Interim Measures For The Zhejiang Provincial Government Information Publicity

Original Language Title: 浙江省政府信息公开暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376475.shtml

Interim measures for the Zhejiang Provincial Government information publicity

    (June 15, 2012 No. 302, promulgated by the people's Government of Zhejiang Province as of August 1, 2012) Chapter I General provisions

    Article in accordance with the People's Republic of China Government information disclosure regulations (hereinafter referred to as the regulations) and the provisions of relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article people's Governments at all levels within the administrative area of the province and the people's Governments above the county level departments (hereinafter administrative authorities) 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.

    Article 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.

    Executive authorities to disclose Government information should not endanger national security, public safety, economic security and social stability and not involving State secrets, business secrets and personal privacy information, but the rights holders agree to open or the Administration finds that the public may have a significant impact on public interests relating to trade secrets, personal privacy, except for government information.

    Article people's Governments at all levels should strengthen leadership on disclosure of Government information, establish and improve the disclosure of Government information system, making government information public works implementation, requirements for protecting government information disclosure work, advancing the opening of Government information.

    Fifth General Office of the people's Governments above the county level (room) or other public work of Government information that determines the people's Governments above the county level authorities (hereinafter referred to as government information public works departments) for propulsion, guidance, coordination, supervision and the administration of Government information.

    Confidential administrative departments of the people's Governments above the county level are responsible for guiding, monitoring the administration of Government information disclosure confidentiality review.

    Sixth administrative organ responsible for exposing their Government information or save it from citizens, legal persons and other organizations to obtain government information.

    Administrative organ saved belonging to other administrative bodies of Government information, as a basis for its administration, according to the applications of the citizens, legal persons and other organizations, in the context of their public according to law.

    Administration Division, merger or dissolution or function, the disclosure of Government information is carried out by responsible continue to exercise the authority of the Executive.

    Laws and regulations on the administration of the Government information disclosure provisions of permission from its provisions.

    Seventh administrative organ shall designate bodies (hereinafter referred to as government information agency) is responsible for government information disclosure work of this organ, with commensurate with the responsibilities of the staff, perform the functions of the fourth article of the regulation.

    Eighth Government information public works Department and other relevant departments should strengthen the executive staff disclosure of Government information, training and education, development of public awareness of Government information and services.

    Open Government Information Department and other relevant departments should strengthen the public dissemination of the work of Government information, and create a good environment and atmosphere for open government information.

    Chapter II disclosure

    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 the regulations article tenth, 11th, 12th, and the relevant provisions of the measures, set out in these organs, within the mandate of the specific content of the disclosure of Government information.

    Authorities to protect the legitimate rights and interests of the parties concerned under the premise, based on administrative needs, appropriate disclosure of administrative punishment and administrative compulsory administrative law enforcement information.

    11th administrative organ shall take the initiative to disclose Government information, through the portal, Official Gazette of the Government (including electronic versions, the same below), press conferences, as well as newspapers, radio, television, and other easy to expose well-known to the public.

    Encourages the Executive actively widen the channel of Government information disclosure, using cell phone text messages, voice consultation and other government information to the public.

    The township (town) people's Government according to the needs, through the Office, community services establishments open information window, information bulletins or through a bar of village affairs, broadcasting, meeting, Government information to the public.

    12th Government of the people's Governments above the county level shall be the portal website and Official Gazette of the people's Governments at the corresponding level of Government information release platform. Executive disclosure of Government information should be at the level of Government Portal Web site or the Web site.

    The administrative organ shall promptly update information online, and provides services such as information retrieval and download functionality.

    Official Gazette shall be issued free of charge to State agencies, the national archives, public libraries, administrative service center, community services and home (village) committees.

    13th administrative organ shall strictly implement national and provincial regulations news release system and designated spokesman, through press conferences in a timely manner or by press, radio, television, the Internet and other means, post major natural disasters, accidents, public health, social security, and other important government information public quickly known.

    14th people's Governments at all levels should be in the national archives, public libraries, public access to government information sites, and are equipped with the necessary facilities, equipment, for the citizens, legal persons or other organizations to facilitate access to government information.

    Executive Office space, administrative services, community services established a public access, obtain information, information screen, such as bulletin boards, electronic information, access to government information.

    The national archives, public libraries and other public access to government information sites and other places of Government access to information, inspection shall establish and improve government information services system, standardize staff behavior, improve the quality of Government information search services. 15th Government information subject to disclosure, the administrative organ shall the Government information form or within 20 working days from the date of the change be made public.

    Laws and regulations on Government information disclosure provisions of term, from its provisions.

