The Shandong Provincial Government Information Disclosure Practices

Original Language Title: 山东省政府信息公开办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264101.shtml

The Shandong provincial government information disclosure practices

    (May 7, 2010 72nd General meeting of Shandong province by Shandong provincial government order No. 225, released May 28, 2010 as of July 1, 2010) Chapter I General provisions

    First in order to protect the citizens, legal persons and other organizations ' right to information and to supervise, establish open and transparent administrative system, promoting administration according to law, according to the People's Republic of China regulations on disclosure of Government information and other related laws and regulations, combined with the facts of the province, these measures are formulated.

    Government information in these measures in article, refers to the administrative organs in carrying out their duties in the process of making or obtaining, in paper, magnetic media and other carrier form information to be recorded, saved.

    Third administrative organs open government information shall follow the principles of fair, impartial, timely, and convenient.

    Article Governments at all levels should strengthen leadership on disclosure of Government information, establish and improve the disclosure of Government information dissemination system and safeguard mechanisms.

    Province people's Government Office for the province's Government Information Department is responsible for promoting, directing, coordinating and monitoring the province's Government information services.

    Districts of city and County (city, district) people's Government Office (the Office) of Government information publicity work for the administrative authorities responsible for propulsion, guidance, coordination, supervision and the administration of Government information.

    The township (town) people, neighborhood offices responsible for the administration of Government information disclosure promoting and organizing the implementation.

    The vertical management of the administrative organ shall, according to the parent of the competent administrative authorities arranged to do public work of Government information, and accept the guidance of local governmental Department in charge of the information disclosure.

    Fifth administrative organs shall establish and improve government information disclosure system and designated agency (hereinafter referred to as government information agency) is responsible for the daily work of Government information, specific duties:

    (A) maintain and update the disclosure of Government information;

    (B) receiving and processing requests for government information disclosure from this body;

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

    (D) organized the preparation of the Agency's open government information guides, catalogs and annual reports;

    (E) the performance of this authority and other duties related to the disclosure of 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 authorities to disclose Government information should not endanger national security, public safety, economic security and social stability.

    Chapter II the scope and subject of public

    Eighth administrative organs shall, in accordance with the People's Republic of China Government information disclosure Bill Nineth, tenth, 11th, 12th of the rules, in their respective areas of responsibility within the disclosure of Government information specific and focus on open government information.

    List of priority open government information shall be reported pursuant to the provisions of the public works departments of Government information.

    Nineth Executive formulate local laws, regulations and regulatory documents, standards and related policies, measures, or preparation of the relevant plan, plan, plan, plan, and involves the vital interests of citizens, legal persons and other organizations, or have a significant social impact, in the process of formulation, preparation, the draft should be offered to the public, sufficient to listen to public views.

    Except for the first paragraph of the active public consultation draft of the executive authorities, and other surveys, discussions, the processing of relevant information, because its content is not determined, will not be made public.

    Executive found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, Government information should be accurate according to their functions and areas of competence clarification; right to clarification, clarification shall be submitted to the authority, or report information about the level of government public works departments for processing.

    Tenth than the 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.

    Administration is not responsible for the applicant collection, processing or reproduce Government information, as well as to other administrative bodies and citizens, legal persons or other organizations the obligation to collect information.

    11th Government of the administrative organ shall not disclose the following information:

    (A) involve State secrets;

    (B) involving commercial secrets;

    (C) relating to personal privacy. 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.

    Subject to the rights holders agree to open it, the right people to agree that public consultation is not responding to the Executive, considered not to be made public.

    12th administrative organs shall establish and perfect publication of classified government information review mechanisms and clear review of the procedures and responsibilities. Administrative bodies in front of the access to government information, it shall conduct a confidential review, and clear disclosure, request, open or not to open the case.

    Determines will not be made public, and shall indicate the reasons.

    The confidentiality of Government information review, by administrative organs responsible for producing or obtaining the information sector to make suggestions, information by the Government in conjunction with the secret service and other public bodies review, reported to the heads of executive decisions.

    13th made by administrative organs of Government information, the Executive is responsible for making government information public; administration from citizens, legal persons or other organizations to obtain government information, which the Executive is responsible for the Government information public; two or more administrative organs produce or obtain government information, exposed by the Executive is responsible for.

    Executive authorities is liable to open government information to be dissolved, merged or changed, assume the Executive is responsible for the administration of their duties Government information public.

