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In Hunan Province, The Implementation Of The People's Republic Of China Government Information Disclosure Methods

Original Language Title: 湖南省实施《中华人民共和国政府信息公开条例》办法

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Modalities for the implementation of the Public Regulations of the Government of the People's Republic of China

(Adopted by the 40th ordinary meeting of the Government of the Southern Province on 27 October 2009, No. 245 of the Order of the Government of the Great Lakes Region of 16 November 2009, issued as from 1 January 2010)

Chapter I General

Article 1 establishes this approach in line with the Public Regulations on Information of the Government of the People's Republic of China (hereinafter referred to as a brief regulation).

Article 2 Governments at all levels should strengthen the organizational leadership of public information. The Executive Office of the People's Government (rooms) at the district level is responsible for promoting, guiding, coordinating and monitoring public information in the current administrative region.

More than the population at the district level is guided by, coordinated and monitored by the Government's Office (rooms) to conduct public information; that the vertical-led sector is guided by the leadership of the superior authorities and the Government of the people at the local level, coordinated public work on government information; and that the dual-led sectors conduct public information under the leadership of the people's government and receive guidance from the top-level authorities.

Governments at all levels, as well as at the district level, should designate institutions specifically responsible for the day-to-day work of the Government of the people at this level, the Government's information in the sector, and to conduct public work with other business.

Article 3. The Government information to be issued by the executive branch concerned other administrative bodies, which should be confirmed by the administrative body; it cannot be agreed to be coordinated by the executive branch that would publish the information.

Article IV. Public government information by executive organs should be guided by the principles of justice, equity and public access.

Public government information by executive organs should be true and accurate. The administrative bodies concerned with the information should be clarified in a timely manner through press conferences, media. Where necessary, the situation is reported to the current people's Government or to the superior authorities.

Article 5 provides public information on the quality of agricultural products, the prevalence of major infectious diseases, major animal epidemics, important geo-information data and statistical information, and should be adhered to legal, administrative and other relevant national provisions.

Chapter II Public scope

Article 6. The executive organs shall define, publish and update the Government's public directory and guidelines, in accordance with their respective responsibilities and regulations, the specific scope of the information of the public government.

The Government's publication of public inventories and guidelines should be scientifically sound and accessible.

The top-level executive body has strengthened guidance and inspection on the preparation of public inventories and guidelines for the next executive branch.

Article 7. In the production or preservation of government information, the executive body shall determine whether the information is open and open.

More public information on the application is submitted, and the executive body considers it possible to be converted to a public initiative and may decide to be converted to a public initiative. However, in relation to commercial secrets and personal privacy, the rights should be consulted by law.

Article 8

(i) Facts, evidence, grounds and reasons for specific administrative acts;

(ii) Specific administrative action decisions taken;

(iii) Access to relief for specific administrative acts;

(iv) Other information relevant to the parties, the stakeholders.

Article 9. The executive body shall, in the production, preservation of the information of the Government, review the information of the Government in accordance with the relevant provisions, such as the conservative National Secret Act of the People's Republic of China, whether it relates to State secrets or whether public information endangers national security, public safety, economic security and social stability;

The public information that is subject to review of State secrets or public disclosure may endanger national security, public safety, economic security and social stability is not open; public awareness or participation is required for the main content, but the content of which involves State secret government information, which should be made public after the statutory process is deflected or deleted.

Article 10. The executive body shall, when producing or preserving information from the Government, review the information of the Government in accordance with the relevant provisions of the People's Republic of China Anti-Friend Competition Law, whether it relates to commercial secrets, in accordance with the relevant provisions of the People's Republic of China Residential Identification Act.

A review of commercial secrets or personal privacy should seek the views of the owner in advance of the public submission; the author does not agree to the public and shall not be public. However, in the opinion of the executive branch that there may be a significant impact on public interest, it should be open and informed of the right in writing of public content and grounds; legal provisions stipulate compensation for the damage suffered by the author and the administrative organs should be compensated by law. There was evidence that the author had received a written notice and that the right had been deemed to be open to the consent of the author to receive the grounds for the non-requirement.

