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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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(Adopted by the 25th ordinary meeting of the People's Government of New York, 8 April 2008, No. 155 of the Decree No. 155 of 16 April 2008 No. 155 of the People's Government Order No. 155 of 16 April 2008)

The Government of the Municipalities has decided to amend the Public Provisions of the Government of the Republic of New York (No. 124 of the People's Government Order) as follows:
Article 1 amends to read: “To guarantee the right to be informed by citizens, legal persons and other organizations, to promote transparency in the conduct of the Government and to improve the level of government services, to develop this provision in line with the provisions of the Public Regulations on Information of the People's Republic of China and relevant laws, regulations and regulations.”
Article 2, paragraph 2, was amended to read: “The executive body referred to in this provision means the Government of the people at all levels of the city and its functional sectors, government offices and other organizations that exercise administrative functions in accordance with the law.”
Article IV amends as follows: “The public information should be guided by the principles of justice, equity and the people”.
Article 7 amends as follows: “The executive body shall designate a specialized agency dealing with public information in the Government and shall be responsible for the day-to-day work of the Government's information public working body, as set out in article IV of the Public Information Regulations of the People's Republic of China.”
V. Article 8 amends as follows: “The Governments at all levels should incorporate public information into the annual financial budget and guarantee the normal conduct of public information activities”.
“The administrative organs shall provide financial guarantees for the public activities of the organ.”
Article 9, paragraph 1 (b), was amended to read as follows:
Article 9, paragraph 1 (c), adds two paragraphs, respectively, to Article 9, paragraph 1, subparagraph 5 (c), sixth line: “5. Management, use and distribution of items such as disaster risk response, pay, relief, social contributions, etc.”; and 6.
Article 9 adds two to subparagraphs (vi) and (vii) of article 9, respectively: “Environmental protection, public health, safe production, food medicine, quality of products, education, transport, etc.; and legal, regulatory, regulatory and regulatory provisions should be made public in relation to the interests of citizens, legal persons or other organizations, requiring extensive knowledge or other government information about their participation”.
Article 7
Article 11 amends as follows: “Citizens, legal persons and other organizations shall not infringe upon the privacy, commercial secrets, State secrets or other public interests of others when exercising their right to receive information from the Government.”
Articles 9, 15 add 2: “The executive body has found that it affects or may affect social stability, disrupt the false or incomplete information of the social management order, which should be clarified within its mandate.
The public information of the executive organs shall not endanger national security, public safety, economic security and social stability.”
Article 16, paragraph 1, was amended to read: “In accordance with article 9 of the present article, the executive body shall, within 20 working days of the date of production, acquisition or possession of the information of the Government, adopt the following or several of the vehicles in a timely manner:
(i) Government bulletins or public media such as newspapers, magazines and radio, television;
(ii) Administration website on the Internet;
(iii) Press conferences by executive organs;
(iv) Public access rooms, information requests points, government information bulletins, electronic screens or facilities established in the main office locations of the executive branch;
(v) Other material that facilitates timely and accurate access to government information.”
Article 18 should read: “The National Archives, the Public Library shall establish government information access places and be equipped with appropriate facilities, equipment to facilitate access to government information by citizens, legal persons or other organizations.
The executive branch shall provide, in a timely manner, public information on its own initiative to the National Archives and the Public Library.”
Article 20 was amended to read: “The executive body should prepare public guidance on government information in this organ and a directory of government information that should be open to the initiative. The Government's public information guide should include the classification of information from the Government, the system of ranking, access, the name of the public service agency, office address, office time, contact telephone, facsimile number and e-mail. Add a paragraph to read as paragraph 2: “The Government's public catalogue of information should include the index, name, content overview, and generation date of government information”.
Articles 13, 23 and 23 add two to article 23, subparagraphs (v), (vi), respectively: (v) Government information on public fees and relief; (vi) major issues and improvements in public information in the Government;”
Article XIV, article 24, paragraph 1, was amended to read: “Citizens, legal persons and other organizations, in accordance with Article 12 of the present article, shall use written form such as letters of expression, facsimile, electronic data exchange and e-mail; and if there are difficulties in the use of written form, the applicant may make an oral presentation, and the applicant may submit an application to the Government organs that receive information from the Government.”
