Provisions Of Shanghai Municipal Government Information Publicity

Original Language Title: 上海市政府信息公开规定

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(January 19, 2004 Shanghai City Government 29th times Executive Conference considered through January 20, 2004 Shanghai City Government makes 19th, released since May 1, 2004 up purposes) first chapter General first article (purpose according to) to established just transparent of administration system, guarantees citizens, and corporate and other organization of informed right, maintenance its itself lawful rights and interests of, supervision government organ law perform duties, according to legal, and regulations of about provides, combined this city reality, developed this provides.
    Article II (definitions) of Government information in these rules refers to government agencies and economic, social management and public services, in paper, film, tapes, disks, and other electronic storage material carriers reflect content.
    Organs of Government in these rules refers to the city people's Governments at all levels and departments, agencies, and other organizations exercising administrative authority according to law.
    Article III (principles), except legally exempted from public listed in this article tenth of outside, where associated with economic, social management and public services government information should be made public or made available upon application.
    Disclosure of Government information should follow the principles of timeliness, convenience, improve efficiency and provide quality services.
    Fourth (organization sector) set up a joint meeting of the Government information system of this municipality, joint meetings by the General Office of the municipal government, the municipal informatization Commission, City Commission, the Legislative Affairs Office of the municipal government, the municipal government information Office, as well as other relevant government organs, is responsible for the coordination of research, important issues in the process of advancing the opening of Government information.
    Municipal Information Committee is responsible for organizing, directing and promoting the implementation of these provisions.
    The district (County) of information within their respective administrative areas, the Committee is responsible for organizing, guide, and promote the implementation of these provisions. Fifth (responsible institutions) the Government shall designate the organs dealing with government information services of the specialized agencies, in charge of the daily work of Government information.
    Specific duties including: (a) is responsible for this organ active public government information of matters; (ii) accepted and processing to this organ proposed of Government information public application; (three) custody, and maintenance and update or urged this organ about institutions custody, and maintenance, and update this organ of Government information; (four) Organization prepared this organ of Government information public Guide, and Government information directory and this organ Government information public work annual report; (five) legal, and regulations, and regulations provides of other duties.
    Sixth (watchdog) municipal, district (County) to monitor departments and government legal departments in accordance with their respective mandates, is responsible for the Organization and supervision of the implementation of the disclosure of Government information review.
    Chapter II scope of Government information disclosure article seventh (right of public) right of citizens, legal persons and other organizations in accordance with this provision, which requires government agencies to provide information about the Government.
    Eighth article (should active public of Government information range) Government organ should active to social public following Government information: (a) management specification and development plans aspects 1, and municipal government regulations, and the Government organ developed of normative file and and economic, and social management and public service related of other file; 2, and economic social development of planning, and plans and progress and completed situation; 3, and city general planning, and other various city planning and land using general planning, planning.
    (B) major issues closely related to public 1, affect the public personal and property safety of epidemics, disasters or emergency forecasting, and the handling of the case; 2, poverty, care, education, social security, employment standards, criteria and implementation; 3, land expropriation, housing demolition and approval documents, compensation, resettlement programmes, and so on.
    (C) the use and monitoring of public funds 1, public tender bid for major urban infrastructure projects and project progress 2, centralized government procurement projects directory results, government procurement quotas, procurement and monitoring; 3, actual expenditures for the Government financial budget and final accounts and audit.
    (Iv) Government agencies and personnel 1, government departments at all levels of management functions and adjustments, changes in; 2, civil service recruitment, hiring and the conditions, procedures, results of openly selecting cadres, and so on.
    (E) the laws, rules and regulations shall be open to other government information.
    Laws, regulations, provisions of public permissions on the items of the preceding paragraph, in accordance with its provisions.
    Nineth (draft decisions published) intended Government decision, planning provisions or the planning, planning, programming, and so on, related to the vital interests of citizens, legal persons and other organizations, or have a significant social impact, in the process of developing draft draft authority or authorities should be open to the public, sufficient to listen to public views. Tenth article (from public of Government information range) following Government information, from public: (a) belongs to national secret of; (ii) belongs to commercial secret or public may led to commercial secret was leaked of; (three) belongs to personal privacy or public may led to on personal privacy right caused improper against of; (four) is survey, and discussion, and processing process in the of, but legal, and regulations and this provides another has provides of except; (five) and administrative law enforcement about, public Hou may will effect check, and survey, and
    Forensics or law enforcement activities such as a threat to personal safety, and (vi) other circumstances as laws and regulations provide an exemption from public.
