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 

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385536.shtml

In Qinghai province, the implementation of the People's Republic of China Government information disclosure Bill approaches (December 24, 2012, Qinghai province, the people's Government of the 110th general meeting January 9, 2013 95th release of Qinghai province as of February 1, 2013) Chapter I General provisions

    Working first in order to regulate the disclosure of Government information, enhance the transparency of Government work, promoting administration according to law, protect citizens, legal persons and other organizations ' right to participate, to express and to supervise, under the People's Republic of China Government information disclosure regulations (hereinafter regulations) and related laws and regulations, combined with the facts of the province, these measures are formulated. Article people's Governments (including government agencies) and the people's Governments above the county level departments (including government departments, government agencies, government departments directly under management agencies, government agencies, and with the function of the management of Public Affairs Organization, hereinafter referred to as administrative bodies) public information activities, these measures shall apply.

    Government information in these measures refers to administrative agencies in carrying out their duties in the process of production or acquisition of, records, maintained in some form of information. The third Government of the people's Governments at various levels shall strengthen the information work of organization and leadership.

    Office of the people's Governments above the county level (room) is the administrative head of Government information departments responsible for propulsion, guidance, coordination, supervision and the administration of Government information publicity work. Fourth administrative organs shall establish and improve government information publicity system specified institutions (hereinafter referred to as government information public bodies) and the full-time staff in charge of the Executive Government information open daily.

    Government information agency is responsible are:

    (A) the contractor Executive proactively disclosing Government information matters;

    (B) maintenance and updating of the administrative authority for disclosure of Government information;

    (C) receiving and processing requests for government information from the administrative organ;

    (D) the confidentiality of Government information to be available to the public review;

    (E) Organization of Government information publicity of this Executive Guide, open government information directory and a public annual report on the work of Government information;

    (F) perform other duties of the administrative organs of Government information publicity.

    Fifth disclosure of Government information should be just and fair, accurate, timely and convenient principle to protect the citizens, legal persons and other organizations access to government information.

    Sixth Government information public authorities and other administrative authorities should establish and improve the coordination of Government information and processing mechanisms to ensure accuracy and consistency of Government information.

    Seventh administrative organs found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, shall be accurate within its sphere of responsibility the Government will clarify the information.

    Eighth executive staff of the disclosure of Government information should be strengthened in education and training, development of public awareness of Government information and services; strengthening the disclosure of Government information dissemination of the work, creating good public work of Government information environment.

    Chapter II scope of public

    Nineth Executive to meet one of the following basic requirements of disclosure of Government information should be active:

    (A) involve vital interests of citizens, legal persons or other organizations;

    (B) the need to widely known or public participation;

    (C) reflect the Executive Organization, functions, procedures, and so on;

    (D) in accordance with the laws, regulations and other relevant regulations of the State shall take the initiative to open. Tenth administrative organs shall, in accordance with section tenth, 11th, 12th, and the provisions of these measures, consistent with their respective mandates determine the specific contents of the disclosure of Government information, and public key.

    Administrative law enforcement body, the administrative organ shall be permissions, based on the norms of administrative discretion, administrative documents, name, issuing authority, administrative licensing items, the basis, conditions, procedures, deadlines and other information, to the public.

    11th administrative organs to draft local laws, government regulations, drafting important documents and relevant policies, to prepare plans, programmes, plans, involve vital interests of citizens, legal persons and other organizations, or have a significant social impact, should be open to the public for comments, but unless the law and regulations are not suitable.

    12th in addition to administrative authority for disclosure of Government information, the citizens, legal persons or other organizations may, according to its production, life, scientific research and other special needs, appeal to the administrative authority for access to government information.

    13th administrative organ for applicants not of general summary, processed or reworked Government information, as well as to other administrative bodies and citizens, legal persons or other organizations the obligation to collect information, except as otherwise provided by laws and regulations. 14th administrative organ making government information by the Executive is responsible for making the information public. Administration from the citizens, legal persons or other organizations to obtain government information, save the information by the Executive is responsible for the public. Administrative body is dissolved, merged or changed, assume the Executive is responsible for the administration of their duties Government information public.

