Notice of the Office of Government Information and Government Affairs Disclosure of the General Office of the State Council on Printing and Issuing the “Annual Report Format on Government Information Disclosure of the People’s Republic of Chinax”

Notice of the Office of Government Information and Government Affairs Disclosure of the General Office of the State Council

on Printing and Distributing the “Annual Report Format of Government Information Disclosure of the People’s Republic of China

” State Office

Disclosure Letter [2021] No. 30

General Offices of the People’s Governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions of the State Council, and offices of directly affiliated institutions:

In accordance with the provisions of Article 50 of the Regulations of the People’s Republic of China on Government Information Disclosure, the revised “Annual Report Format of Government Information Disclosure of the People’s Republic of China” is now issued to you, please implement it carefully.

The Office of Government Information and Government Affairs Disclosure of the General Office of the State Council

dated September 26, 2021

, the Annual Report Format of the Government Information Disclosure Work of the People’s Republic of China

(hereinafter referred to as the Annual Report). It is a statutory institutional arrangement established by the Regulations of the People’s Republic of China on the Disclosure of Government Information. It is an important way to comprehensively reflect the work of government information disclosure, strengthen government information management, and demonstrate the process and results of government governance. It is of great significance to strengthening the government’s own construction and promoting the modernization of the national governance system and governance capabilities. In order to better play the important role of the annual report, in accordance with the requirements and authorization of Article 50 of the “Regulations of the People’s Republic of China on Government Information Disclosure” and in conjunction with the actual work, the “Annual Report Format for Government Information Disclosure of the People’s Republic of China” is formulated and updated in a timely manner according to changes in the situation.

1. Report Contents The content of the

annual report must be determined in strict accordance with the provisions of Article 50 of the “Regulations of the People’s Republic of China on the Disclosure of Government Information” and cannot be omitted or generalized.

(1) Overall situation.

This report reports the overall situation of the government information disclosure work of the agency and summarizes the implementation of the “Regulations of the People’s Republic of China on Government Information Disclosure” by the agency, mainly including proactive disclosure, disclosure on application, government information management, construction of government information disclosure platform, supervision and guarantee (Including the “work assessment, social evaluation and accountability results” of people’s governments at all levels as stipulated in Article 50, Item 4 of the “Regulations of the People’s Republic of China on the Disclosure of Government Information”) and other aspects, the focus is on focusing on the theme, being concise and objective, and the length should not exceed a thousand words in principle.

(2) Administrative agencies proactively disclose government information.

Among the statutory proactive disclosure content stipulated in Article 20 of the “Regulations of the People’s Republic of China on the Disclosure of Government Information” in this main report, the content that is suitable to be presented in the form of data and has statistical summary value includes four items (1)(5)(6)(8), among which, the number of administrative licenses in item (5) and the number of administrative penalties and administrative mandatory administrative mandatory in item (6) include those that have been disclosed and those that have not been disclosed in accordance with the law. All disposal decisions. The approval time point for each data is December 31 of the reporting year.

(3) The administrative agency receives and handles applications for government information disclosure.

This report mainly reports two aspects: one is the category of the applicant; the other is the final processing result of the government information disclosure application.This content focuses on accurate data and complete elements, comprehensively and objectively reflecting the receipt and processing of government information disclosure applications, so as to facilitate the competent department of government information disclosure to fully grasp the work dynamics and enable all sectors of society to understand the government’s openness and transparency process.

(4) The situation of administrative review being applied for or administrative litigation being filed due to government information disclosure work.

This report mainly reports two aspects: one is the results of administrative reconsideration for government information disclosure; the other is the results of administrative litigation for government information disclosure. According to the relevant provisions of the Administrative Review Law and the Administrative Litigation Law, the handling results of administrative litigation need to be further distinguished between two types of situations, namely “direct prosecution without review” and “prosecution after review”.

For administrative litigation cases where the administrative review agency is a co-defendant, only the number of cases involving the original actor is counted, and the number of cases involving the administrative review agency is not counted.

(5) The main problems existing in the government information disclosure work and improvements.

This report mainly reports on the main problems and improvements in the government information disclosure work of this agency. This content focuses on seeking truth from facts, being clear and specific, and avoiding generalities, ambiguities and generalities. Finding problems must be targeted, improvement measures must be effective, and there must be no perfunctory or even the same thing year after year.

(6) Other matters requiring reporting.

This report mainly reports other matters that the agency believes need to be reported, as well as other matters that are specifically required by relevant documents to be reported through annual reports.

The collection of information processing fees by various administrative agencies in accordance with the “Measures for the Administration of Information Processing Fees for Government Information Disclosure” is specially reported here.

The template of the annual report format of each administrative agency is attached. Previous various reports and statistical standards on government information disclosure lapsed with the invalidation of the original government information disclosure regulations. The format of the annual report of the government at the same level summarized by the competent department for government information disclosure shall be handled with reference to this format template. For units with the party’s working organs with the brand of administrative organs, the content of the annual report shall be determined in accordance with the relevant regulations issued by the national government information disclosure department (State Council Public Ban Han [2019] No. 51), and shall be handled with reference to this format template.

