The Hubei Provincial Government Information Disclosure Requirements

Original Language Title: 湖北省政府信息公开规定

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Order No. 262, the Hubei Provincial Government of Hubei provincial regulations on information disclosure on May 8, 2004 provincial executive meeting examined and adopted, promulgated and come into force since July 1, 2004.
        Governor of Hubei Province Luo qingquan May 18, 2004 the provincial government information disclosure regulations chapter I General provisions article to promote openness in Government Affairs, increase the transparency of administrative activity, protect the right of citizens, legal persons and other organizations, supervising the administrative organs exercise their powers in accordance with the relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
    Government information referred to in these provisions in article, refers to the people's Governments above the county level and their departments and administrative powers according to the law of Organization (hereinafter referred to as government agencies) in the course of their management or the provision of public services production, access to or control of the relevant information.
    Article III the principle of open government information, closed as an exception.
        In addition to following the disclosure of Government information must be: (a) State secrets, (ii) trade secrets and personal privacy; (c) the Government agency before making a specific administrative act, public law enforcement activities may affect national interests, public interests and (iv) laws and regulations provide an exemption from additional government information public.
        Disclosure of Government information should follow the principles of legitimacy, authenticity, accessible and timely.
    Fourth people's Governments above the county level shall strengthen leadership on disclosure of Government information, information disclosure requirements included in the budget of the Government.
        Fifth joint meeting of the Government of the people's Governments above the county level should establish information system, by the Office of the Government of the joint (Office), the administrative departments in charge of information and the legal work of the Government agencies, departments and other government organs responsible for studying, coordinating and advancing the opening of Government information services.
    Office of the people's Governments above the county level (lounge) is responsible for organizing the implementation of these provisions.
        Legal work of the people's Governments above the county level bodies and supervision departments in accordance with their respective responsibilities, is responsible for the implementation of the disclosure of Government information review and supervision and inspection.
    Sixth Government organs should specify specialized handling to the organs of Government information services, and establishing information disclosure procedures and systems.
        Chapter disclosure article seventh following Government information Government information and open government organs should take the initiative. (A) Government regulations, and normative file and and economic, and social management and public service related of other file; (ii) economic social development of general planning, and plans and progress and completed situation; (three) town planning, and land using planning and various professional planning and implementation situation; (four) administrative license matters of according to, and conditions and program and administrative charges project of according to and standard; (five) and population, and natural resources, and geographic, and economic development, about of basic situation; (six) Government financial budget, and summary Is and actual spending and audit status; (seven) Government organ of institutions set, and functions and the adjustment, and changes situation; (eight) effect public security of outbreak, and disaster, major burst event of forecast, and occurred and processing situation; (nine) important special funding of distribution using situation, and major capital project and government investment construction of social public career of construction and run situation; (10) Government procurement directory, and limit standard, and procurement results and supervision situation; (11) poverty, and special care and, and education, and social security, and
    Labour employment standards, criteria and implementation (12) civil service recruitment, employment conditions and procedures, the results of this situation (13) Government organs should take the initiative to disclose other information. Eighth government agencies should be prepared to the body belongs to the list of active publicity range of Government information.
    Conditions in government offices, to the preparation of the disclosure of Government information Government information other than directory.
    Directory of Government information should be adjusted and updated.
    Nineth Government disclosure of Government information should be adopted by the Government website, Official Gazette, News Conference, news media and fixed installations, such as one or more open. Article tenth province, the municipal government portal.
    Government Portal sites regular content updates.
    11th Government disclosure of Government information, newspapers, television, radio and news websites and other news media should be published and reported in a timely manner.
    12th Government organs should establish regular disclosure of Government information, electronic screens, electronic touch screen facility, setting the public access room or a public access point, facilitate retrieval and search by the public.
    Conditional government agencies can open government information service hotline has been established. 13th provincial and municipal people's Governments establish the spokesman system, represent the level of Government publishes Government information on a regular basis. Provincial government departments and county governments concerned according to actual needs, establishment of this sector and the spokesperson system in the region.
    The regions and sectors of the press spokesman system has not been established, in case of unexpected public incidents, can be temporarily held a press conference, public events related to the situation.
    14th is a disclosure of Government information, the Government authority shall, after the information generated timely and open, not open in time for special reasons, public time not later than 15th after information.
    Government agencies failed to meet disclosure obligations, citizens, legal persons or other organizations may request the Government publicly in a timely manner, and has the right to complain to the relevant oversight bodies.
    15th article involves the vital interests of citizens, legal persons and other organizations, or have a significant social impact matters before the formal decision, the implementation of open system, the authorities should be determined by released to public, fully listen to adjust views before making a decision.
    Chapter III request for government information open 16th citizens, legal persons and other organizations are entitled to pursuant to this provision, requiring government agencies to disclose Government information other than the disclosure of Government information. Apply for a public government information, by letter, telegram, fax, e-mail or any other means or orally presented to the relevant government authorities.
    Oral application, the Government authority shall make records.
    Application should include the applicant's basic situation, description of the information required in order to staff queries and response of the Government. 17th Government authorities upon receipt of the application, shall register and date of receipt of the application within 15 working days to decide whether to open and reply to the applicant. Decide, should the applicant apply for the spot after open cannot open on the spot, shall, within 10 working days after the applicant processing publicly. Decisions will not be made public and shall state the reasons in writing.
    Disagrees with the applicant, to the relevant supervisory authorities.
    18th Government organs should be based on citizens, legal persons and other organizations apply for and the actual needs, combining the characteristics of information, decided to take advantage of an open form.
    Article 19th information processing, and he justified for objective reasons not within the period specified in the decision whether or not to publish or provide information, information heads of specialized agencies by the Government agencies agree that term can be prolonged, but the extension of the maximum period of 15 working days.
    20th decided not to open government information, government agencies may not on their own or through a third party to pay or disguised compensation to citizens, legal persons and other organizations.
    21st Government information exempted from public information, but can distinguish between, government agencies should be publicly available and open content. 22nd citizens, legal persons and other organizations find government information records are not accurate, incomplete, untimely, or irrelevant, is entitled to require government agencies to change.
    Before the Government agencies are not allowed to change, should be forwarded to the authority competent to deal with. 23rd government agency request to provide Government information, conditions should be provided to facilitate application for inspection or copying on the spot. Upon the request of the applicant, government agencies can provide services such as printing, copying.
    Require proof of access to the applicant, the authorities should provide. Select other forms in the application the applicant copies of the access to government information, the Government authority shall, in accordance with the requirements of form.
    Due to technical conditions cannot be met, government agencies can choose the features provided in the form of Government information.
    The fourth chapter legal liability article 24th contact Conference should establish and improve the disclosure of Government information Government information systems, and Government information available to the public on a regular basis the implementation of inspection and evaluation, reports to the public disclosure of Government information. 25th government agencies in violation of the provisions of article, any of the following acts, by the General Office of the people's Governments above the county level (room) shall be ordered to correct.
    Late not modified of, wing door directly is responsible for of competent personnel and other responsibility personnel can give administrative sanctions: (a) violation this provides in the on public content, and way, and program and time provides of; (ii) paid or disguised paid provides should public of Government information or violation provides charges of; (three) public of Government information content not real of; (four) violation confidential legal, and regulations provides of.
    26th Government of falsifying or tampering with information, harm public interest and dealt with according to law by the relevant authorities constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Fifth chapter supplementary articles article 27th Government of the Township people's Government information disclosure by reference to these regulations.
    28th article of the regulations come into force on July 1, 2004.