Provisions of Shanghai Municipality on the Disclosure of Government Information

 2018-06-06  23


Provisions of Shanghai Municipality on the Disclosure of Government Information


· Document Number:Order No.2 of the People’s Government of Shanghai Municipality

· Area of Law: Government Affairs

· Level of Authority: Local Government Rules

· Date issued:04-28-2008

· Effective Date:05-01-2008

· Status: Effective

· Issuing Authority: Shanghai Municipality

 

Order of the People's Government of Shanghai Municipality
(No.2)
The Provisions of Shanghai Municipality on the Disclosure of Government Information, which were adopted at the 5th executive meeting of the municipal government on April 7th, 2008, are hereby promulgated, and shall come into force as of May 1st, 2008.
Mayer: Han Zheng
April 28th, 2008
Provisions of Shanghai Municipality on the Disclosure of Government Information 
Chapter I General Provisions
Article 1 (Basis)
These Provisions are formulated in accordance with the Provisions of the People's Republic of China on the Disclosure of Government Information (hereinafter referred to as the Provisions on the Disclosure of Government Information) and other relevant laws and regulations and in light of the actual situation of this Municipality.
Article 2 (Definition)
The term “government information” as mentioned in these Provisions refers to the information produced or acquired and recorded or kept in certain forms by administrative organs in the process of performing duties.
Article 3 (Principles)
Administrative Organs shall disclose government information, except for those whose disclosure is not allowed.
Administrative organs shall follow the principles of impartiality, justice, bringing convenience to the people and timeliness when disclosing government information.
Article 4 (System for Organizing and Promoting the Disclosure Work)
The people's governments at various levels of this Municipality shall make more efforts in organizing and leading the government information disclosure work.
The general office of the municipal government is the competent department of the government information disclosure work of this Municipality and is responsible for promoting, guiding, coordinating and supervising the government information disclosure work of the whole municipality. The information committee and the supervision committee of this Municipality, the legal affairs office and the news office of the municipal government, the state secrecy bureau and other relevant administrative organs of this Municipality are in charge of carrying out various kinds of promotion work under the unified coordination of the general office of the municipal government.
The offices of the district or county-level governments shall, together with the relevant departments, promote, guide, coordinate and supervise the government information disclosure work of their respective administrative regions.
Article 5 (Working Body)
An administrative organ shall establish and improve the government information disclosure working system and designate a working institution to be in charge of its routine work of government information disclosure (hereinafter referred to as working body of government information disclosure).
The specific duties of the working body of government information disclosure of an administrative organ shall be:
1. undertaking the specific government information disclosure issues of this administrative organ, and maintaining and updating the government information disclosed by this administrative organ;
2. accepting and handling applications submitted to this administrative organ for the disclosure of government information;
3. conducting secrecy examination on the government information to be disclosed;
4. organizing the compilation of this administrative organ's guide for the disclosure of government information, catalogue for the disclosure of government information and annual report on the government information disclosure work; and
5. other duties related to government information disclosure as specified by this administrative organ.
An administrative organ shall publish the name, business address, business hours, tel, fax and e-mail address of its working body of government information disclosure to the general public so as to make it more convenient for citizens, legal persons and other organizations to make inquiries about issues concerning the disclosure of government information.
Article 6 (Safeguard of Public Interests)
No administrative organ may endanger the national security, public security, economic security or social stability in the process of disclosing government information.
Where any administrative organ decides to not disclose certain government information, it shall report in written form to the competent department of government information disclosure of the municipal or district (county) government.
Article 7 (Secrecy Examination Mechanism)
An administrative organ shall set up and improve the secrecy examination mechanism for government information disclosure.
Before disclosing government information, an administrative organ shall make a secrecy examination according to law. If it decides to not disclose certain government information upon examination, it shall state the reasons. When drafting a document, the administrative organ shall examine to determine whether the document shall be disclosed voluntarily, disclosed upon application or not disclosed.
The relevant business body of the administrative organ shall put forward its opinions on such examination, and such opinions shall be submitted to the person in charge of the administrative organ for final decision after being examined and verified by the working body of government information disclosure together with the secrecy body and legal affairs body, etc.