Article 15, Article 33 adds paragraph 4 as follows: “The request for public government information involves third-party rights and the time required by the executive branch to seek third-party advice is not calculated within the period specified in paragraph 1 of this article”.
Paragraph 1 of article 16 and article 32 reads as follows: “The executive organ may, at the request of the applicant, provide information on the Government, provide services such as retrieval, printing, reproduction, mail, etc., and may receive a certain cost fee for implementation in accordance with the standards established by the State, the province.” The addition of two paragraphs as paragraphs 2 and 3 respectively: “A citizen applying for public information has economic difficulties and, with his own request, the Government's head of the public information public working body, may grant relief for the related costs.
Citizens who apply for public information have difficulties or audio-visual barriers, and administrative authorities should provide the necessary assistance.”
Paragraphs Page
(i) Non-fulfilment of proactive public obligations and non-renewable public content;
(ii) To not provide or update, in a timely manner, the guidance on the conduct of this body, the directory of Government information;
(iii) To conceal or not provide public information that is in compliance with the statutory conditions, in violation of the provisions for the collection of fees;
(iv) No correct information concerning the record of the applicant in accordance with the law;
(v) The information provided by the Government is not authentic or should be publicly available;
(vi) Other acts in violation of the provisions of this regulation.”
Article 39: “The activities of the public government that are mandated by law, legislation and regulations to manage the functions of public affairs apply to this provision”.
Article 40: “Education, health, family planning, water supply, electricity, heating, environmental protection, public transport, etc. public utilities that are closely linked to the people's interests in the delivery of social public services, taking into account the provisions.”
In addition, the language and order of the relevant provisions are modified and adjusted accordingly.
This decision has been implemented effective 1 May 2008. The Government's public provision for information in the city of New York was reissued in accordance with this decision.

Annex
(Act No. 124 of 8 October 2004 of the People's Government, re-published in accordance with the Decision of 16 April 2008 on amending the Public Provisions of Information of the Government of New York.
Chapter I General
Article 1, in order to guarantee the right of citizens, legal persons and other organizations to be informed, promote transparency in the conduct of the Government and improve the level of government services, develop this provision in line with the provisions of the Public Regulations of the Government of the People's Republic of China and relevant laws, regulations and regulations.
Article 2, Government information referred to in this Article refers to information produced, obtained or captured by executive organs at all levels of the city in the performance of administrative duties or in the delivery of public services.
The executive organs referred to in this provision refer to the people's governments at all levels of the city and their functional offices, government offices and other organizations that exercise administrative functions in accordance with the law.
Article 3 applies to public information within the city's administration.
Article IV. Public government information should be guided by the principles of equity, justice and public access.
Article 5
Article 6. Municipal and district (market), the people of the region have established a system of public joint meetings on information. The joint meeting consists of the Executive Office of the Government (rooms), the Informationization Authority, the Monitoring Service, the Government Rule of Law Institutions and other relevant government departments to study and coordinate important matters in the public process of advancing government information.
Article 7. The executive body shall designate the organ to deal with the specialized agencies dealing with public information of the Government and shall be responsible for the day-to-day work of the Government of the Republic of China, which is open to the information of the Government.
Article 8. Governments at all levels should incorporate public information into the annual financial budget and guarantee the normal conduct of public information activities.
The executive body shall provide financial guarantees for the public activities of the Authority.
Chapter II
Article 9. The executive organs shall make the following public information available to society:
(i) Management normative and planning aspects
Norms developed by the Government and the executive organs;
Overall planning, planning and progress and completion of the economic and social development of the national population in the current administrative region;
Urban and rural spatial planning and regional planning, such as the overall land-use planning approved by the administrative region.
