Notice of the Government Information and Government Affairs Disclosure Office of the General Office of the State Council on Matters Related to the Annual Report on Government Information Disclosure

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

on Matters Related to the Annual Report on Government Information Disclosure

Work State Office

Disclosure Letter [2019] No. 60

General Offices of the People’s Republic of China’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 directly affiliated agencies:

The revised Regulations of the People’s Republic of China on the Disclosure of Government Information (hereinafter referred to as the new Regulations) came into effect on May 15, 2019. The new regulations have more optimized the content of statutory proactive disclosure, more complete disclosure procedures based on application, and more rigid the responsibilities of administrative agencies. Correspondingly, new requirements have also been put forward for the annual report on government information disclosure work. Article 50 of the new regulations stipulates: “The national government information disclosure department shall publish a unified format for the annual report on government information disclosure work and update it in a timely manner.” In accordance with this requirement and authorization, the Office of Government Information and Government Affairs Disclosure of the General Office of the State Council studied and formulated the “Annual Report Format for Government Information Disclosure of the People’s Republic of China (Trial)” based on extensive solicitation of opinions. The relevant matters are hereby notified as follows:

1. Accelerate the deployment

of the annual report on government information disclosure. The number of administrative agencies involved in the annual report on government information disclosure is large and wide-ranging, and the statutory reporting time limit for each administrative agency is two months earlier than before. This year’s annual report on government information disclosure was released, with tight time and heavy tasks. All competent departments of government information disclosure work must promptly deploy to ensure that the provisions of the new regulations on the annual report on government information disclosure work are implemented.

2. Orderly connection This year is the first year for the promulgation and implementation of the new regulations, and related work has a process of connecting the old and the new.

Based on this objective reality, the 2019 annual report on government information disclosure is encouraged to be released in a unified format. If there are real difficulties, it can be released in accordance with the unified format. In order to reflect the orientation, the Government Information and Government Affairs Disclosure Office of the General Office of the State Council will use the release in a unified format as an incentive evaluation indicator in the annual evaluation work.

3. Strengthen guidance on the “Annual Report Format for Government Information Disclosure of the People’s Republic of China (Trial)” puts forward many new requirements for the annual report format for government information disclosure work, involving the compilation and collation of a large amount of data and is highly professional.

All government information disclosure departments must effectively strengthen work guidance, especially to lower-level government information disclosure departments, to ensure that various requirements are implemented in detail.

4. Summarize and improve the “Annual Report Format for Government Information Disclosure of the People’s Republic of China (Trial)” for the first time provides unified regulations on the annual report format for government information disclosure.

For the problems encountered during the specific implementation process, each government information disclosure department must carefully summarize, put forward opinions and suggestions, and promptly feed back to the Government Information and Government Affairs Disclosure Office of the General Office of the State Council for updates and improvements.

This is hereby notified.

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

, November 23, 2019

,

Annual Report Format on

Government Information Disclosure Work of the People’s Republic of China (Trial) Annual Report on Government Information Disclosure Work. It is the statutory supervision and guarantee system established by the Regulations of the People’s Republic of China on Government Information Disclosure. It is the basic method to comprehensively reflect the situation of government information disclosure. It is the basis for strengthening government information management, clarifying the base of government information, and recording and displaying the government’s governance process and results from the perspective of government information. It is important for improving government information disclosure and strengthening the government’s own construction. It is of great significance to promote the modernization of the national governance system and governance capabilities. In order to effectively carry out the annual report on government information disclosure work and better play the important role of the annual report on government information disclosure work, in accordance with the requirements and authorization of Article 50 of the Regulations of the People’s Republic of China on the Disclosure of Government Information, and in conjunction with the actual work, the “Annual Report Format for Government Information Disclosure Work of the People’s Republic of China (Trial)” is formulated and updated in a timely manner according to changes in circumstances.

1. Report Contents

The content of the annual report on government information disclosure 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 mainly reports on the overall situation of the agency’s government information disclosure work in the previous year, focusing on the main theme and summarizing the agency’s implementation of the “Regulations of the People’s Republic of China on Government Information Disclosure,” mainly including proactive disclosure, disclosure on application, government information management, platform construction, 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.

