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Xinjiang Uyghur Autonomous Region, Implementing The Regulation On Government Information Disclosure Methods

Original Language Title: 新疆维吾尔自治区实施《政府信息公开条例》办法

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(The first ordinary meeting of the Government of the People's Government of the Forces nouvelles of the Forces nouvelles (UPR), held on 15 February 2008, considered the adoption of the Decree No. 152 of 19 February 2008 of the People's Government Order No. 152 of 19 February 2008, which came into operation effective 1 May 2008).

Chapter I General
Article 1, in order to strengthen the normative, institutionalization, rule of law-making and more effective protection of the right of citizens, legal persons or other organizations to be informed of the conduct of the Government, to participate, to express their rights and to monitor, to expedite the implementation of the rule of law, to establish this approach in line with the State Department's Public Information Regulations and relevant laws, regulations and regulations.
Article 2, in the administrative area of the self-government zone, public information is being carried out by all levels of the people's Government and the Government's work sector, the immediate agency, and citizens, legal persons or other organizations have access to government information and should be respected.
Article 3 provides public information to guarantee access to government information by citizens, legal persons or other organizations, in accordance with the law, to improve transparency in the work of the Government, to promote the administration of law and to fully play the fundamental role of government information in the production, life and economic and social activities of the people.
Article IV provides for public information and shall be in compliance with the laws, regulations and relevant national provisions and uphold the principles of openness, timeliness, coherence, justice and civil liberties.
Government information must not endanger national security, public safety, economic security and social stability.
The public information work of the Government should be consistent with integrated planning, with a focus, practical and steady implementation and in line with the demands of economic and social development and democratic rule of law-building.
Article 5 Government information openly leads the Government, which is responsible for the implementation of the executive branch, the wide participation of society and the supervision of the inspection mechanism by the administrative inspectorate.
The executive organs should strengthen the organizational leadership of the public information work, provide financial, facilities, human and other guarantees for the successful promotion of public information, include public information in important calendars, and harmonize with other work, deployment and harmonization.
Article 6. The executive organs should develop, at a level and in a variety of formats, model public work units for government information, play a typical role in supporting the innovation practices of the model units, enhance the overall level of public information; and actively promote public information on local common minority languages in the area of national minorities, and facilitate the timely, accurate and comprehensive access of government information to ethnic minorities.
Governments at all levels give incentives to units and individuals that have made a prominent contribution to public information efforts.
Chapter II
Article 7. The Government of the people of the self-governing region has led public information to deploy, plan public content and form of government information to advance, guide, coordinate, monitor and supervise the work of the Government and the self-government sector, and to carry out public information.
In the State, the municipality (territorial), the People's Government (Parliament) and the Government's work sector, the immediate agency should establish a public system of good government information, regulate and improve public content, procedures, format and monitoring guarantees of government information, leading the region and the sector to fully promote public information.
The communes (communes), under the leadership of the Government of the people at the highest level, have a sound system, improved measures and organize public information in the current administrative region.
Article 8
The Government of the people at the district level may, in practice, identify other government departments as public working authorities for information from the current people's Government and perform the functions set out in the preceding paragraph.
Article 9. The executive body should designate a working body that is responsible for the day-to-day work of the Government in which information is made available to the public working authorities, and publicize the name, office address, key staff, office time, contact telephone, e-mail to society.
Article 10
(i) The public information of the Government of the host agency;
(ii) The preparation of public guidance on government information in this organ and the public directory of government information;
(iii) Timely maintenance and updating of public information available to this organ;
(iv) Preparation and presentation of the annual report of the Government responsible for public work;
(v) A confidential review of the public information to be made available by this body with the relevant authorities;
(vi) Other work responsibilities under this organ.
Article 11. The executive organs should strengthen public information and training efforts to fully mobilize the active nature of all sectors of society, to promote an open social climate of government information and to lead citizens, legal persons or other organizations to participate actively in public information activities.
Chapter III
Article 12. The executive organs shall exercise economic regulation, market regulation, social management and public service functions in one of the following cases, in addition to the commercial secrets of the State and protected under the law, and the privacy of the individual, make an initiative to publicize the society:
(i) The interests of citizens, legal persons or other organizations;
(ii) There is a need for broad public awareness or participation;
(iii) Reflecting the establishment, functioning, conduct of the proceedings of the organs;
(iv) Other laws, regulations and national provisions should be made public.
The public information concerning the commercial secrets protected by law and the privacy of the individual should be made public by the owner's consent to the public or administrative body that it may have a significant impact on the public interest.
Article 13 provides for public information matters that are open to society and are specifically determined by the executive organs at all levels; however, legal, regulatory and present schemes stipulate that they should be open and must be made public.
