The Heilongjiang Provincial Government Information Disclosure Requirements

Original Language Title: 黑龙江省政府信息公开规定

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(December 29, 2005 Heilongjiang Province Government 31st times Executive Conference considered through December 30, 2005 Heilongjiang Province Government makes 7th, announced since April 1, 2006 up purposes) first chapter General first article to specification Government information public work, established public transparent of administration system, guarantees citizens, and corporate and other organization of informed right, and participation right, supervision government organ law perform duties, according to legal, and regulations and national about provides, combined this province actual,
    These provisions are formulated.
    Government information referred to in these provisions in article, refers to government agencies in carrying out administrative duties or in the course of the provision of public services, master files, data, charts, programs, conditions, standards, requirements, and other information.
    Government agencies mentioned in these regulations refers to all levels of people's Governments (including agencies) and their departments (including its agency), for vertical administrative law enforcement organs, including other administrative powers according to the law or public service organizations.
    Public in these rules refers to government agencies other than the internal public.
    Article open government information activities within the administrative area of the province, these provisions shall apply.
    Article fourth of Government information will not be made public according to law, all associated with economic, social management and public services government information, shall be made public.
    Article fifth government agencies shall fulfill its obligation to open government information.
    Citizens, legal persons and other organizations the right to have access to government information should be open.
    Sixth Government information public should follow legal, timely, true, comprehensive, fair and convenient principle.
    Article Office of the people's Governments at all levels is public work of Government information departments, responsible for organizing the implementation of these provisions.
    Government agencies to the bodies in charge of the organs of Government information. Eighth joint meeting of the people's Governments at various levels shall establish a Government information system.
    Joint Conference composed of government offices, the information industry Department, government legal agencies, departments and other relevant government agencies, and is responsible for research, coordination, disclosure of Government information in the process of solving important problems.
    Nineth people's Governments at various levels shall be included in the annual budget requirements for the disclosure of Government information, guarantee the normal activities of open government information. Tenth Government information provided by government authorities, in accordance with the provisions of article, no charges.
    Except as otherwise provided by laws, rules and regulations.
    Second chapter public range 11th article government organ should determine this organ is responsible for public of Government information of range and content, and active public following Government information: (a) management specification and development planning 1, and economic, and social management and public service in the involved of legal, and regulations, and regulations and normative file; 2, and economic, and social management and public service of development strategy, and integrated development planning and implementation situation; 3, and town construction planning, and land using planning, various professional planning and implementation situation. (Ii) and public is closely related to of major matters 1, and government organ major matters decision and implementation situation; 2, and effect public security, and citizens personal and property security of outbreak, and disaster, and food security, and security or criminal case, and traffic accident, major burst event of forecast, and occurred and processing situation; 3, and land levy, and expropriation and business sex land right transfer, and prospecting right and mining right transfer, and State-owned enterprise property disposal and trading situation; 4, and education, and culture, and home, and health, and labor and social security, and Poverty, social management affairs or public service project of standard, and conditions and the implementation situation; 5, and housing demolition of approved file, and compensation standard, and placed programme, situation; 6, and economic applies housing of construction and sales, and low rental of construction and rental, situation; 7, and administrative license (approval) matters of set, and adjustment, and canceled and handle administrative license (approval) matters of according to, and conditions, and program, and requirements and the results; 8, and tax of according to, and standard and collection situation; 9, and charges, and charged Fund, and administrative punishment of according to, and
    Related to standards, scope, procedures and fees, the collection and use of; 10, scenic, water, electricity, gas, heating, cable TV, postal services, telecommunications, public transport and other public service facilities or project pricing, price adjustment; 11, tax breaks, subsidies and other interested parties of the policy and its implementation. (Three) public funds using and supervision 1, and government investment of town based facilities and housing construction project of public tender, and bid and the acceptance situation; 2, and Government concentrated procurement directory and Government procurement limit standard, and public tender announcement, and accepted Government procurement complaints of contact way and the complaints processing decided, and suppliers bad records list, and Government procurement tender business agent institutions directory, situation; 3, and government investment construction of public career project of project, and input, and acceptance, situation; 4, and government organ master of funds, and project, and
    Index allocation, use and implementation of 5, government budgets and final accounts and the implementation of.
    (Four) Government institutions and personnel 1, and government organ of institutions set, and functions, and permission, and Office locations, and contact way, and main led of duties and the adjustment, and changes situation; 2, and civil servants, and other perform public affairs management functions of staff of Audition hired, and hired and army turned cadres, and retired soldiers placed, and graduates employment, and talent introduced of according to, and standard, and conditions, and program, and requirements and results.
