Guiyang Municipal Government Information Disclosure Requirements

Original Language Title: 贵阳市政府信息公开规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351873.shtml

Guiyang municipal government information disclosure requirements

    (April 12, 2011 Executive meeting of the Guiyang municipal people's Government on April 23, 2011, Guiyang municipal people's Government announced come into force July 1, 2011, 2nd) Chapter I General provisions

    First in order to improve the transparency of Government work, regulate the disclosure of Government information, promoting administration according to law, in accordance with the People's Republic of China regulations on disclosure of Government information and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Article by the local municipal government information disclosure work, these provisions shall apply. Third-level people's Governments at various levels shall strengthen the disclosure of Government information of organization and leadership.

Head of the people's Governments at all levels and their departments for the level responsibility of people's Governments and their departments.

General Office of the people's Governments at all levels (room) is the work of the people's Government Information Department, responsible for government information disclosure work within their respective administrative areas of propulsion, guidance, coordination, supervision. Implementing vertical's Executive at its parent Department's leadership and the unity of the people's Government at the seat open government information work carried out under the guidance, coordination.

    Dual-led administrative organs located under the leadership of the people's Government at the disclosure of Government information, and accept the guidance of the competent departments.

Article Governments at all levels and departments of people's Governments above the county level shall establish and improve government information disclosure system and appoint a special working body (collectively the "open government information agency") shall be responsible for the daily work of Government information publicity.

Government information public institutions shall perform the following duties:

(A) undertake the disclosure of Government information;

(B) the collection, collation, storage, maintenance and updating of the disclosure of Government information;

(C) to receive and handle requests for government information disclosure from this body;

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

(E) prepare guidelines for the disclosure of Government information, open government information directory and annual report of the Agency open government information work;

    (F) other matters relating to the disclosure of Government information.

    Article fifth monitoring, security, industrial and information sectors should be based on their respective duties, in collaboration with the Government information related to public works.

    Sixth Government information should follow the principles of fair, equitable, accessible.

Seventh administrative organs should be timely and accurate disclosure of Government information, found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, shall promptly publish accurate information be clarified.

Administrative organs shall establish and improve the mechanism for coordination of Government information, publishing information relating to other administrative bodies of the Government, and shall take the initiative to communicate with it, sure.

    Administrative bodies publish information in accordance with the relevant regulations of the State shall be submitted to the approval of the Government, without authorization shall be published.

Eighth natural persons, legal persons and other organizations (collectively, "rights") in accordance with national laws and regulations and these provisions, rights of access to and use of Government information.

Right to access and use of Government information, and shall not infringe upon privacy, trade secrets, State secrets and other public interests.

    Executive authorities may not in any form of illegal blocking or restriction of right to govern access to and use of Government information.

    Nineth executive authorities to disclose Government information should not endanger national security, public safety, economic security and social stability.

    Chapter II scope of public

Tenth of municipal and district (counties and municipalities) people's Governments and their departments except in compliance with the People's Republic of China Government information disclosure Bill Nineth, tenth, 11th of the rules, within the scope of their duties proactively disclosing Government information of specific content, should also take the initiative to open the following:

(A) the implementation of the annual budget and final accounts report;

(B) to the community's commitment to take care of matters and their completion;

(C) the financial arrangements used for major construction projects;

(D) the Government investment project bidding and bid and construction;

(V) the Organization, functions and powers, the Division of work, location, means of communication;

(F) examination of civil servants and civil service managers, hiring and selecting cadres in public jobs, conditions, procedures and results;

    (VII) other government information according to law shall be made public.

    11th the township (town) people's Government shall, in accordance with the People's Republic of China Government information disclosure provisions of 12th, within the scope of their duties proactively disclosing Government information of specific content. 12th administrative organs shall establish and perfect publication of classified government information review mechanisms and clear review of the procedures and responsibilities.

In accordance with these provisions before disclosing Government information shall be in accordance with the People's Republic of China Law on guarding State secrets and other confidential government information about provisions to be publicly reviewed.

    When the disclosure of Government information are not sure whether you can, shall, in accordance with the laws, regulations and relevant regulations of the State submitted to the relevant authorities or determined by the Security Department at the same level. 13th administrative authorities shall not disclose State secrets, business secrets and personal privacy of Government information.

    However, with rights holders agree to open or the Administration finds that the public may have a significant impact on public interests relating to trade secrets, privacy of Government information can be made public.

    Chapter III public way

    14th administrative organ shall take the initiative to disclose Government information through the Official Gazette, the Government website, press conferences and press, radio, television, and other easy to expose well-known to the public.

15th made by administrative organs of Government information, the Executive is responsible for making government information public; from the right holders to obtain government information, which the Executive is responsible for the Government information public.

Because the executive authorities of the Government institutions are not retained, and the disclosure of Government information is carried out by responsible continues to exercise the functions of the Executive.

    Laws and regulations on the disclosure of Government information otherwise provided by permission from its provisions. 16th 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.

17th levels of people's Governments shall, in archives, public libraries (rooms) inspection, administrative service center set up government information sites, and are equipped with the necessary facilities, equipment, for the right person facilitating the access to government information.

Administrative organ may establish, as necessary, information obtained from the public access room, information, bulletin boards, electronic information screens and other places, facilities, access to government information.

    Administrative authority shall, within 10 working days after the disclosure of Government information, according to the archives, public libraries at the same level as provided (room) and the Government provide the disclosure of Government information the access to information site.

18th administrative organ shall prepare guidelines for the disclosure of Government information and directory, and timely updates.

Guide to government information disclosure should include classification, presentation systems, access to government information, open government information agency's name, Office address, office hours, phone number, fax number, email and so on.

