Letter from the Office of Government Information and Government Affairs Disclosure of the General Office of the State Council on forwarding the ”Guidelines for Handling Replies to Government Information Disclosure Applications in Jiangsu Province”

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

Since the promulgation and implementation of the newly revised “Regulations of the People’s Republic of China on Government Information Disclosure”, the General Office of the People’s Government of Jiangsu Province has actively performed the responsibilities of the statutory competent department, studied and formulated the “Jiangsu Provincial Government Information Disclosure Application Response Standards”. We believe that this specification has an accurate understanding and strong operability of the new regulations. In particular, the 26 types of reply formats for government information disclosure applications have important reference value for standardizing disclosure work in accordance with applications and reducing unnecessary administrative disputes.

It is now forwarded for reference in work.

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

          

issued a reply to Jiangsu Province Government Information Disclosure Application on January 10, 2020.

In accordance with the “Regulations of the People’s Republic of China on Government Information Disclosure”(State Council Order No. 711, hereinafter referred to as the “Regulations”), in order to standardize the province’s administrative agencies ‘disclosure behavior in accordance with applications, build a law-based government and a service-oriented government, protect the public’s right to know, and better play the role of government affairs disclosure in promoting the modernization of governance capabilities, Jiangsu Province Government Information Disclosure Application Response Standards are now formulated.

1. Application review clarifies whether to make up or not

. After receiving the application for government information disclosure, the administrative agency will first review the application. If the application materials meet the prescribed requirements, they will be handled in accordance with the application disclosure procedures; if they do not meet the prescribed requirements, the applicant will be notified to make corrections.

(1) Correction of circumstances.

When one of the following circumstances occurs in the content of the government information disclosure application, the administrative agency informs the applicant to make corrections.

1. Failure to provide the applicant’s name, identity certificate, and contact information;

2. The name, document number or other characteristic description of the government information applied for disclosure are unclear or ambiguous;

3. The formal requirements of the government information applied for disclosure are unclear, including unclear ways and means to obtain information.

(2) Notification of correction.

If corrections are needed, the administrative agency shall inform the applicant of the matters of corrections, the reasonable period for corrections, and the consequences of refusing corrections within 7 working days from the date of receiving the application.

1. For those who require mail delivery but do not provide contact information and mailing address, or require e-mail delivery but do not provide e-mail delivery, and do not provide identification, the administrative agency shall inform the applicant to provide relevant materials;

2. If the characteristic description of the application of government information cannot point to specific information, the understanding is ambiguous, or involves consulting matters, the administrative agency shall inform the applicant to make changes or supplements, and provide guidance and explanation on the reasons and content that need to be corrected;

3. If the methods and means of obtaining government information are not clearly disclosed, the administrative agency may require the applicant to clarify;

4.The reasonable period for correction granted to the applicant may refer to the time for soliciting third-party opinions, and generally does not exceed 15 working days;

5. If the applicant fails to make corrections within the time limit without justifiable reasons, it will be deemed to have waived the application, and the administrative agency will no longer process the government information disclosure application.

(3) Correction results.

In principle, no correction should be made more than once. If the applicant still cannot clarify the content of the application after correction, the administrative agency may clarify the government information it needs to obtain through face-to-face or telephone communication with the applicant; if the correction effect is still not achieved thereafter, a decision that cannot be provided can be made based on objective facts. After the applicant abandons the correction, the administrative agency will no longer process the application for government information disclosure.

2. Distinction of responsibilities and judgment “should not”

According to the provisions of Articles 36 and 39 of the Regulations, for applications with clear content, the administrative agency determines whether to handle them as government information disclosure applications based on actual conditions, and how to handle the application.

(1) Not processed as an application for government information disclosure.

If the applicant conducts petitions, complaints, reports and other activities in the form of an application for government information disclosure, the administrative agency shall inform the applicant that it will not be processed as an application for government information disclosure and may inform the applicant to submit it through corresponding channels.

(2) The agency does not grasp or disclose it.

According to the provisions of Item 5 of Article 36 of the Regulations, if the information applied for disclosure falls within the scope of responsibilities of other administrative agencies and is not available to the agency, the administrative agency shall inform the applicant and explain the reasons; if it is possible to determine the administrative agency responsible for disclosing the government information, inform the applicant of the name and contact information of the administrative agency. If the information applied for disclosure has been voluntarily disclosed, the applicant may be informed of the ways and means to obtain the information. Administrative agencies should strengthen the construction of Internet government information disclosure platforms and explore the establishment of a branch and transfer mechanism for government information disclosure applications.