    Subparagraph (b), (c) Government information listed, the following circumstances, without the limitation of free public: (I) rights or relevant parties agree to open it, (b) open the public interest outweighs any harm caused, (iii) laws and regulations can be made public.
    The first paragraph (iv), (v) Government information listed, if disclosure is clearly in the public interest and the public does not cause substantial damage, the Government may decide to disclose.
    Chapter III procedures and forms of Government information disclosure section 11th (application) of citizens, legal persons and other organizations in accordance with the provisions of article seventh request for government information, by letter, telegram, fax, e-mail, and to control the Government in the form of government agencies for information.
    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. 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.
    12th (reply) the Government authority upon receipt of the application, shall be registered on the spot and give a written reply 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.
    (B) is exempt from public access, it shall notify the applicant will not be made public.
    (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.
    13th (partly open) Government requested information from the content, but to distinguish between, government agencies should provide open content. 14th (relating to third party information) to request Government information belongs to the first paragraph of this article tenth part (b), (c), which may affect the rights of third parties, except the offices of a third party has written to the Government commitment to agree to open outside, Government shall seek the advice of a third party in writing.
    Third parties did not respond within the required period, is taken not to agree to provide. 15th (access and correct their information program) citizens, legal persons and other organizations asked the Government to provide registration, tax payment, social security and other government information related to itself, shall hold a valid identity document, and submit a written application to the Government. Written applications should include a description of the information required, and sign or seal.
    Government agencies should create conditions, finds the identity of new technologies through the use of the Internet to facilitate the citizens, legal persons and other organizations submitting applications to the Government via the Internet. Citizens, legal persons and other organizations find it against their own Government-related information recording inaccurate, incomplete, untimely, or irrelevant, entitled to require the relevant authorities to change in a timely manner.
    Before the Government agencies are not allowed to change, should be forwarded to the authority competent to deal with, and inform the applicant.
    Citizens, legal persons and query their information to other organizations, provide, otherwise provided by the State, in accordance with its provisions.
    16th (prohibited acts) Government agencies respond to information provided by the applicant will not be made public, not the Government, no longer provided as a paid service or paid service in disguise, not with the Government organ affiliated or operational guidance relationship of enterprises and institutions, intermediary organizations in the form of paid or disguised paid to citizens, legal persons and other organizations.
    17th (justified) Government authorities according to the provisions of article 12th paragraph (ii), 13th, 14th and 15th section replies to the applicant, shall state the reasons for which reply shall not be provided or not to change, and shall state the relief.
    18th (period) 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 15 working days from the date of the registration written replies. Provide Government information to the applicant in accordance with these provisions, the authorities shall provide on the spot after the applicant completed the application procedures; cannot be provided on the spot, shall be provided within 10 working days after the applicant procedures are completed.

    For just cause cannot be made within the period specified in the reply or provide information, agreed by the heads of Government information publicity agencies, can extend the term of the replies or provide information and advise the applicant in writing, extend the maximum period of 15 working days.
    19th (suspension of the period) due to force majeure or other legal cause, cannot reply within the time provided in the applicant or provide Government information to the applicant, the term suspension, term recovery calculation after the obstacle is removed.
    Suspension and restoration of the term, the authorities shall promptly notify the applicant in writing. 20th (according to application form) Government agencies provide Government information request and conditional can arrange a suitable time and place, for the applicant to read or to make their own copy.
    Upon the request of the applicant, government agencies can provide services such as printing, copying. Applicants selected in the application by mail, delivery, copy, fax, e-mail and other forms of access to government information, government agencies should be provided in the form of the application requirements.
    For technical reasons could not be met, government agencies can choose to fit the features provided in the form of Government information. 21st article (active public of form) according to this provides eighth article should active public of Government information, should take meet the information features of following a or several form timely be public: (a) Government bulletin or other newspaper, and magazine; (ii) Internet Shang of Government website; (three) Government Press Conference and broadcast, and TV, public media; (four) in government organ main office locations, to established of public check out room, and information obtained points, and Government information announcement bar, and electronic screen, places or facilities
    (V) other forms of easy to public timely and accurate access to information.
    Government disclosure of Government information should be available free to the public.
    22nd (Government information guide and directory of Government information) the Government should prepare the organs of Government information disclosure guidelines. The Government should be the preparation of the organs within the scope shall take the initiative to open the directory of Government information.
    Directory of Government information Government information shall be recorded the name, brief description of the basic content and the date.
    Conditional government agencies can be gradually prepared the bodies belong to the public directory of Government information.
