Ningbo, Ningbo Municipal People's Government On The Amendment Of The Decision Of The Provisions On The Disclosure Of Government Information

Original Language Title: 宁波市人民政府关于修改《宁波市政府信息公开规定》的决定

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(April 8, 2008 Ningbo Government 25th times Executive Conference considered through April 16, 2008 Ningbo Government makes 155th, announced since May 1, 2008 up purposes) City Government decided on Ningbo Municipal Government information public provides (City Government makes 124th,) for following modified: a, and first article modified for: "to guarantees citizens, and corporate and other organization of informed right, promote government behavior just transparent, improve government service level, according to People's Republic of China Government information disclosure regulations and the provisions of relevant laws and regulations, combined with the city's actual, these provisions are formulated. "Second, the second paragraph is amended as:" the Executive in these rules refers to the city people's Governments at all levels and functions of departments, government agencies, and other organizations exercising administrative functions according to law. "Three, fourth is amended as:" open government information should follow the principles of fair, equitable, accessible. "Four, seventh revised to read:" the executive authorities shall designate the authorities dealing with government information services of the specialized agencies, in charge of the daily work of Government information, the implementation of the People's Republic of China regulations on disclosure of Government information Government information under the article fourth of the responsibilities of public bodies. "Five-eighth, is revised as follows:" people's Governments at all levels open government information requirements should be included in the annual budget, ensuring normal progress of Government information disclosure activities. "" The Administration the Authority's information activities should be paid for. "Six, and Nineth article first paragraph subsection (ii) items third accounts modified for:" levy or expropriation land, and housing demolition and compensation, and grants costs of issued, and using situation; "Nineth article first paragraph third items increased two accounts, respectively as Nineth article first paragraph subsection (three) items Fifth accounts, and VI accounts:" 5. rescue relief, and special care and, and relief, and social donor, paragraph real of management, and using and distribution situation; 6. administrative career sex charges of project, and according to, and standard; "Nineth article increased two items, Respectively as Nineth article first paragraph subsection (six) items and subsection (seven) items: "environmental protection, and public health, and safety, and food drug, and products quality, and education, and traffic, administration in the of major supervision check situation; legal, and regulations, and regulations provides should public of involved citizens, and corporate or other organization vital interests of, need social public widely knows or participation of other government information. "Seven, add one, as the tenth:" the township (town) people open government information, in accordance with the People's Republic of China Government information disclosure provisions of article 12th. "Eight, 11th is revised as follows:" citizens, legal persons and other organizations in the exercise of rights of access to government information, and shall not infringe upon privacy, trade secrets, State secrets or other public interests, except as otherwise provided by laws, rules and regulations.
    "Nine, 15th paragraph two of article:" the Administration found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, shall, within its terms of reference released accurate, complete set of information to be clarified. Executive authorities to disclose Government information should not endanger national security, public safety, economic security and social stability. "Ten, and 16th article first paragraph modified for:" according to this provides Nineth article should public of Government information, administrative organ should in making, and get or has the Government information of day up 20 a days within used following a or several carrier timely be public: (a) Government bulletin or newspaper, and magazine and the broadcast, and TV, public media; (ii) Internet Shang of administrative organ website; (three) administrative organ Press Conference; (four) in administrative organ main office locations, to established of public check out room, and Obtain information, Government information bulletin board, electronic screens and other places or facilities; (e) are accessible to the public timely and accurate access to government information by other carriers.