(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 for presentation in the form of data and has statistical summary value includes a total of five items (1)(5)(6)(8)(9). The disclosure of other statutory proactive disclosure content is comprehensively reflected in the “Overall Situation” section.

It is necessary to highlight key points, focus on using data to reflect the situation, and report on the proactive disclosure of government information that is of greater concern to the people and has a greater impact on society. On this basis, we will further reflect the development of important work such as the preparation and issuance of documents and administrative law enforcement activities by this agency, and better play the functions of the government information disclosure system.

(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.

It should be noted that when administrative agencies handle government information disclosure applications, they have set up “other processing” items, mainly considering the connection between the implementation of old and new regulations and very few special circumstances. In principle, all applications for government information disclosure should be handled in accordance with the statutory processing method. All government information disclosure departments should pay close attention to the data of this project. For administrative agencies with a high number of “other treatments”, they should understand the situation and promptly discover and solve relevant problems.

(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 in the previous year.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 the annual report on government information disclosure work.

The template of the annual report format of the government information disclosure work of each administrative organ 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 on the work of government information disclosure of the previous year compiled by the competent department of government information disclosure shall be handled with reference to this format template. For units with administrative organs attached to the Party’s working organs, the contents of the annual report on government information disclosure shall be determined in accordance with the relevant regulations issued by the competent department of government information disclosure nationwide (Guo Ban Gong 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 the annual report on government information disclosure work for the previous year to the competent department of government information disclosure at the corresponding level before January 31 of each year and publish it 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 on the government information disclosure work of their own 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 to the department in charge of government information disclosure in the system step by step, and does not report to the department in charge of government information disclosure in the local government. However, the general office (office) of the department that implements vertical leadership must separately report to the national government. The department in charge of information disclosure submits the annual report on the government information disclosure work of its own agency.

The competent department of government information disclosure of local people’s governments at or above the county level shall centrally publish the annual report on government information disclosure work of their administrative agencies 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 inspection, On the other hand, in this way, the scope of administrative agencies within their administrative region that apply the Regulations of the People’s Republic of China on Government Information Disclosure is clarified.On the basis of centralized publication, each administrative agency may publish its annual report on government information disclosure work to the public through its own website or other appropriate means.

For systems that implement vertical leadership, the annual reports on government information disclosure work of administrative agencies at all levels of the system should also be publicly announced to the public in an appropriate manner. The specific method should be determined by the competent department of government information disclosure work of the system. On the basis of centralized publication, administrative agencies at all levels of the system may publish their annual reports on government information disclosure to the public through websites or other appropriate means.

(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 to the public before March 31 of each year the annual report on government information disclosure work at the same level for the previous year.

The annual report on government information disclosure work for the previous year by the government at the same level shall be summarized level by level. The government information disclosure department of the county-level government shall summarize the annual report on the government information disclosure work of its subordinate departments and township governments, submit it to the higher-level government information disclosure department before February 20 and announce it to the public. The government information disclosure department of prefecture-level governments shall summarize the annual reports on the information disclosure work of their 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 provincial government information disclosure department shall summarize the annual reports on the information disclosure work 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 on government information disclosure work, 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 on government information disclosure 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 on government information disclosure, 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 the modernization of the national governance system and governance capabilities. It is necessary to further deepen our understanding of the important role of the annual report on government information disclosure, effectively improve the initiative and consciousness of work, and continuously improve the effectiveness of the annual report on government information disclosure.

(2) Strengthen leadership. The content of the annual report on government information disclosure covers many aspects of the daily work of administrative agencies. It is a systematic review and comprehensive report on 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 departments in charge of government information disclosure work must strengthen guidance and include the compilation and compilation of annual reports on government information disclosure work into business training content. 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 content of the annual report on government information disclosure 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 the annual report on government information disclosure work are “uniformly obtained and reported. Accurate and verifiable” to better play the supervisory and normative role of government information disclosure on 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 on government information disclosure. The government information disclosure agencies of all agencies are the legally responsible entities and must perform their duties with due diligence and compile annual reports on government information disclosure work 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.

Attachment:

Format template for annual report on government information disclosure work 1

. Overall situation

(text description)

2. Active disclosure of government information