2. Reporting method and time

(1) The method and time for people’s government departments at or above the county level to report to the competent department of government information disclosure at the corresponding level and announce it to the public.

According to the provisions of Article 49 of the “Regulations of the People’s Republic of China on the Disclosure of Government Information”, people’s government departments at or above the county level shall submit their annual reports to the competent department of government information disclosure at the corresponding level before January 31 of each year and publish them to the public.

The specific scope of people’s government departments at or above the county level shall be determined by the competent departments of government information disclosure in accordance with the provisions of Article 27 of the “Regulations of the People’s Republic of China on Government Information Disclosure” and in accordance with the three elements of “administrative nature, externality, and independence.”The general offices (offices) of local people’s governments at or above the county level shall publish to the public the annual reports of their government agencies (referring to the work of government information disclosure carried out in the name of the government and government offices (offices)). Township people’s governments shall, in accordance with the requirements of people’s government departments at or above the county level, report to the competent department of government information disclosure of the county-level people’s government. A system that implements vertical leadership reports step by step to the department in charge of government information disclosure of the system, and does not report to the department in charge of government information disclosure of local governments. However, the general office (office) of the department that implements vertical leadership must report to the national government. The department in charge of information disclosure submits its annual report. All government information disclosure departments shall strengthen the review and control of annual reports.

The competent department of government information disclosure of local people’s governments at or above the county level shall centrally publish the annual reports of government departments at the same level and lower-level governments to the public through the “Government Information Disclosure” column on the government portal website at the same level, which on the one hand is convenient for public access. On the other hand, in this way, the scope of administrative agencies within their administrative regions that apply the Regulations of the People’s Republic of China on Government Information Disclosure will be clarified. On the basis of centralized publication, each administrative agency may publish its own annual report to the public through its own website or other appropriate means. Implement a vertical leadership system and publish annual reports in accordance with the above requirements.

(2) The method and time for the government information disclosure department of the local people’s government at or above the county level to announce it to the public.

According to the provisions of Article 49 of the “Regulations of the People’s Republic of China on the Disclosure of Government Information”, the competent department of government information disclosure of local people’s governments at or above the county level shall publish the annual report of the government at the corresponding level to the public before March 31 of each year.

The annual report of local people’s governments at or above the county level shall summarize relevant information and data step by step. The government information disclosure department of the county-level government shall summarize the annual reports of its affiliated departments and township governments, submit them to the higher-level government information disclosure department before February 20 and publish them to the public. The government information disclosure department of the prefecture-level government shall summarize the annual reports of its affiliated departments and county-level governments, submit them to the higher-level government information disclosure department before March 10 and publish them to the public. The government information disclosure department of the provincial government shall summarize the annual reports of its affiliated departments and prefecture-level governments, submit them to the national government information disclosure department before March 31 and publish them to the public.

Departments that implement vertical leadership shall refer to the reporting requirements of local people’s governments at or above the county level to summarize and form a system-wide annual report, which will be submitted to the national government information disclosure authorities before March 31 and announced to the public.

3. Work requirements

(1) Improve awareness. The annual report not only reflects the government information disclosure work, but also reflects the government work itself. It is an important way to better play the functions of the government information disclosure system.Through the annual report, it can systematically reflect the number of documents issued by each administrative agency, as well as important situations such as administrative licensing, administrative penalties, and administrative enforcement, providing basic data support for promoting the modernization of the national governance system and governance capabilities. It is necessary to further deepen our understanding of the important role of annual reports, effectively improve work initiative and consciousness, and continuously improve work effectiveness.

(2) Strengthen leadership. The annual report covers all aspects of the daily work of administrative agencies. It is a systematic review and comprehensive report of the work of the agency from the perspective of government information disclosure. It is necessary to strengthen leadership in a targeted manner to ensure that internal coordination is strong, and that relevant information and data are fully reported and comprehensive and accurate. All government information disclosure departments must strengthen guidance and supervision and include annual reports as important contents of business training and assessment. It is necessary to fully consider the professionalism of the annual report on government information disclosure work, allocate strong work forces, and ensure the quality of work.

(3) Lay a solid foundation. The annual report covers the work of administrative agencies throughout the year. It is necessary to do the work in normal times and establish and improve various internal work systems such as registration, review, processing, reply, and filing of government information disclosure applications in accordance with the requirements of Article 45 of the “Regulations of the People’s Republic of China” to avoid sudden work at the end of the year.Government information disclosure agencies must consciously identify the role of government information administrators, coordinate and promote the basic work of strengthening government information management by various internal agencies of the agency, and ensure that the data required for annual reports are compiled, reported accurately, and verifiable. Give full play to the supervisory and normative role of government information disclosure in government work.

(4) Clarify responsibilities. The leaders of each administrative agency in charge of government information disclosure are the first responsible persons and bear leadership responsibility for the annual report. The government information disclosure agencies of all agencies are the legally responsible entities and must perform their duties with due diligence and prepare annual reports with high quality. In case of problems such as failure to release on time, inaccurate and incomplete content, similar content, perfunctory responsibility and causing adverse consequences, the corresponding government information disclosure department shall comply with the Regulations of the People’s Republic of China on Government Information Disclosure. Article 47 stipulates that responsible leaders and persons directly responsible shall be strictly held accountable.