Chapter III

Article 11. The executive organs shall make the proactive public information available to facilitate public awareness through Government websites, government bulletins, press conferences, and newspapers, radio, television, etc., and establish government information access sites in places such as national archives, public libraries.

More than the people's governments at the district level should make a platform for government information that is harmonized by the current people's Government through the Government portal and the Government's bulletin.

Article 12. The Government of the people at the district level should strengthen the Government's portal as the lead station and the Government's website for sub-sites, and the Government of the lower-level people could establish sub-the-stop websites under the Upper People's Government portal.

The executive organs have offered to make public information publicly available on the portal, on the website; normative documents developed by the Government must be made public at this level.

People's Government portals, sub-sites should be updated in a timely manner and provide information on access to, download and printing services.

Article 13

The regulations, normative documents, major administrative decision-making outcomes and other important public information that are developed by the Government and the sector within the statutory competence must be made public in the Official Gazette of the people at this level.

Government bulletins should be issued free of charge to the relevant organs, businesses, national archives, public libraries, political services, community service places.

The Government of the communes should use public information, such as the publicity column.

Article 14 involves a wide range of governmental information that requires prompt public information, and the executive organs should be made public in a timely manner through media such as newspapers, radio, television.

The executive branch should facilitate the media interviews.

Article 15. Major natural disasters, accidents, public health incidents and social security events, as well as other important government information that needs to be known to the public, should be made public through press conferences in a timely manner.

More than the people at the district level and relevant government departments should determine the press spokesperson.

Article 16 states, public libraries, at all levels, are public access points for the same-ranking people's Government.

The executive branch should provide the same-ranking national archives, the public libraries with paper and electronic texts that are active and open government information.

Article 17 The executive branch shall establish access rooms or facilities for government information, such as government services, community service sites, or information requests, e-information clinics, etc., and the Government of the people at the district level shall gradually place information on government information in public places such as large chambers of commerce, guests, vehicle stations, terminals and residence (farm) National Commission office.

Article 18 Priorities for executive organs to make major administrative decisions and major administrative law enforcement decisions involving public interest, information should be made publicly available, including through hearings, colloquiums.

The draft local legislation, government regulations and other major administrative decision-making programmes developed by the Government should be publicly consulted on the Government's portal.

Article 19 The executive body convenes administrative meetings involving public interest, which may be open, time, place, to select representatives or to invite public representatives to be heard from the public.

Chapter IV Open procedures

Article 20 Government information produced by the executive branch is open by the executive body that produces the information; government information obtained by the executive branch from citizens, legal persons or other organizations is made public by the executive body responsible for the preservation of the information; government information obtained and maintained by the executive branch from other administrative bodies, which is open by the administrative body responsible for the provision of the information, but the administrative body is responsible for processing the information. The law, legislation and regulations provide otherwise, from their provisions.

Government information that is no longer reserved for the reform of government institutions is publicly responsible for the sectors that continue to perform their functions.

Article 21 Government information should be made public within 10 working days of the date of its formation, change or preservation. The special situation cannot be made public within 10 working days, not later than 20 working days. The law, legislation and regulations provide otherwise, from their provisions.

Article 22 states that the executive branch shall establish a request window at the office or at the political service premises to harmonize the application for access to government information by citizens, legal persons and other organizations.

Civil, legal or other organizations may apply in the form of data power.

Article 23 should be published by the executive branch to facilitate the free access of applicants on the website of the organ.

Article 24 Applications for access to government information should be registered by the executive branch. The request material is not in accordance with the request and is communicated to the applicant to the process; the applicant is lately closed and is deemed to have withdrawn the application.

The executive branch shall not reject the application of citizens, legal persons or other organizations and shall not request the applicant to apply to an intermediary institution and shall not discriminate against the applicant.