    16th administrative organ publishing food safety, quality and safety of agricultural products, a major infectious disease outbreak, a major animal and plant epidemics, an important geographic information data, statistics, earthquake prediction and other government information should be strictly in accordance with laws, regulations and national regulations of permissions, execution of your program.

    Chapter III application

    Article 17th of citizens, legal persons and other organizations in accordance with the provisions of the Ordinance and these rules, apply to the administrative authority to obtain information related to the Government.

    Administration should strengthen the Government by application of information disclosure, open application channels, serious response application, improve work efficiency and service quality.

    18th the citizens, legal persons and other organizations for access to government information, can be designated to the Office of the Executive or administrative authority of the national archives, administrative service center, such as the Government information disclosure filing, a written application on the spot; or by letter, fax, the Internet and other ways and means to apply in writing.

    There is difficulty in writing, the applicant may apply orally proposed, on behalf of the executive authorities of the admissibility of the application to complete the application form, and confirmed by the verification signature or seal of the applicant.

    The administrative organ shall provide and make government information disclosure application format text to help applicants free access.

    19th the applicant shall truthfully fill out the name or title of the contact; applications for open government information, content description and form requirements should be clear and specific. Applicant on whose behalf application with its own relevant government information, should be submitted to the Executive the applicant, being the valid certificates, as well as the power of Attorney of the client.

    Power of attorney shall set forth the matters entrusted, permissions and terms, and the applicant's signature or seal.

    Article 20th on public government information, written responses to the administrative organs shall, in accordance with the following provisions:

    (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) is between the executive authorities and the executive authorities for instructions, reporting, approval, meeting minutes, and a copy of such documents and information, not as evidence of the Administration, may be withheld, it shall inform the applicant in writing and state the reasons; as the basis of administration, shall be made public, in accordance with subsection (a) provides answers.

    (D) is under investigation, discussion, in the process of Government information can be withheld, it shall inform the applicant in writing and state the reasons.

    (V) do not belong to the scope of the disclosure, and not related to production, life, scientific research and other special needs of the applicant, may be withheld, it shall inform the applicant in writing and state the reasons.

    (Vi) do not belong to the authorities responsible for public information does not exist or the Government, and shall inform the applicant; to be able to determine the administrative body responsible for exposing the Government's information, shall inform the applicant of the Executive's name, contact information.

    (VII) should not open content, but being able to distinguish between, and shall inform the applicant was partially open and public access to part ways and means; withheld part of the reasons shall be given.

    (H) the request is not clear or the application does not comply with the requirements of, and shall inform the applicant once content that requires correction.
(IX) the same applicant to the same administrative authorities could apply in respect of the same content repeated disclosure of Government information, the Executive has responded, you can inform the applicant not to repeat.

    Article 21st open government information is co-produced by two or more administrative authorities, provided by the Administration for accepting applications.

    Apply for government information disclosure and request the authority to provide public publications such as newspapers, magazines and books, or shall be provided in accordance with relevant laws and regulations, check out dossier, or for the production, collection, analysis, processing, Government information services, the executive authorities shall inform the applicant in writing shall not be provided.

    To request Government information disclosure on behalf of petitions presented to the Executive, the executive authorities shall inform the applicant in writing through the appropriate legal channels. 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 needs, should be agreed by the head of Government information agency and inform the applicant in writing.

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

    Apply for open government information involving State secrets, business secrets and personal privacy, need to be reviewed in accordance with the provisions of the confidentiality or request a third party opinion, may exceed the specified response period, the executive authorities shall inform the applicant in writing.

    Government information to be made public, in response, the Administration cannot provide, it shall determine and inform the applicant of the term. 23rd Government information provided by administrative organs according to the application, should be provided according to the applicant forms; could not be provided in the form requested by the applicant, can be arranged by the applicant access to relevant information, provide a copy, extract or any other appropriate form.

    Otherwise provided for by laws, rules and regulations, from its provisions.

    Public citizen reading difficulties or Visual barriers to government information, administrative organ shall provide necessary assistance.

    24th Government information provided by administrative organs according to the application, in addition to charging costs of retrieving, copying, mailing, costs, shall not be charged any other fees, the applicant shall not be required by other organizations and individuals with paid access to government information.

    Citizens applying for public government information of genuine economic difficulties, upon his own application, acceptance application open Government Information Agency Director approval, can reduce associated costs.

    Administration charge retrieval, copying, and mailing costs for standard relief schemes by province and related costs prices, financial authorities in accordance with the relevant provisions of the State.