    (E) the laws, rules and regulations shall be open to other government information.
    Laws, rules and regulations of the preceding paragraph, matters the provisions of public, from its provisions. 12th the citizens, legal persons or other organizations for public not specified in the present article 11th other information, government agencies shall, in accordance with application to the citizens, legal persons and other organizations be made public.
    Laws, statutes, rules and regulations will not be made public except information.
    Article 13th involves the vital interests of citizens, legal persons and other organizations, or have a significant social impact matters, government agencies in the draft decision should be open to the public and fully listen to public opinion on the basis of the decision.
    14th should be a matter of public information will not be made public by the Government, but to distinguish between, government agencies should provide open content. 15th for yet to be determined whether the State secret information on the extent of and should stay open.
    To be recognized on their property in accordance with law, and then decided to be kept confidential or made public.
    16th government agencies indicate existence of a Government information may result when the consequences of disclosure of Government information should be made public, the Government authority does not confirm existence of the information can be. 17th article Government information involved following content of, not public: (a) national secret and legal, and regulations, and regulations provides of work secret; (ii) law by protection of commercial secret; (three) law by protection of personal privacy; (four) is survey, and discussion, and considered process in the of Government information public Hou may effect national interests, and public interests of; (five) legal, and regulations, and regulations provides only limited to in government organ internal public of matters, is not government organ yiwai public; (six) legal, and regulations, and
    Regulations of other government information will not be made public.
    18th article this article 17th Government information covered by the second to third, any of the following circumstances, can be withheld without limitations: (a) citizens, legal persons or other organizations agree to open and (ii) disclosure of the information relating to the public interest clearly outweighs any damage caused by, and does not violate the provisions of laws, regulations and rules.
    Covered by the provisions of article 17th fourth Government information, if there is substantial public interest and public interest caused substantial damage, the Government may decide to disclose.
    19th offices of the people's Governments above the county level shall, in conjunction with the level secret-guarding Department shall confidential information on the level of Government organs in the regular cleaning and identification, do not need to remain confidential, should be decrypted according to the procedure in a timely manner, and according to the procedure be made public. Third chapter public form 20th article public government information, can take following a or several form be public: (a) Government organ website, and Government Bulletin; (ii) newspaper, and broadcast, and TV, media; (three) Government information public bar, and information query points, and electronic screen, and electronic touch screen, and permanent reveals Board,; (four) convenience manual, and service guide, and announcement or notices; (five) Press Conference; (six) Government in archives established of existing file check out Center; (seven) other easy public knows of form
    。 21st Government organs at all levels should establish and perfect the spokesperson system.
    Spokesman on behalf of the authority shall issue to the community government information.
    22nd government agencies should be prepared to the organs of Government information disclosure guidelines, clear application of specific procedures, and Affairs of the agency responsible for government information disclosure institution's name, Office address, office hours, phone number, fax number, email to the public. 23rd Government organs should belongs to the scope of this authority to make public of Government information directory.
    Name of the directory of Government information Government information shall be recorded, indexed, brief description of the basic elements and their dates, inquiry approaches.
    Directory of Government information relating to the content of the change, inventory agencies should be updated in a timely manner.
    24th government administration shall establish a public archive of Government information, public information filing, available for public inspection.
    Citizens, legal persons and other organizations when querying the public government information, government agencies shall not be rejected and should provide convenience for their query.
    Relevant information is already provided by relevant departments of the surrender of Government, government agencies should inform the ways and means of its query. Fourth chapter being 25th government agency open government information system should be established, and in accordance with the following procedures shall be followed:

    (A) need to levels Government name public of matters, by Government Office sector proposed views, reported this level Government main head validation Hou public; (ii) need by Government belongs sector or implemented vertical of administrative law enforcement organ public of matters, by the sector or organ proposed views, by sector or organ main head validation Hou public, and reported this level Government Office sector record; (three) need by other law exercise administrative terms or provides public service of organization public of matters, by the organization proposed views,
    The Organization mainly responsible for the examination and public, and reported to the head of the Organization Department.
    Government agencies on public matters changed, withdrawn or terminated, shall verify in accordance with the provisions of the preceding paragraph for the record and inform the public in a timely manner and make notes.
    Laws, regulations, rules and regulations should be government information exposed by the duly empowered authorities, other institutions are not allowed to open.
