Regulations of the People's Republic of China on the Disclosure of Government Information

(Promulgated by Decree No. 492 of The State Council of the People's Republic of China on April 5, 2007 and amended by Decree No. 711 of The State Council of the People's Republic of China on April 3, 2019)

 

　　Chapter I General provisions

　　Article 1 These Regulations are formulated in order to ensure that citizens, legal persons and other organizations obtain government information in accordance with the law, improve the transparency of government work, build a law-based government, and give full play to the role of government information in serving the production and life of the people and economic and social activities。

　　Article 2 The term "government information" as mentioned in these Regulations refers to the information produced or obtained by administrative organs in the course of performing administrative functions, recorded and stored in a certain form。

　　Article 3 People's governments at all levels shall strengthen the organization and leadership of the work of government information disclosure。

　　The General Office of the State Council is the department in charge of the nationwide government information disclosure, responsible for promoting, guiding, coordinating and supervising the nationwide government information disclosure work。

　　The General office (office) of the local people's government at or above the county level is the competent department for government information disclosure in its own administrative region, responsible for promoting, guiding, coordinating and supervising the government information disclosure in its own administrative region。

　　The general office (office) of the department under vertical leadership is in charge of the government information disclosure work of the system。

　　Article 4 The people's governments at all levels and the people's governments at or above the county level shall establish and improve the government information disclosure work system of their respective administrative organs, and designate agencies (hereinafter referred to as government information disclosure work agencies) to be responsible for the daily work of government information disclosure of their respective administrative organs。

　　The specific functions of the government information disclosure agency are as follows:

　　(1) handling matters concerning the disclosure of government information by the administrative organ;

　　(2) maintaining and updating the government information disclosed by the administrative organ;

　　(3) organizing the compilation of guidelines for the disclosure of government information, catalogues of the disclosure of government information and annual reports on the work of the disclosure of government information;

　　(4) organizing the review of government information to be disclosed;

　　(5) other functions related to the disclosure of government information as prescribed by this administrative organ。

　　Article 5 In disclosing government information, administrative organs shall adhere to the principle of openness as normal and non-disclosure as an exception, and follow the principles of fairness, fairness, legality and convenience to the people。

　　Article 6 Administrative organs shall disclose government information in a timely and accurate manner。

　　Where an administrative organ finds false or incomplete information that affects or may affect social stability or disrupt the order of social and economic management, it shall issue accurate government information for clarification。

　　Article 7 People's governments at all levels shall actively promote the work of government information disclosure and gradually increase the content of government information disclosure。

　　Article 8 People's governments at all levels shall strengthen the standardized, standardized and information-based management of government information resources, strengthen the construction of Internet government information disclosure platforms, promote the integration of government information disclosure platforms and government affairs service platforms, and improve the level of online handling of government information disclosure。

　　Article 9 Citizens, legal persons and other organizations shall have the right to supervise the work of government information disclosure by administrative organs and to make criticisms and suggestions。

　　The second chapter is the subject and scope of disclosure

　　Article 10 The government information produced by an administrative organ shall be disclosed by the administrative organ that produced the government information。Government information obtained by administrative organs from citizens, legal persons and other organizations shall be made public by the administrative organs that store the government information;The government information of other administrative organs obtained by administrative organs shall be made public by the administrative organ that produced or initially obtained the government information。Where laws and regulations provide otherwise on the authority of government information disclosure, such provisions shall prevail。

　　Where a dispatched office or internal office established by an administrative organ performs administrative functions in its own name in accordance with laws and regulations, the dispatched office or internal office may be responsible for the work of disclosing government information related to the administrative functions it performs。

　　Government information jointly produced by two or more administrative organs shall be made public by the administrative organ leading the production。

　　Article 11 Administrative organs shall establish and improve coordination mechanisms for government information disclosure。Where the disclosure of government information by an administrative organ involves other organs, it shall consult and confirm with the relevant organs to ensure the accuracy and consistency of the government information disclosed by the administrative organs。

　　Where the disclosure of government information by an administrative organ requires approval in accordance with laws, administrative regulations and the relevant provisions of the State, the disclosure shall be made upon approval。

　　Article 12 The guidelines and catalogues of government information disclosure compiled and published by administrative organs shall be updated in a timely manner。

　　The guidelines for the disclosure of government information include the classification, arrangement system, methods of obtaining government information, and the name, office address, office hours, contact telephone number, fax number, and Internet contact information of government information disclosure agencies。

　　The government information disclosure directory includes the index, name, content overview, generation date and other contents of the government information。

