Legal information

Introduction to the article: The "Regulations on Government Information Disclosure of the People's Republic of China" (hereinafter referred to as the "Regulations") have been revised. This is the first revision of the Regulations in the 11 years since its implementation. After the revision, there are a total of 6 chapters and 56 articles, with 18 new articles. The revised new "Regulations" were announced on April 15, 2019, and will come into effect on May 15, 2019.

1. The newly revised "Government Information Disclosure Regulations" are conducive to the handling of land acquisition, demolition and other cases.

During the land acquisition and demolition process, many relocated households lacked understanding of land acquisition and demolition information. Sometimes I want to apply for government disclosure of information, but I don’t know how to obtain the information. Even if you call the relevant departments, you may be pushed back by multiple parties. The information you want to know cannot be obtained in time. However, the statute of limitations has a time limit. If the statute of limitations is missed, you may not be able to obtain reasonable compensation. The Yingting Demolition Team learned that the newly revised "Government Information Disclosure Regulations" in 2019 added many new regulations, including a total of fifty-six articles, which greatly ensured the improvement of the information disclosure system and the implementation of information disclosure work.

2. What important contents have been modified and added in the new "Government Information Disclosure Regulations"?

1. Disclosure on the initiative and upon request

2. Build a government governed by the rule of law

3. Perform administrative functions

4. The general offices (offices) of local people's governments at or above the county level are the departments in charge of government information disclosure in their respective administrative regions.

5. The general office (office) of the department with vertical leadership is responsible for the government information disclosure work of the system.

6. The specific functions of the government information disclosure agency include: handling government information disclosure matters of this administrative agency; (4) organizing the review of government information to be disclosed.

7. When administrative agencies disclose government information, they should adhere to the principle of making disclosure the norm and non-disclosure as the exception, and follow the principles of justice, fairness, legality, and convenience for the people.

8. If administrative agencies discover false or incomplete information that affects or may affect social stability or disrupt social and economic management order, they should release accurate government information to clarify it.

9. People's governments at all levels should actively promote government information disclosure and gradually increase the content of government information disclosure.

10. Article 8: People's governments at all levels shall strengthen the standardization, standardization and informatization management of government information resources, strengthen the construction of Internet government information disclosure platforms, promote the integration of government information disclosure platforms and government service platforms, and improve the level of online processing of government information disclosures.

11. Article 9 Citizens, legal persons and other organizations have the right to supervise the government information disclosure work of administrative agencies and make criticisms and suggestions.

12. The subject and scope of disclosure include: Government information produced by administrative agencies shall be disclosed by the administrative agency that produces the government information. Government information obtained by administrative agencies from citizens, legal persons and other organizations shall be disclosed by the administrative agency that preserves the government information; government information obtained by other administrative agencies by administrative agencies shall be disclosed by the administrative agency that produced or originally obtained the government information. If laws and regulations have other provisions on the authority of government information disclosure, such provisions shall prevail. If dispatched offices or internal agencies established by administrative agencies perform administrative functions in their own names in accordance with laws and regulations, the dispatched agencies or internal agencies may be responsible for government information disclosure related to the administrative functions they perform. Government information jointly produced by two or more administrative agencies shall be disclosed by the administrative agency that takes the lead in producing it.

13. People's governments at all levels should set up government information review sites in national archives, public libraries, and government service venues, and be equipped with corresponding facilities and equipment to facilitate citizens, legal persons, and other organizations in obtaining government information.

14. Government information that falls within the scope of voluntary disclosure shall be disclosed promptly within 20 working days from the date the government information is formed or changed. If laws and regulations otherwise stipulate the time limit for government information disclosure, such provisions shall prevail.

15. Citizens, legal persons or other organizations that apply to obtain government information shall submit the application to the government information disclosure agency of the administrative agency in written form, including letters and data messages; if there is any difficulty in using written form, the applicant may submit the application orally, and the government information disclosure agency that accepts the application will fill out the government information disclosure application on their behalf.

Applications for government information disclosure should include the following contents:

(1) Applicant’s name, identity certificate, and contact information;

(2) The name, document number, or other characteristic description that is convenient for administrative agencies to query the government information applied for disclosure;

(3) Formal requirements for government information applied for disclosure, including methods and channels for obtaining information.

16. If the disclosure of government information upon application will damage the legitimate rights and interests of a third party, the administrative agency shall seek the opinions of the third party in writing. Yingting learned that the third party should provide opinions within 15 working days from the date of receipt of the solicitation letter. If the third party fails to provide opinions within the time limit, the administrative agency shall decide whether to disclose the matter in accordance with the provisions of these regulations. If the third party does not agree to the disclosure and has reasonable reasons, the administrative agency will not disclose it. If the administrative agency believes that non-disclosure may have a significant impact on public interests, it may decide to disclose it and notify the third party in writing of the content and reasons for the decision to disclose the government information.

