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Circular on Printing the Stipulation on Government Information Disclosure of Nanchang City
PubTime:09-11-26 03:01:00

To the people’s governments of counties (districts), administrative committees of development zones (new areas) and departments of the Municipal Government,

The Stipulation on Government Information Disclosure of Nanchang City passed at the 22nd meeting of the Standing Council of the Municipal People’s government on May 23, 2008 is now printed for issue. Please follow the provisions thereof.

Stipulation on Government Information Disclosure of Nanchang City

Chapter 1 General

Article 1 This Stipulation has been formulated to further construction of serving governments, to promote law-compliant administration, to improve transparency of administrative behaviors, and to guarantee that citizens, enterprises and other organizations may have legal access to governmental information, in compliance with the Regulation of the People’s Republic of China on the Disclosure of Government Information (hereafter referred to as the Regulation) and relevant laws and regulations and in combination of the practical situation of the City.

Article 2 This Stipulation applies to all activities concerning government information disclosure of administrative organs in the City.

The administrative organs referred hereof mean the governments of municipalities, counties (districts) and townships (towns), governmental departments of municipalities and counties (districts) and their legally established agencies, legally established branch offices of governments of municipal and county (district) level, and other legal administrative organizations.

The government information referred hereof means any recorded or maintained information, in forms of paper, films, tapes ,discs and others, that is prepared or acquired in the process of administrative organs fulfilling their duties.

Article 3 The General Office of the Municipal Government is the competent authority for disclosure of government information of the City, and is responsible for pushing forward, guiding, and coordinating and supervising government information disclosure work of the whole city.

Other competent authorities specified by county (district) government or government offices for government information disclosure are responsible for pushing forward, guiding, coordinating and supervising government information disclosure work of respective counties (districts).

Article 4 Government information follows the principle of disclosure, with non-disclosure as exception. Administrative organs shall follow the principle of fairness, justness and people-convenience to disclose government information timely and correctly according to the law. Disclosure of government information may not endanger security of the state, public safety, economic security and social stability.

Chapter 2 Information Review

Article 5 Administrative organs shall establish a sound mechanism for issue, confidentiality and review of government information; and the review shall be carried out in compliance with the principle of “responsibility to be assumed to anyone who formulates, reviews and discloses the information”, with clear process and responsibilities.

Administrative organs shall review government information to be disclosed following the Law of the People’s Republic of China on Guarding State Secrets and other laws, regulations and relevant provisions of the state, and government information without being reviewed may not go public.

As for government information that needs to be disclosed for wide public knowledge or participation and contains in some parts state secrets, such government information shall be disclosed after being decrypted and deleted of content relating to state secrets.

As for government information that remains undetermined for disclosure, such shall be reported to competent authorities or departments for confidential work of the same level, in accordance with the law, regulations and relevant provisions of the state, for determination.

Article 6 Administrative organs shall review whether the scope, forms and time period for disclosure of government information are in compliance with relevant provisions of the Regulation.

Where administrative organs discover that false or incomplete information that affects or may affect social stability or disturb social management order, they shall issue, within their responsibility, correct government information for clarification.

Chapter 3 Active Disclosure

Article 7 Administrative organs shall give active disclosure of government information that meets any of the following requirements:

 (I) That involves immediate interests of citizens, enterprises or other organizations;

 (II) That needs wide knowledge or participation of the public and the society;

 (III) That reflects the structure, function and handling procedures of the organ; and

 (IV) Others that shall be actively disclosed according to the law, regulations and rules.

Article 8 Administrative organs shall determine, within respective responsibilities, specific government information to be actively disclosed, focusing on the following government information for disclosure:

 (I) General information:

1. General information of the Administration organ;

2. Structure of the government and functions of governmental departments, internal organizations and subordinate administrative organs; and

3. Profiles, responsibilities, important activities and speeches of leaders in the administrative organ.

 (II) Legal documents:

1. Laws, regulations and rules to be implemented by the administrative organ;

2. Normative documents formulated by superior administrative organs or administrative organs of the same level and requiring implementation by the administrative organ; and

3. Other legal documents that are formulated by the administrative organ and need to be disclosed.

 (III) Development planning:

1. National economic and social development planning, special planning, regional planning and relevant policies; and

2. Planning of annual work, important work and staged work.

 (IV) Work:

1. Important meetings, economic and social development, practical projects for people’s benefits, self-construction and other administrative affairs;

2. Emergency plans, forewarning and countermeasures for public emergencies;

3. Public disclosure administrative affairs; and

4. Overall statistics for stages.

 (V) Personnel information:

1. Public disclosure of leader appointment;

2. Recruitment of public servants and workers for public institutions; and

3. Recognition of and award for public servants and employees in public institutions.

 (VI) Financial information:

1. Budget and final accounting of financial departments and audit;

2. Catalogs, standards and implementation of concentrated purchase for the governments, tendering for government-invested projects and use of construction funds;

