Advanced Search

The Provincial Government Information Disclosure Practices

Original Language Title: 海南省政府信息公开办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(The 70th ordinary meeting of the Government of the People of the South Province, held on 15 August 2005, considered the adoption of Decree No. 194 of 31 August 2005 of the People's Government Order No. 194 of 31 August 2005 on 1 October 2005)

Chapter I General
Article 1 provides for the promotion of public work by regulating public information, increasing transparency in administrative activities, guaranteeing the right of citizens, legal persons and other organizations to be informed, participate and monitor administrative activities, and promotes government administration in accordance with the relevant laws, legislation and regulations, and to develop this approach in the light of the actual practice of the province.
Article 2
This approach refers to the public information of the State administration at all levels of the province, as well as the legal, legislative and regulatory authority or the organization entrusted by the executive branch to perform administrative functions (hereinafter referred to as the executive organ) and to activities that are open to the performance of its administrative functions or the production, acquisition or possession of relevant information in the public service delivery process.
Article 3 Governments of more people at the district level should put in place a public joint mechanism for information. The joint meeting consists of the Executive Office of the Government (rooms), the executive authorities responsible for informationization, the Government's rule of law, the inspection body, the audit body, the provincial government press office and other relevant government departments to guide and coordinate the public-related work of government information.
The Executive Office of the People's Government at the district level (rooms) is the competent body responsible for organizing the implementation of this approach.
Article IV. The executive body shall designate specialized agencies responsible for the day-to-day work of the Government of this organ to deal with public information. Specific responsibilities include:
(i) To be responsible for the proactive public information of this organ;
(ii) To receive and process public requests for information to be submitted to the organs;
(iii) Maintain, maintain and update the Government information of the Authority;
(iv) Organizing public guidance for the preparation of government information by this body, a directory of government information, and producing an annual report on the public work of the Government;
(v) Other responsibilities under laws, regulations and regulations.
The executive branch shall refer to the name of the specialized agency dealing with public information and to the post of the Executive Office of the People's Government.
Article 5 Government information should be made public unless, in accordance with the law listed in article 9 of this approach, it is not public.
Government information should be publicly guided by the principles of legal norms, integrity, timeliness and accessibility.
Article 6. For government information that should be made widely known or participatory by the public, the executive body should make a timely initiative to make public information available to society. In the case of government information involving specific targets, the executive branch shall be made public to the applicant in accordance with the prescribed procedures.
Citizens, legal persons and other organizations, in accordance with this approach, require the executive branch to provide information on the Government, without any justification. The refusal of the executive body should explain the reasons.
Article 7. More than the people at the district level should strengthen the Government's leadership in public information and include government information in the financial budget.
Chapter II
Article 8 In addition to the publication of government regulations and universally binding normative documents to society, the executive organs should also make the following public information available to society:
(i) Basic circumstances relating to population, natural resources, geographic and economic development;
(ii) Planning, planning and progress and completion of economic and social development;
(iii) Other types of rural and urban planning, control and detailed planning, as well as overall land use planning and implementation;
(iv) Prospects, occurrences and treatments that affect public hygiene and property safety;
(v) Standards, conditions and implementation in the areas of poverty reduction, excellence, education, social security;
(vi) Approval documents for land use, house demolitions, compensation standards, resettlement programmes, etc.;
(vii) A directory, standard, basis and etc. of administrative charges;
(viii) Planning, design, construction, open tendering and progress in the construction of major infrastructure projects in government investment, and financial use;
(ix) The Government concentrates on the catalogue of procurement projects, the Government's procurement threshold standards, the results of procurement and their oversight;
(x) Distribution, use and monitoring of Government funds (special funds);
(xi) The restructuring of State enterprises, the disposal of State assets and the regulation of operations;
(xii) Investment, construction and use of public goods;
(xiii) Government budget, accounts and actual expenditures;
(xiv) Audit findings of major projects, annual audit reports, audit findings and violations;
(xv) Administrative licences, administrative penalties, administrative enforcement, administrative decisions and the basis, procedures and outcomes of administrative review;
(xvi) The management functions of this organ, the establishment of institutions, the division of labour among leading members, the place of office, the means of communication, the commitment to service, the guidance on the conduct of the business and its adjustments;
(17) The conditions, procedures and outcomes of civil service recruitment, vetting and public selection of cadres;
(xviii) Law, regulations and regulations stipulate that other government information should be made public.
The public competence of the former paragraph matter is also provided by law, legislation and regulations, in accordance with its provisions.
Article 9. The following Government information shall not be made public:
(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 connection with administrative law enforcement, public may affect enforcement activities such as inspection, investigation, evidence, or may threaten the safety of individual life;
(vi) Laws, regulations stipulate that no other circumstances are open.
Government information as set out in subparagraphs (ii), (iii) of the previous paragraph may also be made public by:
(i) The owner or the relevant party agree to be public;
(ii) Public public interest exceeds the possible damage;
(iii) Legal, regulatory provisions may be made public.
Government information listed in paragraph 1, subparagraphs (iv), (v), may be decided by the executive organs if there is a clear public interest and there is no material damage.