If the powers and powers of an administrative agency change, the administrative agency responsible for exercising the relevant powers shall bear the responsibility for disclosing the corresponding government information; if the powers and powers of an administrative agency are assigned to the party’s working agency, if the party’s working agency hangs the brand of an administrative agency, it will use the “Regulations” to the outside world. Information formed during the independent performance of statutory administrative functions in the name of the administrative agency shall apply. If the applicant applies to the administrative agency for the disclosure of relevant government information, the administrative agency for the transfer of powers may make corresponding handling after soliciting opinions from the administrative agency for the transfer of powers, or may inform the applicant to submit a separate application to the administrative agency for the transfer of powers.

The party affairs information replied to the applicant with the following: “The application information is subject to the Regulations on the Disclosure of Party Affairs of the Communist Party of China (Trial), and this agency will not disclose it, so I hereby inform you.” If relevant information has been obtained and can be made public, it can be provided to the applicant for the convenience of the person.

(3) No duplicate processing will be carried out.

If the administrative agency has responded to the applicant’s application for government information disclosure and the applicant has repeatedly applied for disclosure of the same government information, the applicant shall be informed that it will not be processed again; if other administrative agencies have responded and the applicant has submitted an application to the agency, it shall be handled.

3. Information search to confirm whether there is “whether”

the administrative agency should carefully search and retrieve the government information applied for by the applicant to confirm whether the application information exists.

After search, the administrative agency has not produced or obtained relevant information; if it has produced or obtained relevant information, but the administrative agency is objectively unable to provide it due to reasons such as exceeding the storage period, destroying it in accordance with the law, or losing the data, the provisions of Article 36 of the Regulations inform the applicant that “the government information does not exist after retrieval.”

Administrative agencies shall strengthen government information management. In response to the problems of scattered release, poor management, and unclear bases of government information, we will accelerate the standardization, standardization, and informatization of government information resources to provide basic support for efficient and accurate retrieval of government information and standardized handling of government information disclosure applications in accordance with the law.

4. The content is judged and determined whether to “give”

the government information held by the administrative agency that is applied for disclosure, and determines whether to disclose it in accordance with the law.

(1) Disclosure of circumstances.

1. If the disclosure information applied for has been voluntarily disclosed, in accordance with the provisions of Article 36, paragraph 1, of the Regulations, the administrative agency shall inform the applicant of the method and means of obtaining it; it may also provide the information to the convenience of the applicant at the request of the applicant.

2.If the information applied for for disclosure can be disclosed, in accordance with the provisions of Article 36, paragraph 2, of the Regulations, the administrative agency shall make a written decision to the applicant and provide the government information, including making factual acts of providing government information to the applicant; If it will be disclosed voluntarily in the near future, the applicant shall be informed of the ways, channels and time to obtain the government information.

If the disclosure of government information by an administrative agency involves other agencies, it shall consult and confirm with the relevant agencies to ensure that the government information disclosed by the administrative agency is accurate and consistent.

(2) The circumstances that it will not be disclosed.

1. State secret immunity. Government information determined as state secrets in accordance with the law will not be disclosed.

2. Category exemptions prohibited by laws and administrative regulations. Government information prohibited by laws and administrative regulations shall not be disclosed.

3. “Three security and one stability” exemptions. Government information that may endanger national security, public safety, economic security, and social stability after disclosure will not be disclosed.

When encountering applications that may involve national security, public security, economic security and social stability, consultation and consultation among relevant departments should be strengthened, and in accordance with relevant laws and regulations, a comprehensive analysis should be conducted on whether information should be disclosed and the possible impact after disclosure., study and put forward handling opinions, and retain relevant review materials, Risk Assessment Report and other evidence.

4. Exemption from the protection of the legitimate rights and interests of third parties. Government information involving trade secrets, personal privacy, etc. whose disclosure will cause damage to the legitimate rights and interests of third parties will not be disclosed.

If the third party agrees to disclose it, the administrative agency generally discloses it, or if the third party does not agree to disclose it, but the administrative agency believes that non-disclosure will have a significant impact on the public interest, it will disclose it.