    "Plenary, 18th read:" the national archives, public libraries should set Government access to information sites, and are equipped with the necessary facilities, equipment, for the citizens, legal persons or other organizations to facilitate access to government information. The administrative organ shall promptly to the national archives, public libraries provide proactive disclosure of Government information. "12, 20th is amended as:" the executive organ of Government information disclosure shall be compiled guides and belongs to the list of active publicity range of Government information. 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. Addition of a paragraph, as the second paragraph: "list of Government information disclosure should include government information index, name, summary, date and other information. "13, and 23rd article increased two items, respectively as 23rd article subsection (five), and (six) items:" (five) Government information public of charges and the relief situation; (six) Government information public work exists of problems and the improved situation; "14, and 24th article first paragraph modified for:" citizens, and corporate and other organization according to this provides 12th article requirements get government information of, should used letters, and fax, and electronic data exchange and e-mail, written form; used written form does have difficult of, Applicants may be formulated orally, filled in by the admissibility of the application on behalf of the Executive, to master the Government agencies for the Government information. "Adding a paragraph to article XV, 30th as the fourth paragraph:" open government information related to the rights of third parties, administration time required to seek third party advice is not calculated within the period specified in the first paragraph of this article. "16, 32nd, the first paragraph is amended as:" the Administration request, provide Government information, due to the request of the applicant provided retrieving, printing, copying, and mailing services, and recovery of certain costs and fees in accordance with the relevant provisions of national and provincial standards.
    "Two respectively as the second and third paragraph:" the citizen applying for public government information of genuine economic difficulties, upon his own application, open Government Information Agency Director approval, can reduce associated costs. Public citizen reading difficulties or Visual barriers to government information, administrative organ shall provide necessary assistance. "17, and 32nd article to 34th article, modified for:" administrative organ violation this provides, has following case one of of, by Government information public competent sector ordered corrected; plot serious of, by monitored sector or competent administrative organ on directly is responsible for of competent personnel and other responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) not perform active public obligations, and not timely update active public content of; (ii) not provides or not timely update this organ of do guide, and Government information directory of; (three) on meet statutory conditions of applicants, hide or not provides should public of Government information of, violation provides charged costs of; (four) not law corrections and applicants about of records errors of information of; (five) provides of Government information not real of or public not should public of Government information of; (six) violation this Ordinance provides of other behavior. "18, the addition of an article, as the 39th:" legal and authorized rights to administer public affairs function public government information activities of the Organization, the present provisions shall apply. "19, add one, as the 40th:" 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 text of the relevant provisions and the order modified accordingly and adjust. This decision shall take effect on May 1, 2008.

    The Ningbo Municipal Government information disclosure regulations be amended accordingly pursuant to this decision, publish it again. Annex: Ningbo city government information disclosure provisions (October 8, 2004 municipal people's Government, the 124th published, modified as of April 16, 2008, to the Ningbo Municipal Government information public decision making corresponding changes to regulations promulgated anew.
    ) Chapter I General provisions article in order to protect citizens, legal persons and other organizations ' right, promoting government transparency, improve service levels, according to the People's Republic of China Government information disclosure regulations and the provisions of relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Government information referred to in these provisions in article, refers to the municipal administrative organs at various levels in the performance of administrative functions or providing public services in the process of manufacture, acquire or master files, data, charts, and other information.
    Administrative body in these rules refers to the city people's Governments at all levels and functions of departments, government agencies, and other organizations exercising administrative functions according to law.
    Article the disclosure of Government information in the administrative area of the city governed by these provisions.
    Fourth public government information should follow the principles of fair, just and convenient.
    Fifth of municipal people's Government Office and district (City) and district people's Government Office in charge of the Government information disclosure work within the administrative area, is responsible for organizing the implementation of the provisions. Sixth of municipal and County (City), the joint meeting of the district people's Government the establishment of Government information publicity system.
    Joint Conference by the Office of the Government (RM), information technology Department, monitoring Department, government legal agencies and other government departments, is responsible for the coordination of research, important issues in the process of advancing the opening of Government information.
    Seventh administrative organ shall specify to the authorities dealing with government information services of the specialized agencies, in charge of the daily work of Government information, the implementation of the People's Republic of China regulations on disclosure of Government information Government information under the article fourth of the responsibilities of public bodies.
    Eighth levels of funding for Government disclosure of Government information should be included in the annual budget, ensuring normal progress of Government information disclosure activities.