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

    Chapter III public way and procedure 14th Government information subject to disclosure, the administrative organ shall the Government information form or within 20 working days from the date of the change, known to the public and in accordance with the characteristics of the information be made public.

    Laws and regulations on Government information disclosure provisions of term, from its provisions. 15th levels of people's Governments and Government departments for the disclosure of Government information should be disclosed on the Web site of the Government in this unit.

    This unit has not yet been established that the Government Web sites, by level or by the Government of the people's Government Web site.

    16th Official Gazette of the people's Governments above the county level should establish and perfect system.

    Government regulations and regulatory documents and related policies, planning, programmes and so on, should be timely and full text in the Official Gazette published. 17th people's Governments above the county level shall set up and perfect the Government spokesman system.

    Regularly or from time to time to the news media and social access to important news, important arrangements and progress of work in the communications, answering news media in the region, the work of inquiries.

    Article 18th of major public events, public warning information needs known in a timely manner to the public and other government information through Government websites, news or radio, television and other means publicly available in a timely manner.

    19th administrative organs in accordance with the provisions of the first paragraph of this article Nineth, Bill need to be open to the public and listened to public opinion, through Government websites, newspapers or other accessible to the public knowing way published in a timely manner. 20th in local people's Governments at various levels shall state archives, public libraries (rooms) or Government Affairs Hall Government access to information sites, and are equipped with the necessary facilities, equipment, for the citizens, legal persons and other organizations to facilitate access to government information.

    The administrative organ shall promptly to the national archives, public libraries (rooms) as well as active Government Affairs Hall open government information.

    Administrative authority shall transfer to the national archives records relating to government information, the information belongs to the initiative of the Government should be open, open or will not be made public in writing inform the national archives.

    21st administrative organs as needed, set the public access room, obtain information, information bulletins, information screens and other places, facilities, convenient public access government information, queries, copy.

    22nd before the administrative authorities to disclose Government information, should the Government check, to verify the accuracy of the information Government information relating to other administrative bodies and other relevant organizations, individuals, and the accuracy of the information it is difficult to determine, shall first communicate with, qualify. Open Government information relates to two or more administrative authorities, and open content is not consistent, coordinated by the relevant administrative organs, validation and correction.

    Couldn't agree about the content of the relevant administrative organs, shall be submitted to the public authorities coordinate the resolution of the level of Government information.

    In accordance with the relevant provisions of the State and province, intends to release information needs to be approved by the Government, the executive authorities should be approved before it is published without approval, and shall not be published.

    23rd a citizen, legal person or other organization to the administrative authority for access to other government information disclosure, shall submit the following application:

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

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

    (C) the application form of public government information requirements.

    Applicants will be able to provide Government information the name, symbol, or other feature, it should be stated in application.

    24th applicant there is difficulty in writing applications for disclosure of Government information, oral application by executive staff fill in the application form to receive applications, 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.

    25th apply administrative organ may receive window to facilitate the citizens, legal persons and other organizations for access to government information.

    Qualified people's Government above the county level may be set up to centralize the receipt the application window.

    26th to citizens, legal persons or other organizations to submit applications for disclosure of Government information, the administrative organ shall separately notify 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;

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

    (C) the application does not fall within the scope of Government information as provided herein, it shall notify the applicant in writing and state the situation;

    (D) applications for open government information belongs to the scope of rights and responsibilities, but the authorities did not make or obtain, and shall inform the applicant that the information does not exist;

    (E) public information does not belong to the scope of responsibilities of the Government, it shall promptly inform the applicant, to determine the public institution should also inform the applicant of the organ's name, contact information;

    (Vi) for open government information should not be exposed in the content, but can distinguish between processed, shall inform the applicant was partially open, as well as ways and means of access, withheld part of the reasons shall be given;

    (G) applications for open government information relating to trade secrets, personal privacy, but conform to the 11th paragraph these measures can be made public, it shall inform the applicant for the information of the Government on ways and means;

    (H) the request is not clear, it shall inform the applicant within 15 working days correction, the applicant fails to correct, deemed abandoned application;

    (I) without good reason to repeat the same applicant to the same administrative authority for the disclosure of Government information, administrative agencies have responded, shall inform the applicant will not repeat inadmissible;

    (10) for more public projects, agency may apply in accordance with a Government information corresponding to a form of Government information projects, and inform the applicant to be adjusted. 27th 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 reply; reply deadlines need to be extended, should be agreed by the heads of public agencies of Government information, and inform the applicant.

