Notice of the General Office of the State Council on Printing and Issuing the “Measures for the Formulation of Regulations on Information Disclosure of Public Enterprises and Institutions

The people’s governments of all provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council: The

“Measures for the Formulation of Information Disclosure Regulations on Public Enterprises and Institutions” have been approved by the State Council and are now issued to you. Please implement it carefully.

General Office of the State Council December

7, 2020

(this document is publicly released)

Measures for the Formulation of Information Disclosure Regulations on Public Enterprises and Institutions

Article 1 In order to establish and improve the information disclosure system for public enterprises and institutions, further promote information disclosure of public enterprises and institutions, and strengthen supervision and management of public enterprises and institutions, improve the service level of public enterprises and institutions, better safeguard the vital interests of the people, and help optimize the business environment, these Measures are formulated in accordance with the relevant provisions of the Regulations of the People’s Republic of China on Government Information Disclosure.

Article 2 The relevant competent departments of the State Council shall formulate or revise the information disclosure regulations of public enterprises and institutions in the fields of education, health, water supply, power supply, gas supply, heat supply, environmental protection, public transportation and other fields in accordance with Article 55 of the Regulations of the People’s Republic of China on Government Information Disclosure and the requirements of these Measures.

The national government information disclosure authorities will gradually expand the scope of application of these Measures based on economic and social development and actual work conditions.

Article 3 To formulate information disclosure regulations for public enterprises and institutions, we must be guided by Xi Jinping Thought on Socialism with China Characteristics for a New Era, adhere to the people-centered development idea, and adhere to the principles of abiding by laws and regulations, being convenient for the people, practical, and steadily advancing.

Article 4 The information disclosure regulations on public enterprises and institutions shall define the applicable entities, and may be generally applicable to all public enterprises and institutions in this field, or may only be applicable to some public enterprises and institutions in this field. If the conditions are met, a list of applicable entities can be listed.

The main subjects that apply to the information disclosure regulations on public enterprises and institutions include: public enterprises and institutions that have a dominant market position, strong public attributes, and are directly related to the health and life safety of the people, or public enterprises and institutions that have prominent information asymmetry problems with service objects and need to focus on strengthening supervision.

Article 5 The information disclosure method of public enterprises and institutions shall be mainly proactive disclosure. In principle, disclosure according to application shall not be adopted. If the information disclosure regulations of public enterprises and institutions stipulate disclosure based on application, they should clarify the processing time limit, processing methods, supervision and relief channels, etc. to ensure that the disclosure procedures based on application are operable.

The information disclosure regulations of public enterprises and institutions should require public enterprises and institutions to set up information disclosure consultation windows, establish and improve corresponding working mechanisms, strengthen communication and consultation, respond to concerns within a time limit, optimize consulting services, and meet the personalized information needs of service recipients and the public. The information disclosure consultation window is mainly set up to open hotlines or website interactive communication platforms, accept on-site consultations, etc., focusing on integration with customer service hotlines, mobile clients, etc. of public enterprises and institutions, to avoid undue increase in the burden on public enterprises and institutions.

Article 6 The information disclosure regulations of public enterprises and institutions shall flexibly determine the disclosure channels based on actual conditions, and put forward requirements for strengthening daily management and maintenance. When determining public channels, we should adhere to the principles of being pragmatic and effective, and adapting to local conditions to prevent “one size fits all”.

Article 7 The information disclosure regulations of public enterprises and institutions shall clearly list the disclosure content and time limit requirements in the form of a list, and dynamically adjust them according to actual conditions.

When determining the content of disclosure, we should insist on doing our best and within our capabilities, focusing on the following information:

(1) service information that is closely related to the daily production and life of the people;

(2) information that has a greater impact on the business environment;

(3) Information that is directly related to the vital interests of the service recipients;

(4) Information related to production safety and the safety of consumers ‘personal and property;

(5) Information that has high public opinion attention and reflects many problems;

(6) Other important information that should be disclosed.

In principle, the public content should be mainly disclosed for a long time. If it involves phased disclosure such as publicity, it should be distinguished and special provisions should be made.

Article 8 The supervision method for information disclosure of public enterprises and institutions shall mainly focus on appeals to competent departments at all levels, and in principle does not include applying for administrative review or filing administrative litigation. If laws and administrative regulations provide otherwise, such provisions shall prevail.

Competent departments at all levels shall establish a special work system, clarify the processing time limit, and promptly handle complaints about information disclosure of relevant public enterprises and institutions in accordance with the law.

Article 9 The provisions on information disclosure of public enterprises and institutions shall include special liability clauses, and strengthen the implementation of responsibilities by means of circulating a notice of criticism, ordering rectification and administrative punishment. The administrative penalty set forth in the provisions on information disclosure of public enterprises and institutions shall be based on the administrative penalty power granted to the relevant competent department by relevant laws and administrative regulations.

Article 10 In formulating regulations on information disclosure of public enterprises and institutions, scientific and democratic legislation shall be adhered to, opinions of service objects, public enterprises and institutions, trade associations, representatives of the masses, experts and scholars shall be fully listened to, and reasonable suggestions shall be actively adopted.

Article 11 The provisions on information disclosure of public enterprises and institutions shall properly handle the relationship between information disclosure and other important interests such as state secrets, public security, industrial security, trade secrets, personal information protection, etc., and pay attention to distinguishing information disclosure from business inquiry services.

Article 12 The information disclosure regulations of public enterprises and institutions shall strengthen the connection with relevant systems such as information disclosure of listed companies and enterprise information disclosure, and comprehensively consider the provisions of laws, administrative regulations, and rules on information disclosure of public enterprises and institutions in this field.

Article 13 Information disclosure regulations for public enterprises and institutions shall be formulated in the form of regulations. If the conditions for formulating regulations are not yet ripe, normative documents can be formulated first and regulations can be formulated as soon as possible after the conditions are ripe.

Article 14 These Measures shall be interpreted by the national government information disclosure authorities.

Article 15 These Measures shall come into effect on January 1, 2021.