　　Article 13 Except for the government information provided for in Articles 14, 15 and 16 of these Regulations, government information shall be made public。

　　In disclosing government information, administrative organs shall adopt the mode of disclosure on their own initiative or upon application。

　　Article 14 Government information determined as state secrets according to law, government information prohibited from disclosure by laws and administrative regulations, and government information that may endanger national security, public security, economic security, and social stability after disclosure shall not be disclosed。

　　Article 15 Administrative organs shall not disclose government information involving trade secrets, personal privacy, etc. whose disclosure would cause damage to the legitimate rights and interests of third parties。However, if the third party agrees to make the meeting public or the administrative organ considers that the unfair meeting has a major impact on the public interest, it shall be made public。

　　Article 16 Information on the internal affairs of an administrative organ, including information on personnel management, logistics management and internal working procedures, may not be disclosed。

　　Procedural information such as discussion records, process drafts, consultation letters, requests for instructions and reports formed by administrative organs in the course of performing administrative management functions, as well as information on administrative law enforcement case files, may not be disclosed。Where laws, regulations and rules stipulate that the above information should be disclosed, such provisions shall prevail。

　　Article 17 Administrative organs shall establish and improve the review mechanism for government information disclosure and clarify the review procedures and responsibilities。

　　The administrative organ shall examine the government information to be disclosed in accordance with the Law of the People's Republic of China on Guarding State Secrets and other laws, regulations and relevant state provisions。

　　If an administrative organ is unable to determine whether government information can be disclosed, it shall, in accordance with laws, regulations and relevant provisions of the State, report to the relevant competent department or the confidentiality administrative department for determination。

　　Article 18 Administrative organs shall establish and improve the dynamic adjustment mechanism of government information management, conduct regular evaluation and review of government information not disclosed by their own administrative organs, and disclose government information that can be disclosed due to changes in circumstances。

　　Chapter Three: Active disclosure

　　Article 19 Administrative organs shall take the initiative to disclose government information that involves adjustment of public interests, needs to be widely known by the public, or needs public participation in decision-making。

　　Article 20 An administrative organ shall, in accordance with Article 19 of these Regulations, take the initiative to disclose the following government information of its own administrative organ:

　　(1) Administrative regulations, rules and normative documents;

　　(2) Functions of the organ, establishment of the organ, office address, office hours, contact information, name of the person in charge;

　　(3) national economic and social development plans, special plans, regional plans and related policies;

　　(4) statistical information on national economic and social development;

　　(5) the basis, conditions, procedures and results of handling administrative licenses and other external management services;

　　(6) the basis, conditions and procedures for the implementation of administrative penalties and administrative compulsions, and the decision on administrative penalties that the administrative organ considers to have a certain social impact;

　　(7) Information on budgets and final accounts;

　　(8) items of administrative charges and their basis and standards;

　　(9) The catalogue, standards and implementation of centralized government procurement projects;

　　(10) Approval and implementation of major construction projects;

　　(11) Policies and measures on poverty alleviation, education, medical care, social security and employment promotion and their implementation;

　　(12) Emergency plans, early warning information and responses to public emergencies;

　　(13) Supervision and inspection of environmental protection, public health, production safety, food and drugs, and product quality;

　　(14) the positions, quotas, application conditions and other matters of civil servant recruitment and recruitment results;

　　(15) Other government information that laws, regulations, rules and relevant state provisions stipulate should be disclosed voluntarily。

　　Article 21 Except for the government information provided for in Article 20 of these Regulations，The people's governments of cities and counties divided into districts and their departments shall also be based on the specific conditions of their localities，Take the initiative to disclose government information related to municipal construction, public services, public welfare undertakings, land expropriation, housing expropriation, public security management, social assistance, etc.;The township (town) people's governments shall also be based on the specific conditions of their localities，Government information on agricultural and rural policies, the construction and operation of farmland and water conservancy projects, the transfer of contracted rural land management rights, the review of the use of residential land, land expropriation, housing expropriation, financing and labor, and social assistance will be actively implemented and publicized。

　　Article 22 Administrative organs shall, in accordance with the provisions of Articles 20 and 21 of these Regulations, determine the specific contents of voluntary disclosure of government information, and continuously increase the contents of voluntary disclosure in accordance with the arrangements of higher administrative organs。

　　Article 23 Administrative organs shall establish and improve the mechanism for releasing government information, and publicize government information voluntarily through government bulletins, government websites or other Internet government media, press conferences, newspapers, radio, television and other channels。

