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In Qinghai Province, The Implementation Of The People's Republic Of China Government Information Disclosure Methods 

Original Language Title: 青海省实施《中华人民共和国政府信息公开条例》办法 

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Modalities for the implementation of the Public Regulations of the Government of the People's Republic of China

(Summit No. 110 of 24 December 2012 of the Government of the People of Blue Sea considered the adoption of Decree No. 95 of 9 January 2013, by the People's Government Order No. 95 of 9 January 2013, as of 1 February 2013)

Chapter I General

Article 1, in order to regulate public information and to enhance transparency in the work of the Government, to promote the administration of the law, to guarantee the right of citizens, legal persons and other organizations to be informed, participate in, express and monitor, to develop this approach in the light of the Public Regulations of the Government of the People's Republic of China (hereinafter referred to as the Regulations) and the relevant laws, regulations and regulations.

Article 2 This approach refers to Government information that is produced or obtained by the executive branch in the course of the performance of its duties, which is recorded in a certain form and preserved.

Article 3. Governments at all levels should strengthen the organizational leadership of public information. The Executive Office of the People's Government (rooms) at the district level is the competent authority for the public information work of the Regional Government in this administration, which is responsible for promoting, guiding, coordinating and monitoring public information in the current administrative region.

Article IV. The executive body should establish a public information system for the design of work institutions (hereinafter referred to as public information agencies) and identify dedicated personnel responsible for the day-to-day work of the Government of this administrative body. The specific responsibilities of public information institutions are:

(i) The hosting of public information by the executive branch;

(ii) Maintenance and updating of public information on the initiative of this administrative body;

(iii) To receive and process public requests for information to be submitted to this administrative body;

(iv) Confidential review of proposed public information;

(v) Organization of public guidelines for the preparation of government information by this administrative body, public information directory of the Government and annual reports of public work on government information;

(vi) To perform the public information provided by this administrative body.

Article 5 Government information should be publicly consistent with the principles of fairness, authenticity and timeliness of people and effectively guarantee access to government information by citizens, legal persons and other organizations in accordance with the law.

The Government's information authorities and other executive bodies should establish and improve the Government's information dissemination coordination and treatment mechanisms to ensure the accuracy of government information.

Article 7. The executive body has found that it affects or may affect social stability, disrupt the false or incomplete information of the social management order, which should be clarified within its mandate.

Article 8. The executive organs should strengthen the education and training of public information staff and increase the public awareness and service capacity of the staff; increase public awareness of the Government's public information work and create a good public working environment for government information.

Chapter II Public scope

Article 9. Government information that is in line with one of the following basic requirements shall be made public by the executive branch:

(i) The interests of citizens, legal persons or other organizations;

(ii) There is a need for broad public awareness or participation;

(iii) A reflection of the establishment, functions and procedures of this administrative body;

(iv) Other laws, regulations and national provisions should be made public.

Article 10 shall determine, in accordance with the provisions of Articles 10, 11, 12, and this approach, the specific content of the information of the active public government, in accordance with their respective responsibilities, and make clear public priorities. The executive organs should make the administrative law enforcement subjects, competences, the basis for the administrative discretion, administrative law enforcement documents, names, issuances, administrative licence matters, conditionalities, procedures, deadlines, etc. information that are actively available to society.

Article 11. The executive organs draft local legislation, government regulations, formulate important normative documents and policies, prepare relevant planning, programming, prejudging cases, which involve the interests of citizens, legal persons and other organizations, or have a significant social impact, and shall seek public consultation with society, except where the provisions of the law, regulations are not appropriate.

Article 12. In addition to the public information of the executive branch, citizens, legal persons or other organizations may apply to the executive organs for access to relevant government information, in accordance with their special needs, such as production, life, scientific research.

Article 13. The executive body generally does not assume the obligation to collect information to other administrative organs and citizens, legal persons or other organizations, except as otherwise provided by the law.

