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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256392.shtml

In Hunan province, the implementation of the People's Republic of China Government information disclosure methods

    (October 27, 2009, Hunan provincial people's Government, the 40th Executive meeting November 16, 2009, Hunan provincial people's Government announced order No. 245, come into force on January 1, 2010) Chapter I General provisions

    Article in accordance with the People's Republic of China Government information disclosure regulations (hereinafter regulations), combined with the facts of the province, these measures are formulated. The second Government of the people's Governments at various levels shall strengthen the information work of organization and leadership.

    Office of the people's Governments above the county level (lounge) is responsible for promoting, directing, coordinating, monitoring the administration of Government information.

    General Office of the people's Government departments above the county level people's Governments at the corresponding level (room) under the unified guidance, coordination and supervision of the public work of Government information put vertical sectors in the competent sector leadership and local Government of unity open government information work carried out under the guidance, coordination; dual-led sector in open government information work under the leadership of the local government, and accept the guidance of the competent departments.

    Departments of people's Governments at and above the county level people's Governments at all levels shall specify the agencies specifically responsible for this level people's Government, the daily work of Government information publicity in this sector, and public government information and other operational work assessment together.

    Third administrative organ intends to release Government information relating to other administrative bodies shall be subject to the administrative authority for confirmation; consensus cannot be reached, by the administrative authority intends to publish the information submitted to the General Office of the people's Governments at the corresponding level (lounge) coordination.

    Fourth administrative authorities to disclose Government information should follow a just, fair and convenient principle. Executive disclosure of Government information should be true and accurate. On the spread of false or incomplete information, and the information related to the administrative organ shall, without delay, through press conferences, media and other clarification.

    If necessary, report to the people's Governments at the corresponding level or by the competent departments concerned.

    Fifth of agricultural product quality security situation, major outbreaks of communicable diseases, a major animal epidemic, important geographic information and data, statistics and other information disclosure of Government information, shall abide by the laws, administrative regulations and other relevant regulations of the State.

    Chapter II scope of public

    Sixth administrative organ shall, consistent with their respective mandates and regulations, defining the scope of disclosure of Government information, prepare, publish and update the disclosure of Government information directory and guide.

    Open Government information directory and a guide layout should be scientific and reasonable, easy to read.

    A higher administrative authority to subordinate administrative organs open government information directory and guide the preparation work to strengthen the guidance and check.

    Article seventh administration in making or keeping the Government information, it shall determine whether the information is public and open categories. On request, open government information, more people will apply Administration finds that can be exposed to active, you can decide to active public.

    But involving trade secrets and personal privacy, it shall seek the right advice.

    Eighth executive to a specific administrative act, it shall be open to the parties and interested persons of the following information:

    (A) specific facts, evidence, evidence, reasons for administrative acts;

    (B) determine the specific administrative act;

    (C) the remedy of specific administrative acts;

    (D) additional information associated with the party or interested person.

    Nineth article administrative organ should in making, and save Government information Shi, in accordance with People's Republic of China conservative national secret method, related provides, on the Government information whether involved national secret or public Hou whether endanger national security, and public security, and economic security and social stable for review; for cannot itself determine of, should reported about competent sector or sibling confidential work sector determine, about competent sector or sibling confidential work sector should in received administrative organ of asked Hou 10 a days within determine.

    Review is a State secret or publicly might endanger national security, public safety, economic security and social stability of Government information will not be made public; the main content need to be known to the public or be involved in, but some government information involving State secrets shall be subject to the statutory procedure to decrypt or remove confidential content, be made public.

    Tenth administrative organ shall make or save the Government information, in accordance with the People's Republic of China against unfair competition and other related provisions of the law, to review the Government information related to trade secret in accordance with the People's Republic of China resident identity cards and other related provisions of the law, conduct a review of whether the Government information related to personal privacy. Reviewed as trade secrets or personal privacy, should seek the views of rights holders in writing by intends to open; right to disagree openly, shall not be disclosed. But the Administration finds that the public may have a significant impact on public interests, shall be made public, and will determine the content and reasons to notify the right holder; laws and regulations, compensation for the loss caused to the right holder, the administrative organ shall be compensated according to law.