    Laws and regulations on the disclosure of Government information otherwise provided by the rights and responsibilities, from its provisions. 15th administrative organs shall establish and improve government information security review mechanism. Administrative organ shall keep confidential government information to be available to the public for review without a confidential review of the information shall not be disclosed. Executive authorities in drafting the documents at the same time, should review and determine whether the documents should be open and secret level.

    Clearly should be available to the public of Government information, disclosed no confidential review.

    Chapter III public way and procedure

    16th administrative organs through the disclosure of Government information in the following ways:

    (A) Government website;

    (B) publications of the Official Gazette or other Government-issued; (c) press conferences; (D) information bulletin boards, electronic information screens, Government information hotline, (e) press, radio, television and other media, (vi) other ways that are accessible to the public timely and accurate access to government information. Encouraging the Administration to broaden the Government information disclosure channels, using cell phone text messages, voice consultation and other government information to the public.

    The township (town) people's Government according to the needs, Office space, community service providing information to be open Windows or through a bar of village affairs, broadcasting, meeting, Government information to the public. 17th administrative organs in the disclosure of Government information should be disclosed on the Web site of the Government of the executive authorities. The Administration has not yet established the Government's Web site, by level or by the Government Web site.

    Administrative organs shall, in accordance with the provisions in the respective Government Portal settings "open government information" column and the corresponding secondary fields, public information. 18th the Government's regulations, important normative documents and related policies, planning, programmes and so on, should be timely and full text published in the Government Gazette. Official Gazette should be free.

    Public by State organs, State archives, public libraries, administrative inspection service centers and other places.

    19th administrative organs shall establish a sound system of press conferences, spokesman for the specified according to law to the public in a timely manner major natural disasters, accidents, public health, social security, and other important government information public quickly known. 20th people's Governments above the county level shall be in the national archives, public libraries (rooms), administrative service center set up government information check out places, equipped with appropriate facilities and equipment, to facilitate public access to government information.

    The administrative organ shall promptly to the national archives, public libraries (rooms), administrative service centers provide the disclosure of Government information Government information access site. Article 21st administrative organ shall open and update information in a timely manner. Belong to the scope of disclosure, since the Government information should be formed or made public within 20 working days from the date of change. The administrative authority for the disclosure of Government information is revoked or annulled, shall from the date of cancellation or revocation promptly made public.

    Laws and regulations on Government information disclosure provisions of term from its provisions. 22nd the citizens, legal persons or other organizations in accordance with this article 12th to the administrative authority for access to government information, should fill in the application form printed by the Executive. Applicants fill out the application form for disclosure of Government information is difficult, may apply orally proposed by the accepting applications for executive staff fill in the application form, and confirmed by the signature or seal of applicant.

    There is difficulty in describing the contents and characteristics of Government information of the applicant, or reading, audio-visual and other obstacles, the executive authorities should provide the necessary guidance and help.

    Article 23rd citizens, legal persons or other organizations to submit applications for disclosure of Government information, the Executive responded separately according to the following conditions:

    (A) belongs to the open range, it shall inform the applicant for the information of the Government on ways and means; in response, to provide specific content, should be provided.

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

    (C) does not fall within the scope of Government information, and shall inform the applicant in writing and explain the situation.

    (D) do not belong to the administrative organs open or apply for government information does not exist, it shall notify the applicant, to be certain that the information available to the public authorities shall inform the applicant of the Executive's name, contact information.

    (E) should not open content, but can distinguish between processed, shall provide the applicant with the information can expose contents withheld part, shall state the reasons in writing.
(F) an applicant to the same administrative authorities in respect of the same content repeated open application, will the executive authorities have responded, should inform the applicant no longer duplicate responses.

    24th administrative organs of Government information disclosure applications received, can answer off the cuff should be answered on the spot.