Article 10. The executive body considers that government information is not open or temporaryly open and should be reported to the Government's public authorities for information. The Government of the above-level executive body is of the view that it is open and that the administrative organs should be made public in accordance with the relevant requirements of this provision.
Article 11. Civil, legal and other organizations are entitled to provide government information relevant to them in accordance with this approach.
Chapter III Procedures and formats for public information
Article 12
The regulations, normative documents or planning, plans, programmes, etc., to be developed by the executive branch, deal with the significant interests of citizens, legal persons and other organizations, or with significant social implications, may be made public and public opinion to the society before a decision is taken.
In accordance with article 8 of this approach, public information should be initiated, and within 30 working days of the date of receipt or possession of the information of the Government, the head of the unit shall adopt the following one or several forms of public information in accordance with the provisions:
(i) Government-designated political reports, newspapers;
(ii) Government portals;
(iii) Government press conferences and public media, such as radio, television;
(iv) Establishment of public access rooms, information requests points, government information bulletins, electronic screens, or facilities at the main office locations of the executive branch;
(v) To invite the public to listen to the relevant meetings of the Government;
(vi) Other forms that facilitate the timely and accurate access of the public to information.
Government information appropriated on the Internet has been established, and public information on the Government's website should be made public.
Article 14. The regulations or normative documents developed by the executive organs should be published within 30 days of the date of publication, in the form of a government-designate, in the newspapers, and in the current Government portal, with additional public formats. The current Government does not have designated political reports, newspapers or the establishment of Internet sites, which should be issued in the current administrative region by setting up a government bulletin, or by entrusting the top-level Government with the designation of political reports, newspapers and top-level government websites.
Normative documents developed by the executive organs that involve the interests of citizens, legal persons and other organizations or have a significant impact on the development of the region should also be broadcast in the present region on larger media or key elements.
Article 15 Changes, withdrawals or terminations in public matters should be updated and provided by the executive branch within 30 days of change, withdrawal, termination.
Article 16 should establish and improve the Government's press system for the distribution of government information to society on behalf of the Government.
Public information systems in this sector can be established in all sectors of the people's government.
Article 17
In accordance with article 18 to provide information on the needs of the Government, competent administrative bodies should establish public access rooms or public access points, with the corresponding facilities to facilitate access, access to or reproduction of relevant government information.
Article 19 citizens, legal persons and other organizations may apply to the executive body with information from the Government in the form of communications, telegraphs, faxs, e-mails, in accordance with this approach.
The application shall include the following:
(i) The name or name, identity certificate and contact of citizens, legal persons and other organizations;
(ii) A description of the information required by the Government.
The executive branch may provide the applicant with the form of the application.
Article 20, upon receipt of the request by the executive branch, should be registered on the ground, and in addition to the responses that may be received from the location, written replies should be made within 10 working days from the date of registration:
(i) It is open and should be informed that the applicant can receive information from the Government. It is the Government's initiative to make public and should inform the applicant of ways and means to obtain information from the Government.
(ii) It is not open and should be informed that the applicant is not open.
(iii) The applicant should be informed that it is not within the jurisdiction of the receiving body.
(iv) The applicant should be informed of the absence of public information.
(v) The application for public content is not clear and should be communicated to the applicant for changes and supplementary requests.
Article 21, the requested Government information contains no public content, but it is possible to distinguish between treatment and the executive body should provide open content.
Article 2, paragraph 1, subparagraphs (ii), (iii) of this approach, may affect third-party rights and the executive branch shall consult third parties in writing. A third party has not written replies within the prescribed time period, as it does not agree.
Article 23. Civil, legal and other organizations require administrative authorities to provide registration, payment of tax fees, social security-related information to their respective Governments, and should have an effective identity document to submit 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.
Citizens, legal persons and other organizations have found that their relevant government information records are not accurate, incomplete, timely or relevant and have the right to require the relevant administrative organs to adapt them in a timely manner. The administrative body before it is not entitled to change and shall be transferred to the competent organ to deal with and inform the applicant.
Access to information relevant to citizens, legal persons and other organizations is provided, and the State provides otherwise, in accordance with its provisions.
Article 24, in accordance with this approach, decides not to provide or not to modify the information of the Government concerned, shall be approved by the principal head of the organ and provide the applicant with written justifications and remedies.
Article 25. The executive branch shall, in accordance with this approach, decide to provide the applicant with the information provided by the Government and shall be provided in conjunction with the responses or written replies to the applicant; cannot be provided at the same time and shall be provided within 10 working days from the date of the written replies to the applicant.
The time period for the response or the provision of information cannot be properly answered or provided within the prescribed time period, with the consent of the head of the public information body of the executive branch, and the written notification to the applicant for a maximum period not exceeding 10 working days.
Article 26 was suspended for a period of time owing to force majeure or other statutory matters that were not able to respond to the applicant or provide the applicant with information on the Government within the prescribed period, pending the removal of the later period.
During the period of suspension and recovery, the executive branch shall notify the applicant in writing.