　　Article 24 People's governments at all levels shall strengthen the work of disclosing government information by relying on government portal websites, and use unified government information disclosure platforms to centrally publish government information voluntarily disclosed。The government information disclosure platform shall have the functions of information retrieval, consulting, downloading and so on。

　　Article 25 People's governments at all levels shall set up places for government information inspection in national archives, public libraries and places of government affairs service, and shall be equipped with corresponding facilities and equipment to facilitate citizens, legal persons and other organizations to obtain government information。

　　Administrative organs may, when necessary, set up public review rooms, data request points, information bulletin boards, electronic information screens and other places and facilities to disclose government information。

　　The administrative organ shall promptly provide the State archives and public libraries with government information voluntarily disclosed。

　　Article 26 Government information that falls within the scope of active disclosure shall be disclosed in a timely manner within 20 working days from the date of formation or change of the government information。Where laws and regulations provide otherwise for the time limit for the disclosure of government information, such provisions shall prevail。

　　Chapter IV Disclosure upon application

　　Article 27 With the exception of government information voluntarily disclosed by administrative organs，Citizens, legal persons or other organizations may apply to the local people's governments at various levels or to the people's governments at or above the county level that perform administrative functions in their own name (including the dispatched or internal agencies provided for in paragraph 2 of Article 10 of these Regulations) for access to relevant government information。

　　Article 28 The administrative organs provided for in Article 27 of these Regulations shall establish and improve the application channels for government information disclosure, and provide convenience for applicants to apply for obtaining government information according to law。

　　Article 29 Citizens, legal persons or other organizations apply for access to government information，It shall be submitted to the government information disclosure agency of the administrative organ，In written form, including letters and data messages;It's really difficult to put it in writing，The applicant may present orally，The government information disclosure agency accepting the application shall fill in the government information disclosure application on its behalf。

　　An application for government information disclosure shall include the following contents:

　　(1) the applicant's name, identity certificate and contact information;

　　(2) the name, symbol number or other characteristic description of the government information applied for disclosure that is convenient for administrative organs to inquire;

　　(3) Requirements for the form of government information applied for disclosure, including ways and means of obtaining information。

　　Article 30 Where the contents of an application for disclosure of government information are not clear, the administrative organ shall give guidance and clarification, and inform the applicant to make corrections within 7 working days from the date of receipt of the application, stating the matters requiring corrections and a reasonable time limit for such corrections。The time limit for reply shall be calculated from the date on which the administrative organ receives the application for correction。Where the applicant fails to make corrections within the time limit without justifiable reasons, the application shall be deemed to have been abandoned, and the administrative organ shall no longer process the application for disclosure of government information。

　　Article 31 The time for an administrative organ to receive an application for disclosure of government information shall be determined in accordance with the following provisions:

　　(1) Where an applicant submits an application for disclosure of government information in person, the date of submission shall be the date of receipt of the application;

　　(2) The applicant submits the application for disclosure of government information by mail，The date of receipt by the administrative organ shall be the date of receipt of the application;Submitting an application for disclosure of government information by mail such as an ordinary letter without signing，The government information disclosure agency shall confirm with the applicant on the day it receives the application，The date of confirmation shall be the date of receipt of the application;

　　(3) Where the applicant submits the application for government information disclosure through the Internet channel or the fax of the government information disclosure working organization, the date confirmed by both parties shall be the date of receipt of the application。

　　Article 32 Where the disclosure of government information applied for disclosure will harm the legitimate rights and interests of a third party, the administrative organ shall solicit the opinions of the third party in writing。The third party shall submit its opinions within 15 working days from the date of receipt of the solicitation letter。If a third party fails to submit an opinion within the time limit, the administrative organ shall decide whether to make it public in accordance with the provisions of these Regulations。If the third party does not agree to the disclosure and there are reasonable reasons, the administrative organ shall not make the disclosure。If the administrative organ considers that the non-disclosure may have a major impact on the public interest, it may decide to disclose the government information and inform the third party of the content and reasons for the decision in writing。

　　Article 33 Where an administrative organ receives an application for disclosure of government information and is able to reply on the spot, it shall reply on the spot。

　　If the administrative organ cannot reply on the spot, it shall reply within 20 working days from the date of receipt of the application;If it is necessary to extend the reply period, it shall be agreed by the person in charge of the government information disclosure agency and inform the applicant, and the maximum extension period shall not exceed 20 working days。

　　The time required by an administrative organ to solicit the opinions of third parties and other organs shall not be counted within the period specified in the preceding paragraph。