(ii) Matters of great concern to the public
Preparation, occurrence and treatment of sanitary conditions affecting the health and property of the public;
Standards, conditions and implementation in the areas of poverty reduction, excellence, education, social security, labour employment;
Expropriation or removal of land, house demolition and compensation, payment and use of subsidies;
Land supply, real estate transactions;
The construction, management, etc. of works for the civil service;
Economic application of housing, construction and distribution of affordable housing.
(iii) Use and monitoring of public funds
Conditions, procedures and milestones and progress in the work of public tenders for major urban and rural infrastructure projects; the basis, criteria, scope, content, reporting procedures and time frames for investment projects approved by the Government;
The Government concentrates on the catalogue of procurement projects, the Government's procurement threshold standards, the manner in which procurement is made, the results of procurement and their oversight;
The use of important special funds and funds by the Government;
Budgets, accounts and implementation of the Government's financial year;
Management, use and distribution of funds such as the turmoil, good, relief, social contributions;
Project, basis, and criteria for administrative fees.
(iv) Government institutions, work goals and personnel aspects
The institutional responsibilities of administrative organs, office addresses, contact modalities, conditions of conduct, procedures of conduct, duration of conduct and supervision of remedies;
The name and contact of the heads of administrative organs;
Annual work objectives of the executive branch and their implementation;
Exemptions to the personnel of the executive branch;
The conditions, procedures, results, etc., for civil service recruitment, vetting and public selection.
(v) Matters relating to administrative licences, the basis, conditions, quantity, procedures and deadlines, the directory and the model text of the application for administrative licences, as well as the administration of administrative licences;
(vi) Significant oversight inspections in the administration of environmental protection, public health, safe production, food medicine, quality of products, education and transport;
(vii) Legal, regulatory, regulatory and regulatory provisions should be made public in relation to the interests of citizens, legal persons or other organizations, requiring a wide public understanding or participation of other government information.
The public competence of the former paragraph matter is also provided by law, legislation and regulations, in accordance with its provisions.
Article 10
Article 11. Civil, legal and other organizations may not violate the privacy, commercial secret, State secret or other public interests of others when exercising their right to receive information from the Government, except as otherwise provided by law, regulations, regulations and regulations.
Article 12 Civil, legal and other organizations have the right to apply to the executive organs for information other than article 10 of the present article. In addition to the provisions of the law, legislation or provisions of article 14, the executive body shall make public information to the applicant on the Government.
Article 13. The decisions to be taken by the executive organs, regulations and other normative documents or the planning, planning, programmes, etc. relating to the major interests of citizens, legal persons and other organizations, or matters of major social impact, should be made open until the formal decision is taken by the drafting body or the decision body to make the draft articles open to society and to take a decision once the public opinion is fully heard.
Article 14. The following Government information shall be free of public information:
(i) That is a secret State;
(ii) It is commercial secret or public that may lead to the disclosure of commercial secrets;
(iii) Individual privacy or public may lead to improper infringements on the right to privacy of individuals;
(iv) The process of investigation, discussion, treatment, with the exception of the provisions of the law, legislation and this provision;
(v) In relation to administrative law enforcement, public law enforcement activities, such as inspection, investigation, evidence, or threat to personal life safety;
(vi) Laws, regulations, regulations and other circumstances that are open.
The Government information set out in paragraph 1 (ii), (iii) of this article may be exempted from open restrictions:
The owner agrees to be open;
The public interest involved in the public information of the Government exceeds the possible damage.
The Government information set out in paragraph 1 (iv), (v) of this article may be decided by the executive organs if there is a clear public interest and there is no material damage.
Article 15. The executive body has found that it affects or may affect social stability, disrupt the false or incomplete information of the social management order, which should be clarified within its mandate.
The public information of the executive organs shall not endanger national security, public safety, economic security and social stability.
Chapter III Public format and procedures
Article 16, in accordance with article 9 of the present article, shall make public information that shall be made available by the executive branch within 20 working days of the date of production, acquisition or possession of the information of the Government, by:
(i) Government bulletins or public media such as newspapers, magazines and radio, television;
(ii) Administration website on the Internet;
(iii) Press conferences by executive organs;
(iv) Public access rooms, information requests points, government information bulletins, electronic screens or facilities established in the main office locations of the executive branch;
(v) To facilitate the timely and accurate access of public information.