5. Internal affairs information. Information on internal affairs of administrative agencies, including personnel management, logistics management, internal work processes, etc., may not be disclosed.

6. Procedural information. Procedural information such as discussion records, process drafts, consultation letters, and request reports formed by administrative agencies in the process of performing administrative functions may not be disclosed. If the provisions of laws, regulations and rules should be made public, their provisions shall follow.

7. Administrative law enforcement files. Administrative law enforcement file information may not be disclosed. If the provisions of laws, regulations and rules should be made public, their provisions shall follow.

8. Administrative inquiries. The information applied for disclosure belongs to industrial and commercial registration materials, real estate registration materials and other information. If relevant laws and administrative regulations have special provisions on the acquisition of information, the applicant shall be informed to handle it in accordance with the provisions of relevant laws and administrative regulations.

If the information applied for disclosure contains content that should not be disclosed, but can be differentiated, the administrative agency shall provide the applicant with the content of government information that can be disclosed, and explain the reasons for the content not to be disclosed.

(c) Failure to provide information.

1. This agency does not hold relevant government information. If the requested public information does not exist after retrieval, inform the applicant that the government information does not exist.If the information applied for disclosure falls within the scope of responsibilities of other administrative agencies and is not available to the agency, the applicant shall be informed and the reasons shall be explained; if the administrative agency responsible for disclosing the government information can be determined, the applicant shall be informed of the name and contact information of the administrative agency.

2. There is no ready-made information that needs to be produced separately. In addition to those that can be differentiated, if administrative agencies need to process and analyze existing government information, administrative agencies may not provide it, or may provide it depending on the difficulty of processing and analyzing.

3. The application content is still unclear after the correction. Administrative agencies may make factual judgments that cannot be provided.

(4) Circumstances that will not be handled.

1. Applications for appeals such as petitions, reports, and complaints. The administrative agency informs the applicant that it will not be processed as a government information disclosure application.

2. Duplicate application. If an applicant repeatedly applies to the same administrative agency for disclosure of the same government information, the applicant shall be informed that it will not be processed repeatedly.

3. Require public publications. If the application content submitted by the applicant requires the administrative agency to provide government bulletins, newspapers, books and other public publications, the administrative agency may inform the administrative agency of the access channels.

4. A large number of repeated applications without justifiable reasons. If the number and frequency of applicants applying for disclosure of government information clearly exceed the reasonable range, the administrative agency may require the applicant to explain the reasons. If the administrative agency considers that the reasons for the application are unreasonable, it shall inform the applicant not to process it.

5. Require the administrative agency to confirm or reissue the obtained information. If the applicant requests to confirm or re-issue the obtained government information, the administrative agency may not process it.If an applicant requests an administrative agency to correct inaccurate government information records related to it, it shall be dealt with in accordance with Article 41 of the Regulations.

5.

When applying for government information disclosure, the administrative agency must prepare a reply document in accordance with laws and regulations, provide government information in an appropriate form, and serve it to the applicant.

1. Applicable law. When an administrative agency makes a decision to deal with the disclosure of government information, in addition to making factual judgments and applying the provisions of Articles 38 and 39 of the Regulations, Article 36 of the Regulations and other relevant provisions shall be applied to deal with it. Pay attention to distinguishing between “articles”,”paragraphs” and “items”, and the quoted articles must be consistent with the decision to deal with the disclosure of government information.

2. Preparation of reply documents. A reply prepared by an administrative agency shall have the following elements: title, document number, name (name) of the applicant, facts of the application, legal basis, handling decision, right and time limit for the applicant to reconsider the lawsuit, subject of the reply, date of the reply and seal.

3. Form of government information provision. When an administrative agency discloses government information upon application, it shall determine the specific form of providing government information based on the applicant’s requirements and the actual situation of the administrative agency’s preservation of government information (including paper, electronic documents, etc., excluding the “seal” proposed by the applicant “” stamped on each page “and other forms), provide it in person, post or electronically to the applicant.

If providing government information in the form required by the applicant may endanger the security of the government information carrier or the disclosure cost is too high, it may be provided through electronic documents or other appropriate forms, or the applicant may be arranged to review and copy relevant government information.

Format of reply to government information disclosure application.doc