　　Article 34 Government information applied for disclosure is jointly prepared by two or more administrative organs，The administrative organ leading the production may solicit the opinions of the relevant administrative organ after receiving the application for disclosure of government information，The organ being solicited for opinions shall, within 15 working days from the date of receipt of the solicited opinion, give its opinions，Those who fail to submit their opinions within the time limit shall be deemed to agree to the disclosure。

　　Article 35 Where the number and frequency of an applicant's application for disclosure of government information obviously exceed the reasonable range, the administrative organ may require the applicant to explain the reasons。If the administrative organ considers the reasons for the application unreasonable, it shall inform the applicant not to handle it;Where the administrative organ considers the reasons for the application reasonable, but is unable to reply to the applicant within the time limit prescribed in Article 33 of these Regulations, it may determine a reasonable time limit for delaying the reply and inform the applicant。

　　Article 36 To an application for disclosure of government information, the administrative organ shall make a reply respectively according to the following circumstances:

　　(1) If the applied public information has been voluntarily disclosed, inform the applicant of the way and means to obtain the government information;

　　(b) the application for public information can be made public, to provide the applicant with the government information, or to inform the applicant of the way, means and time to obtain the government information;

　　(3) If the administrative organ decides not to make it public in accordance with the provisions of these Regulations, it shall inform the applicant of the decision and explain the reasons;

　　(4) to inform the applicant that the government information does not exist if the requested public information is not found after retrieval;

　　(5) If the information applied for is not disclosed by the administrative organ responsible for disclosure, inform the applicant and explain the reasons;If it is possible to identify the administrative organ responsible for disclosing the government information, inform the applicant of the name and contact information of the administrative organ;

　　(6) Where the administrative organ has responded to the application for disclosure of government information submitted by the applicant, or the applicant repeatedly applies for disclosure of the same government information, it shall inform the applicant not to handle the application repeatedly;

　　(7) The information applied for disclosure belongs to industrial and commercial, real estate registration information and other information, and relevant laws and administrative regulations have special provisions on the acquisition of information, inform the applicant in accordance with the provisions of relevant laws and administrative regulations。

　　Article 37 Where the information applied for disclosure contains contents that should not be disclosed or do not belong to government information, but can be differentiated, the administrative organ shall provide the applicant with the contents of government information that can be disclosed, and explain the reasons for the contents that will not be disclosed。

　　Article 38 The information provided by an administrative organ to an applicant shall be government information that has been produced or obtained。Except for those that can be differentiated according to the provisions of Article 37 of these Regulations, administrative organs may refuse to provide existing government information if it is required to process and analyze it。

　　39th applicant in the form of government information disclosure application for letters, visits, complaints, reports and other activities, the administrative organ shall inform the applicant not as government information disclosure application processing and can inform through the corresponding channels。

　　Where the application submitted by the applicant requires the administrative organ to provide public publications such as government bulletins, newspapers and periodicals, or books, the administrative organ may inform the way to obtain them。

　　Article 40 An administrative organ shall disclose government information upon application，It shall be based on the request of the applicant and the actual situation of the administrative organ's retention of government information，Determining the specific forms for the provision of government information;Provide government information in the form requested by the applicant，May endanger the security of government information carriers or the cost of disclosure is too high，It may be made available through electronic data and other appropriate forms，Or arrange the applicant to consult and transcribe relevant government information。

　　Article 41 Where citizens, legal persons or other organizations have evidence to prove that the government information records provided by administrative organs related to them are inaccurate, they may request the administrative organs to make corrections。If the administrative organ with the right to make the correction has verified it, it shall make the correction and inform the applicant;If the case does not fall within the scope of the functions of the administrative organ, the administrative organ may refer it to the administrative organ with the right to correct the case and inform the applicant, or notify the applicant to the administrative organ with the right to correct the case。

　　Article 42 An administrative organ shall not charge a fee for providing government information upon application。However, where the number and frequency of the applicant's application for disclosure of government information obviously exceeds the reasonable range, the administrative organ may charge an information processing fee。

　　Specific measures for administrative organs to collect information processing fees shall be formulated by the competent pricing department under The State Council in conjunction with the financial department under The State Council and the competent department for government information disclosure throughout the country。

　　Article 43 Where a citizen who applies for the disclosure of government information has difficulty in reading or hearing and hearing, the administrative organ shall provide him with necessary assistance。

　　Article 44 Where multiple applicants file an application for disclosure of the same government information to the same administrative organ, and the government information can be disclosed, the administrative organ may include it in the scope of voluntary disclosure。

