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(Summit 5th ordinary meeting of the Government of the Shanghai City, 7 April 2008, considered the adoption of Decree No. 2 of 28 April 2008 on the People's Government Order No. 2 of the Shanghai City, effective 1 May 2008) Chapter I General Article 1 (based) This provision is based on the Public Regulations of the Government of the People's Republic of China (hereinafter referred to as the Government's Public Regulations on Information) and other relevant laws, regulations and regulations. Article 2 (Definition) The Government information referred to in this provision refers to information produced or obtained by the executive body in the course of the performance of its duties, which is recorded in a certain form. Article 3 (Principles) The executive branch should make public information available, except in accordance with the law. The public information of the executive organs should be guided by the principles of justice, equity, people and timeliness. Article IV Governments at all levels of the city should strengthen the organizational leadership of public information. The Executive Office of the Municipal Government is the competent authority for public information in the city and is responsible for promoting, guiding, coordinating and monitoring public information across the city. The Urban Intelligence Commission, the Municipal Council, the Municipal Council of Rule of Law, the Municipal Government Press Office, the National Confidentiality Authority of the city and other relevant administrative bodies are responsible for the specific implementation of the public information of the Government. The Office of the Government of the District (Parliament) will work openly with the relevant departments to advance, guide, coordinate and oversee the information of the Government in this administrative area. Article 5 The executive body should establish a public information system for the good offices and designate institutions (hereinafter referred to as the public information body) to be responsible for the day-to-day work of the Government. The primary responsibility of the Government's public information body is: (i) Extent to the institution's active public information and to maintain and update public information on its own initiative; (ii) To receive and process public requests for information to be submitted to the organs; (iii) A confidential review of proposed public information; (iv) Organization of public guidelines for the preparation of government information in this organ, public information directory of the Government and annual reports of public work of the Government; (v) Other responsibilities that are publicly relevant to the information provided by this organ. The executive branch shall make the names of the public working body, office addresses, office time, contact calls, facsimile numbers, e-mail addresses available to the community to facilitate consultation among citizens, legal persons and other organizations on public information. Article 6 (Preservation of public interest) The public information of the executive organs shall not endanger national security, public safety, economic security and social stability. In accordance with the preceding paragraph, the executive body shall decide not to make public information available and shall report in writing to the public working authorities in the city or in the district (the district). Article 7 The executive body should establish a mechanism for sound government information to issue confidential review mechanisms. The administrative body should conduct a confidential review in accordance with the law prior to the public information; determine that there is no openness and should indicate the reasons. In parallel with the drafting of a public statement, the executive branch should review and clarify that the public language is an active public, open or non-open. The Government's confidential review, which is made by the relevant operational bodies of the executive branch, is governed by the decisions of the executive branch following a review by the Government's public information body with the confidential work body, the rule of law body. Article 8 The executive body should establish a coordination mechanism for sound government information dissemination. In one of the following cases, the executive branch shall communicate, confirm and ensure that the Government's information issued by the executive organs is accurate and consistent: (i) Prior to the publication of Government information by the executive body, it is known that the Government's information relates to other administrative bodies; (ii) Government information relates to two or more administrative bodies, but the Government information published by the relevant administrative bodies is inconsistent. The relevant administrative bodies are incompatible with the content of the information issued by the Government, but the content of information by the Government can be distinguished according to the authority. The executive branch publishes government information that is required under the relevant provisions of the State or the municipality without approval. Article 9 Government information produced in accordance with its mandate should be verified by the executive organs before being made public and ensure that public information is accurate. In the case of government information obtained from citizens, legal persons or other organizations under the authority, the executive branch should be checked before the public and ensure that the content of public information is consistent with the Government information obtained. Article 10 In addition to the public consultation of the draft document by the executive body, the Government's information in the course of investigation, discussion and treatment is not publicly available because of the uncertainty of its content. The executive body has found that it affects or may affect social stability, disrupt the false or incomplete information of the social management order, and should provide clarification on the basis of the agreement of the current Government or the executive branch at the parent level, in accordance with the terms of reference. Chapter II Public scope Article 11 The information of the executive organs on the Government that meets one of the following basic requirements should be made public: (i) The interests of citizens, legal persons or other organizations; (ii) There is a need for broad public awareness or participation; (iii) A reflection of the establishment, functions and procedures of this administrative body; (iv) Other provisions in accordance with laws, regulations, regulations and national provisions should be made public. The executive body shall, in accordance with the provisions of Articles 10, 11 and 12 of the Government Public Information Regulations, determine the focus of the agency's proactive public information. Article 12 (No public) The following Government information is not publicly available: (i) That is a secret State; (ii) Business secrets; (iii) Individual privacy. Information from the Government listed in subparagraph (ii) and (iii) above may be made public, with the consent of the owner to the public or administrative body that it may have a significant impact on public interest. The author's non-consistency with regard to whether the public opinion was agreed not to be answered by the executive branch. Article 13 Citizens, legal persons or other organizations have the right to apply for access to relevant government information in accordance with the Government's Public Regulations on Information and