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The Fujian Provincial Government Information Disclosure Practices

Original Language Title: 福建省政府信息公开办法

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The Government's public approach to information

(Adopted at the 17th ordinary meeting of the People's Government of Foford on 11 February 2014, No. 134 of 16 February 2005 by the People's Government Order No. 134 of 16 February 2014)

Chapter I General

Article 1 promotes transparency in the work of the Government and guarantees the legitimate rights and interests of citizens, legal persons and other organizations in accordance with the Public Regulations of the Government of the People's Republic of China (hereinafter referred to as the Regulations) and other relevant laws, regulations and regulations, in the light of the actual practice of the province.

Article 2

Article 3. Governments at all levels should strengthen the organizational leadership of public information.

The Office of the People's Government is responsible for the promotion, guidance, coordination and supervision of public information throughout the province.

The Government's Office of the People's Government of the municipalities, districts (zones) or the other government information identified by the Government of the more than the people at the district level is responsible for the promotion, guidance, coordination and supervision of public information in the current administrative region.

The People's Government is responsible for the advancement and organization of public information in the current administrative region.

Article IV shall be governed by the executive organs of vertical management, under the leadership of the executive branch of their superior operations, to work in public information under the harmonized guidance and coordination of the Government of the people at the district level.

The dual-led executive body should conduct public information, under the leadership of the people's government at the district level, with guidance from the executive branch of the top-level operation.

Article 5. The executive body shall make public information in accordance with the law, in a timely and accurate manner.

The public information authorities and other executive bodies should establish and improve the Government's information dissemination coordination and treatment mechanisms to ensure that the Government's information issued by administrative bodies is accurate.

Article 6. The executive organs should establish public confidential review systems and work mechanisms that are in line with actual government information in the work of the organ. Government information that is not subject to confidentiality review shall not be public.

Article 7. The public information of the executive organs on the quality of agricultural products, major epidemics, major animal epidemics, important geographic information data, statistics should be implemented in accordance with the relevant provisions of the law, legislation and regulations.

Chapter II

Article 8

The following Government information is not publicly available:

(i) In relation to State secrets;

(ii) Business secrets;

(iii) Individual privacy.

In relation to commercial secrets or personal privacy, the right may be made public by the consent of the owner of the public or administrative body that it may have a significant impact on the public interest.

The main elements of Government information under article 9 require social public awareness or participation, but some of the content involved State secrets or inadmissibility, should be removed from the public after they were or would not be open; and in accordance with the conditions of default, public after the legal process was closed.

Article 10. The executive body shall make the information on administrative penalties open as an important element of the public information, in accordance with the relevant provisions, and in a timely manner public information on cases such as the principal facts, the types of sanctions, the basis and outcome of such violations.

Article 11. Governmental information produced by the executive branch is open by the executive body producing the information of the Government. Government information obtained by the executive branch from citizens, legal persons or other organizations is open by the executive body that preserves the information of the Government. Government information produced or obtained by more than two executive organs is publicly available by the executive body.

The administrative organs with public information obligations have been withdrawn, merged or changed, and the administrative body responsible for the public information of the former executive body.

Article 12 Government information to be issued by the executive branch concerned other administrative bodies, which should be coordinated with other executive bodies, may be issued after confirmation by the counterpart; the communication coordination cannot be agreed upon, and the executive branch that is to issue government information is requested to coordinate with the public information authorities.

Article 13 provides that information from the executive organs on government that is an active public scope should be made available through the following means, delivery or location, and updated in a timely manner:

(i) Government website;

(ii) Government bulletins or publicly issued media, radio, television, etc.;

(iii) Press conferences;

(iv) Integrated Archives, Public Library (rooms), Administrative Services Centre;

(v) Information bulletins, e-information monitors, etc., facilitate the timely and accurate access of the public to government information, loads or places.

Article 14. The Government of the people at this level has not edited the Government's bulletin and should be made public through other means.

The Government's bulletin at this level should be made available to the public in society free of charge to the Government's information access sites, such as the Integrated Archives, the Public Library (rooms).

Article 15. The executive branch should facilitate access to government information by the public in society, in accordance with the provision of a column entitled “Public information on the Government” in their respective government portals.

Article 16: Significant public events, major natural disasters, accidents and other important government information that needs to be known to the public, and administrative bodies should be made public in a timely manner, including through the convening of press conferences.

Article 17 shall provide, within 20 working days of the date on which the Government's information is generated or changed, the corresponding text of the Government's information available to the same-level integrated archives, public libraries (rooms).

Governments at all levels should put in place government information access sites in integrated archives, public libraries (rooms) and be equipped with appropriate facilities, equipment to facilitate access to government information by the public.

Article 18

(i) The applicant's name or name, contact;

(ii) A description of the content of the request for public information;

(iii) Request for the form of public information.

Article 19 The applicant wrote that the Government had difficulty in making the publicly available application form, which could be submitted orally, by the staff of the administrative organs who had received the application to complete the application form and confirmed by the applicant's signature or chapter.

Citizens who apply for public information have difficulties or audio-visual barriers, and administrative authorities should provide the necessary assistance.

Article 20 receives public requests for information from the executive branch, which should be registered in a timely manner and may ask the applicant for the purpose of obtaining information from the Government. An application not in accordance with article 18 of this approach shall be communicated in writing to the applicant within 15 days. The applicant shall not be considered to have waived the application without justification.

The applicant's application for public information projects may require that the applicant adjust the manner in which the public request for information in a Government is made only to a public information project. The applicant is not deemed to have waived the application as required.