    Administrative organs information disclosure activities of this organ should be paid for. Chapter II public content and scope of article Nineth Executive should take the initiative to the public the following information: (a) management and planning

    1. municipal regulations and normative documents of the administrative organs; 2. administrative area of the overall national economic and social development planning, plans and progress and completion, 3. the Administration approved the overall land use planning, urban planning, and urban and rural spatial planning and regional planning. (Ii) and public is closely related to of major matters aspects 1. effect public personal health and property security of outbreak, and disaster or burst event of forecast, and occurred and processing situation; 2. poverty, and special care and, and education, and social security, and labor employment, aspects of standard, and conditions and the implementation situation; 3. levy or expropriation land, and housing demolition and compensation, and grants costs of issued, and using situation; 4. land supply, and real estate trading situation; 5. for private facts of engineering construction, and management, situation; 6.
    Affordable housing, housing construction and allocation, and so on. (Three) public funds using and supervision aspects 1. major urban and rural based construction project of public tender of conditions, and program and bid of situation and the engineering progress situation; Government approved of investment project of according to, and standard, and range, and content, and declared program and handle time; 2. Government concentrated procurement project directory, and Government procurement limit standard, and procurement of way, and procurement results and supervision situation; 3. Government important special fund, and funds of using situation; 4. Government fiscal year budget, and accounts and the implementation situation; 5. rescue relief
    , Special care and relief, social contributions, such as the management, use, and distribution of 6. administrative fees, basis and standard of the project.
    (Four) Government institutions, and work target and personnel aspects 1. administrative organ of institutions duties, and Office address, and contact way, and do conditions, and do program, and do term, and supervision relief way, situation; 2. administrative organ head of name and contact way; 3. administrative organ of annual work target and implementation situation; 4. administrative organ head personnel appointment situation; 5. civil servants audition, and hired and public elected cadres of conditions, and program, and results, situation. (Five) about administrative license of matters, and according to, and conditions, and number, and program and term, administrative license application material directory and applications model text, and administrative organ handle administrative license of situation; (six) environmental protection, and public health, and safety, and food drug, and products quality, and education, and traffic, administration in the of major supervision check situation; (seven) legal, and regulations, and regulations provides should public of involved citizens, and corporate or other organization vital interests of,
    Require the involvement of society widely known to the public or other government information.
    Laws, regulations, provisions of public permissions on the items of the preceding paragraph, in accordance with its provisions.
    Article tenth of township (town) open government information in accordance with the people's Government of the People's Republic of China Government information disclosure provisions of article 12th.
    11th the citizens, legal persons and other organizations in the exercise of rights of access to government information, and shall not infringe upon privacy, trade secrets, State secrets or other public interests, except as otherwise provided by laws, rules and regulations. 12th the citizens, legal persons and other organizations the right to Executive authority for the public this article Nineth article tenth of other government information.
    In addition to laws and regulations provide otherwise provisions or the provisions outside the exemption provided for in article 14th public information, administrative bodies should be open to applicants for government information.
    13th article administrative organ intends made of decision, and developed of regulations and the other normative file or prepared of planning, and plans, and programme,, involved citizens, and corporate and other organization of major interests, or has major social effect of matters, in official decided Qian, should implemented pre public, by drafting organ or decided organ will about draft to social public, in full heard public views Hou again made decided. 14th article following Government information, from public: (a) belongs to national secret of; (ii) belongs to commercial secret or public may led to commercial secret was leaked of; (three) belongs to personal privacy or public may led to on personal privacy right caused improper against of; (four) is survey, and discussion, and processing process in the of, but legal, and regulations and this provides another has provides of except; (five) and administrative law enforcement about, public Hou may will effect check, and survey, and forensics, administrative law enforcement activities or will threat personal life security of
    (Vi) other circumstances as stipulated by laws and regulations, exempt from public.
    The first paragraph of this article (b), (c) Government information listed, any of the following circumstances, without the limitation of free open: 1. rights holders agree to open 2. publicly involved in government information in the public interest outweighs any harm caused.
    The first paragraph of this article paragraph (d), (e) Government information listed, if there are clearly in the public interest and the public does not cause substantial damage, the administrative organ may decide to open.
    15th administrative organs found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, shall, within its terms of reference released accurate, complete set of information to be clarified.