the provisions. Article 14 Government information produced by the executive branch is publicly available by the executive body that produces information from the Government. The executive body, in accordance with its mandate, receives government information from citizens, legal persons or other organizations, is responsible for public information by the executive body that obtains information from the Government. The executive body with public information obligations has been removed or changed, and the executive body with its responsibilities is responsible for the public information of the Government of the former administrative body. The terms of reference of law, regulations, regulations and regulations for public information of the Government are set out otherwise. Article 15 The executive organs shall prepare, publish public guidance, proactive public directory and apply for public inventories in accordance with article 19 of the Government Public Information Regulations. The Government's public guidance and directory should be updated in a timely manner. Chapter III Article 16 (Government website) Government information, which is active, should be publicly available on the Government website of this body; this body has not yet established a government website and should be made public through the Government's website at this level or at the Government level. Article 17 (National Archives and Public Library) The municipal and district (zone) Governments should establish government information access sites for national archives and public libraries in the city or district (zone) to be equipped with the corresponding facilities, equipment and to facilitate access to government information by citizens, legal persons or other organizations. The executive branch shall communicate the public guidance and directory of the Government's information and the information of the Government, which is an active public scope, within 20 working days of the date of completion, formation or updating, change, to the National Archives, Public Library of the City or Region (Parliament). Article 18 Governments in the city and in the district should establish a sound government communiqué system. The regulations and normative documents developed by the municipality should be reproduced in the Official Journal of the Municipal Government within 20 working days from the date of publication. The municipal government bulletins are issued free of charge to the public through designated posters, books, posters and mails, and are made available free of charge to the public in the city and in the district (zone) national archives, public libraries. Article 19 The municipal and district governments should put in place a sound press release system to designate press speakers. Public information on major public events, public early warning information and other governmental information that requires timely public information should be made available through press conferences. Article 20 (other open means) The competent administrative bodies should establish public access rooms, information requests points, information bulletins, electronic information monitors, etc., facilities to facilitate public access, access and reproduction of relevant government information. Chapter IV Article 21 (Application) Civil, legal or other organizations shall submit an application for public information to the executive organs in accordance with article 13 of the Government's Public Information Regulations, which shall include: (i) The applicant's name or name, contact; (ii) Clear governmental information content, including the name, book or other characteristics of documents that refer to specific government information; (iii) Modalities for accessing information from the Government and their forms of delivery. Citizens, legal persons or other organizations apply to the executive branch for public information, and administrative authorities may ask the applicant for the purpose of obtaining information from the Government. Article 2 (Aid and facilitation) The applicant's letter written the Government's open application, which could be submitted orally and replaced by the staff of the administrative organs receiving the application and confirmed by the applicant's signature or chapter. The applicant has difficulty in describing the names of the documents required for the Government's information, symbols or precise characteristics, consulting the executive branch and the administrative authorities should provide the necessary assistance. Government information is public in accordance with the law of the Government and its departments, communes (communes) or street offices, and the authorities of the District (Parea) may set up a pool of requests in this administrative area to facilitate access to public information by citizens, legal persons or other organizations. Article 23 Public requests for government information submitted by citizens, legal persons or other organizations shall be made by the executive branch in accordance with the following provisions: (i) It is open to inform the applicant of ways and means of obtaining information from the Government. (ii) It is not open and should be informed of the applicant's reasons. (iii) The content of the application is not within the scope of the information provided by the Government and should be communicated to the applicant and to the information thereon. (iv) The request for public government information falls within the scope of the duties of the organ, but the authorities are not produced or accessible and should be informed that the applicant's information does not exist. (v) The application of public information that is not within the scope of the duties of the organ and should be informed that the applicant is not public in the body; the name and contact of the public organ that can determine the information of the Government should be communicated to the applicant. (vi) The application for public government information should contain not public content, but it would be possible to distinguish between treatment and the applicant could be informed of the public and its means and means of access; and the reasons should be given to the non-public section. (vii) To apply for public government information concerning commercial secrets and personal privacy, in accordance with article 12, paragraph 2, of the present article, which provides that the applicant shall be informed of the manner and means of obtaining the information of the Government and shall inform the author of the decision of the public content and reasons. (viii) The content of the application is unclear and is not in accordance with article 21, paragraph 1, of the present article, the applicant should be informed of the process of being filled within a reasonable period of time; the applicant's late failure to fill the application is deemed to have waived. (ix) The same applicant has no justification for repeating the application of public information to the same administrative body, which has responded and may communicate to the applicant no longer to do so. Article 24 By applying for public information, the executive branch may choose to obtain information from the Government, including by mailing, transmission, facsimile, face-to-face receipt, and may choose the form of government information delivery, such as paper quality, CD-ROM and magnets. The executive branch shall provide information on the form and delivery of the applicant's request; it cannot be provided in accordance with the applicant's request, which may be made available through the arrangement of the applicant's access to information or