Shaanxi Provincial People's Government On The Amendment Of The Decision Of The Shaanxi Provincial Government Information Disclosure Regulations

Original Language Title: 陕西省人民政府关于修改《陕西省政府信息公开规定》的决定

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(May 16, 2008 Shaanxi Province Government makes 134th, announced since announced of day up purposes) according to People's Republic of China Government information public Ordinance, Province Government decided on Shaanxi Provincial Government information public provides for following modified: a, and will second article first paragraph modified for: "This provides by said of Government information, is refers to levels administrative organ and legal, and regulations authorized of has management public affairs functions of organization in perform duties process in the making or gets of, to must form records, and Saved information.
    "The deletion of the second paragraph. Second, the first paragraph of the article is revised as follows: "administrative organs at various levels in the province, as well as legal and authorized rights to administer public affairs organization is open government information people (hereafter referred to as public), shall perform the duties to open government information. "The third, the seventh article is revised as follows:" public information produced by the Government, by making the disclosure of Government information who is responsible for the public; open from citizens, legal persons or other organizations to obtain government information, saved the Government information by the public who is responsible for the public.
    Laws and regulations on the disclosure of Government information otherwise provided by permission from its provisions. Public person before disclosing Government information, authenticity intends to open government information should be reviewed, shall not publish unverified information. "Four, by deleting the eighth paragraph (d) of item (15) the amendment to subsection (14), reads:" in accordance with the laws, regulations and other relevant regulations of the State shall take the initiative to open government information. "One paragraph is added as the second paragraph, reads:" in accordance with laws, administrative regulations and the relevant provisions of the State, release of agricultural product quality security situation, major outbreaks of communicable diseases, a major animal epidemic, important geographic information and data, statistics and other information, should be implemented strictly in accordance with the provisions of jurisdiction and the procedures. "As the third paragraph to the second paragraph, is amended as:" active openness of Government information, public person shall, within 20 working days after the information made public. Laws and regulations on Government information disclosure provisions of term, from its provisions.
    "The deletion of the third paragraph.
    Five, the article is changed to: "open not open that involve State secrets, business secrets and personal privacy of Government information. The rights holders agree to open or public who do not think the public may have a significant impact on public interests relating to trade secrets, privacy of Government information can be made public.
    "Six, by deleting article tenth part (c) of" magazine "and paragraph (d) of the" information Office ". Seven, the 12th article is revised as follows: "citizens, legal persons and other organizations asking for additional government information outside the scope of disclosure shall be made in writing (including the form of a data message) application; there is difficulty in writing, the applicant may apply orally, by accepting an application for the public people fill in the disclosure of Government information request.
    Applications shall include the following information: (a) the name or title of the citizens, legal persons and other organizations, contact information, (ii) description of Government information and required forms requirements. Citizens, legal persons or other organizations to provide the public applications relevant to their own taxes to pay, social security, medical and health information, should produce valid identification papers or documents.
    "Eight, 14th revised as follows:" the public receives Government information disclosure application can answer off the cuff should be answered on the spot. Public person can't answer off the cuff, shall from the date of receipt of the application within 15 business days with a response; if extension of response is required, shall be agreed by the head of Government information agency, and inform the applicant, extend the deadline for reply shall not exceed 15 working days.
    "Nine, an article shall be added as the 16th article, says:" the public person to apply for the provision of Government information, in addition to charging costs of retrieving, copying, mailing, costs, shall not be charged other fees.
    Public charging retrieval, copying, mailing costs, such as standard in accordance with national regulations. Citizens applying for public government information of genuine economic difficulties, upon his own application, open Government Information Agency Director approval, can reduce associated costs. "Ten, modify the 16th to 17th, says:" the public person through other organizations, individuals with paid services delivery of Government information. "Plenary, and will 20th article modified for 21st article, provisions in the of" public people violation this provides, has following case one of of, competent organ should ordered its corrected; plot serious of, by monitored organ or competent organ on negative directly responsibility of competent personnel and other directly responsibility personnel give administrative sanctions "modified for:" public people violation this provides, has following case one of of, by monitored organ, and Shang level administrative organ ordered corrected; plot serious of,
    Negative supervisor is directly responsible and other persons directly responsible shall be given administrative sanctions; a suspected crime, transferred to the judicial authorities to investigate and punish. " Add a subsection (a), reads: "publish unverified information. "12, an article shall be added as article 22nd, reads:" education, health care, family planning, water supply, electricity, gas, heat supply and environmental protection, public transport and other public enterprises closely related to people's interests in the provision of public services to the community in the process of production, access to the public, with reference to these provisions.