Article 14. The executive organs shall, within the framework of their statutory responsibilities, make public information in accordance with the terms “who produces, who is open; who acquires, preserves, and who is publicly”.
Government information produced by the executive branch is open by the organ that produces the information of the Government; government information obtained by the executive branch from citizens, legal persons or other organizations is vested in the authorities that preserve the information of the Government. The law, legislation and regulations also provide for the public competence of government information, from its provisions.
Article 15. Government information that is within the scope of active public matters shall be made public within 20 working days of the date of the Government's information formation or change. The legal, regulatory and public information time frames are set out in their provisions.
Article 16 The Government of the People of the Autonomous Region focuses on the following matters:
(i) Government regulations and normative documents;
(ii) National economic and social development planning, specific planning, regional planning and related policies;
(iii) Statistical information on national economic and social development;
(iv) Financial advances, accounts reports;
(v) Major investments, construction project approval and implementation;
(vi) Emergency scenarios, forecasts, early warning information and responses to sudden public events;
(vii) Tax charges and relief policies;
(viii) The creation, recognition, adjustment and cancellation of administrative licence matters;
(ix) State-owned enterprise reorganization, property transaction;
(x) Policy, measures and implementation of public service selection and poverty reduction, education, health, social security and employment promotion;
(xi) Non-existence of key personnel.
Article 17 states, municipalities (territorials), and the Government of the People (communes) should focus on the following matters:
(i) Government regulations and normative documents developed by this body;
(ii) National economic and social development planning, specific planning and relevant policies;
(iii) Statistical information on national economic and social development;
(iv) Financial advances, accounts reports;
(v) Approval and implementation of major investment-building projects;
(vi) Government focus on procurement;
(vii) Operational land use concessions and exploitation of mineral resources;
(viii) Implementation of tax charges collection and relief policies;
(ix) Emergency scenarios, forecasts, early warning information and responses to sudden public events;
(x) Policy, measures and implementation of public service selection and poverty reduction, education, health, social security and employment promotion;
(xi) Monitoring of environmental protection, public health, safe production, food medicine, product quality;
(xii) State enterprise restructuring and property transaction;
(xiii) Non-exemptory personnel.
Article 18
(i) Follow-up to national and self-government policies and measures relating to rural work;
(ii) Finance, financial and income;
(iii) The use of specific funds and financial transfers;
(iv) commune (commune) land-use master planning and inspection of residential base use;
(v) commune (commune) claims and fundraising;
(vi) To collect or solicit land, house demolition and compensation, subsidies;
(vii) Allocation of funds, such as disaster relief, excellence, relief and social contributions;
(viii) Contracting, renting, auctioning of economic entities in townships and other townships;
(ix) Implementation of family planning policies.
Article 19
(i) normative documents developed by this organ;
(ii) Implementation of policies and measures in the areas of natural resource development and poverty reduction, education, health, social security and employment promotion;
(iii) Implementation of public resource allocation, market access in specific industries and related qualifications, qualifications, skills determination, award, and other administrative licences or non-administrative licensing clearance matters;
(iv) Execution of administrative penalties, administrative coercive measures and other matters relating to administrative relative, third-party rights obligations;
(v) The project, the basis, criteria;
(vi) Government focus on procurement;
(vii) The selection of civil servants.
Article 20
(i) Significant matters related to urban and rural construction and management;
(ii) Construction of a social good;
(iii) To collect or solicit land, house demolition and compensation, subsidies;
(iv) Management, use and distribution of funds such as disaster relief, excellence, relief and social contributions.
Article 21 provides open and public information matters:
(i) Sectoral functions, responsibilities, competences and contractors;
(ii) The basis, principles, conditions, procedures, standards, time frames;
(iii) Commitments;
(iv) Conduct disciplinary and internal oversight mechanisms;
(v) The way, modalities, duration and duration of legal remedies for results and for administrative decisions;
(vi) Other elements to facilitate public understanding of public information matters.
Article 2 Government information may be made available, provided and published separately, in either of the following or at the same time:
(i) Government bulletins or other sources of information published by the Government;
(ii) Government website (pages);
(iii) Government information counselling hotlines, service stations;
(iv) Press conferences;
(v) Archives, public libraries, public access rooms, electronic screens, bulletins;
(vi) The press, radio, television;
(vii) Other forms that facilitate the timely and accurate access of public information.
The executive organs should explore the use of free government information; broaden the form, scope and scope of hearings, consultation meetings, hearings; regulate the use of public government information in media such as newspapers, radio, television; develop e-government, strengthen government website construction and management, with emphasis on the use of the Internet to advance public information.
Article 23 Governments at all levels should establish government information access sites in public libraries, archives and facilities, facilities, equipment to facilitate access to government information by citizens, legal persons or other organizations.
