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Guiyang Municipal Government Information Disclosure Requirements

Original Language Title: 贵阳市政府信息公开规定

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Public provision of information by the Government of Honour

(Summit of Hygiene 12 April 2011 to consider the adoption of Decree No. 2 of 23 April 2011 by the Government of the Hygiene People's Republic of Honour, 1 July 2011)

Chapter I General

Article 1, in order to enhance transparency in the work of the Government, regulate the public work of the Government and promote the administration of the law and establish this provision in the light of the Public Regulations of the Government of the People's Republic of China and the relevant laws, regulations and regulations.

Article 2

Article 3. Governments at all levels should strengthen the organizational leadership of public information at the level. The heads of all levels of the people's Government and their working sectors are the first-time responsibilities of the current people's Government and its work sector.

The Executive Office of the People's Government at all levels is the competent authority for the public work of the people at this level, which is responsible for the advancement, guidance, coordination and oversight of public information efforts within the current administrative region.

The executive organs that are guided by the leadership of their superior business authorities and by the unity of guidance and coordination of the Government's information. The dual-led executive body, under the leadership of the same-ranking people's Government, conducts public information and receives guidance from the top-level business authorities.

Article IV should establish a public system for the public information of the Government at all levels and for the work of the people's government at the district level, and designate specialized agencies (hereinafter referred to as “the public information body of the Government”) to be responsible for the day-to-day work of the Government.

The Government shall perform the following duties:

(i) The public work of the host Government;

(ii) To collect, collate, maintain and update public information on the initiative of this body;

(iii) Approval and processing of requests for public information submitted to this organ;

(iv) Confidential review of proposed public information;

(v) Organizing the preparation of public guidance on government information, a public directory of government information and an annual report on the public work of the Government;

(vi) Other matters relating to the public information of the Government of the Authority.

The sectors such as inspection, confidentiality, industry and information should be guided by their respective responsibilities by the public information.

Government information should be publicly consistent with the principles of justice, equity and popularity.

Article 7. The executive organs shall make timely and accurate public information, identify the impacts or may affect social stability, disrupt the false or incomplete information of the social management order, which shall be clarified in a timely manner.

The executive body should establish a coordination mechanism for the dissemination of information by the Government to disseminate information from the Government to other executive bodies and should be proactive in communication and recognition.

The executive organ publishes information from the Government in accordance with the relevant provisions of the State and is not authorized.

Article 8. Natural persons, legal persons and other organizations (hereinafter “rights”) enjoy the right to access and use government information in accordance with national laws, regulations and present provisions.

Rights have access to and use of government information and no violation of the privacy, business secret, State secret and other public interest.

The executive branch shall not unlawfully block or limit the access and use of government information by the right person in accordance with the law.

Article 9. Public government information by executive organs shall not endanger national security, public safety, economic security and social stability.

Chapter II Public scope

Article 10, the Government of the city, the city, and its work sector, in addition to the provisions of articles 9, 10 and 11 of the Public Regulations of the Government of the People's Republic of China on Information, should also be proactive in publicizing the following elements within its mandate:

(i) Implementation of the Government's annual financial budget and accounts;

(ii) Matters for social commitment and their completion;

(iii) Use of financial funding arrangements for major construction projects;

(iv) The solicitation, tendering and construction of government investment-building projects;

(v) Institutional setting, terms of reference, division of work, office location, communications;

(vi) Civil servants and positions, conditions, procedures, results, etc., taking into account the civil service manager's reporting, vetting and public selection;

(vii) Other public information that is to be made public by law.

Article 11. The Government of the People's Republic of China shall, in accordance with article 12 of the Public Regulations on Information of the Government of the People's Republic of China, make specific elements of public information within its mandate.

Article 12. The executive body shall establish a mechanism for the publication of confidential review of information by the Government to clarify the procedures and responsibilities for the review. Prior to the publication of public information in accordance with this provision, confidential review of proposed public information should be carried out in accordance with the conservative National Secret Act of the People's Republic of China and other relevant provisions.

Government information cannot be determined whether public information can be made public and should be submitted to the relevant authorities in accordance with the laws, regulations and relevant national provisions or to the same level of confidential work.

Article 13 is not open to government information concerning State secrets, commercial secrets and personal privacy. However, the right has agreed that public or administrative authorities consider that public information that may have a significant impact on public interest can be made public.

Chapter III

Article 14. The executive organs shall make public information on their own initiative, accessible to the public through government bulletins, government websites, press conferences and newspapers, radio, television and television.

Article 15. Government information produced by the executive branch is open by the executive body that produces the information of the Government; government information obtained from the rights is publicly available by the executive body that preserves the information of the Government.

Since the reform of government institutions is no longer reserved for the executive organs, the public information of their Government is the responsibility of the executive organs that continue to exercise their functions.

The law, legislation and regulations also provide for the public competence of government information, from its provisions.

Article 16, which is an active public information, shall be made public by the executive branch within 20 working days of the date of the Government's information formation or change. The law, legislation and regulations provide for an open period of time for information from the Government.

Article 17 Governments at all levels should put in place government information access sites in archives, public libraries (rooms), political service centres and be equipped with appropriate facilities, equipment to facilitate access to government information by the author.

The executive branch may make public information available on the basis of the establishment of public access rooms, information requests, information bulletins, electronic information monitors, etc.

The executive branch shall provide proactive public information within 10 working days of the public information, as required, to the same-ranking archives, the public libraries (doors) and the Government's information access sites.