3. Items, accordance and standards of fees collected for administrative cause;

4. Management (allocation, use of and supervision over project capital) of special funds set up by the governments, payment and use of compensations and subsidy paid by the governments for requisitioned land, demolition and resettlement of houses, and management and use of funds and substances for relief of natural disasters, preferential treatment, helping the poor and social contributions;

5. Policies for taxation, financing and insurances and their performances;

6. Approval and implementation of key construction projects, construction of key projects for social public causes; and

7. Investment promotion work.

 (VII) Administrative law enforcement:

1. Legal accordance for implementation of administrative permission, administrative punishment, administrative enforcement, administrative requisition, administrative payment, administrative adjudication and their specific administrative behaviors by administrative organs of the same level; and

2. Administrative law enforcement and administrative review.

 (VIII) Public services

Service information for the public, enterprises and other organizations and information relating to foreign services

 (IX) Other required information that administrative organs deem as necessary for disclosure on top of the abovementioned clauses.

Article 9 Governments of county (district) level shall determine, within their responsibilities, government information to be actively disclosed, focusing on the following government information for disclosure:

 (I) Full implementation of policies for rural work;

 (II) Management and use of financial balances and all special funds;

 (III) General planning of land use in townships (towns) and review on use of housing land;

 (IV) Payment and use of compensations and subsidy for requisitioned land and demolition and resettlement of houses;

 (V) Rights and obligations, and fund-raising and labor-input of townships (towns);

 (VI) Payment of funds and substances for relief of natural disasters, preferential treatment, helping the poor and social contributions;

 (VII) Contracting, leasing and auctioning of collective enterprises and economic equities in towns and townships; and

 (VIII) Implementation of family-planning policy.

Article 10 Government information involving the following content will not be disclosed:

 (I) State secrets;

 (II) Commercial secrets or the disclosure of that may lead to leakage of commercial secrets;

 (III) Individual privacy or the disclosure of that may lead to infringement of individual privacy; and

 (IV) Other circumstances the law or regulations exempt from disclosure.

Government information listed in Item (2) and (3) of Article 10 hereof may be disclosed, in case the right owner agrees to disclose it or the administrative organ considers it may seriously affect public interests.

Article 11 Government information may be disclosed through one or more ways as listed below:

 (I) Government or department websites;

 (II) Government bulletins, publicly issued special publications for government information, newspapers, radio and television;

 (III) News releases; and

 (IV) Other ways convenient for the public to acquire timely and correct government information.

Article 12 Governments of all levels shall set up government information reference sites in the State Archives and public libraries, and provide corresponding facilities and equipment for citizens, enterprises and other organizations to get government information conveniently.

Administrative organs may set up, as necessary, such sites and facilities as public reference rooms, data retrieval points and information bulletins to disclose government information.

Administrative organs shall provide government information timely to the State Archives and public libraries for active disclosure.

Article 13 Administrative organs shall disclose government information that belongs to active disclosure scope promptly after it is formed; in case such information cannot be timely disclosed due to some particular reasons, the disclosure shall be made within 20 working days after the information is formed. Where the time limit for disclosure of such information is otherwise stipulated by laws and regulations, such laws and regulations shall be observed.

Article 14 Administrative organs should prepare and government information disclosure guidelines, contents of government information within active disclosure scope and annual government information disclosure reports that belong to respective departments, with timely updates.

Article 15 Administrative organs should establish and perfect spokesman system to regularly disclose government information on behalf of them respectively.

Article 16 Disclosure of government information of departments (units) that no longer exist due to government restructuring shall be implemented by departments (units) that take over the function.

Chapter 4 Disclosure through Application

Article 17 Citizens, enterprises or other organizations (hereafter referred as the Applicant) may apply to relevant administrative organs for acquisition of related government information that are necessary for their own production, living, researches and others. The Applicant shall make legal use of acquired government information through application, and may not engage in illegal activities with such information.

Article 18 The Applicant shall make applications in written form (including form of electronic message). Where applications in written form cannot be realized, the Applicant may make oral applications, which will be put down as public applications for government information by the handling administrative organs with signature of the Applicant for confirmation. A public application for government information shall include:

 (I) Name and contact information of the Applicant;

 (II) Description of the government information required; and

 (III) Form of the government information required.

Article 19 In case that the Applicant provides such government information relating to himself/itself as paid taxes, social security, health care etc., the Applicant shall show his/its ID card or certification.

Article 20 The administrative organ shall respond or handle an application in accordance with the following provisions:

 (I) For information that has been actively disclosed due to its belonging to active disclosure scope or former application(s), inform the Applicant of ways and access to acquire the information;

 (II) For information that contains content for non-disclosure but separation can be made, the administrative organ shall provide content that can be disclosed;

 (III) For information that does not belong to disclosure scope of the administrative organ or does not exist, the administrative organ shall make it clear to the Applicant; in case the disclosing organ of the information can be determined, the administrative organ shall tell the Applicant the name and contact of such administrative organ;

 (IV) For information that cannot be disclosed, the administrative organ shall make it clear to the Applicant and give explanations for non-disclosure; and

 (V) In case that the application is unclear, the administrative organ shall tell the Applicant to make changes or supplements.