Article 8 (Publication and Coordination Mechanism)
An administrative organ shall set up and improve the government information publication and coordination mechanism.
Under any of the following circumstances, an administrative organ shall communicate with other related administrative organ(s) to confirm and ensure that the government information disclosed by them is consistent with each other:
1. the administrative organ knows that the government information to be disclosed involves other administrative organ(s); or
2. the government information to be disclosed involves two or more administrative organs, and the information is inconsistent with that disclosed by other administrative organ(s).
If the related administrative organs cannot reach an agreement on the contents of the government information to be disclosed, but such information can be separated based on the duties and powers of these administrative organs, these organs can have the decision right over the information of their respective part.
If the disclosure of certain government information requires approval as required by the relevant provisions of the state or the municipal government, no administrative organ may disclose it without approval.
Article 9 (Check and Verification of Disclosed Contents)
Before disclosing the government information produced based on functions and powers, an administrative organ shall check to ensure the accuracy of the contents of the disclosed government information.
Before disclosing government information acquired from citizens, legal persons or other organizations based on functions and powers, an administrative organ shall check to ensure that the contents of the disclosed government information are consistent with the contents of the acquired government information.
Article 10 (Handling of Uncertain, False and Disintegrated Information)
For government information which is still under investigation, discussion or processing and whose contents are uncertain, if its disclosure may cause adverse impact on the national security, public security, economic security or social stability, its disclosure is prohibited, except for the draft documents disclosed for opinions.
Where an administrative organ finds out any false or disintegrated information which has affected or may affect social stability or has disrupted or may disrupt the social management order, it shall report the situation to the government at this level or the administrative organ at the next higher level, and, after getting the consent thereof, publish accurate government information to clarify within its scope of functions and powers.
Chapter II Scope of Information to Be Disclosed
Article 11 (Government Information to Be Voluntarily Disclosed)
An administrative organ shall voluntarily disclose the government information satisfying any of the following basic requirements:
(1) information concerning the vital interests of citizens, legal persons or other organizations;
(2) information that should be widely known by the general public or concerns the participation of the general public;
(3) information reflecting the setting of organization, duties, procedures for handling affairs and other situation of the administrative organ; and
(4) other information that shall be voluntarily disclosed by the administrative organ as required by laws, regulations and the relevant state provisions.
An administrative organ shall determine its key government information to be disclosed voluntarily in accordance with the provisions of Articles 10,11 and 12 of the Provisions on the Disclosure of Government Information.
Article 12 (Government Information Not to Be Disclosed)
The following government information shall not be disclosed:
1. state secrets;
2. trade secrets; and
3. information about individual privacy.
The government information listed in Items No.2 and 3 of the preceding paragraph may be disclosed upon the consent of the parties concerned or if the administrative organ believes that not disclosing it will cause great adverse impact on the public interests. In case the parties concerned do not reply to the administrative organ on whether they agree with the disclosure, it shall be deemed as that they disagree with the disclosure.
Article 13 (Government Information to Be Disclosed upon Application)
All citizens, legal persons or other organizations have the right to apply to an administrative organ for acquiring government information in accordance with the Provisions on the Disclosure of Government Information and these Provisions.
Article 14 (Scope of Functions and Duties in the Disclosure of Government Information)
The power to disclose the government information produced by an administrative organ shall remain with the administrative organ.
The power to disclose the government information acquired by an administrative organ from citizens, legal persons or other organizations based on its duties and powers shall remain with the administrative organ.
Where an administrative organ obliged to the disclosure of government information is cancelled or changed, the administrative organ succeeding the duties of the old organ shall be responsible for disclosing the government information supposed to be disclosed by the old administrative organ.
Where there are other provisions in laws, regulations and rules on the scope of functions and duties in the disclosure of government information, such provisions shall apply.
Article 15 (Guide and Catalogue for the Disclosure of Government Information)