    "In addition, the ordinal adjustments to the relevant provisions.
    Purposes from the date of publication of this decision.

    The Shaanxi Provincial Government information disclosure regulations consequential amendment in accordance with this decision and publish it again.
    Attached: Shaanxi Provincial Government information public provides (2008 amendment this) (December 10, 2005 Shaanxi Province Government makes 108th, released according to May 16, 2008 Shaanxi Province Government on modified straddling Shaanxi Provincial Government information public provides of decided Amendment) first article to improve government work of transparency, guarantees citizens, and corporate and other organization of informed right, supervision administrative organ law perform duties, according to legal, and regulations of about provides, according to I province actual, developed this provides.
    Government information referred to in these provisions in article, refers to the administrative authorities at all levels, as well as legal and authorized rights to administer public affairs functions of the Organization in carrying out its responsibilities in the process of making or obtain, record, maintained in some form of information.
    Article III administrative organs at various levels in the province, as well as legal and authorized rights to administer public affairs organization is open government information people (hereafter referred to as public), shall perform the duties to open government information.
    General Office of the provincial government responsible for guiding the implementation of the provisions.
    Districts and cities, County (city, district) people's Government Office (room) responsible for guiding the implementation of the provisions in their respective administrative areas.
    Fourth joint meeting of the Government of the people's Governments above the county level should establish information system, by the Office of the Government of the joint (room) and the legal work of the Government bodies, monitoring bodies, and other relevant government departments, is responsible for studying, coordinating and advancing the opening of Government information services.
    Fifth public shall specify the relevant body to deal with the disclosure of Government information services, in charge of the daily work of Government information, and the establishment of Government information disclosure procedures and systems.
    Sixth Government information disclosure should follow legal, real, timely and convenient principle. Seventh public information produced by the Government, by making the disclosure of Government information who is responsible for the public; open from citizens, legal persons or other organizations to obtain government information, saved the Government information by the public who is responsible for the public.
    Laws and regulations on the disclosure of Government information otherwise provided by permission from its provisions.
    Public person before disclosing Government information, authenticity intends to open government information should be reviewed, shall not publish unverified information. Eighth article public people should according to their duties, active to social public following Government information: (a) Government regulations and public people developed of and economic, and social management and public service, activities related of file; (ii) economic social development planning, and plans and implementation situation; (three) province domain town system planning, and city general planning, and city detailed planning and land using general planning, planning; (four) effect public personal and property security of outbreak, and disaster or other burst event of forecast, and occurred and processing situation
    ; (Five) education, and social security, and labor employment, and poverty, and special care and placed, aspects of conditions, and standard and implementation situation; (six) land levy and expropriation, and housing demolition of approved file, and compensation standard, and placed programme, situation; (seven) administrative law enforcement matters of subject, and according to and program; (eight) administrative license matters of implementation organ, and according to, and conditions and program and administrative charges project of according to and standard; (nine) major based construction project of public tender bid situation and engineering progress situation;
    (10) Government concentrated procurement project of directory, and Government procurement limit standard, and procurement results and supervision situation; (11) Government financial budget, and accounts and actual spending of audit situation; (12) levels Government work sector of management functions and adjustment, and changes situation; (13) civil servants audition, and hired and public elected cadres of conditions, and program, and results, situation and legal, and regulations authorized of has public affairs management functions of institutions in the except workers service personnel yiwai of staff of Audition, and hired situation;
    (14) in accordance with the laws, regulations and other relevant regulations of the State shall take the initiative to open government information.
    In accordance with laws, administrative regulations and the relevant provisions of the State, release of agricultural product quality security situation, major outbreaks of communicable diseases, a major animal epidemic, important geographic information and data, statistics and other information, should be implemented strictly in accordance with the provisions of jurisdiction and the procedures. Disclosure of Government information, public person shall, within 20 working days after the information made public.