Article 25 shall, in accordance with different circumstances and within the time period specified by the Regulations, be able to respond to the circumstances at which the administrative organ shall not delay or refuse to respond:

(i) It has been made public to inform the applicant of ways and means of obtaining the information or to provide the applicant;

(ii) In accordance with public conditions that have not been made public and should be made available to the applicant, which should be made public in society and should also be made public in accordance with the provisions;

(iii) It is not open to informing the applicant that there is no public reason;

(iv) The public information that does not belong to the organ's public or the Government does not exist to inform the applicant of the reasons for not being public; to inform the applicant of the name, communication and manner of the public organ that would be able to determine the information of the Government; and the Government information before its implementation has been transferred to the Archives and Archives to inform the applicant of the name and contact of the Archives or Archives.

The administrative authorities may not repeat their responses to the same applicant's repeated public application to the same administrative body on the same content.

The Government is asked to obtain information from the Government and if the information is produced primarily by the Government, the Government may entrust the Government with its response.

Article 26 shall not be charged by an administrative organ to the applicant in violation of the provisions of the Regulations, nor shall the applicant be required to obtain information from the Government through other organizations, individuals in a reimbursable manner.

Article 27, civil, legal or other organizations, provides evidence of the inaccurateness of public information of the executive branch, may require that the administrative organ be corrected; the administrative organ shall not be subject to correction and shall be transferred to the administrative body entitled to correction. The executive branch shall not corrections the information of the Government concerned to the applicant itself and shall inform the applicant in writing of the reasons and, after that information, the applicant considers accurate information and grounds, evidence.

Any corrections request to citizens, legal persons or other organizations shall be dealt with by the executive organs at the same time. When the site cannot be processed, no later than 10 working days may be processed and the applicant is informed in writing.

Chapter V

Article 28 establishes an open statistical system of government information by the provincial Government's public working body.

Article 29 should prepare an annual report on the public work of the Government of this organ, which was made available to society by 31 March of the next year through media such as the National Government's portal, the sectoral website, the web page.

The annual report on the public information of the Government's authorities at the district level should be submitted to the Executive Office of the Government of the People at this level by 10 March.

Article 33 Civil, legal or other organizations consider that administrative organs are not in compliance with public information obligations under the law and may report to the supervisory body or the Government's Executive Office (rooms) that the body receiving the report shall investigate and write the reporters within 20 days. In order to deal with the inconsistency, the reporting person may report to the superior administrative body, the inspector or the Government's Executive Office (room) that the reporting authority shall investigate and write the reporters within 20 days.

Article 33 Civil, legal and other organizations consider that the administrative body violates its legitimate rights and interests in relation to specific administrative acts that do not open the information of the Government, may apply to administrative review or administrative proceedings in accordance with the law.

Article 32 punishes the administrative organs in violation of the relevant provisions of this scheme.

Article 33 Governments at all levels of the people's government, and more people at the district level should incorporate the requirements for public information into the financial budget.

Annex VI

Article 34, Law, statutes authorize public information from the organization and apply the provisions of the administrative organs of the scheme.

Article 35 Education, health, family planning, culture, water supply, electricity, heating, environmental protection, public transport, telecommunications, postal, financial, social security, agricultural services, etc., should, in accordance with this approach, offer public fees, prices and other information that concerns the public interest and the general interest of society.

Citizens, legal persons and other organizations may apply for information to the units set out above.

Article XVI Village (HL) assists the relevant executive authorities in making public information available to the Government through the public columns, conferences, radio etc. of village councils:

(i) Affordable projects, standards and basis;

(ii) Minimum living guarantees, cooperative medical subsidies, farmers' food subsidies, and relief funds;

(iii) Minimum acquisition of protection prices;

(iv) Public health policies;

(v) Implementation of family planning;

(vi) The distribution, use and payment of royalties on land;

(vii) Other public information.

Article 37