Article 21 Where the administrative organ receives an application for government information and may make a reply on spot, an on-spot reply should be given. In case that the administrative organ cannot reply on spot, a reply should be given within 15 working days from the application date; where the time period for reply needs to be extended, the extension should be upon the agreement of the person in charge of government information disclosure and the Applicant shall be informed. The extended time period for a reply may not exceed 15 working days.

In case that government information applied for disclosure involves interests of a third party, the administrative organ shall ask for the opinion of the third party. The time required for this does not count in the time period stipulated in the first paragraph of this Article, but may not exceed 15 working days.

Article 22 For information repeatedly applied by the same Applicant to the same administrative organ, the administrative organ is entitled to give no repeated replies.

For government information that is irrelevant to the special requirements, such as production, living, scientific researches and others, of the Applicant himself/itself, the administrative organ may make no provision; for government information that may endanger security of the state, public safety, economic security and social stability after being disclosed, the administrative organ shall not make provision according to the provisions, and may tell the Applicant that the information applied is stipulated for non-disclosure.

Article 23 In case the administrative organ cannot make a reply to or provide government information for the Applicant within the stipulated time period due to force majeure or other legal reasons, counting of the time period shall be terminated and resumed after the obstruction is eliminated. The administrative organ shall inform the Applicant of the termination and resumption of time period counting.

Article 24 When the administrative organ provides government information applied for, it may arrange proper time and place for the Applicant to read or copy on spot, if possible. As requested by the Applicant, the administrative organ may provide such services as printing and copying. In case the Applicant chooses to acquire the copies of government information in forms of regular mail, delivery, fax or email, the administrative organ shall make provision as requested. If the requested cannot be met due to technical reasons, the administrative organ may choose a form that complies with the characteristics of the government information to make provision. When the administrative organ provide government information, it may charge for retrieval, copy, regular mail as the cost expenses according to the standard formulated by the national price and financial departments.

Chapter 5 Supervision and Management

Article 25 Governments of municipal and county (district) levels shall establish and improve an examination system for disclosure work of government information, and perform regular examination and review of the disclosure work.

Article 26 Competent authorities and supervisory departments responsible for disclosure of government information shall perform supervision over, inspection and review of government information disclosure work implemented by administrative organs. The administrative organs shall publish annual work reports on disclosure of government information according to the provisions.

Article 27 Disclosure of government information shall be under supervision of deputies to the National People’s Congress (NPC), members of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) and the society. Competent authorities and supervisory departments responsible for disclosure of government information may employ partial deputies to the NPC, members of the National Committee of the CPPCC and some of the public to be supervisors.

Article 28 Citizens, enterprises or other organizations that find any error or incorrect government information disclosed are entitled to point out to the administrative organs. Error or incorrect government information shall be corrected.

Article 29 Citizens, enterprises or other organizations that consider the administrative organs are not fulfilling their obligations to disclose government information may complain to the superior administrative organs, competent authorities and supervision departments for government information disclosure. Authorities having received complaints shall perform prompt investigation and give replies.

Citizens, enterprises or other organizations that believe the behaviors of the administrative organs during the performance of government information disclosure work have infringed their legal interests may apply for administrative reviews or lodge administrative proceedings according to law.

Article 30 In the event that the administrative organs breach this Stipulation and no examination mechanism is established or improved, the supervisory departments and the superior administrative organs shall order correction; for serious cases, major persons in charge of the administration organs shall be punished according to law.

Article 31 In case the administration organ infringes this Stipulation in the following circumstances, the supervisory departments and the superior administrative organs shall order correction; for serious cases, persons in direct charge of the administration organ and other persons in charge shall be punished according to law; if a crime is constituted, criminal responsibility is to be legally assumed.

 (I) Fail to fulfill the obligation of government information disclosure according to law;

 (II) Fail to update disclosed government information, government information disclosure guidelines and contents of disclosed government information;

 (III) Charge against the Stipulation;

 (IV) Provide paid government information through other organizations or individuals;

 (V) Disclose government information that may not be disclosed; and

 (VI) Other behaviors against this Stipulation.

Chapter 6 Supplementary Provisions

Article 32 In case valid normative documents of administrative organs shall be actively disclosed according to this Stipulation and have not been disclosed before implementation of this Stipulation, they shall be cleared and disclosed in combination of the practical situations as early as possible from the implementation of this Stipulation.

Article 33 Disclosure of information closely relating to public interests, such as education, health care, water supply, electricity supply, gas supply, public transportation and communications etc., by the public enterprises and institutions shall be conducted with reference to this Stipulation.

Article 34 This Stipulation shall take effect as of the date of issuance.

 



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