Article 24 should prepare public guidance on government information and public information directory. The guide and catalogue should be made available to society and be placed in the main office of the institution to facilitate public access.
The public information authorities can prepare public guidance on government information and regulate the public catalogue format of government information or develop model texts. The content of the format and model text should be in line with the provisions of the State Department's Public Regulations on Government Information and the Government's public information authorities.
Chapter IV
Article 25 citizens, legal persons or other organizations may apply to the executive organs to obtain information from the Government that is open.
Article 26 Civil, legal or other organizations shall apply for access to government information other than active public information, and shall submit written requests to the executive branch (including data-based forms). A written application may be made by an administrative body that receives the application for public information.
The content of public information requests should include the name or name of the applicant, the communication address, the means of contact, the description of the information requested in the public, the form of requests for public information and the time of application.
Article 27 requires citizens, legal persons or other organizations to request information from the executive organs on the payment, social security, health, etc. of their own relevant tax fees, and to produce effective identification documents or other supporting documents.
Article twenty-eighth citizens, legal persons or other organizations apply for public information, the administrative organs receiving the application are able to respond on the ground, and should not be dealt with in the light of the following provisions:
(i) Applications for public government information have been made public or have been transferred to other sectors in accordance with the provisions, and in writing to the applicant the manner and means of obtaining information from the Government;
(ii) Applications for public government information that are not produced, maintained and present in writing to the applicant;
(iii) The content of the application is not clear, and a written communication to the applicant is made either modifying or renovating, and should be granted when the change is available;
(iv) To apply for public information containing confidential content, but to distinguish between treatment and to communicate in writing the content of government information that may be publicly available;
(v) The application of open government information is not open and the written communication of the applicant and the reasons for it;
(vi) Other methods and measures under the law, regulations.
Article 29 requires public information relating to commercial secrets and personal privacy, and the executive body to receive the application shall seek in writing the views of commercial secrets, personal privacy rights and inform the time frame for feedback; the right does not agree to be public and shall not be public, but the right is not deemed open to consent.
The public information requested relates to commercial secrets, personal privacy, which the executive body considers that it may have a significant impact on the public interest, should be made public and, in writing, to inform commercial secrets, personal privacy rights.
Article 33 shall be made available in the form of the applicant's request in accordance with the public information requested by the executive branch; it shall not be provided in the form requested by the applicant and may be made available through the arrangement of the applicant's access to relevant information, the provision of copies or other appropriate forms.
Citizens who apply for public information have difficulties or audio-visual barriers, and administrative authorities should provide the necessary assistance.
Article 31 provides that the executive body shall respond within 15 days of the date of receipt of the request for public information and shall, with the consent of the head of the public information body, extend 15 days and communicate the applicant in writing.
In accordance with the request for public information relating to commercial secrets, personal privacy, the time taken by the executive branch to seek business secrets, personal privacy rights opinions will not be calculated within the time period of response.
Article 33, civil, legal or other organizations have evidence that the information provided by the executive body is wrong or inaccurate and has the right to request that the administrative organ be corrected. The administrative body shall not be entitled to correction, and shall be transferred to the administrative body competent to corrections and to inform the applicant in writing.
In accordance with article 33, the executive branch may not collect other costs except for costs such as access to information, printing, reproduction and mailing to the applicant. Specific charges projects, standards are implemented in accordance with the State's price, financial authorities, and in accordance with the prices of the self-government area, the management authority and procedures of the financial authorities.
A citizen who has difficulty in living, who has been requested and provided evidence that the Government of the administrative body that has accepted the application is subject to public scrutiny of the work agency, which can compensate for the costs.
Chapter V Safeguards and oversight
Article 34 of the law, regulations, rules and regulations should be prescriptive, reconsidered and other matters relating to the vital interests of citizens, legal persons or other organizations, and the executive body must make public statements to society before deciding or implementing them.
The feedback received during the period should be carefully heard, studied; recommendations, criticism of legality, reasonableness, science or legitimacy, and should be fully adopted.
Article 33 15 should establish a mechanism for the public confidential review of information by the Government to explicitly review procedures and responsibilities.
Public information should be kept confidentially under the conservative National Secret Act and the relevant provisions, and if it is not open, it should be communicated to the competent authorities or to the confidential work body for review.
Article XVI of the executive branch publishes information involving other administrative bodies and should communicate with the relevant administrative bodies, confirm that the Government's information issued is accurate and legitimate.
Article 37 provides for an annual reporting system for public information.
