open government information project to be adjusted.

    Not be adjusted in accordance with the requirements of the applicant, as a waiver application.

Article 21st open government information, administrative organs according to the written replies to the following cases:

(A) the application does not fall within the scope of Government information, it shall notify the applicant in writing and state the reasons;

(B) belong to the scope of disclosure, and shall inform the applicant for the ways and means of Government information;

(C) falls within the scope will not be made public, and shall inform the applicant in writing and state the reasons;

(D) the law does not belong to the public administrative organs or the information does not exist, it shall notify the applicant; to be able to determine if the disclosure of Government Information Office shall inform the applicant of the Executive's name, contact information;

(E) for open government information should not be exposed in the content, but can distinguish between processed, shall provide the applicant with the information can expose content;

    (F) an applicant without justifiable reasons to the same administrative authorities in respect of the same content repeated open application, will the executive authorities have responded, you can inform the applicant not to repeat. 22nd administrative organs of Government information disclosure applications received, can answer off the cuff should be answered on the spot; no reply on the spot, shall from the date of receipt of the application within 15 working days to respond. Extension of reply the administration required, shall be agreed by the heads of public agencies of Government information, and inform the applicant in writing.

Extend the deadline for reply shall not exceed 15 working days.

    Reapply after correction of the applicant, date of the administrative authorities receive the correct material, recalculates the response deadline.

23rd citizens, legal persons or other organizations to provide the administrative authority for the taxes associated with their own pay, social security, health care, Government information such as registration, should produce valid identification papers or documents. Government information belongs to the Executive production provided for in the preceding paragraph, a citizen, legal person or other organization has provided evidence of administrative organs of Government information relevant to their own records are not accurate, to require an administrative authority to be correct; the executive authorities have no right to correct shall be forwarded to the Executive the right to correct and inform the applicant.

    Citizens, legal persons or other organizations provided insufficient evidence to prove that the executive authorities provided inaccurate government information relevant to their own records, the Executive is not corrected, shall inform the applicant in writing. 24th administrative organs in accordance with application to the citizens, legal persons or other organizations to provide Government information you may charge actual costs of retrieving, copying, and mailing costs, but shall not be charged other fees.

Administrative authorities not by other organizations or individuals to paid services delivery of Government information.
Administration charge cost standards provided for in the preceding paragraph, in accordance with provincial prices, financial sector regulations.

    25th applicants apply for a public government information belongs to the five guarantees supporting in rural areas, subsistence allowances for urban and rural residents object or receiving State pension benefits, allowances, upon his own application, provide proof, disclosure of Government information by the Executive Agency approval, can reduce associated costs.

    Chapter III monitoring and protection

    26th people's Governments above the county level public work of Government information departments should establish a Government information and statistics system, summary statistics information exposes the underlying data submitted to the Government on a regular basis.

27th the administrative organs shall before March 31 in each year, prepare and announced on the Executive public annual report on the work of the previous year, Government information, and submit the disclosure of Government information departments at the same level.

Open Government information annual report should include the following:

(A) overview;

(B) the disclosure of Government information;

(C) in accordance with open government information management;

(D) the disclosure of Government information when the annual fees and relief today over the situation;

(E) for government information disclosure may apply for administrative reconsideration or bring an administrative suit;

(F) the main problems and improvements of public work of Government information;

    (VII) other important matters to be reported.

28th public work of Government information departments and supervisory organs are responsible for the administrative authorities supervise and inspect the implementation of the open government information. Citizens, and corporate or other organization think administrative organ not law perform Government information public obligations of, can to sibling monitored organ, and Government information public work competent sector, or up level administrative organ reported; think sibling monitored organ and Government information public work competent sector of processing violation legal, and regulations provides of, can up level business competent sector, and monitored organ or Government information public work competent sector reported.

    Received reporting authorities shall promptly investigate and deal with. 29th annual examination system of the public work of Government information. Government of the people's Governments above the county level should be at the sector and lower levels of Government Government information disclosure work evaluation.

Evaluation of work-specific information by the people's Governments above the county level government public works departments to commit.

    Disclosure of Government information should be social commentary, social evaluation results shall be made public.

Article 30th administrative organs and their staff, one of the following circumstances, in accordance with administrative privileges and procedures by the supervisory organs, administrative organs at a higher level order within a time limit and to give notice of criticism; the circumstances are serious, the executive authorities are directly responsible for the person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) failing to perform the obligation of disclosure of Government information;

(B) does not update public government information, open government information guide and directory;

(C) not complying with the provisions to the General Archives, public libraries to open government information guide, directory, or to the active publicity range of Government information;

(D) wilfully or through gross negligence providing government information errors, false;

(E) Government information should not be exposed in public;

(F) breach charges;

(VII) through other organizations, individuals with paid or paid services of the delivery of Government information in disguise;

(H) impede the work supervision and inspection of the disclosure of Government information;

(I) the reporting unit or individual to reprisals;

(10) on the disclosure of Government information in the concealment or fabrication and deception;

    (11) other acts in violation of these rules.

    31st Executive financial disclosure of Government information should be included in the Agency's annual budget, ensuring normal progress of Government information disclosure activities.

    The fourth chapter by-laws

    Article 32nd legal and authorized rights to administer public affairs function public government information activities of the Organization, these measures shall apply.

    Article 33rd education, health care, family planning, water supply, gas supply, power supply, environmental protection, public transport and the public interest in public enterprises and institutions, in the provision of public services to the community in the process of production, access to the information of the public, in accordance with the measures implemented. 34th article of the rules take effect on May 1, 2014.