The Shenzhen Municipal Government Information Disclosure Requirements

Original Language Title: 深圳市政府信息公开规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(156th, August 3, 2006, Shenzhen People's Government promulgated as of September 1, 2006) Chapter I General provisions article I for further specification municipal government information disclosure work, enhance the transparency of Government work, promoting administration according to law and improve administrative efficiency in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    Second, Governments at all levels and their departments, as well as laws and regulations authorized or entrusted by the administrative organs to perform administrative duties of the Organization (hereinafter referred to as information units) of Government information disclosure work, these provisions shall apply.
    Disclosure of Government information in these rules refers to the information units in accordance with the prescribed procedures and expose its normative documents, administrative measures and administrative decisions and in the performance of administrative functions or providing public services in the process of production, obtained or acquired pursuant to this provision shall be publicly available documents, data, charts, and other information activities.
    Article disclosure of Government information should follow the legal norms, integrity and true principles of effective, timely and accurate, and shall comply with the relevant provisions of the national security system.
    Fourth piece of information the public responsibility to provide Government information, except in accordance with the relevant stipulations concerning collection of media cost costs, shall not be charged other fees.
    Fifth of municipal and district people's Government Office (room) is responsible for organizing and directing the municipal and district governments departments and streets open government information, Executive Heads of the various government departments for the public responsibility of Government information.
    Chapter II article sixth of public information and public accountability should develop the units of Government information reported to the Office of the people's Government at the Open Directory (RM) record, and Active Directory information be made public in an appropriate manner.
    Article seventh all citizens, legal persons and other organizations are entitled to pursuant to this provision, request the relevant information units assure the public that apart from the disclosure outside of direct relevance to their own interests, according to government information can be made public.
    Eighth article involved following content of Government information not public: (a) belongs to national secret of; (ii) involved commercial secret of; (three) involved personal privacy of; (four) and administrative law enforcement about, public Hou may effect check, and survey, and forensics, law enforcement activities or will threat personal life security of; (five) legal, and regulations and regulations provides shall not public released of other government information. Information withheld secret service units should be verifying the information.
    Has yet to determine whether Government information classified as State secrets ranges should stay open, in accordance with the People's Republic of China on guarding State Secrets Act of their nature be determined, be kept confidential or made public.
    Nineth active matter content changes in public information public responsibility shall promptly update relevant information and data to ensure the validity, accuracy and completeness of the information.
    Chapter III public way and program tenth according to the provisions of article sixth open government information, information disclosure responsibilities apart from the outside should be publicly available through the Government Web site, should also be in accordance with the relevant provisions or the actual situation through the Government Gazette, News Conference, signs, notices and other news media one or more effective way to open.
    11th information units must be in accordance with the Shenzhen Municipal Government Web portal (www.sz.gov.CN) timely release of Government information within their areas of responsibility.
    Information units should set up the appropriate business Web site (page), and guarantees the timeliness, effectiveness and completeness of published government information, released should be updated when content changes.
    12th is active within the open directory of Government information, information units shall, after the information generated in accordance with the regulations, within the time requirements in full disclosure in a timely manner.
    13th the citizens, legal persons and other organizations in accordance with the provisions of article seventh request for government information, shall be in accordance with the relevant provisions with a valid travel document, submit a written application to the relevant units.
    Applications shall include the following information: (a) citizens, legal persons and other organizations the names or name, identity, contact, (ii) description of Government information required; (c) the grounds of the application.
    Applicants should ensure that the information obtained is used for legitimate purposes.
    14th receives the application application for units shall be registered and to respond in a timely manner according to the following circumstances: (a) belonging to the open range, it shall notify the applicant may obtain the information on ways and means.
    (Ii) falls within the scope will not be made public, and shall inform the applicant withheld and explain the reasons.
    (C) does not fall within the accepted authority to keep track of, and shall inform the applicant to be certain that the information, inform the contact.
    (D) public information does not exist, it shall notify the applicant.
    (E) the public does not clear the contents of the application, shall inform the applicants change, complement applications.
    On the applications of the citizens, legal persons and other organizations, in addition to can be answered on the spot outside, accepting units shall, from the date of registration of the application within 10 business days to provide a written reply or reply via email.
    15th when citizens, legal persons and other organizations about the public information unit in charge will not be made public by a Government information when challenged, bears the burden of proof, statement withheld the information reasons, legal basis, way and terms.
    16th unit answers the applicant Government information will not be made public, shall not violate the provisions provided as paid service in disguise.
    17th publishing responsibility unit should establish and improve government information disclosure procedures of the entity, with clearly defined responsibilities. The fourth chapter monitoring and relief 18th information units shall provide each year to the level or by the Government Information Department reported the disclosure of Government information.
    Reports should include the following: (a) the active open, by application of the unit open and the overall statistics of Government information will not be made public, (ii) made in respect of disclosure of Government information review, litigation and appeals the statistics and results and (iii) existing problems and improvement programmes and (iv) other important matters that should be reported.
    19th city and areas supervisory departments should process supervision on the disclosure of Government information, in violation of this provision, be ordered to rectify. Article 20th open government information shall be subject to the national people's Congress representatives, members of the CPPCC National Committee and public oversight.
    Municipal and district departments and the disclosure of Government information departments may recruit some deputies and CPPCC members and other members of the community to serve as supervisors. Article 21st disclosure responsibilities in violation of this provision, citizens, legal persons and other organizations the right to municipal and district departments information or complaints of public authorities.
    After authorities received a complaint, should be dealt with promptly investigate and respond.
    22nd open government information Department annual assessment of Government information disclosure work, and delegate authority agency professional assessment of Government information, publish the results of examination and assessment in a timely manner, and to the advanced units and individuals to be commended. Assessment includes the disclosure of Government information, updates, and public response.
    Specific assessment criteria separately.
    23rd article information public responsibility units violation this provides, has following case one of of, monitored sector with government information public competent sector on the units for informed criticism; plot serious of, on main led, and is in charge of led and directly responsibility people give disciplinary: (a) not will should public of matters timely public of; (ii) public of information content not real, and not full of; (three) not by provides of way public should public of matters of; (four) on this units by public information of content not by provides update of;
    (Five) not by provides requirements for units and personal query copy about information provides assist of; (six) for supervision check organ ordered rectification of problem, refused to rectification of; (seven) leaked national confidential of; (eight) violation provides charges of; (nine) on complaints, and survey personnel retaliates against of; (10) other violation Government information public provides should give administrative disciplinary of.
    Article 24th disclosure responsibilities units to conceal or give false information, or disclosing trade secrets, personal privacy, economic losses caused to citizens, legal persons and other organizations shall be compensated according to law.
    25th the citizens, legal persons and other organizations believe that information is closely related to responsibility unit refused to disclose their interests in public information on violations of the legitimate rights and interests of the Government, may, in accordance with the People's Republic of China administration reconsideration law the relevant provisions apply for reconsideration.
    Fifth chapter supplementary articles article 26th information and public accountability should be based on these provisions, combined with the actual conditions, applicable to the disclosure of Government information in particular measures for implementation.
                              27th article of the regulations come into force on September 1, 2006, the Shenzhen Municipal Government information disclosure practices and the provisional regulations on administration of open Shenzhen abolished at the same time.