An administrative organ shall prepare and publish its guide for the disclosure of government information, catalogue for voluntarily disclosing government information and catalogue for disclosing government information upon application pursuant to the provision of Article 19 of the Provisions on the Disclosure of Government Information.
Such guide and catalogue shall be updated in a timely manner.
Chapter III Channels for Voluntary Disclosure
Article 16 (Government Website)
An administrative organ shall publish the government information to be voluntarily disclosed by it on its government website, or the website of the government at this level or at the next higher level in case the administrative organ has not established its government website yet.
Article 17 (National Archives and Public Library)
The municipal or district (county) government shall set up government information consultation places at the municipal or district (county) national archives and public library and equip with corresponding facilities to bring convenience for citizens, legal persons or other organizations to acquire government information.
An administrative organ shall file its guide and category on government information disclosure as well as the government information to be disclosed voluntarily with the municipal or district (county) national archives and public library within 20 workdays after they are worked out, formed or updated.
Article 18 (Government Bulletin)
The municipal and district (county) governments shall set up the government bulletin system.
The rules and normative documents formulated by the municipal government shall be published in full text on the municipal government bulletin within 20 workdays after they are promulgated.
The municipal government bulletin shall be distributed to the public for free through designated books and newspaper booths, bookstores and post offices, and be available for the public to look up at the municipal or district (county) national archives and public library for free.
Article 19 (News Release and Spokesperson)
The municipal and district (county) governments shall set up the news release system and appoint news spokespersons.
Important public events, public early warning information and other government information need to be known by the public in a timely manner shall be disclosed through news release conferences.
Article 20 (Other Channels for Disclosure)
When conditions permit, administrative organs shall set up public consultation rooms, material demanding sites, information bulletins, electronic information screens or other sites and facilities to bring convenience for the general public to search, inquire about and copy the relevant government information.
Chapter IV Procedures for Disclosure upon Application
Article 21 (Application)
Any citizen, legal person or other organization applying to an administrative organ for the disclosure of government information pursuant to the provision of Article 13 of the Provisions on the Disclosure of Government Information shall submit an application form which covers the following contents:
1. the name or title and contact information of the applicant;
2. specific information about the required government information, including the name or number of the document directing to the required government information, or other characteristic description; and
3. ways for acquiring such information and the vehicle form of such information.
When a citizen, legal person or other organization applies to an administrative organ for the disclosure of government information, the administrative organ has the right to inquire of the applicant about what purpose he/it will use the government information for.
Article 22 (Assistance and Facilitation)
Where it is indeed difficult for an applicant to apply for the disclosure of government information in written form, he/it may do in oral form. In this case, the staff of the administrative organ accepting the application shall fill in the application form for the applicant and have the application form affixed with the signature or seal of the applicant for confirmation.
Where it is indeed difficult for an applicant to describe the name, number or specific characteristics of the document carrying the required government information, when he/it consults with the administrative organ, the administrative organ shall provide the assistance he/it needs.
For government information to be disclosed by a district or county government and the departments under it, the village or town governments or the sub-district offices, the district or county government may set up a window for accepting applications for the disclosure government information of this administrative region in a centralized way so as to make it more convenient for citizens, legal persons or other organizations to apply for the disclosure of government information.
Article 23 (Reply)
For an application for the disclosure of government information filed by a citizen, legal person or other organization, the administrative organ accepting it shall give a reply in light of the following different circumstances:
1. in case it is government information that shall be disclosed, notifying the applicant of the ways and channels for accessing to such government information;
2. in case it is government information that shall not be disclosed, notifying the applicant of the fact and giving reasons;
3. in case the required government information does not fall within the scope of government information provided in these Provisions, notifying the applicant of the fact and making an explanation thereon;
4. in case the required government information falls within the scope of functions and duties of this administrative organ, but the organ has not produced or acquired it yet, notifying the applicant that the required government information does not exist;