    List of Government information disclosure should include government information index, name, summary, date and other information.

19th administrative organs shall establish a public archive of Government information, on public government information, public reports, survey results and other data archives, available for public inspection.

    Archives in accordance with the provisions on the disclosure of Government information has been handed over to the relevant authorities, applicants for inspection, the administrative organ shall inform its ways and means.

    Fourth chapter of public programs

20th executive authorities to disclose Government information shall comply with the following procedure:

(A) on behalf of the Government and open government information from his Office (room) comment, reported that the people's Governments at the corresponding level heads open after audit;

(B) of the Government working on behalf of the Department of public information, comments by the disclosure of Government information agency, Department Chief audit public and reported to public works departments of the people's Governments at the corresponding level information;

    Modification, cancellation or termination of public information shall be audited in accordance with the provisions of the preceding paragraph, for the record, told the public in a timely manner and make notes.

Article 21st person according to their own life and production, scientific research and other special needs, according to law to the administrative authority for access to government information, can be applied in the following ways, the administrative organ shall read, accept registrations in a timely manner.

(A) submit an application through Government websites, its acceptance of the application time for Government Web site background management system based on electronic documents application of time;

(Ii) submission of applications such as mail, fax, and its acceptance of the application time for executive authorities received the letter, fax;

(C) the administrative authorities located in the Administrative Services Center window or application to the Executive agencies to place, time of its acceptance of the application time for receipt of the application. There is difficulty in writing, orally or authorized agent to apply application for oral application fill in the format by the Executive.

Applications shall include the following main elements:

(A) the name or names and contact information of the applicant;

(B) public information describing the contents of the Government;

(C) specific requirements for public;

(D) the application time.

Administrative organs shall provide the applicant with a free application for formatting text. Information provided to the administrative authority for the Government should produce valid identification papers or documents.

    Agent apply for disclosure of Government information should hold valid documents and power of Attorney of the applicant, agent.

22nd after the administrative organs accepting the application should be based on the written replies to the following cases:

(A) belongs to the scope of application, shall inform the applicant in accordance with these provisions the Government information content;

(B) belong to the scope of disclosure, and shall inform the applicant for the ways and means of Government information;

(C) falls within the scope will not be made public, and shall inform the applicant in writing and state the reasons;
(D) the law does not belong to the administrative organs open range or the information does not exist, it shall notify the applicant, to be certain that the information available to the public administrative bodies, shall inform the applicant of the Executive's name, contact information;

(E) request is ambiguous shall at once inform the applicant to change, Supplement, reapply after applicants change, complement, recalculates the response period;

    (F) the Administration finds that the applicant Government information and open content is not associated with the applicant, applicants cannot add associated grounds, the Executive can decide whether that exposes the Government to the applicant information. 23rd Executive sees to the application of public government information involved trade secrets, personal privacy, public might prejudice the legitimate rights and interests of third parties shall be from the date of receipt of the application seeking the views of third parties in writing within 5 working days; the 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 decided to make public the information content and reasons to notify the third party of the Government.

    Public government information should not be exposed in the content, but to be able to distinguish between, the administrative organ shall provide the applicant with the information can expose content.

24th 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 be from the date of receipt of the application within 15 business days with a response; required extension of reply, agreed by the heads of Government information agencies, extension of the response period must not exceed 15 working days, and inform the applicant.

    Administrative authorities need to seek third party advice, consultation time is not calculated within the period specified in the preceding paragraph.

25th administrative organs due to force majeure or other legal reasons not to make a decision whether or not to publish within the prescribed period suspended, suspended after the cause is removed, the term recovery calculations.

    Administration suspending or resuming terms, shall notify the right holder.

    Article 26th people believe that the Executive is providing inaccurate government information related to its own records, and there is some evidence has the right to require the Executive authority to be corrected; administrative authorities have no right to correct should be transferred to other administrative bodies the right to correct and inform the applicant.

    27th Executive disclosure of Government information, and shall not be charged. 28th administrative organs in accordance with the application to provide Government information, except as provided by country charge retrieving, copying, and mailing costs, such as costs, shall not be charged other fees.

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

    Fifth chapter monitoring and protection

29th of municipal, district (County, City) examination of people's Governments shall establish and improve the disclosure of Government information systems, social commentary and accountability systems, annual assessment of Government information disclosure work, social comment. Municipal people's Government is responsible for the evaluation of the Office of the municipal people's Government departments and district and County (City) of the people's Government.

District and County (City) Office of the people's Government is responsible for assessing level people's Government departments and township (town) people's Government. Office of the municipal people's Government is responsible for organizing the work of the municipal departments and district and County (City) Government social commentary.

    District and County (City) Office is responsible for organizing the people's Government of the people's Governments at the corresponding level affiliated departments and township (town) people's social commentary.

    30th the Executive should be published before March 31 of each year the Government information public annual report on the work of the executive authorities.

    31st public work of Government information departments and supervisory organs should be on the executive authorities conduct supervision and inspection of the implementation of the disclosure of Government information.

    Article 32nd rights holders believe that the Executive does not perform its obligation of disclosure of Government information, according to the People's Republic of China Government information disclosure provisions of 33rd to deal with it.

    Article 33rd in violation of the provisions of the Executive, in accordance with the People's Republic of China Government information disclosure Bill 34th, 35th article to deal with.

    The sixth chapter supplementary articles

    Article 34th legal and authorized rights to administer public affairs function public government information activities of the Organization, the present provisions shall apply. 35th article of the regulations come into force on July 1, 2011. Published on June 1, 2006 implementation of the provisional regulations on Government information disclosure be abrogated in Guiyang City.