　　Where the applicant considers that the government information disclosed by the administrative organ in accordance with the application involves the adjustment of the public interest, the public needs to be widely known or the public needs to participate in decision-making, the applicant may suggest that the administrative organ include the information in the scope of active disclosure。After examination and verification, the administrative organ considers that it is within the scope of active disclosure, and shall promptly take the initiative to disclose。

　　Article 45 Administrative organs shall establish and improve the work system of registration, examination, handling, reply and filing of government information disclosure applications, and strengthen the work standards。

　　Chapter V Supervision and protection

　　Article 46 People's governments at all levels shall establish and improve the evaluation system, the social evaluation system and the accountability system for the work of government information disclosure, and regularly evaluate and evaluate the work of government information disclosure。

　　Article 47 The competent department of government information disclosure shall strengthen the daily guidance, supervision and inspection of government information disclosure，Administrative organs that fail to disclose government information as required，To urge the rectification or circulate criticism;It is necessary to hold responsible leaders and directly responsible personnel accountable，To make handling suggestions to competent authorities according to law。

　　Where a citizen, legal person or other organization considers that an administrative organ fails to take the initiative to disclose government information as required or fails to respond to an application for disclosure of government information according to law, it may file a complaint with the competent department for disclosure of government information。Where it is verified by the competent department of government information disclosure, it shall supervise and urge rectification or circulate a notice of criticism。

　　Article 48 The competent department for the disclosure of government information shall regularly train the staff of the administrative organ for the disclosure of government information。

　　Article 49 The departments of the people's governments at or above the county level shall, before January 31 of each year, submit the annual report on the work of government information disclosure of the previous year to the competent departments of government information disclosure at the same level and publish it to the public。

　　The competent departments of government information disclosure of the local people's governments at or above the county level shall, before March 31 of each year, publish to the public the annual report of the government information disclosure of the previous year。

　　Article 50 The annual report on government information disclosure shall include the following contents:

　　(1) The active disclosure of government information by administrative organs;

　　(2) The receipt and processing of applications for disclosure of government information by administrative organs;

　　(C) due to the government information disclosure work is applied for administrative reconsideration, administrative litigation;

　　(4) The main problems and improvements in the work of government information disclosure, and the annual report of the people's governments at all levels on the work of government information disclosure shall also include the results of work assessment, social review and responsibility investigation;

　　(5) Other matters requiring reporting。

　　The competent departments of the national government information disclosure work shall publish the unified format of the annual report on the government information disclosure work and update it in a timely manner。

　　Article 51 Where citizens, legal persons or other organizations believe that an administrative organ has infringed upon its lawful rights and interests in the course of the disclosure of government information, they may file a complaint or report to the administrative organ at the next higher level or the competent department for the disclosure of government information, and may also apply for administrative reconsideration or bring an administrative lawsuit in accordance with law。

　　Article 52 Where an administrative organ, in violation of the provisions of these Regulations, fails to establish and improve the relevant system and mechanism for the disclosure of government information, the administrative organ at the next higher level shall order it to make corrections;If the circumstances are serious, the leading personnel who are responsible and the persons directly responsible shall be given sanctions according to law。

　　Article 53 Where an administrative organ violates the provisions of these Regulations under any of the following circumstances, the administrative organ at the next higher level shall order it to make corrections;If the circumstances are serious, the leading personnel who are responsible and the persons directly responsible shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

　　(1) failing to perform government information disclosure functions according to law;

　　(2) failing to timely update the contents of disclosed government information, guidelines for the disclosure of government information and catalogues of government information disclosure;

　　(3) Other circumstances in violation of the provisions of these Regulations。

　　Chapter VI Supplementary Provisions

　　Article 54 These Regulations shall apply to the activities of disclosing government information by organizations with functions of managing public affairs authorized by laws and regulations。

　　Article 55 Public enterprises and institutions such as education, sanitation and health, water supply, power supply, gas supply, heat supply, environmental protection and public transportation are closely related to the interests of the people，Disclosure of information produced and obtained in the course of providing social public services，It shall be executed in accordance with relevant laws, regulations and the provisions of the relevant competent department or agency under The State Council。The competent departments of government information disclosure all over the country may formulate special provisions according to actual needs。

　　The public enterprises and institutions mentioned in the preceding paragraph fail to disclose the information produced and obtained in the course of providing social public services in accordance with relevant laws and regulations and the provisions of relevant competent departments or agencies under The State Council，Citizens, legal persons or other organizations may appeal to the competent departments or agencies concerned，The department or institution that accepts the complaint shall promptly investigate and handle it and inform the complainant of the result of the handling。

　　Article 56 These Regulations shall come into force as of May 15, 2019。