17. If the administrative agency receives an application for government information disclosure and is able to reply on the spot, it shall reply on the spot. If the administrative agency is unable to respond on the spot, it shall respond within 20 working days from the date of receipt of the application; if it is necessary to extend the response period, it shall obtain the consent of the person in charge of the government information disclosure agency and notify the applicant, and the extended period shall not exceed 20 working days.

The time required for administrative agencies to solicit opinions from third parties and other agencies is not included in the time limit specified in the preceding paragraph.

18. If the government information applied for disclosure is jointly produced by two or more administrative agencies, the administrative agency leading the production may solicit the opinions of the relevant administrative agencies after receiving the application for government information disclosure. The agency whose opinions are solicited shall provide opinions within 15 working days from the date of receipt of the solicitation letter. Failure to provide opinions within the time limit shall be deemed to agree to the disclosure.

19. If the quantity and frequency of the applicant's application for disclosure of government information obviously exceeds the reasonable range, the administrative agency may require the applicant to explain the reasons. If the administrative agency believes that the reasons for the application are unreasonable, it will inform the applicant that it will not be processed; if the administrative agency believes that the reasons for the application are reasonable, but it is unable to respond to the applicant within the time limit specified in Article 33 of these Regulations, it may determine a reasonable period for delaying the response and inform the applicant.

20. For government information disclosure applications, administrative agencies will respond respectively according to the following circumstances:

(1) If the requested public information has been disclosed voluntarily, inform the applicant of the methods and channels for obtaining the government information;

(2) If the requested public information can be disclosed, provide the applicant with the government information, or inform the applicant of the method, channel and time to obtain the government information;

(3) If the administrative agency decides not to disclose the information in accordance with the provisions of these Regulations, it shall inform the applicant of the non-disclosure and explain the reasons;

(4) If the requested public information is not found after searching, the applicant will be informed that the government information does not exist;

(5) If the information applied for disclosure is not the one that the administrative agency is responsible for disclosing, inform the applicant and explain the reasons; if the administrative agency responsible for disclosing the government information can be identified, inform the applicant the name and contact information of the administrative agency;

(6) If the administrative agency has responded to the applicant’s application for government information disclosure and the applicant repeatedly applies for disclosure of the same government information, the applicant shall be informed that repeated processing will not be carried out;

(7) The information applied for disclosure belongs to industrial and commercial, real estate registration materials and other information. If the relevant laws and administrative regulations have special provisions on the acquisition of information, the applicant shall be informed to follow the provisions of the relevant laws and administrative regulations.

21. If the information applied for disclosure contains content that should not be disclosed or is not government information, but it can be distinguished, the administrative agency shall provide the applicant with the government information content that can be disclosed and explain the reasons for the content that cannot be disclosed.

22. The information provided by the administrative agency to the applicant shall be government information that has been produced or obtained. Except where distinctions can be made in accordance with the provisions of Article 37 of these Regulations, if administrative agencies need to process and analyze existing government information, the administrative agencies may not provide it.

23. If an applicant carries out petitions, complaints, reports and other activities in the form of a government information disclosure application, the administrative agency shall inform the applicant that it will not be treated as a government information disclosure application and may inform the applicant to submit it through corresponding channels. If the applicant's application content requires the administrative agency to provide public publications such as government gazettes, newspapers and periodicals, books, etc., the administrative agency may inform the method of obtaining them.

24. When an administrative agency discloses government information upon application, it shall determine the specific form of providing government information based on the applicant's request and the actual situation of the administrative agency's preservation of government information. If providing government information in the form requested by the applicant may endanger the security of the government information carrier or the cost of disclosure is too high, it may provide it through electronic data or other appropriate forms, or arrange for the applicant to review or copy the relevant government information.

25. If citizens, legal persons or other organizations have evidence that the government information records related to themselves provided by administrative agencies are inaccurate, they may request the administrative agencies to make corrections. If the administrative agency with the right to make corrections verifies that it is true, it shall correct it and notify the applicant; if it does not fall within the scope of the administrative agency's functions, the administrative agency may transfer it to the administrative agency with the right to make corrections for processing and notify the applicant, or notify the applicant to submit a request to the administrative agency with the right to make corrections.

26. Administrative agencies provide government information upon request without charging fees. However, if the quantity and frequency of the applicant's application for disclosure of government information obviously exceeds the reasonable range, the administrative agency may charge information processing fees.

