(Trial)

Article 1 is to standardize the disclosure of government information upon application, improve the transparency of government work, and ensure that citizens, legal persons and other organizations obtain government information in accordance with the law. "Administrative Licensing Law of the People's Republic of China", "Regulations of the People's Republic of China on Government Information Disclosure", "Opinions of the General Office of the Central Committee and the General Office of the State Council on Further Promoting the Disclosure of Administrative Affairs" (Zhongbanfa [2005] No. 12 ) and the spirit of relevant provincial and municipal documents to formulate this system.

Article 2 The term “disclosure of government information upon application” as mentioned in this system refers to the activity in which the disclosure right holder applies to the disclosure obligor in accordance with the law and obtains government information upon review and approval by the disclosure obligor.

Article 3 People’s governments at all levels and their functional departments as well as organizations that exercise administrative powers in accordance with the law are the persons obligated to disclose government information upon application. Citizens, legal persons and other organizations are the persons entitled to disclose government information upon application.

Article 4 Publicity rights holders shall lawfully use government information obtained upon application and shall not use government information obtained upon application to engage in illegal activities.

Article 5 The disclosure obligor shall designate a specific organization to be responsible for the disclosure work in accordance with the application, and disclose the organization name, office address, office hours, contact information and other information to the public to facilitate applicants to submit government information disclosure application or consultation. The disclosure obligor should promote e-government affairs and set up and open the "Government Information Disclosure upon Application" column on the unit's website to facilitate applicants to submit applications through data messages and other methods.

Article 6 The disclosure obligor shall establish and improve the work system for disclosure upon application, prepare guidelines for disclosure upon application and publish it to the public in a timely manner. According to the application disclosure guide, the following content should be included:

(1) The address, telephone number, fax, postal code, email and other contact information of the accepting institution;

(2) Application conditions, Procedures, deadlines, a catalog of all materials that need to be submitted, and a sample application text;

(3) Other matters that need explanation.

Article 7 Government information disclosed upon application does not include the following government information:

(1) Information determined to be state secrets and related to national security;

(2) Business secrets protected in accordance with the law;

(3) Personal privacy protected in accordance with the law;

(4) Information in the process of internal research, discussion or deliberation;

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(5) Information related to administrative law enforcement that may affect inspection, investigation, evidence collection and other law enforcement activities or endanger the personal rights of others if disclosed;

(6) Laws, regulations, Other government information prohibited by regulations from being disclosed.

Article 8 When a disclosure right holder applies to disclose government information, if the application is made in the name of an individual, the disclosure obligor shall provide his/her identity certificate; if the disclosure owner applies in the name of a legal person or other organization, the legal representative or principal shall be provided. Proof of identity of the responsible person.

Article 9 The disclosure right holder shall submit an application for disclosure of government information in writing or other forms. If it is indeed difficult to make a written application, the disclosure rights holder may apply online or orally.

The application should contain the following content:

(1) The applicant’s name, address, identity certificate, contact information and other basic information;

(2) ) The specific content of the request for disclosure;

(3) The signature or seal of the disclosure right holder;

(4) Application time.

Article 10 After receiving an application for government information disclosure, the disclosure obligor shall promptly handle it according to the following circumstances:

(1) The government information applied for disclosure falls within the scope of disclosure , relevant information should be disclosed to the disclosure obligee;

(2) If the government information applied for disclosure does not fall within the scope of the disclosure obligor's functions, the applicant should be directed to apply to the relevant disclosure obligor;

(3) If the government information applied for disclosure can be partially disclosed, the information that can be disclosed should be disclosed to the disclosure right holder; for the part that cannot be disclosed, a decision letter should be made on the non-disclosure of the part of the government information that cannot be disclosed, and the reasons should be stated in writing ;

(4) If the government information applied for disclosure has been voluntarily disclosed to the public, the applicant shall be informed of the methods and channels for obtaining the information;

(5) The government information applied for disclosure has not been If it exists or does not fall within the scope of disclosure, a decision not to be disclosed shall be made and the reasons shall be explained;

(6) If it is difficult to determine whether the government information applied for disclosure falls within the scope of disclosure, a decision on suspending the disclosure of government information shall be made, A written explanation of the reasons for suspending disclosure;

(7) If the content of the application for disclosure is unclear, the applicant shall be notified of changes or supplements to the application.

If the disclosure of information is suspended in accordance with the provisions of Item 6 of the preceding paragraph, follow-up processing shall be carried out within fifteen working days from the date of the decision to suspend disclosure, and a decision not to be disclosed shall be made or the relevant information shall be disclosed to the disclosure right holder. .