    26th Government authorities should ensure the publication of Government information the timeliness and effectiveness. Belonging to the active publicity range of Government information, the Government authority shall, within 15 working days after information was released publicly.
    Unable to open on time for legal cause, reason publicly immediately after the elimination.
    27th provisions pursuant to this article shall take the initiative to open government information, content changes, relevant government agencies should be updated within 5 working days, in such carriers.
    Article 28th of citizens, legal persons or other organizations in accordance with this provision to apply for access to government information by letter, telegram, fax, e-mail or any other means to apply to the Government.
    There is difficulty in writing may take oral application, an oral application, government agencies should make a record.
    Application should include the applicant's name, ID, address, contact details and application deadlines, the Government required information description. Government agencies can 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.
    Government agencies provide rich text, shall not be charged. 29th Government organs should be reviewed after receipt of the application, registration, content is not clear on the application, it shall notify the applicant changes, corrections.
    Changes, corrections and should be allowed. 30th article on public government information of application, government organ can according to following situation timely be replies: (a) belongs to public range of, should timely provides or told applicants can get the Government information of way and way; (ii) belongs to not public range of, should told applicants not be public, and description reasons; (three) not belongs to accepted organ public range of, should told applicants.
    To be certain that the information organs, to the master should be informed of its authorities; (iv) Government information is not provided by the application, it shall notify the applicant.
    31st on the applications of the citizens, legal persons and other organizations, in addition to can be answered on the spot outside, the Government authority shall, within 3 working days from the date of registration of a written response. Due to objective reasons such as information processing and other legitimate reasons cannot be made within the period specified in the reply or provide information, agreed by the head of the Government information agency of the Government, you can reply or provide appropriate extend the expiry date, and inform the applicant.
    Extended periods of not more than 15 working days.
    Article 32nd citizens, legal persons or other organizations for access to government information, need to transcribe or copy related information, government agencies should be facilitated.
    Fifth chapter supervision and checking article 33rd superior government authorities should strengthen the supervision of lower-level government agency open government information.
    Enforcement of the provisions of the Organization shall be in accordance with the requirements of the higher levels of government authority, regularly or occasionally organizing government information disclosure supervision and inspection activities.
    Article 34th Government disclosure of Government information should be integrated into objective responsibility system, and economic construction, and other operational work closely unified deployment, uniform implementation and uniform inspection and test.
    Provincial chief public institutions should develop assessment methods of the disclosure of Government information, check of regular evaluation, and evaluation results to the general public.
    35th Government organs should establish and improve the disclosure of Government information appraisal system of democratic supervision, to review the disclosure of Government information, and according to the comments and recommendations for improvement.
    Article 36th government agencies should establish and improve the public accountability of Government information systems, clearly in the work of government agencies in the Government information responsibilities and accountability measures.
    37th supervisory authority shall establish a Government information public law reported accepting institutions, and publicize the admissible manner. Citizens, legal persons or other organizations that the Government authorities were not complying with the provisions to fulfil disclosure obligations or not to handle its information disclosure application, can be reported to the supervisory authority.
    Accept the organ shall investigate and deal with reports.
    Sixth chapter legal responsibility 38th article government organ violation this provides, has following case one of of, by organization implementation sector or monitored organ ordered corrected or be informed criticism; late not modified of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) not perform active public obligations, and not timely update should active public of Government information of; (ii) on applicants hide or not provides or not timely provides should public of Government information and provides errors of or not real of Government information of;
    (C) fails to prepare or do not update the disclosure of Government information guides and directories; (iv) in accordance with this rule, establish and improve relevant systems, affecting the work of Government information.
    39th government agencies in violation of the provisions of article, paid or provided shall be made public in a disguised form of Government information, or seek illegal interests of individual departments and using government information to the direct responsible person in charge and other direct liable persons, enforcement or supervisory organs shall be given administrative sanctions by the organization.
    40th Government officials violated privacy laws, regulations, rules, or violation of information disclosure procedures related to the work of the Government, resulting in heavy losses of State interests and public interests or citizens ' interests, which constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, enforcement or supervisory organs shall be given administrative sanctions by the organization.
    41st citizens, legal persons or other organizations that the Government bodies in violation of this provision, violations of their legitimate rights and interests, people's Court may apply for administrative reconsideration or bring an administrative action meets the statutory requirements, can apply for compensation.
    42nd of the Seventh Schedule shall within 3 months from the date of the present provisions, government agencies should be prepared and public disclosure of Government information guide and directory, and require public disclosure of Government information should be.
                                  43rd article of the regulations come into force on April 1, 2006.