The executive organs should identify a body of the body listed in the previous paragraph as the main governmental information source.
In the case of government information relating to the statute of limitations or to sudden-onset events, the executive branch shall be made public through the website of the public media, press conferences or administrative bodies within three working days of the date of receipt or possession of the Government's information.
Article 17 should ensure the timeliness and effectiveness of the Government's information published, and the changing content of the public information published should be updated in a timely manner.
The National Archives, the Public Library shall establish government information access places and be equipped with appropriate facilities, equipment to facilitate access to government information by citizens, legal persons or other organizations.
The executive branch should provide proactive and open government information to the national archives and public libraries in a timely manner.
Article 19 municipalities and districts (markets), the people of the region should establish and improve the press spokesperson system, and on behalf of the current Government disseminates government information to society.
All sectors of the city's Government have established a system of press spokespersons in this sector based on actual needs.
Article 20 should prepare public guidance on government information by this organ and a directory of public information that should be proactive. The Government's public information guide should include the classification of information from the Government, the system of ranking, access, the name of the public service agency, office address, office time, contact telephone, facsimile number and e-mail.
The Government's public information should include indexing, name, content overview, and generation dates.
The executive branch should update, as appropriate, the public guidance on government information in this organ and the directory of public information that should be proactive.
Article 21, the public information of the executive branch should be brought to the attention of the interlinkages between the Government's information content and the integration of the same content.
Article 22, the executive branch shall make the name, office address, office time, contact telephone, facsimile number, e-mail addresses available to the community to facilitate consultation among citizens, legal persons and other organizations on public information.
Article 23 of the Government's public information authorities shall publish the annual report on the public work of government information at this level by 31 March each year. The annual report should include the following:
(i) The active public information of the executive branch at this level;
(ii) Statistics on the application of public information by citizens, legal persons and other organizations;
(iii) The executive branch has agreed to make public, partial and free of public classification statistics;
(iv) Statistics on the public presentation of administrative review, administrative proceedings and complaints on government information and their results;
(v) Government information on public fees and relief;
(vi) Key issues and improvements in public information;
(vii) Other matters requiring reporting.
Article 24 provides that citizens, legal persons and other organizations are required to obtain information from the Government in accordance with Article 12 of the present article and shall use written form such as letters of expression, facsimile, electronic data exchange and e-mail; and that the applicant may make an oral submission to the executive body with information to the Government.
The applicant shall provide his or her name or name (the Organization) and, in his or her capacity, prove that the mode of contact and the content of the information required by the Government.
The executive branch may provide the applicant with the form of the application. The text should not contain elements that are not directly related to the request for public information.
Article 25 Upon receipt of the request by the executive branch, it shall be registered in a timely manner and, in accordance with the following circumstances:
(i) It is open to inform the applicant of ways and means of obtaining information from the Government;
(ii) It is not open to the applicant, to inform the applicant of the reasons;
(iii) To inform the applicant in accordance with the law not within the scope of the jurisdiction of the executive branch; to determine that the information is available to the executive branch and to communicate the applicant's name, contact;
(iv) The applicant's application for public information is not available;
(v) The request for public information is unclear and the applicant has made a request for change and supplement.
Article 26 The Government information requested by the applicant contains information that is free of the public content, but can be distinguished, and the executive body should provide an open part.
Article 27 citizens, legal persons and other organizations require administrative authorities to provide registration, payment of fees, social security-related information to their respective Governments, which should be validated and submitted written requests to the executive organs. A written request shall include a description of the content of the information required by the Government and a signature or chapter.
The executive organs should create conditions to facilitate the submission of applications by citizens, legal persons and other organizations to administrative organs through the Internet.
Citizens, legal persons and other organizations have found that the Government's information records are inaccurate, incomplete, timely or non-relevant and have the right to require the relevant administrative organs to adapt in a timely manner. The administrative body before it is not entitled to change and shall be transferred to the administrative body competent to deal with and inform the applicant.