    Can't answer off the cuff, shall from the date of receipt of the application within 15 business days with a response; required extension of reply shall be agreed by the head of Government information agency, and inform the applicant, extend the deadline for reply shall not exceed 15 working days. 25th Executive sees to the application of public government information involved trade secrets, personal privacy, public could undermine the legal rights of a third party, it shall seek the opinion of third parties third party does not agree to open, shall not be disclosed.

    However, the Administration finds that the public may have a significant impact on public interest, should be made public, and will determine the content and reasons to notify the third party.

    26th the administrative organ in accordance with open government information, shall be provided according to the applicant forms; in accordance with provided in the form requested by the applicant, can be arranged by the applicant access to relevant information, providing copies or other appropriate form. 27th citizen, legal person or other organization that provides its own application to the Executive related taxes paid, social security, medical and health information, 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 providing inaccurate government information relevant to their own records, the Executive is not corrected, shall inform the applicant in writing the reason. 28th administrative organs in accordance with applications outside the scope of the disclosure of Government information, may charge actual costs of retrieving, copying, and mailing costs, but shall not be charged other fees. Charging costs in respect of standards, by the provincial Department in charge of price in conjunction with the provincial Finance Department in accordance with the relevant provisions of the State. Applicants belonging to the subsistence allowances for urban and rural residents, rural five-guarantee and all types of allowances or financial difficulties, upon his own application, open Government Information Agency Director approval, can reduce associated costs.

    Administrative authorities not by other organizations or individuals to paid services delivery of Government information.

    Fourth chapter monitoring and protection 29th, an administrative authority shall, in accordance with the provisions of section 19th, preparation, publication of the Agency's open government information guide and directory, and repaired in a timely manner will be perfect. Open Government information guide and directory should be scientific and reasonable, and is easy to access.

    Disclosure of Government information departments should strengthen the disclosure of Government information guide and Directory Guide to the design, publication and supervision. Article 30th the executive organ shall before March 31 in each year, through the Government Gateway website, the official website or news media published the public annual report on the work of the previous year, Government information, and submit the information about the level of government public works departments.

    Information content of the annual report on the work of the Government in accordance with the provisions of section 32nd. 31st people's Governments above the county level should be on the Government sector and lower levels of government public works annual assessment of Government information. Assessment by the public authorities of people's Governments above the county level information organization.

    Assessment results as one of the basis for performance appraisal of the Executive.

    Article 32nd Government information public works departments should organize or Commission statistical and other relevant departments and agencies of the administration of Government information available to the public on a regular basis work of social commentary, review the results should be made public. Article 33rd public work of Government information departments and supervisory organs shall be in accordance with the duty of administrative authorities supervise and inspect the work of Government information publicity. Citizens, legal persons or other organizations believe that the Executive does not perform its obligation of disclosure of Government information, can be exposed to this level of government supervisory organs, information Department, or report to the higher administrative authority.

    Received reporting authorities shall promptly investigate and deal with.

    Article 34th administrative organs and their staff have one of the following by the supervisory organs rectification, higher administrative authorities in accordance with administrative privileges 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:

    (A) does not 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 national archives, public libraries, administrative service center to open government information guide, directory, or to the active publicity range of Government information;

    (D) violation of rules to disclose secret information;

    (E) charge fees in violation of regulations;

    (Vi) through other organizations, individuals paid service provision of Government information;

    (G) obstacles to information disclosure work supervision and inspection by the Government;

    (H) the reporting unit or individual to reprisals;

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

    (10) other acts in violation of the Ordinance and of these regulations.

    The fifth chapter by-laws

    35th legal and authorized rights to administer public affairs function public government information activities of the Organization, these measures shall apply.

    Article 36th in education, health care, family planning, water supply, electricity, gas, heat supply and environmental protection, public transport, telecommunications, postal services, finance, social security, agricultural services are closely related to people's interests, such as 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.

    37th Executive financial disclosure of Government information should be included in the annual budget of the authority, protection of Government information disclosure work normally. 38th article of the rules take effect on February 1, 2013.