    Laws and regulations on Government information disclosure provisions of term, from its provisions.
    Nineth public not involving State secrets, business secrets and personal privacy of Government information. The rights holders agree to open or public who do not think the public may have a significant impact on public interests relating to trade secrets, privacy of Government information can be made public.

    Tenth Article active public of Government information should through following a or variety form timely be public: (a) Government website; (ii) levels national integrated archives; (three) Government bulletin or newspaper, and TV, and broadcast, news media; (four) public bar, and electronic screen, and electronic touch screen, facilities; (five) Government information public service hotline; (six) Government Press Conference; (seven) other easy public timely, and accurate get information of form. 11th a citizen, legal person or other organization can expose people to apply for a public government information other than this article eighth public who shall apply for the public.
    Laws, rules, regulations and provisions except prohibited public content. 12th the citizens, legal persons and other organizations asking for additional government information outside the scope of disclosure shall be made in writing (including the form of a data message) application; there is difficulty in writing, the applicant may apply orally, by accepting an application for the public people fill in the disclosure of Government information request.
    Applications shall include the following information: (a) the name or title of the citizens, legal persons and other organizations, contact information, (ii) description of Government information and required forms requirements.
    Citizens, legal persons or other organizations to provide the public applications relevant to their own taxes to pay, social security, medical and health information, should produce valid identification papers or documents. 13th article public people received application Hou, according to following situation give written replies: (a) belongs to this provides eighth article provides or according to application should public of, should to applicants provides the Government information; (ii) belongs to from public range of, should told applicants not public of reason and according to; (three) not belongs to accepted organ master range of, should told applicants, on can determine the information master organ of, should active told applicants; (four) application public of Government information not exists of,
    Shall inform the applicant; (v) the application requirements are not clear, it shall notify the applicant change, Supplement.
    14th public receives Government information disclosure application can answer off the cuff should be answered on the spot.
    Public person can't answer off the cuff, shall from the date of receipt of the application within 15 business days with a response; if extension of response is required, shall be agreed by the head of Government information agency, and inform the applicant, extend the deadline for reply shall not exceed 15 working days.
    15th public person according to the application to provide Government information, conditional can arrange a suitable time and place for applicants read or copied.
    16th public person according to the application to provide Government information, in addition to charging costs of retrieving, copying, mailing, costs, shall not be charged other fees.
    Public charging retrieval, copying, mailing costs, such as standard in accordance with national regulations.
    Citizens applying for public government information of genuine economic difficulties, upon his own application, open Government Information Agency Director approval, can reduce associated costs.
    17th open one through other organizations, individuals with paid services delivery of Government information.
    18th public shall prepare the list of Government information subject to disclosure.
    Directory of Government information should be adjusted and updated.
    Directory of Government information Government information shall be recorded the name, brief description of the basic content and the date.
    19th provincial, district and municipal people's Governments shall establish and improve government news release system, published by the Press Secretary on behalf of the Government of Government information.
    Relevant departments of the provincial government and the County (city, district) people's Government according to the actual need to build up the sector and the region news release system.
    Sectors and regions that are not established the news release system, in case of unexpected public incidents, Shaanxi Province, according to the relevant provisions of the general public emergency contingency plan, held a press conference, public events related to the situation.
    20th open one of institutions responsible for disclosure of Government information should be the name, Office address, office hours and contact information to the public, citizens, legal persons and other organizations, counselling and referrals.
    21st article public people violation this provides, has following case one of of, by monitored organ, and Shang level administrative organ ordered corrected; plot serious of, on negative directly responsibility of competent personnel and other directly responsibility personnel give administrative sanctions; suspected crime of, transferred judicial organ law investigation: (a) released without verified of Government information of; (ii) not perform active public obligations or not timely update active public content of; (three) not provides or not timely update this organ Government information directory of;
    (D) the Government subject to public information, to hide or refused on other grounds provided by the applicant; (v) breach charges; (vi) any other violation of the provisions of the Act.
    22nd in education, health care, family planning, water supply, electricity, gas, heat supply and environmental protection, public transport and other public enterprises closely related to people's interests in the provision of public services to the community in the process of production, access to the public, with reference to these provisions.
                                    23rd these provisions come into force on January 10, 2006.