Article 18 The executive body shall prepare public guidance and catalogues of information from the Government of the organ and update them as appropriate.

The Government's public information guide should include the classification of information from the Government, the system of ranking, access, the name of the public service agency, office address, office time, contact telephone, facsimile number and e-mail.

The Government's public information should include indexing, name, content overview, and generation dates.

Article 19 should establish public information files and file files for publicly available government information, mass complaints reports, survey results.

Public files of Government information have already been transferred to the relevant sectors, and the applicant has sought access, and the administrative authorities should inform the manner and means of his inquiries.

Chapter IV Open procedures

Article 20 of the public information of the executive organs shall be subject to the following procedures:

(i) Public government information on behalf of the Government, which is made by its Executive Office (room) and is open after the review by the head of the Government of the present people;

(ii) Public government information on behalf of the Government's work sector, which is presented by its Government's public information body, which is open after the approval of the main heads of the sector, and is presented to the Government's public work authorities for information;

Changes, cancellation or termination of public information should be made in accordance with the provisions of the previous paragraph, promptly communicated to the public and clarifications.

Article 21, in accordance with the special needs of its own production, life, scientific research and so forth, shall apply by law to the executive branch for the acquisition of information from the Government and shall be made available in a timely manner by the executive branch.

(i) To submit requests through the Government website for the time of their receipt of requests for post-government management systems for electronic files;

(ii) To submit applications through correspondence, facsimile, etc., for the time of receipt of the letter and facsimiles by the executive branch;

(iii) To apply to the office of the executive branch at the window of the Centre for Political Affairs or to the designated premises of the executive branch for the time of receipt of the application.

The use of the written form would be difficult, either orally or by the agent, and the oral application was replaced by an administrative organ. The application shall include the following key elements:

(i) The name or name of the applicant and the manner of communication;

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

(iii) Specific requirements for public form;

(iv) Applications.

The executive body shall provide the applicant with the form of the application free of charge.

Government information should be submitted to the executive organs for presentation of valid identity documents or documentation. The author submits an open request for information from the Government and shall present an effective document of the applicant, the agent and a letter of authorization.

A written response shall be made in accordance with the following circumstances after the application is admissible by the executive branch:

(i) The public scope of the application shall be communicated to the applicant in accordance with this provision;

(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, in accordance with the law, that it does not fall within the public scope of this administrative body or that the information of the Government does not exist, that the applicant's name, communication shall be communicated to the applicant's executive body;

(v) The application is unclear and the applicant should be informed, on a one-time basis, of changes, additions to the application by the applicant and recalculating the period of response;

(vi) The executive body considers that the applicant's request for public information is not relevant to the applicant and that the applicant cannot add to the relevant reasons, and that the administrative body may decide to make the information available to the applicant public.

Article 23 considers that the application of public information involves commercial secrets, personal privacy, which may subsequently undermine the legitimate rights and interests of third parties, shall be sought in writing from five working days from the date of receipt of the request; and third parties do not agree to be open and shall not be open. However, the executive body considers that there may be a significant impact on the public interest and should be made public and will decide on the content and rationale of public information to be communicated to third parties in writing.

Public government information should contain not public content, but it would be possible to distinguish between treatment and the executive branch should provide the applicant with publicly available information.

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

The executive branch needs to seek third-party advice and the time frame for the consultation is not calculated for the period specified in the preceding paragraph.

Article 25 Administrative organs are recalculated for reasons of force majeure or for other statutory matters that cannot be decided in public within the prescribed time period for a period of suspension and for reasons of suspension.

The executive branch shall suspend or restore the period of time and shall notify the author in a timely manner.

Article 26 enshrines that the information provided by the executive branch is not accurate and that there is evidence that the executive body is entitled to request corrections; that the administrative organs are not entitled to correction; and that the other administrative organs entitled to correction should be transferred to the applicant.

Article 27 provides that the administrative body shall not be charged with making public information.

In accordance with article 28, the executive branch shall apply for the provision of information from the Government and shall not collect other costs except for expenses such as retrieval, reproduction and mailing, as prescribed by the State. The executive branch shall not provide government information through other organizations and individuals in a reimbursable manner.

Chapter V

Article 29 Governments of the urban, district and city should put in place a public performance appraisal system, a social review system and accountability system for sound government information, and conduct public scrutiny of government information each year.

The Executive Office of the People's Government is responsible for the various sectors and districts of the Government of the People's Republic of Caucasional and District (market). The Office of the People's Government of the District, the District and the District is responsible for the various sectors and communes (communes) owned by the Government of the archaeological people.

The Executive Office of the People's Government is responsible for organizing the social review of the various sectors and districts of the city's Government, as well as the municipalities. The Office of the People's Government is responsible for organizing the social review of the various sectors and communes (communes) belonging to the Government of the people.

Article 31 shall publish an annual report on the public information of the executive branch by 31 March each year.

Article 31 of the Government's public information authorities and inspection bodies should monitor the implementation of public information by the executive authorities.

In article 32, the author considers that the executive branch does not comply with its public information obligations under the law and is governed by article 33 of the Public Regulations of the Government of the People's Republic of China.

Article 33, in violation of this provision, is dealt with by the executive branch in accordance with article 34, article 33, Public Regulations of the Government of the People's Republic of China.

Annex VI

Article 34 Activities of the public government that are mandated by law, legislation and regulations to administer the functions of public affairs are applicable.

Article 33 XV provides for implementation effective 1 July 2011. The provisional provisions of the Government's information published on 1 June 2006 were also repealed.