other appropriate means and delivery. Article 25 Citizens, legal persons or other organizations shall submit valid identification documents or documents to the executive organs for the provision of information on their own relevant taxes, social security, health, registration, etc. The Government information provided in the previous paragraph is produced by the executive branch, and citizens, legal persons or other organizations have evidence that the information provided by the executive body is not accurate and that it is entitled to require that administrative body to be corrected; the administrative body shall not be subject to correction and shall be transferred to the administrative body competent to be subject to correction. Article 26 The executive branch has received public requests for information, which should be answered at the time and should not be answered at the time and should be answered within 15 working days from the date of receipt of the request. The executive body needs to extend the period of response, with the consent of the head of the public information body and to inform the applicant. The duration of the extension response shall not exceed 15 working days. The executive branch shall provide information to the applicant and shall be made available at the time of the applicant's due process; no provision shall be made at that time and shall be made within 10 working days of the applicant's due process. Article 27 In accordance with the request to provide information to citizens, legal persons or other organizations, the administrative body may collect costs such as actual retrievals, replication, mailing, without charge of other costs. The executive branch collects the criteria for the costs set out in the preceding paragraph, which are implemented in accordance with the requirements of the Department of State price authorities and the Department of State Finance. The fees charged were paid in full. The applicant belongs to the minimum living security target for rural and urban residents or to other economic hardships, and should be exempted. The executive branch shall not provide government information through other organizations, individuals in a reimbursable manner. Chapter V Monitoring and remedies Article 28 The public information authorities of the city should prepare and publish the annual report on the public work of the city-wide government information by the end of March each year. Other executive organs in the city should prepare, publish, by the end of February, an annual report on the public work of the Government of the Authority, and send information to the city or the authorities of the Government. The Government's annual report on public information should include the following: (i) The proactive public information of the executive branch; (ii) Statistical data on the application of public information by citizens, legal persons or other organizations; (iii) Statistics on classifications of public, partial and non-public government information agreed by executive organs; (iv) The public application for administrative review, the conduct of administrative proceedings and their results; (v) Government information on public fees and exemption of fees; (vi) The main problems of public information and improvements; (vii) Other important matters requiring reporting. Article 29 Governments in the municipalities and districts (the district) should conduct an examination of public information at the same level and at the subnational level. Specific conduct is carried out by public information authorities in the city and district (zone) and by organizations such as the same inspection body, the informationization sector, the personnel sector. The conduct of the study shall be carried out annually. The results of the examination should serve as one of the basis for the performance appraisal of the executive branch and be made public. Article 31 (Social Review) The public information authorities of the municipalities and districts (at the district) should be consulted with the same supervisory bodies, information-policy organizations on the public information of the executive organs. The findings of the social review should be made public. Article 31 The authorities and inspection bodies responsible for regular monitoring of the implementation of public information by the executive authorities are responsible for the public performance of the information. Citizens, legal persons or other organizations believe that the executive branch does not comply with public information obligations under the law and may report to the superior administrative body, the inspectorate or the public information authorities. The agencies that have received reports should be investigated. Article 32 (Crison of accountability) The executive body has not established a confidential review mechanism by providing for the establishment of sound government information, which is being restructured by an inspection body, an executive authority at the highest level, and, in the event of serious circumstances, the principal executive heads are treated in accordance with the law. In one of the following cases, the executive branch has been redirected by an inspection body, an executive authority at the highest level, in serious circumstances, and has been disposed of in accordance with the law by the competent and other direct responsibilities directly responsible for the administration, which constitutes an offence and is criminally criminalized by law: (i) Failure to comply with the public information obligations under the law; (ii) No timely updating of public information content, public information guidelines and directory; (iii) Not to communicate to the National Archives, the Public Library to the Government's public information guides, catalogues or government information that is active; (iv) The fees charged in violation of the provisions; (v) Provide government information through other organizations and individuals in a manner that is reimbursable; (vi) Public information that should not be made public; (vii) conceal or fabricate facts in public information work. Article 33 (Administrative review and administrative proceedings) Citizens, legal persons or other organizations believe that specific administrative acts of the executive branch in public information violate their legitimate rights and interests, may apply to administrative review or administrative proceedings in accordance with the law. Annex VI Article 34 (Actually mandated organization) The activities of the public government that are mandated by law, legislation and regulations to administer the functions of public affairs are applicable. Article 35 (Designment of Government information to the Archives) The National Archives receive the archives transferred by the executive branch in accordance with the law relating to the Government's information, which is publicly applicable to the relevant provisions of the archives law, regulations and regulations. The archives transferred by the executive branch to the National Archives shall be communicated in writing to the National Archives in the form of public information that the Government's information is intended to be made public, open or open. Article 36 (Support security) The executive body should incorporate public information provisions into the annual sectoral budget of the Authority and guarantee the normal conduct of public information activities. Article 37 (Actual date of application) This provision was implemented effective 1 May 2008. The Publication of Information by the Government of the Shanghai City, issued on 20 January 2004, was also repealed. |