In accordance with article 27, the executive branch may request appropriate time and venues to be made available to the applicant for reading at the place or for his own record. At the request of the applicant, the executive body could provide printing and reproduction services.
In the application, the applicant chooses to obtain copies of Government information in the form of mail, transmission, facsimile and e-mail, which shall be made available in the form of the request. As technical reasons cannot be met, the executive branch may choose to provide in the form that is consistent with the Government's information characteristics.
Article twenty-eighth executive bodies should prepare public guidance on government information from this organ and report to the Government of the executive branch at the highest level on the request of the public authorities.
The executive body should prepare a directory of government information that should be open. The Government's information directory should record the name of the information of the Government, the simple description of the basic content and the date of its generation.
A conditional administrative body could produce a directory of public information that is subject to application.
The executive branch should update, as appropriate, the Government's public guidance and the Government's information directory, which is open and accessible through the Government website.
Article 29 should be open to society by the executive branch to the name of the body responsible for public information, office addresses, office time, contact telephones, facsimile numbers, e-mail addresses through Government websites, government information bulletins.
Article 33 provides the necessary assistance to persons with disabilities who have difficulty in obtaining information.
Article 31 provides open government information on the initiative of the executive branch and shall be free of charge to the public.
The executive branch shall, upon request, provide information to citizens, legal persons and other organizations without charge of fees; the actual costs of reproduction, mail, voice information telephone calls, and the application for reproduction, acquisition and use of all types of e-government information resource databases collected, processed, produced and managed by the executive branch and owned their intellectual property. Specific charges are developed by provincial financial and price authorities.
The applicant has difficulty in paying the previous payment costs, and, upon his request, the executive head of the public information body may be exempted.
Chapter IV Oversight inspection
The Government of the people at the district level should establish an open review of the Government's information system that incorporates public information into the social review of the atmosphere, the scope of the archipelag, and make the findings an important element in the completion of the mandate of the executive heads of the nuclear administration.
Article 33 The public authorities of the Government of the communes at the district level should, through the following format, advise and inspect public information on the functioning of the Government and at the lower level:
(i) Regular or non-recurrent inspection of public information;
(ii) Broadly listen to the views and recommendations of the various communities of society on the public information of the Government, including through the issuance of requests for advice, questionnaire surveys;
(iii) Timely briefings in the form of public information briefings by the Government;
(iv) Establish public information on complaints, telephones and comment boxes and communicate complaints, reportingers in a timely manner.
In accordance with their respective responsibilities, the rule of law institutions of the Government, the executive authorities responsible for informationization, the inspection and audit bodies should exercise special oversight of the implementation of public information.
Article 34, sub-administrative bodies should report on public information within the jurisdiction of the executive branch at the highest level.
Article XV Public authorities of the Government of the People's Government at the district level should publish, by 31 March each year, the public report on the information of the previous Government, which should include the following main elements:
(i) Statistical information on the initiative of the executive branch to make requests for public information;
(ii) Public, partial and non-public statistics by administrative organs;
(iii) Statistics on the review, proceedings and complaints made publicly by citizens, legal persons and other organizations, and their outcome;
(iv) The main issues of public information and improved programmes.
Chapter V Legal responsibility
Article XVI violates one of the following circumstances in which the public authorities of government information should be informed about criticism and accountability for the period of time being rectified, and recommends that the same inspection authority or the superior administrative body be given administrative disposal to the head and the person responsible:
(i) There should be no timely public or public content;
(ii) Not to be made public in accordance with the required public;
(iii) The public content is not updated in a timely manner as required;
(iv) Not to provide or update, in a timely manner, the guidance on the conduct of this body, the directory of Government information;
(v) To conceal or not provide publicly accessible government information to applicants in compliance with the statutory conditions;
(vi) No provision of assistance to the applicant for retrieval, search, reading or reproduction;
(vii) The failure to comply with the notification obligation resulting in damage to the legitimate rights and interests of third parties;
(viii) No corrections to the information of the applicant in accordance with the law;
(ix) In violation of the provision of fees or the provision of public information that is not publicly available to respond to compensation;
(x) Other violations of public information provisions.
Article 37 Civil, legal and other organizations consider specific administrative acts by executive organs that violate their legitimate rights and interests, may apply for administrative review by law; administrative proceedings may be instituted in accordance with the law for administrative review decisions; civil, legal and other organizations may also initiate administrative proceedings directly to the People's Court by law.
Article 338, a specific administrative act of a administrative organ that violates this approach, has resulted in the loss of the applicant's or third-party economy, and the applicant or a third party may request compensation in accordance with the law.
Annex VI
Article 39, in accordance with the effective normative documents of the public administration, is not open before the operation of the scheme and should be cleared within 12 months from the date of its operation and made public in accordance with this approach.
Article 40 shall, within 12 months from the date of operation of this scheme, prepare and make public guidance on government information available to this organ and provide a directory of public information on the initiative.
Article 40. The executive body shall, in accordance with this approach, develop specific means of implementation of the public information work of this organ, in the light of the practice of this unit.
The question of the specific application of this approach is explained by the public authorities of the Government of the Provincial People.
Article 43