The Government's annual report on public information should include the following:
(i) proactive public information;
(ii) An open public information maintenance update;
(iii) Specific circumstances such as the application of public information, part of public information and non-open government information;
(iv) Conference of fees and fees for requests for public information;
(v) Administrative review, administrative proceedings and administrative compensation arising from public information on specific administrative acts;
(vi) Issues and improvements in public information;
(vii) Other matters to be reported by law, regulations.
The executive branch should send the Government's annual report on the public work of public information to the public information authorities by 31 March of the previous year and make public the society.
Article 338 shall not provide government information by any means and by any means. In accordance with article 33 of this approach, the costs are charged.
Government information requirements for public work are included in the budget of the Authority, which is guaranteed by the current level of finance.
Article 39 should establish a system of press conferences and follow up on regular press conferences, disclose public information available to the media on the priorities of work at one stage or one period, and the main measures to be taken.
Government information on the occurrence, progress and disposal of matters such as major epidemics, shocks and emergencies should be disseminated in a timely and accurate manner to the media and society.
Article 40. The executive body should strengthen the hierarchy of oversight inspections, with regular inspections by the Government of the High-level People's Government, the Government of the people at all levels of the population, the public work of the Government's information in the lower sector, the main practices and problems.
The Government of the people at the district level should proactively, promptly and comprehensively report to the General Assembly and its Standing Committee on the information of the Government, receive the supervision of the authority in accordance with the law, and proactively listen to the views and recommendations of the political and other social groups on improving the public information of the Government and actively accept democratic oversight.
Article 40 should be taken by the executive branch to establish a criticism proposal, a complaint sheets box, establish a telephone line, undertake social review activities, and continue to improve and improve public information.
Citizens, legal persons or other organizations consider that the executive body is not in compliance with the public information obligation under the law and has the right to complain, report to its superior administrative organs, the public information authorities of the Government or the administrative inspectorate. Complaints and reports should be processed in a timely manner. Significant complaints, the results of the handling of the reporting matter should be made available to society.
Article 42, the executive body should incorporate public information into the annual work objective appraisal system, develop a vetting approach, identify the specific responsibilities of the responsible institutions, those responsible, as well as the specific manner and measures of responsibility, and implement accountability systems. The results of the study should inform the Government of the annual report on public work and be made public to society.
Article 43, civil, legal or other organizations, considers that specific administrative acts of administrative organs in public information violate their legitimate rights and interests, may apply to administrative review or administrative proceedings in accordance with the law.
Chapter VI Legal responsibility
Article 44 states that the executive branch and its staff have one of the following cases, and, in accordance with the authority and procedures of management, the administrative inspectorate has been converted to and criticized by its superior administrative organs:
(i) No public responsibility for government information, in accordance with the content, procedures, modalities, time frames provided for in this approach, has not been changed within the time period for corrective action;
(ii) obstruct the public scrutiny of public information;
(iii) deliberately provide wrong and false government information;
(iv) Counter reprisals against complaints units or individuals;
(v) Resistance in the public information work, which is deceptive of honour.
The law, legislation and regulations regulate the treatment of the acts listed in the preceding paragraph, as well as its provisions.
Article 42 provides information to the Government by the executive branch and its staff members who are paid or otherwise paid, and by the authorities of the people at the district level responsible for the return of the proceeds of the conflict to the payment of the proceeds of the violation; cannot be returned to the country's bank forfeiture by law.
Article 46, in violation of the confidentiality review, provides for public information, leakage of State secrets, a change in order to be made by the organ or by the superior body, the administrative disposition of the responsible person in accordance with the law; and a criminal offence is punishable by law.
The publication of government information, in violation of the Government's open competence and the provisions of the public information coordination mechanism of the Government, has resulted in a breakdown, which is addressed in the preceding paragraph.
Article 47 conceals or deliberately provides false government information, or violates public commercial secrets, personal privacy information, violates the legitimate rights and interests of citizens, legal persons or other organizations, causing damage and shall be compensated by law.
The executive organs should be held accountable to the competent and other persons directly responsible for liability under the law and be responsible for the partial or all compensation costs.
Article 48 violates other acts under this approach and should assume legal responsibility and be implemented in accordance with the relevant laws, regulations and regulations.
Chapter VII
Article 49 of the Administration's internal management services to this body should be broadened, the open scope of decision-making, the sound system, clear measures and the level of openness and democratization in internal management.
Article 50 of the law, the organization mandated by the statute to administer the functions of public affairs, and the activities to implement vertical or dual-led public information in the relevant sectors.
Article 50 Education, health, family planning, water supply, electricity, heating, environmental protection, public transport, etc., is a public business unit that is closely linked to the people's interests and implements the provisions of the relevant authorities of the Department of State.
Governments at all levels should promote, guide, coordinate and monitor public service information on public management and public services, in accordance with their responsibilities.
Article 52 is implemented effective 1 May 2008.