Article 14. Government information produced by the executive branch is publicized by the executive body producing the information. Government information obtained by the executive branch from citizens, legal persons or other organizations is open by the executive body that preserves the information. The executive branch has been withdrawn, merged or changed, and the executive body responsible for its duties is responsible for the public information of the Government of the former administrative body. The law, legislation and regulations provide for the public duty of the Government to make public information available from them.

Article 15. The executive body should establish a mechanism for the publication of confidential review of information by the Government. The executive body should conduct a confidential review of the public information to be open, without confidential review of government information. In parallel with the drafting of a public statement, the executive body should review and determine whether the language is open and secret. Confidential review is no longer carried out in public information that is clearly appropriate.

Chapter III

Article 16 provides that the executive branch may make public information by:

(i) Government website;

(ii) Government bulletins or other publications made publicly available by the Government;

(iii) Press conferences;

(iv) Information bulletins, e-information monitors, Government information advisory hotlines;

(v) Media, such as newspapers, radio, television;

(vi) Other ways to facilitate the timely and accurate access of public information. The executive organs are encouraged to expand the public channels of government information to make public information available to the community, including through the use of handicrafts, voice counselling. The Government of the communes (communes) may, as necessary, establish an open window of information at office, community service places or make public information available to society, including through the public columns of villagers, radio, meetings.

Article 17 should be made public by the executive branch on its own initiative. The executive branch has not yet established a Government website and should be open through the current level or the Government website. The executive branch should facilitate access to public information, in accordance with the provision of a column entitled “Publicity of Government information” and the corresponding secondary column.

Regulations, important normative documents and relevant policies, planning, planning, etc. developed by the Government of Article 18 should be made available in a timely manner in the full text of the Government's bulletin. Government communiqués should be issued free of charge. The public can be accessed free of charge through national authorities, national archives, public libraries, administrative services centres.

Article 19 should establish a sound press conference system, designate a press spokesperson to issue critical natural disasters, accidents, public health incidents, social security events and other important government information that needs to be promptly informed by the public.

Article 20 Governments of more people at the district level should establish government information access sites at this level of national archives, public libraries (rooms), administrative services centres with corresponding facilities, equipment, and facilitate access to government information by the public. The executive branch should provide proactive public information to the national archives, public libraries (rooms), administrative services centres, etc.

Article 21 should be made public and updated by the executive body. It should be made public within 20 working days of the date of the Government's information formation or change. The executive branch shall be made public information withdrawn or repealed from the date of withdrawal or cancellation. The law, legislation and regulations provide for an open period of time for information from the Government.

In accordance with article 12 of this approach, citizens, legal persons or other organizations should complete the application form for the acquisition of information by the executive branch. The applicant has difficulty in completing the Government's public request form, which may be submitted orally, by a staff member of the administrative organ receiving the application to complete the application form and confirmed by the applicant's signature or chapter. The applicant describes the content of the Government's information and its characteristics as difficult, or there are obstacles in the areas of reading, audio-visualness, and the administrative organs should provide them with the necessary guidance and assistance.

Article 23 makes public requests for information from citizens, legal persons or other organizations, and the executive branch responds to the following:

(i) It is open to inform the applicant of ways and means of obtaining the information of the Government; it should be made available at the same time in response.

(ii) It is not open and should be informed of the applicant's reasons.

(iii) Without Government information, the applicant should be informed in writing and the information thereon.

(iv) Government information that is not open or requested by this administrative body should be communicated to the applicant and should be informed of the name, communication and communication of the applicant to the public body that can determine the information of the Government.

(v) Concluding what should not be made public, but it should be possible to distinguish between the content of the information available to the applicant and the non-open parts should be provided in writing.

(vi) The same applicant submits an open application to the same administrative body for repetitiveness of the same content, which has been responded by the executive branch and should be informed that the applicant is no longer responding.

Article 24 receives public requests for information from the executive branch, which can be answered at the time. The responses should not be received within 15 working days of the date of receipt of the request; the time period for the reply should be extended, with the consent of the Government's public working agency responsible for information and to inform the applicant that the time period for the extension of the response should not exceed 15 working days.