    The Administration should update the organs of Government information guide and directory of active publicity range of Government information and open for inspection, including through Government Web sites.
    23rd (regulations and regulatory documents open) Government regulations and regulatory documents shall be from the date of publication in the 30th on a Government Web site on the Internet open and public in the Government Gazette, and increases in other open forms.
    Normative documents from other government bodies shall be from the date of publication in the 30th on a Government Web site on the Internet public, while increases in other open forms.
    24th (issuance and inspection of the municipal Bulletin) municipal bulletin shall promptly send to the designated kiosk, bookstore, post office, such as free distribution points to facilitate public access.
    City bulletin shall be detailed in the district (County) Government Office appropriate venue, city and area (s) archives, public libraries, facilitate free access by the public.
    25th (Government spokesperson system) municipal, district (County) Government to establish and perfect the spokesperson system, on behalf of the Government to the public of Government information.
    According to the actual needs of various departments of the Municipal Government set up the spokesperson system in each Department.
    26th (public access site settings) according to the need to provide Government access to information, government agencies have criteria should be set or public access points the public access room, equipped with the necessary facilities, facilitate the retrieval of information related to the Government by the public, query, replication. 27th (charges apply) Government agency request, provide Government information to citizens, legal persons and other organizations you may charge actual retrieval, copying, mailing, delivery and other costs.
    Charging standards formulated by the competent Department of the municipal finance and prices, charges all paid financial.
    Of applicants according to the relevant provisions of this city belongs to the low-income people, upon his own request, government agency open Government Information Agency Director approval may be exempted from fees.
    Fees otherwise provided by laws and regulations, in accordance with its provisions.
    28th (guidelines) the Government should use this organs of institutions responsible for disclosure of Government information the name, Office address, office hours, telephone, fax number and electronic mail address to the public, citizens, legal persons and other organizations regarding the disclosure of Government information advisory.
    29th (help) to disabled people who have difficulty reading, illiterate applicants, the authorities should provide the necessary assistance. Fourth chapter supervision and relief 30th article (annual report) city information Committee should Yu annual March 31 zhiqian, announced this municipal government information public annual report, annual report should including following content: (a) Government organ active public government information of situation; (ii) citizens, and corporate and other organization application public government information of situation statistics; (three) Government organ agreed public, and part public and from public of classification situation statistics; (four) on Government information public proposed reconsideration, and
    Statistics and results of litigation and appeals, (v) existing problems and improvement programmes and (f) other important matters that should be reported. 31st article (legal responsibility) Government organ violation this provides, has following case one of of, by city information Committee ordered corrected; plot serious of, by monitored sector or competent administrative organ on directly is responsible for of competent personnel and other responsibility personnel law give administrative sanctions: (a) not perform active public obligations, and not timely update active public content of; (ii) not provides or not timely update this organ of do guide, and Government information directory of; (three) on meet statutory conditions of applicants,
    Concealment or should open government information is not provided; (d) fails to perform the obligation causes damage to the legitimate interests of third parties, (e) failing to correct information about the applicant; (vi) violation charges. 32nd (remedy) of citizens, legal persons and other organizations that the Government authority does not perform its obligation of disclosure of Government information, and to report to the supervisory organ or by government agencies.
    Accept the organ shall investigate and deal with reports.
    Citizens, legal persons and other organizations that the Government authorities in violation of the provisions of the specific administrative act, violations of their legitimate rights and interests, may apply for administrative reconsideration, administrative review decision, you can file an administrative lawsuit in accordance with law; citizens, legal persons and other organizations can also be directly to the people's Court to file an administrative lawsuit in accordance with law.
    33rd (damages) caused by specific administrative acts of government authorities in violation of the provisions the applicant or third party losses, an applicant or a third party may request compensation according to law.
    The fifth chapter supplementary articles article 34th (funding) funding for Government disclosure of Government information should be included in the annual budget, ensuring normal progress of Government information disclosure activities.
    35th (unpublished normative documents) pursuant to this provision shall be effective normative documents of public authorities, prior to the implementation of the provisions for failing to open, within 6 months from the date of implementation of this provision should be open through Government Web sites on the Internet, can also be exposed through other appropriate forms.
    Article 36th (preparation of the Guide, directory and open time) within 6 months from the date of implementation of this provision, each Government Agency shall, in accordance with the provisions of this article 22nd generation and public disclosure of Government information guide and should take the initiative to disclose the extent of the information directory.
    37th (implementing rules) Government agencies pursuant to this provision, applicable to this body of rules are formulated.
          38th (execution date) these regulations come into force on May 1, 2004.