Article 11 If the disclosure obligor is unable to make a decision within the prescribed time limit or disclose the requested government information to the disclosure obligee due to objective reasons such as information processing or other legitimate reasons, the disclosure obligor shall The person in charge agrees that the response period may be extended and the disclosure rights holder shall be notified in writing, but the extension period shall not exceed fifteen working days.

Article 12 If the disclosure obligor believes that the government information applied for disclosure is commercial secrets or personal privacy and information that may damage the legitimate rights and interests of third parties after disclosure, the disclosure obligor shall within five working days of receiving the application. Solicit third-party opinions in writing.

The third party shall provide a written reply within fifteen working days from the date of receipt of the written notice from the disclosure obligor. Failure to respond within the time limit will be deemed as consent to disclosure. For government information that a third party does not agree to disclose, if the disclosure obligor deems it necessary to disclose it after review, it shall, when making a disclosure decision, notify the third party in writing of the content and reasons for the decision to disclose the government information, and inform the relief channels.

If the disclosure rights holder’s application for government information involves the rights and interests of a third party, the time required for the disclosure obligor to solicit the opinions of the third party in accordance with the law will not be counted in the application review period.

Article 13 If the disclosure right holder requires the disclosure obligor to provide registration, tax payment, social security and other government information related to him or her, he shall present a valid identity document or other certification documents to the disclosure obligor. After the person submits a written application, the disclosure obligor shall provide government information after verifying the identity of the disclosure right holder.

If the disclosure right holder provides evidence to prove that the government information records related to itself are inaccurate, incomplete or irrelevant, it may request the disclosure obligor to make changes in accordance with the law. The disclosure obligor shall make changes within fifteen working days. be processed. If the disclosure obligor who accepts the application does not have the right to make changes, the disclosure obligee shall be informed in a timely manner and directed to apply to the relevant disclosure obligor.

Article 14 When a disclosure obligor discloses government information upon application, he or she shall provide the government information in the form required by the disclosure right holder. If it cannot provide the government information in the form required by the disclosure right holder, it shall arrange for him to review relevant information. Or provide printouts or copies.

The disclosure obligor may set up an electronic reading room or information inquiry room in the office to facilitate the disclosure right holder to check or copy relevant government information on the spot. If the disclosure right holder has difficulty reading, the disclosure obligor shall provide necessary assistance.

Article 15: Disclosure obligors shall not provide government information in the form of paid services through other organizations or individuals.

The costs of retrieval, copying, mailing, etc. incurred in the process of applying for the disclosure of government information shall be borne by the disclosure right holder, and the fee collection standards shall be approved by the price department.

If the disclosure rights holder meets the minimum living security and low-income hardship conditions, the fees can be reduced or reduced upon the review and approval of the disclosure obligor with relevant certificates. If the disclosure rights holder belongs to a non-profit organization or other public welfare group, the fees may be reduced or reduced upon the review and approval of the disclosure obligor with relevant certificates.

Article 16 Government information disclosure agencies at all levels and departments should set up complaint hotlines, mailboxes and emails for government information disclosure upon application, accept complaints from the public about the disclosure of government information upon application by disclosure obligors, and promptly Investigate and deal with illegal or inappropriate behavior, and notify the complainant in writing of the results within fifteen working days from the date of receipt of the complaint.

If the disclosure rights holder believes that the disclosure obligor fails to fulfill the obligation to disclose government information upon application in accordance with the law, he may report it to the supervisory authority or its superior administrative agency. The agency that accepts the report shall investigate and handle it, and after receiving the report The whistleblower will be notified in writing of the result within fifteen working days from the date of the complaint.

Article 17 If the disclosure right holder believes that the disclosure obligor has infringed upon his or her legitimate rights and interests by applying for disclosure of government information or is dissatisfied with the decision on the application for disclosure of government information, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. .

Article 18: The disclosure obligor violates Articles 5, 6, 10, 11, 12, 13, 14, Those who commit acts in Articles 15 and 16 shall be ordered to make rectifications by the government information disclosure departments of the people's governments at all levels together with the supervisory agencies at the same level; the responsible leaders and directly responsible personnel shall be criticized, educated or punished according to the seriousness of the case. Disciplinary Actions.

Article 19 If the disclosure obligor’s specific administrative actions in violation of these regulations cause economic losses to the disclosure right holder or a third party, compensation shall be provided in accordance with the law.

Article 20 If the public right holder uses the government information obtained upon application to engage in illegal activities, he shall bear corresponding legal responsibilities in accordance with the law.

Article 21 This system is explained by the Municipal Government Information Disclosure Coordination Group Office.

Article 22 This system will come into effect on July 1, 2010.