Article 25 In the opinion of the executive branch, the request for public information relates to commercial secrets, personal privacy, which may be detrimental to the legitimate rights and interests of third parties in public, shall be consulted in writing, and third parties do not agree to the public and shall not be public. However, the executive body considers that there may be a significant impact on public interest and should be made public and informed third parties in writing of public content and reasons.

Article 26 The executive branch shall, in accordance with the request for public information, be provided in the form requested by the applicant; it cannot be provided in the form requested by the applicant, through the arrangement of the applicant's access to relevant information, the provision of reproduction or other appropriate forms.

Article 27 requires citizens, legal persons or other organizations to apply to the executive organs for the payment of government information relating to their own tax fees, social security, health, etc., to produce effective identification documents or documentation. 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, and the administrative authorities should not be corrected and should inform the applicant in writing.

In accordance with article 28, the executive branch may, at the request of the executive body, collect costs such as the actual retrieval, reproduction, mailing, but not other costs. The cost charges are charged by the provincial price authorities in accordance with the relevant national provisions. The applicant is the minimum living guarantee target for rural and urban residents, the rural five-career and the various types of excellence, or has economic difficulties, which, upon request, the Government's public work agency responsible for information, may be exempted. The executive branch shall not provide government information through other organizations and individuals in a reimbursable manner.

Chapter IV Oversight and safeguards

Article 29 should be prepared by the executive body, in accordance with regulation 19, to prepare, publish public guidance and catalogues of government information in the organ and to make improvements in a timely manner. The Government's public guidance and directory should be scientifically sound and accessible. The Government's public information authorities should strengthen the guidance and oversight of public information guides and catalogue preparation and publication.

Article 31 shall publish, by 31 March, an annual report on the public work of this organ, through the Government portal, the website of the Authority or the media, and report to the public working authorities of the Government information at this level. The contents of the Government's annual report on public work are carried out in accordance with article 31 of the Regulations.

The Government of the people at the district level should conduct an annual examination of public information from the Government and the Government at the lower level. The conduct of the study is carried out by the authorities responsible for the public work of the people at the district level. The results of the study are one of the basis for the performance appraisal of the executive branch.

Article 32 Government information authorities should organize or entrust statistics to the relevant departments and agencies with regular social review of public information in the current administrative region, which should be made public.

Article 33 The public information authorities and the inspectorate shall oversee the public work of the executive branch in accordance with its duties. Citizens, legal persons or other organizations believe that the executive body is not in compliance with the public information obligation under the law and may report to the supervisory body of the Government, the information public working authority, or the superior administrative body. The agencies that have received reports should be promptly investigated.

Article 34, paragraph 1, of which the executive branch and its staff have one of the following cases, is being converted and criticized by the Inspector-General, the superior administrative organ in accordance with the management authority period; in serious circumstances, the competent and other direct responsibilities directly responsible for the administration are treated in accordance with the law:

(i) No public obligation to fulfil Government information;

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

(iii) Not to communicate to the National Archives, the Public Library, the Administrative Services Centre to the Government public information public guidance, directory or government information that is an active public domain;

(iv) In violation of the provision of public information about the Government;

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

(vi) Provide government information through other organizations and individuals in a manner that is reimbursable;

(vii) obstruct the public scrutiny of public information;

(viii) To combat reprisals against reporting units or individuals;

(ix) To conceal or fabricate the facts in public information and to slacken leave;

(x) Violations of regulations and other acts under this approach.

Chapter V

Article XV of the law, legislation authorizing the activities of the public government information of organizations that are responsible for the management of the functions of public affairs, which is applicable.

Article 36 Education, health, family planning, water supply, electricity, heating, environmental protection, public transportation, telecommunications, postal, financial, social security, agricultural services, etc., are closely linked to the people's public interest, and is implemented in the context of the provision of public services.

Article 37 should include government information in the annual budget of the Authority to ensure the normal conduct of public information.

Article 338 is implemented effective 1 February 2013.