    Extend the deadline for reply shall not exceed 15 working days. Due to force majeure or other legal cause, the Executive should not reply within the time provided in the applicant or provide Government information to the applicant, the term suspended. Stop time is not calculated within the period specified in the preceding paragraph. Suspended matter is eliminated, term recovery calculations.

    Suspension and restoration of the term and shall promptly notify the applicant accordingly.

    28th the citizens, legal persons or other organizations to provide the administrative authority for the taxes associated with their own pay, social security, health care, certification process, funds and disbursement of Government information, such as items, should produce valid identification papers or documents.

    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.

    29th administrative organs in accordance with open government information could not be provided in accordance with the applicant's, can be arranged by the applicant access to relevant information, providing copies or other appropriate form.

    30th administrative organs shall, in accordance with the People's Republic of China Government information disclosure provisions of 19th, timely preparation, updating of the list of authorities Guide to the disclosure of Government information and open, and announced to the public.

    Administrative authority shall open government information guide and the open directory published in the website and in the national archives, public libraries (rooms) or Government Affairs Hall of Government access to information sites and other review sites prominently placed. 31st administrative organs in accordance with application to the citizens, legal persons and other organizations to provide information, in addition to charging actual retrieval, copying, and mailing costs, such as costs, shall not be charged any other fees. Criteria for retrieving, copying, and mailing costs, in accordance with the relevant provisions of the State.

    Charging costs of retrieving, copying, mailing, etc, should all be turned over to the Government.

    Applicants belonging to the subsistence allowances for urban and rural residents or other financial difficulties, upon his own request, head of the Government information agency 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

    32nd people's Governments above the county level shall establish a sound examination of Government information publicity system, social commentary and accountability systems, strengthening the assessment of Government information disclosure, comment, correcting illegal or improper actions in a timely manner and dealt with.

    Disclosure of Government information departments and supervisory organs are responsible for the administrative authorities supervise and inspect the implementation of the open government information. Article 33rd public work of Government information departments and supervisory organs shall, jointly with relevant departments, to strengthen the next level people's Governments and all sectors of the people's Governments at the corresponding level assessment of Government information disclosure work, and organize social commentary.

    Assessment results and social evaluation results should be considered as part of performance appraisal of the executive authorities, and to the public.

    Article 34th executive authorities at all levels shall before March 31 in each year, on compilation, published annual work report the disclosure of Government information, and submit the grade level and public works departments and supervisory organs of Government information.

    Open Government information annual report should include the following:

    (A) proactively disclosing Government information to the executive authorities;

    (B) citizens, legal persons or other organizations to apply for access to government information;

    (C) the administrative authorities agree to open, partly open and will not be made public the classification of Government information;

    (D) the disclosure of Government information in the administrative reconsideration, litigation and administrative complaints and consequences;

    (E) Government information disclosure of fees and fee waivers;

    (Vi) Government information disclosure problems of work and improvements;

    (G) other matters that require reporting. Article 35th of 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 of Government Information Department reported.

    Received reports of organs should be investigated.

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

    36th Executive authorities in accordance with provisions of article publication of classified government information review mechanism established and perfected by the supervisory organs, administrative organs at a higher level shall be ordered to correct serious, Chief of the Executive shall be subject to punishment.

    37th Executive has one of the following by the supervisory organs, administrative organs at a higher level shall be ordered to correct serious to the direct responsible person in charge and other direct liable persons shall be given sanctions; a suspected crime, transferred to the judicial organs in accordance with the process:

    (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) is not required to be sent to national archives, public libraries open government information guide, directory, or to the active publicity range of Government information;

    (D) charge fees in violation of regulations;

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

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

    (G) the hide or fabricate facts in the disclosure of Government information;

    (VIII) other acts of abuse of power, deception, negligence.

    Article 38th Executive financial disclosure of Government information should be included in the annual budget of the authority, protection of Government information disclosure work normally.

    The fifth chapter by-laws

    39th legal and authorized rights to administer public affairs function public government information activities of the Organization, these measures shall apply.

    40th education, health, family planning, water supply, electricity, gas, heat supply and environmental protection, public transport, postal services, communications, finance and burial is 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. 41st these measures come into force on July 1, 2010.