5. in case the required government information does not fall within the scope of functions and duties of this administrative organ, notifying the applicant of the fact, and, if it is possible to determine the administrative organ entitled to disclose such information, notifying the applicant of the name and contact information of such administrative organ;
6. in case the required government information includes contents prohibited from being disclosed but it is possible to separate them from the required government information, notifying the applicant of, for the part of the government information that can be disclosed, the ways and channels for accessing to such government information, and, for the part that shall not be disclosed, reasons therefor;
7. in case the required government information involves any trade secret or individual privacy but satisfies the provision of Paragraph 2 of Article 12 of these Provisions and can be disclosed, notifying the applicant of the ways and channels for accessing to such government information and notifying in written form the party concerned to the trade secret or individual privacy of the contents to be disclosed and reasons therefor;
8. in case the contents of the application are not explicit and fail to satisfy the provision of Paragraph 1 of Article 21 of these Provisions, notifying the applicant to complete or correct the contents within a reasonable time limit, if the applicant fails to do so within the prescribed time limit, it shall be deemed as it/he gives up the application; and
9. in case the applicant makes repeated applications to the same administration organ for the disclosure of the same government information without any legitimate reasons, if the administrative organ has given a reply, it shall notify the applicant that it will not handle its/his other applications.
Article 24 (Ways for Acquisition and Vehicle Form)
For the government information to be disclosed upon application, an applicant may choose to acquire it by way of mailing, delivery, fax or taking in the face, etc., and choose the vehicle form (paper, CD or magnetic disk) of such information.
The administrative organ shall provide government information in the way and vehicle form required by the applicant. If it cannot do so, it shall make arrangements for the applicant to consult the relevant material or provide such information in other appropriate way or vehicle form.
Article 25 (Acquirement and Correction of Self-related Information)
Where a citizen, legal person or other organization applies to an administrative organ for providing self-related government information about tax payment, social security, medical care and registration, he/it shall produce a valid identity certificate.
If the said government information is made by the administrative organ and the citizen, legal person or other organization has evidence to prove that such information is inaccurate, he/it has the right to request the administrative organ to correct. If the administrative organ has no right to do the correction, it shall forward the request to the competent administrative organ and notify the applicant of the forward.
Article 26 (Time Limit)
If it is feasible to give a reply to an applicant for the disclosure of government on the spot, an administrative organ shall give a reply on the spot; if not, it shall give a reply within 15 workdays from the date when the application is received. If it needs to extend the time limit for reply, upon the consent of the person in charge of the working body of government information disclosure, the time limit may be extended for 15 workdays at most, and the extension shall be notified to the applicant.
The administrative organ shall provide the government information required by the applicant on the spot after the applicant finishes handling the relevant formalities. If it cannot provide on the spot, it shall do so within 10 workdays after the applicant finishes handling the relevant formalities.
Article 27 (Charges)
When providing government information to citizens, legal persons or other organizations upon application, administrative organs may charge the retrieval, copying and mailing fees and other actually incurred costs, but only.
The charging rates of the above-mentioned costs shall be governed by the relevant provisions of the price administrative department and the public finance department of the State Council. All charges collected shall be turned in to the public finance.
If the applicant is under the urban or rural minimum living standard or have other economic difficulties, the aforesaid charges shall be exempted.
No administrative organ may provide paid service with government information through other organization or individual.
Chapter V Supervision and Remedy
Article 28 (Annual Report)
The competent department of government information disclosure of the municipal government shall work out and publish the annual report on government information disclosure of the whole municipality before the end of March each year.
Other administrative organs of this Municipality shall work out and publish their respective annual report on government information disclosure before the end of February each year, and file such report with the competent department of government information disclosure of the municipal or district (county) government.
The annual report on government information disclosure shall cover the following contents:
1. situations about the voluntary disclosure of government information by the administrative organs;
2. statistics on the application of citizens, legal persons or other organizations for the disclosure of government information;