    There is evidence that the right holder has been notified in writing, the holder fails to respond to justified and does not provide a response, deemed to have agreed to open.

    Chapter III public way

    11th administrative organ shall take the initiative to disclose Government information, through Government websites, Official Gazette, news conferences and newspaper, radio, television, and other easy to expose well-known to the public and in the national archives, public libraries and other places set up government access to information sites.

    The people's Government above the county level shall be based on the Government Portal website and Official Gazette of the Government of the people's Governments at the corresponding level for unified information release platform.

    12th Government of the people's Governments above the county level shall strengthen portal, Department website for the station's construction group Government Web site, set up under the lower level people's Governments at a higher level people's Government Portal Web site.

    Executive disclosure of Government information must be openly in the portal site, a subsite; Government departments to formulate normative documents, must be at the same level people's Government Portal Web site.

    Portal sites, subsites, the people's Government at various levels shall promptly update on-line information, retrieve, download, print and provides information and other services.

    Official Gazette of the 13th people's Governments above the county level shall edit.

    The people's Governments at the corresponding level and departments were established within the statutory authority, regulations and regulatory documents and major administrative decisions and other important government information disclosure, you must open the people's Governments at the corresponding level bulletin.

    Official Gazette shall be issued free of charge to the relevant authorities, enterprises, the national archives, public libraries, government services, community services, and so on.

    Township people's Governments should use bulletin boards and other forms of access to government information.

    14th covers a wide range, and needed quickly aware of Government information to the public, the administrative organ shall, without delay, through the press, radio, television and other news media.

    Administrative bodies should provide convenience for news media interviews.

    15th major natural disasters, accidents, public health incidents and social security, and other important government information to be known to the public, the administrative organ shall promptly through the press conference.

    Spokesman for the Government of the people's Governments and relevant departments at or above the county level shall determine.

    16th levels national archives, public libraries are places of public access to government information at the same level.

    Administrative organs shall be submitted at the national archives, public libraries provide proactive disclosure of Government information paper and electronic text.

    17th administrative authorities shall, to administrative services, establishing information check out community service or information request for inspection, electronic information screens and other government information sites or facilities, and the people's Governments above the county level shall step by step in the large shopping malls, hotels, stations, terminals and home (village) Commission offices placed in public places such as government information directories, guides and other government information.

    Article 18th Executive to the major administrative decisions and major administrative enforcement decisions concerning public interest, should be through public hearings, seminars and other means to release the information.

    Government formulated local laws and regulations, government regulations and other major administrative decisions should be on the Government Portal website for public comment on the draft.

    19th administrative authorities held concerning the immediate interests of the general public administration Conference, topics, time, place of the meeting can be made public, can sign up to attend selection or invite the public on behalf of the public to attend.

    Fourth chapter of public programs 20th article administrative organ making of Government information, by making the information of administrative organ is responsible for public; administrative organ from citizens, and corporate or other organization gets of Government information, by save the information of administrative organ is responsible for public; administrative organ from other administrative organ gets, and save of Government information, by provides the information of administrative organ is responsible for public, but administrative organ on the information for has processing processing of, by processing processing of administrative organ is responsible for public.

    Otherwise provided by laws and regulations, from its provisions.

    Due to the reform of Government Department of Government information that no longer retained, continue to perform the functions of the departments responsible for the public. 21st Government information should be in the form, change or save within 10 working days of the date open. Due to exceptional circumstances, within 10 working days cannot be disclosed, shall not exceed 20 working days at the latest disclosure.

    Otherwise provided by laws and regulations, from its provisions.

    22nd Executive Office or administrative service establishments accepting the application window, receives access to government information by citizens, legal persons and other organizations to apply.

    Citizens, legal persons or other organizations may apply to the form of a data message.

    23rd, an administrative authority shall publish the application model to help applicants in this official website for free download and office space. Article 24th applications for access to government information, the administrative organs shall register.

    Materials do not meet the requirements of the application, inform the applicant of correction applicant fails to correct the, deemed withdrawal of the application.
Administrative organs shall not refuse the applications of the citizens, legal persons or other organizations, the applicant shall not be required to apply to the Agency, and shall not discriminate against the applicant.