Article 21 provides for public information on the application, in accordance with the following circumstances, the executive branch has written replies:

(i) The content of the application is not within the scope of the Government's information and should be communicated to the applicant and justified;

(ii) The means and means of obtaining information from the Government should be informed by the applicant;

(iii) That is not open and should be informed of the applicant's reasons;

(iv) The applicant shall be informed, by law, that the information is not publicly available by this administrative body or that the Government does not exist, and that the name, communication shall be communicated to the applicant for the purpose of ascertaining the information of the Government;

(v) In applying for public government information that should not contain public content, but it would be possible to distinguish between treatment and should provide the applicant with publicly available information content;

(vi) The same applicant, without justification, has repeatedly made an open application to the same administrative body for the same content, which has been responded by the executive branch and may be informed that the applicant is no longer repetitive.

Article 22 provides public requests for information from the executive branch, which should be answered at the time when they are available, and responses should be received within 15 working days from the date of receipt of the request. The executive branch needs to extend the period of response, with the consent of the head of the public information public working body and to inform the applicant in writing. The duration of the extension response shall not exceed 15 working days.

The applicant was re-approved after the submission, and the administrative body received a supplementary material and recalculated the deadline for the response.

Article 23. Civil, legal or other organizations shall submit valid identification documents or documentation to the executive organ for the purpose of providing information on the payment, social security, health, registration, etc. of their own relevant taxes.

The Government information provided in the previous paragraph is produced by the executive branch, and citizens, legal persons or other organizations have evidence that the information provided by the executive body is not accurate and that it is entitled to require that administrative body to be corrected; the administrative body shall not be subject to correction and shall be transferred to the administrative body competent to be subject to correction. The evidence provided by citizens, legal persons or other organizations is not sufficient to justify the inaccurate record of government information provided by the executive branch with respect to themselves, that the administrative organs are not subject to correction and that the applicant should be informed in writing.

Article 24 provides information to citizens, legal persons or other organizations on the basis of their application, and may be charged with the actual costs of retrieval, reproduction, mail, etc., without charge of other costs. The executive branch shall not provide government information through other organizations and individuals in a reimbursable manner.

The executive branch collects the criteria for the costs set out in the preceding paragraph and is implemented in accordance with the requirements of the Government of the province and the financial sector.

Article 25 applicants who apply for public government information are the beneficiaries of the minimum living security for rural and urban residents or the benefit of the national pension benefits, which, upon request, provide the relevant evidence that the Government of the executive body, with the consent of the public working body, may grant relief.

Chapter III Oversight and safeguards

Article 26 The public information authorities of the Government at the district level should establish a public statistical system for Government information, which regularly summarizes the publicly-based data on government information.

Article 27 shall prepare, publish, by 31 March each year, an annual report on the public work of the executive branch in the public information of the previous year and report to the same-ranking government information authorities.

The Government's annual report on public information should include the following:

(i) An overview;

(ii) Active public information;

(iii) To apply for public information processing;

(iv) Government information on the public annual and calendar yearly accumulated charges and relief;

(v) Public application for administrative review and administrative proceedings due to Government information;

(vi) The main problems of public information and improvements;

(vii) Other important matters requiring reporting.

Article 28 of the Government is responsible for monitoring the implementation of public information by the executive authorities.

Citizens, legal persons or other organizations consider that the executive body does not comply with public information obligations under the law, may report to the same supervisory body, the public information authorities of the Government, or to the executive branch at the highest level, and that the treatment of the same supervisory bodies and government information authorities in violation of the provisions of the law, legislation may be reported to the competent operational authorities at the highest level, the inspectorate or the public information authorities. The agencies that have received reports should be promptly investigated.

Article 29 of the Government provides for an annual appraisal system. More than the people at the district level should conduct an examination of public information at the same level of government and at the lower level. The conduct of specific studies is carried out by the authorities responsible for the public work of the Government of the people at the district level.

Government information should be made public, and social review findings should be made public.

Article 31: The executive branch and its staff are one of the following cases, which are being converted and criticized in accordance with the authority and procedures of management, by the inspection body, by the executive branch at the superior level and by the executive branch; in the case of serious circumstances, by the law of the competent and other direct responsibilities responsible for the executive branch; and constitute an offence, criminal responsibility is held by law:

(i) Failure to comply with public information obligations under the law;

(ii) No timely updating of public information content, public information guidance and directory;

(iii) Not to communicate to the Integrated Archives, the Public Library to the Government's public information guides, catalogues or government information that is active;

(iv) The intentional or significant failure to provide wrong and false government information;

(v) Publicly not public information;

(vi) A breach of the provision for payment of fees;

(vii) Provision of government information through other organizations, individuals who are remunerated or converted to service;

(viii) obstructing public scrutiny of information;

(ix) Counter retaliation against the reporting unit or individuals;

(x) To conceal or fabricate facts in the public information work of the Government and to slacken leave;

(xi) Other acts under this approach.

Article 31 should incorporate public information provisions into the annual sectoral budget of the Authority and guarantee the normal conduct of public information activities.

Chapter IV

Article 32 Activities of the public government information mandated by the law, legislation and regulations governing the functioning of public affairs apply.

Article 33 Public utilities, such as education, health, family planning, water supply, heating, electricity, environmental protection, public transportation, etc., which are closely linked to the public interest of the community, are to be implemented in the context of this approach in the delivery of the public service.

Article 34 of this approach is implemented effective 1 May 2014.