3. statistics on the classification of the government information disclosed, partly disclosed or not disclosed by the administrative organs;
4. situations about the administrative reconsiderations and administrative litigations occurred in the government information disclosure work, and the handling results of such situations;
5. charges for the disclosure of government information, and situations about the exemption of such charges;
6. major problems existing in the disclosure of government information and the improvements thereof; and
7. other important issues to be reported.
Article 29 (Evaluation)
The municipal or district (county) government shall evaluate the government information disclosure work of the governmental departments at the same level and the government at the next lower level. The specific evaluation work shall be organized and implemented by the competent department of government information disclosure of the municipal or district (county) government together with the supervisory organ, the digitalization department and the personnel department at the same level.
The evaluation shall be conducted on an annual basis.
The evaluation results shall be taken as a basis for evaluating the performances of administrative organs and be disclosed to the public.
Article 30 (Public Appraisal)
The competent department of government information disclosure of the municipal or district (county) government shall, together with the supervisory organ and the digitalization department at the same level, subject the government information disclosure work of each administrative organ to public appraisal.
The public appraisal results shall be published.
Article 31 (Supervision and Inspection)
The competent department of government information disclosure and the supervisory organ of the municipal or district (county) government shall supervise and inspect the government information disclosure work of the administrative organs on a regular basis.
Where any citizen, legal person or other organization holds that an administrative organ fails to fulfill the obligation of government information disclosure according to law, he/it may report it to the administrative organ at a higher level, the supervisory organ or the competent department of government information disclosure. The organ receiving the report shall investigate and handle the situation.
Article 32 (Responsibility Inquiry)
Where any administrative organ fails to set up the secrecy examination mechanism for the disclosure of government information as required, the supervisory organ, or the administrative organ at the next higher level, shall order it to correct and, if the circumstances are serious, impose a punishment on the chief person in charge of the organ.
Where any administrative organ falls under any of the following circumstances, the supervisory organ, or the administrative organ at the next higher level, shall order it to correct, impose punishments on the directly liable person in charge of the organ and other directly liable persons if the circumstances are serious, and, if any crime has been constituted, subject it to corresponding criminal responsibility:
1. failing to fulfill the obligation of disclosing government information according to law;
2. failing to update the contents of disclosed government information as well as the guide and catalogue for the disclosure of government information in a timely manner;
3. failing to file the guide or catalogue for the disclosure of government information or the government information to be disclosed voluntarily with the national archives and public libraries as required;
4. charging fees against the law;
5. providing paid service with government information through other organization or individual;
6. having disclosed government information which shall not be disclosed; or
7. hiding or making up facts in the disclosure of government information.
Article 33 (Administrative Reconsideration and Administrative Litigation)
Where any citizen, legal person or other organization believes that a specific administrative act committed by an administrative organ in the disclosure of government information infringes upon his/its legal rights and interests, he/it may apply for administrative reconsideration or bring an administrative litigation according to law.
Chapter VI Supplementary Provisions
Article 34 (Organizations Authorized by Law)
The disclosure of government information by organizations authorized by laws and regulations with the function of managing public affairs shall be governed by these Provisions.
Article 35 (Handing over Government Information to the National Archives)
For the archives handed over by administrative organs to the national archives and involving government information, their disclosure shall be governed by the laws and regulations on archives.
If the archives handed over by an administrative organ to the national archives involve government information, the administrative organ shall notify the national archives whether the government information shall be disclosed voluntarily, disclosed upon application or not disclosed.
Article 36 (Guarantee of Expenses)
An administrative organ shall bring the expenses necessary for the government information disclosure work into its annual departmental budget to guarantee the normal proceeding of the government information disclosure activities.
Article 37 (Date of Implementation)
These Provisions shall come into force as of May 1st, 2008. The Provisions of Shanghai Municipality on the Disclosure of Government Information issued by the municipal government of Shanghai on January 20th, 2004 shall be abolished simultaneously.