    25th to the admissibility of the application, the administrative organ shall, depending on the circumstances and to reply in writing within the time limit prescribed in the regulations, can answer off the cuff answer off the cuff, the Executive shall not be delayed or refused to answer:

    (A) have openly, ways and means to inform the applicant to obtain the information, or provided to the applicant;

    (B) in accordance with conditions in public has not been made public, provide to the applicant, which shall be open to the public, should also be provided to the public;

    (C) falls within the scope will not be made public, the reasons of the advise the applicant will not be made public;

    (D) does not belong to the public or the Government information does not exist, the reasons of the advise the applicant will not be made public; to be able to determine if the disclosure of Government information, inform the applicant of the public authority's name, contact information; information prior to the commencement of the Ordinance the Government bodies have already been transferred to the archives and archival work, inform the applicant of the archive or the archive name, contacts.

    The same applicant to the same administrative authorities in respect of the same content repeated open application, the administrative organ may not duplicate responses.

    To apply for access to government information, if the information produced by government departments, the Government may appoint a Government response.

    26th the administrative organ shall not violate the regulations provide for the fees to the applicant, the applicant shall not be required by other organizations or individuals with paid access to government information. 27th citizen, legal person or other organization has evidence that the Administration open or save information is not accurate, you can require that the executive authorities be corrected; the executive authorities have no right to correct, it should be forwarded to the Executive the right to correct.

    Administrative bodies do not correct the information relevant to the applicant's own Government, shall inform the applicant in writing the reasons, and in the information note the applicant believes that accurate information and reasons for, the evidence. On the request of citizens, legal persons or other organizations, the administrative organ shall be processed on the spot.

    Cannot be dealt with on the spot, shall not exceed 10 working days at the latest, and shall inform the applicant.

    Fifth chapter monitoring and protection

    28th provincial government information public institutions to set up government information and statistics system.

    29th the administrative organ shall prepare a public annual report on the work of the Government information, adopted on March 31 of the following year the local government portal website, departmental website, Web pages, and other media to the public.

    The people's Government above the county level departmental annual report on disclosure of Government information should be reported on March 10 of the following year General Office of the people's Governments at the corresponding level (room) the record. Article 30th citizens, legal persons or other organizations believe that the Executive does not perform its obligation of disclosure of Government information, can contribute to the supervisory organ or Office of the Government of the same level (lounge) reports received reports of organs should be investigation and treatment in the 20th and written reply to informer.

    Disposition, informants can be higher administrative organ, the supervisory organ or the Office of the Government (RM) report received reports of organs should be investigation and treatment in the 20th and written reply to informer.

    Article 31st of citizens, legal persons and other organizations believe that the Executive is not disclosing Government information on violations of the legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit.

    32nd relevant provisions of administrative organs in violation of these regulations, penalties in accordance with the regulations.

    33rd levels of people's Governments, the people's Governments above the county level sector requirements for the disclosure of Government information should be included in the budget.

    The sixth chapter supplementary articles

    Article 34th organization authorized by the laws and regulations of the Government information disclosure work, these measures shall apply to the provisions of the Executive.

    Article 35th education, health care, family planning, culture, water, electricity, gas, heat supply and environmental protection, public transport, telecommunications, postal services, financial services, social security, agriculture and closely related to the interests of the people of public enterprises and institutions shall, in accordance with this approach, take the initiative to public charges, prices and other information involving public interests, the general interest of the community.

    Citizens, legal persons and other organizations can move forward under the request for information.

    Article 36th village (neighborhood) committees to assist the relevant administrative authorities through the village affairs, conferences, radio and other forms of public Government of the following information:

    (A) agriculture-related items, the standard and basis;

    (B) the minimum living allowance, cooperative medical care subsidies, subsidies for farmers to grow grain and relief funds for disaster relief, such as fee payments;

    (C) the minimum purchase price for grain;

    (D) public health policy;

    (E) implementation of the family planning;

    (F) allocation of land expropriation and compensation, use;

    (VII) other open government information. 37th article of the rules implemented on January 1, 2010.