    25th a citizen, legal person or other organization has provided evidence of administrative organs with inaccurate government information related to the record itself, to require an administrative authority to be correct.

    Administration upon receipt of the requests for corrections to records of Government information should be verified and dealt with in accordance with the following provisions; otherwise provided by the laws, rules and regulations, those provisions:

    (A) the right to correct and can be corrected on the spot, should be corrected on the spot information on Government records cannot be corrected on the spot, shall, within 7 working days from the date of receipt of requests for corrections to be corrected; Government records accurate, shall inform the applicant in writing shall not be corrected, and explain the reasons.

    (B) the right to correction shall, within 5 working days from the date of receipt of requests for corrections to forwarded to the Executive the right to correct and inform the applicant in writing, giving reasons.

    The fourth chapter management and supervision

    26th the administrative organ shall, in accordance with the provisions of Ordinance section 19th, preparation, publication of the Agency's open government information guide and directory, and modified in a timely manner.

    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.

    27th people's Governments above the county level shall make full use of existing resources of governmental information network, promoting the construction of Government information public information platform for the Administration, integration and optimization features such as information dissemination, application processing, information, implementation and higher people's Governments and their departments of Government information, the lower level people's Government open systems interconnection, enhance quality and efficiency of Government information.

    28th administrative organs open government information, confidentiality should be in accordance with the relevant provisions of national and provincial review in preparing the documents, it should be clear that the document is open.

    Cannot determine whether Government information can be made public, should be submitted to the competent authorities in accordance with law or confidentiality at the same level determined by the competent administrative department; not sure whether threats to social stability, should also be in accordance with the relevant provisions of national and provincial social stability risk assessment.

    Government information needs known to the public or be involved in, but part of them involving State secrets shall be subject to the statutory procedure to decrypt or remove related content. Government information relating to trade secrets, personal privacy, public could undermine the legal rights of the rights holders, shall seek the views of rights holders in writing; rights holder does not agree to open it, it shall not disclose right fails to reply within the time provided in the Executive, considered not to be made public.

    Administration finds that the public may have a significant impact on public interests and decided to open to the public, decided to make public the details and reasons should be written to inform the right people.

    Article 29th publishing government information relating to other administrative bodies of executive authority, should communicate with the relevant administrative authorities, confirmed that agreement before they can release; can't agree, shall be submitted to the common administrative organ at a higher level of coordination.

    Executive found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, shall, within its sphere of responsibility timely dissemination of accurate information on Government for clarification.

    Publishing Government information in accordance with the relevant provisions of the State administrative organs need to approve, shall be approved by the authority.

    30th the Executive production or preservation of Government information has been transferred to the national archives and archives bodies of the open archives management in accordance with the relevant laws and regulations and the relevant provisions of the State; has not been transferred, the public in accordance with the relevant provisions of the Ordinance and these rules. 31st the administrative organ shall, before March 31 of each year, through the administration portal, this site or press release public annual report on the work of the organs of Government information.

    Information content of the annual report on the work of the Government in accordance with the provisions of that Ordinance.

    32nd people's Governments above the county level shall annually to respective Department disclosure of Government information and the lower level people's Government performance assessment.

    Disclosure of Government information departments, supervisory organs shall, in accordance with responsibilities on the executive authorities supervise and inspect the work of Government information publicity.

    Disclosure of Government information departments shall 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, and publish social commentary.

    Article 33rd citizens, legal persons or other organizations believe that the Executive does not perform its obligation of disclosure of Government information, up-level executive, supervisory organs or public work Department of Government information reported and complaints received reports and complaints of administrative organs shall, in accordance with national and provincial regulations to be investigated.

    Citizens, legal persons or other organizations that work in the disclosure of Government information in violation of their legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit.

    Article 34th Executive publication of classified government information review mechanism has not been established by the supervisory organ or the administrative organ at a higher level in accordance with administrative privileges shall be ordered to correct serious, Chief of the Executive shall be subject to punishment.

    Administration of any of the following circumstances by the supervisory organ or the administrative organ at a higher level in accordance with administrative privileges shall be ordered to correct; 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) charge fees in violation of regulations;

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

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

    (F) violations of the Ordinance and these rules, the provisions of other acts.

    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, culture, radio, film and television, water, electricity, gas, heat supply and environmental protection, public transportation and other public enterprises closely related to people's interests in the provision of public services to the community in the process of production, access to the public, in accordance with the measures implemented.

    Relevant administrative departments should strengthen their belongs or management of public enterprises ' information disclosure guidance and oversight of the work. 37th article of the rules take effect on August 1, 2012.