    Executive authorities to disclose Government information should not endanger national security, public safety, economic security and social stability. Third chapter public of form and program 16th article according to this provides Nineth article should active public of Government information, administrative organ should in making, and get or has the Government information of day up 20 a days within used following a or several carrier timely be public: (a) Government bulletin or newspaper, and magazine and the broadcast, and TV, public media; (ii) Internet Shang of administrative organ website; (three) administrative organ Press Conference; (four) in administrative organ main office locations, to established of public check out room, and
    Obtain information, Government information bulletin board, electronic screens and other places or facilities; (e) are accessible to the public timely and accurate access to government information by other carriers.
    The administrative organs shall establish a carrier of carriers listed in the preceding paragraph as the main channel for government information release.
    Timeliness or unexpected event-related government information, administrative authorities shall obtain or have the information within 3 business days from the date of the Government through public media, press conference or Executive sites be made public.
    17th administrative organs shall guarantee the release of Government information the timeliness and effectiveness of information content changes announced by the Government, should be updated in a timely manner.
    18th State archives, public libraries should set Government access to information sites, and are equipped with the necessary facilities, equipment, for the citizens, legal persons or other organizations to facilitate access to government information.
    The administrative organ shall promptly to the national archives, public libraries provide proactive disclosure of Government information.
    19th of municipal and County (City) and district people's Government shall set up and perfect the spokesperson system, on behalf of the Government to the public of Government information.
    Municipal Government departments set up the spokesperson system in each Department according to actual needs. 20th administrative organs the organs of Government shall be compiled information guide and belongs to the list of active publicity range of Government information.
    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.
    Administrative authority shall update this body of Government information disclosure guidelines and belongs to the list of active publicity range of Government information.
    21st administrative organs open government information, it should be noted that organs of Government information connection between higher and lower, and a consistent representation of the same content.
    22nd the administrative organ shall be the organ responsible for government information services specialized name, Office address, office hours, telephone, fax number and electronic mail address to the public, citizens, legal persons and other organizations regarding the disclosure of Government information advisory. 23rd Government information publicity department before March 31 in each year, made the public annual report on the work of Government information.
    Annual report should including following content: (a) this level administrative organ active public government information of situation; (ii) citizens, and corporate and other organization according to application public government information of situation statistics; (three) administrative organ agreed public, and part public and from public of classification situation statistics; (four) on Government information public proposed administrative reconsideration, and administrative litigation and complaints of situation statistics and processing results; (five) Government information public of charges and the relief situation;
    (F) improvements in the problems of Government information and, (VII) other matters that require reporting.
    Article 24th of citizens, legal persons and other organizations in accordance with the provisions of article 12th request for government information shall be by letter, fax, electronic data interchange and e-mail writing; there is difficulty in writing, the applicant may be formulated orally, filled in by the admissibility of the application on behalf of the Executive, to master the Government's administrative agencies for the information.
    Applicant must provide own (the Organization) the name, identity, contact details and description of the information required. Authorities to provide the applicant with the application format text.
    Format text must not contain and apply for government information disclosure of matters not directly related to the content. 25th article administrative organ received application Hou, should timely registration, and according to following situation timely give replies: (a) belongs to public range of, told applicants can get the Government information of way and way; (ii) belongs to from public range of, told applicants not public, and description reason; (three) law not belongs to accepted administrative organ master range of, told applicants; can determine the information master administrative organ of, should told applicants the administrative organ of name, and contact way;

    (D) public information does not exist, inform the applicant and (v) apply for open government information is not clear, inform the applicant to make change, Supplement.
    26th Government sought by the applicant contains information exempted from public information, but can distinguish between treatment, part of the administrative organ shall provide public. 27th citizens, legal persons and other organizations requiring the Executive to provide registration, fee payment, social security and other government information related to itself, shall hold a valid certificate, submit a written application to the executive authorities.
    Written applications should include a description of the information required, and sign or seal.
    The administrative organ shall create conditions to facilitate the citizens, legal persons and other organizations submitting applications to the executive authorities through the Internet. Citizens, legal persons and other organizations find it against their own Government-related information recording inaccurate, incomplete, untimely, or irrelevant, the right to request relevant administrative organs to change in a timely manner.