The specific measures for administrative agencies to collect information processing fees shall be formulated by the price department of the State Council in conjunction with the finance department of the State Council and the national government information disclosure department.

27. If citizens who apply for disclosure of government information have reading difficulties or audio-visual impairments, administrative agencies should provide them with necessary assistance.

28. If multiple applicants apply for disclosure of the same government information to the same administrative agency, and the government information can be disclosed, the administrative agency can include it in the scope of active disclosure. For government information disclosed by administrative agencies upon application, if the applicant believes that it involves the adjustment of public interests, needs to be widely known by the public, or requires public participation in decision-making, the applicant may suggest that the administrative agency include the information in the scope of active disclosure. If the administrative agency determines upon review that it falls within the scope of voluntary disclosure, it shall voluntarily disclose it in a timely manner.

29. Administrative agencies should establish and improve the working system for registration, review, processing, reply and archiving of government information disclosure applications, and strengthen work standards.

30. The competent departments for government information disclosure should strengthen the daily guidance, supervision and inspection of government information disclosure work. If administrative agencies fail to carry out government information disclosure work as required, they should urge rectification or notify criticism; if it is necessary to hold responsible leaders and directly responsible personnel accountable, they should make handling suggestions to the competent authorities in accordance with the law.

If citizens, legal persons or other organizations believe that administrative agencies have not proactively disclosed government information as required or have not responded to government information disclosure applications in accordance with the law, they may lodge a complaint with the competent authority for government information disclosure. If the department in charge of government information disclosure verifies that it is true, it shall urge rectification or notify criticism.

31. The competent departments for government information disclosure should conduct regular training for government information disclosure staff of administrative agencies.

32. People’s government departments at or above the county level shall submit their annual government information disclosure work report for the previous year to the government information disclosure department at the same level before January 31 of each year and publish it to the public.

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

33. The annual report on government information disclosure should include the following contents:

(1) Administrative agencies proactively disclose government information;

(2) The status of administrative agencies receiving and processing applications for government information disclosure;

(3) Applications for administrative reconsideration and administrative litigation due to government information disclosure work;

(4) The main problems and improvements in government information disclosure work. The annual reports on government information disclosure work of people's governments at all levels should also include the results of work assessment, social evaluation and accountability;

(5) Other matters that need to be reported.

The competent departments for government information disclosure nationwide shall publish a unified format for the annual report on government information disclosure and update it in a timely manner.

34. If citizens, legal persons or other organizations believe that an administrative agency has infringed upon their legitimate rights and interests in government information disclosure, they may complain or report to the higher-level administrative agency or the government information disclosure authority, or they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

35. If an administrative agency violates the provisions of these Regulations and fails to establish and improve relevant systems and mechanisms for government information disclosure, the administrative agency at the next higher level shall order corrections; if the case is serious, the responsible leaders and directly responsible personnel shall be punished in accordance with the law.

36. If an administrative agency violates the provisions of these Regulations and commits any of the following circumstances, the administrative agency at the next higher level shall order it to make corrections; if the circumstances are serious, the responsible leaders and directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Failure to perform government information disclosure functions in accordance with the law;

(2) Failure to promptly update the public government information content, government information disclosure guidelines and government information disclosure catalog;

(3) Other situations that violate the provisions of these regulations.

37. Public enterprises and institutions that are closely related to the interests of the people, such as education, health, water supply, power supply, gas supply, heating supply, environmental protection, and public transportation, disclose the information produced and obtained in the process of providing social public services in accordance with relevant laws, regulations, and the provisions of the relevant competent departments or agencies of the State Council. The national government information disclosure authorities may formulate special regulations based on actual needs. If the public enterprises and institutions specified in the preceding paragraph fail to disclose the information produced or obtained in the process of providing public services in accordance with relevant laws, regulations and the provisions of the relevant competent departments or agencies of the State Council, citizens, legal persons or other organizations may appeal to the relevant competent departments or agencies. The department or agency that accepts the complaint shall investigate and handle it in a timely manner and inform the complainant of the result.

Yingting reminds you:

1. If you believe that your legitimate rights and interests have been infringed, you can complain or report to the higher-level administrative agency or the government information disclosure department, or you can apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

2. If public enterprises and institutions fail to disclose information produced or obtained in the process of providing public services in accordance with relevant laws, regulations and the provisions of the relevant competent departments or agencies of the State Council, citizens, legal persons or other organizations may appeal to the relevant competent departments or agencies. The department or agency that accepts the complaint shall promptly investigate and handle the matter and inform the complainant of the results.