Article 28 of the Administration responds to the applicant's non-public and non-produced government information, which shall not be provided in the form of a paid service or a repayment service, and shall not be made available to citizens, legal persons and other organizations through the services, brokering organizations, enterprises in the form of compensation or compensation.
Article 29, in accordance with article 25, subparagraph (ii), 26 and article 27, paragraph 3, of the present article, shall explain the reasons for the applicant's response, which shall not be provided or shall not be altered, and shall also indicate avenues of relief.
In addition to the application of article 33 for citizens, legal persons and other organizations, the executive branch shall, within 15 working days of the date of registration, make public written replies.
In accordance with this provision, the applicant may be provided at the time when the administrative authority shall be provided at the time when the applicant is properly requested; it cannot be provided at the time and shall be provided within 15 working days after the applicant's due process.
The period of response or information cannot be answered or provided within the prescribed time period, with the consent of the executive heads, may extend the period of response or information, as appropriate, and inform the applicant in writing, but the extension period shall not exceed 15 working days.
The request for public information relates to third-party rights, and the time required by the executive branch to seek third-party views is not calculated within the period specified in paragraph 1 of this article.
Article 31 was suspended for a period of time owing to force majeure or other statutory matters that were not able to respond to the applicant within the prescribed period or could not provide information to the applicant. After the removal of the obstacles, the time period has been recovered.
In order to suspend and rehabilitate the period, the executive branch shall notify the applicant in writing in a timely manner.
In accordance with article 32, the executive branch may request information from the Government, which may be implemented in accordance with the standards established by the State, the province concerned by the request of the applicant for retrieval, printing, reproduction, mailing, etc.
Citizens who apply for public government information have economic difficulties and, upon their request, the Government's head of the public information public working body, may grant relief for the related costs.
Citizens who apply for public information have difficulties or audio-visual barriers, and administrative authorities should provide the necessary assistance.
In the application, the applicant chooses to obtain a copy of the Government's information in the form of mail, facsimile, e-mail, etc., which shall be made available in the form of the request. For technical reasons, the executive branch may choose to provide in a manner consistent with the information characteristics of the Government.
Article 33 Public authorities can encourage the participation of the public in monitoring the public information of this unit through the establishment of channels such as telephones, complaints windows, public monitoring kits.
Chapter IV Legal responsibility
In violation of this provision, the executive branch has one of the following cases, which is rectified by the Government's public authorities responsible for information; in serious circumstances, by the Inspector-General or by the competent administrative authority to be administratively disposed of by the law of the competent and other responsible personnel directly responsible; and criminal responsibility is brought to justice by law:
(i) Non-fulfilment of proactive public obligations and non-renewable public content;
(ii) Not to provide or update in a timely manner the public guidance of this organ and the directory of Government information;
(iii) To conceal or not provide public information that is in compliance with the statutory conditions, in violation of the provisions for the collection of fees;
(iv) No correct information concerning the record of the applicant in accordance with the law;
(v) The information provided by the Government is not authentic or should be publicly available;
(vi) Other violations under this Regulation.
Article XV of the executive branch violates the provision of fees in public information and is punishable by law by the price administration authorities.
Article 36 Civil, legal and other organizations consider that administrative organs do not comply with public information obligations under the law, may report to the public authorities, the inspectorate or the superior administrative body.
Civil, legal and other organizations consider that the executive body violates its legitimate rights and interests by applying for administrative review or administrative proceedings in accordance with the law.
Article 337, in violation of the specific administrative acts of this provision, has resulted in the loss of the applicant or third party's economy, and the applicant or a third party may request compensation in accordance with the law.
Article 338, Civil, legal and other organizations, in violation of article 11 of the present article, should assume the corresponding legal responsibility.
Chapter V
Article 39 Activities of the public government that are mandated by law, legislation and regulations to administer the functions of public affairs are applicable.
Article 40 Education, health, family planning, water supply, electricity, heating, environmental protection, public transport, etc., is produced and accessible in the delivery of social public services, taking into account the provisions.
Article 40