    Accepted by the executive authorities are not allowed to change, should be forwarded to the Executive power to deal with, and inform the applicant.
    28th administrative organs respond to information provided by the applicant will not be made public, not the Government, no longer provided as a paid service or paid service in disguise, through institutions and intermediary organizations, enterprises with paid or disguised compensation to citizens, legal persons and other organizations.
    29th executive authorities pursuant to the provisions of article 25th paragraph (ii), 26th and 27th of the reply the applicant as provided in article, it shall explain the reasons which reply shall not be provided or not to change, and shall state the relief.
    Article 30th on the applications of the citizens, legal persons and other organizations, apart from the outside can be answered on the spot, the Executive authority shall, within 15 working days from the date of registration make their public written replies.
    Provide Government information to the applicant in accordance with these provisions, would be able to provide, the executive authorities shall provide on the spot after the applicant completed the application procedures; cannot be provided on the spot, shall be provided within 15 working days after the applicant procedures are completed.
    For just cause cannot be made within the period specified in the reply or provide information, agreed by the Executive heads, can extend the term of the replies or provide information and advise the applicant in writing, but the extension period shall not exceed 15 working days.
    Apply for open government information related to the rights of third parties, administration time required to seek third party advice is not calculated within the period specified in the first paragraph of this article. 31st due to force majeure or other statutory subject matter not reply within the time provided in the applicant or fail to provide Government information to the applicant, the term suspended.
    After the obstacle is removed, the term recovery calculations.
    Suspension and restoration of the term, the administrative organ shall promptly notify the applicant in writing.
    32nd Government information provided by administrative organs according to the application, due to the request of the applicant provided retrieving, printing, copying, and mailing services, and recovery of certain costs and fees in accordance with the relevant provisions of national and provincial standards.
    Citizens applying for public government information of genuine economic difficulties, upon his own application, open Government Information Agency Director approval, can reduce associated costs.
    Public citizen reading difficulties or Visual barriers to government information, administrative organ shall provide necessary assistance. Applicants selected in the application by post, fax, e-mail, access to government information in the form of a copy, the executive authorities should be provided in the form of the request.
    For technical reasons could not be met, the executive authorities can choose to fit the characteristics of Government information in the form of.
    Article 33rd Government information public authorities through the establishment of telephone hotlines, complaint, public supervision of Government information box of the window channels, encouraging people to participate in the monitoring of Government information disclosure work of this unit.
    Fourth chapter legal responsibility 34th article administrative organ violation this provides, has following case one of of, by Government information public competent sector ordered corrected; plot serious of, by monitored sector or competent administrative organ on directly is responsible for of competent personnel and other responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) not perform active public obligations, and not timely update active public content of; (ii) not provides or not timely update this organ of public Guide, and Government information directory of;
    (C) an applicant who meets the statutory requirements, hide or do not provide Government information shall be made public, subject fees; (d) records relating to the applicant is not legally correct and incorrect information, (v) provision of Government information is untrue or public government information should not be exposed, and (vi) other acts in violation of the provisions of this Ordinance.
    35th Executive working in violation of the stipulations of the disclosure of Government information, administrative departments shall punish by price.
    Article 36th citizens, legal persons and other organizations believe that the Executive does not perform its obligation of disclosure of Government information, can contribute to the disclosure of Government Information Department, monitoring Department or report to the higher administrative authority.
    Citizens, legal persons and other organizations believe that the Executive is in violation of the provisions of the specific administrative act, violations of their legitimate rights and interests, you can apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    37th Executive authorities in violation of the provisions of the specific administrative act applicant or third party losses, an applicant or a third party may request compensation according to law.
    Article 38th of citizens, legal persons and other organizations in violation of the provisions of article 11th shall bear the corresponding legal responsibility.
    The fifth chapter by-laws article 39th legal and authorized rights to administer public affairs function public government information activities of the Organization, the present provisions shall apply.
    40th education, health, 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.
              41st these provisions come into force on November 1, 2004.