Regulations of the People’s Republic of China on the Disclosure of Government Information

Order No. 711 of the State Council of the People’s Republic of China

hereby promulgates the revised “Regulations of the People’s Republic of China on the Disclosure of Government Information”, which will come into effect on May 15, 2019.

Premier Li Keqiang

‘s

“Regulations on the Disclosure of Government Information of the People’s Republic of China” of April 3,

2019 (promulgated by Order No. 492 of the State Council of the People’s Republic of China on April 5, 2007 and revised by Order No. 711 of the State Council of the People’s Republic of China on April 3, 2019) Chapter

1 General Provisions

Article 1 In order to ensure that citizens, legal persons and other organizations obtain government information in accordance with the law, improve the transparency of government work, build a government under the rule of law, and give full play to the service role of government information in people’s production, life and economic and social activities, these Regulations are formulated.

Article 2 The term “government information” as used in these Regulations refers to information produced or obtained by administrative agencies in the process of performing administrative functions, and recorded and preserved in a certain form.

Article 3 People’s governments at all levels shall strengthen organizational leadership over government information disclosure.

The General Office of the State Council is the competent department for government information disclosure across the country, and is responsible for promoting, guiding, coordinating and supervising government information disclosure across the country.

The general office (office) of the local people’s government at or above the county level is the competent department for government information disclosure in its administrative region, and is responsible for promoting, guiding, coordinating and supervising the government information disclosure in its administrative region.

The general office (office) of the department under vertical leadership is in charge of the government information disclosure work of the system.

Article 4 People’s governments at all levels and people’s government departments at or above the county level shall establish and improve the government information disclosure work system for their own administrative agencies, and designate institutions (hereinafter collectively referred to as government information disclosure work agencies) to be responsible for the daily work of government information disclosure of their own administrative agencies.

The specific functions of the government information disclosure agency are:

(1) handling the government information disclosure matters of the administrative agency;

(2) maintaining and updating the government information disclosed by the administrative agency;

(3) organizing the preparation of the government information disclosure guidelines for the administrative agency, government information disclosure catalog and annual report on government information disclosure work;

(4) organizing and conducting the review of government information to be disclosed;

(5) other functions related to government information disclosure stipulated by the administrative agency.

Article 5 When disclosing government information, administrative agencies shall adhere to the principle of openness as the norm and non-disclosure as the exception, and follow the principles of fairness, fairness, legality and convenience for the people.

Article 6 Administrative agencies shall disclose government information in a timely and accurate manner.

If an administrative agency discovers false or incomplete information that affects or may affect social stability or disrupt social and economic management order, it shall release accurate government information to clarify it.

Article 7 People’s governments at all levels shall actively promote the disclosure of government information and gradually increase the content of government information disclosure.

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 disclosure.

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.

Chapter 2 Subject and Scope of Disclosure

Article 10 Government information produced by administrative agencies shall be disclosed by the administrative agency that produced the government information. Government information obtained by administrative agencies from citizens, legal persons and other organizations shall be disclosed by the administrative agency that maintains the government information; government information of other administrative agencies obtained by administrative agencies shall be disclosed by the administrative agency that produced or originally obtained the government information. If laws and regulations provide otherwise on the authority to disclose government information, such provisions shall prevail.

If dispatched offices or internal agencies established by administrative agencies perform administrative functions in their own name in accordance with laws and regulations, the dispatched offices or internal agencies may be responsible for the disclosure of government information related to the administrative functions they perform.

Government information jointly produced by two or more administrative agencies shall be disclosed by the administrative agency leading the production.

Article 11 Administrative agencies shall establish and improve a coordination mechanism for government information disclosure. 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.

If an administrative agency needs approval for disclosing government information in accordance with laws, administrative regulations and relevant national regulations, it shall be disclosed upon approval.

Article 12 The government information disclosure guidelines and government information disclosure catalog compiled and published by administrative agencies shall be updated in a timely manner.

The guidelines for government information disclosure include the classification, organization system, and acquisition methods of government information, as well as the name, office address, office hours, contact telephone numbers, fax numbers, and Internet contact information of the government information disclosure organization.

The government information disclosure catalog includes the index, name, content summary, generation date and other contents of government information.

Article 13 In addition to the government information specified in Articles 14, 15 and 16 of these Regulations, government information shall be made public.

Administrative agencies disclose government information by proactively disclosing it or disclosing it upon application.

Article 14 Government information determined as state secrets in accordance with the law, government information prohibited from disclosure by laws and administrative regulations, and government information that may endanger national security, public security, economic security, and social stability after disclosure shall not be disclosed.

Article 15 Administrative agencies shall not disclose government information involving trade secrets, personal privacy, etc. whose disclosure may cause damage to the legitimate rights and interests of third parties. However, if a third party agrees to disclose it or the administrative agency believes that non-disclosure will have a significant impact on the public interest, it will be disclosed.

Article 16 Information on internal affairs of administrative agencies, including personnel management, logistics management, internal work processes, etc., may not be disclosed.

Procedural information such as discussion records, process drafts, consultation letters, request reports and administrative law enforcement file information formed by administrative agencies in the process of performing administrative functions may not be disclosed. If laws, regulations and rules stipulate that the above information should be disclosed, such provisions shall follow.

Article 17 Administrative agencies shall establish and improve a review mechanism for government information disclosure and clarify the review procedures and responsibilities.

Administrative agencies shall review the government information to be disclosed in accordance with the Law of the People’s Republic of China on the Preservation of State Secrets and other laws, regulations and relevant national regulations.

If the administrative agency cannot determine whether government information can be disclosed, it shall report to the relevant competent department or the confidentiality administrative department for determination in accordance with laws, regulations and relevant national regulations.

Article 18 Administrative agencies shall establish and improve a dynamic adjustment mechanism for government information management, conduct regular evaluation and review of government information that is not disclosed by the administrative agency, and disclose government information that can be disclosed due to changes in circumstances.

Chapter 3 Proactive Disclosure

Article 19 Administrative agencies shall proactively disclose government information that involves public interest adjustments, requires widespread public awareness, or requires public participation in decision-making.

Article 20 An administrative agency shall proactively disclose the following government information of the administrative agency in accordance with the provisions of Article 19 of these Regulations: (1) Administrative regulations, rules and normative documents;(2) Agency functions, institutional settings, office address, Office hours, contact information, name of the person in charge;(3) National economic and social development plans, special plans, regional plans and related policies;(4) Statistical information on national economic and social development;(5) The basis, conditions, procedures and processing results for handling administrative licensing and other external management service matters;(6) The basis, conditions, procedures for implementing administrative penalties and administrative compulsory services, and the administrative penalty decisions that the administrative agency considers to have certain social impact;(7) Financial budget and final accounts information;(8) Administrative fee items and their basis and standards;(9) Catalog, standards and implementation status of centralized government procurement projects;(10) Approval and implementation status of major construction projects;(11) Policies, measures and their implementation in poverty alleviation, education, medical care, social protection, employment promotion, etc.;(12) Emergency plans, early warning information and response situations for public emergencies;(13) Supervision and inspection of environmental protection, public health, production safety, food and drugs, and product quality;(14) Positions, quotas, application conditions and other matters for civil servants to be recruited, as well as employment results;(15) Laws, regulations, and other government information that should be disclosed voluntarily as stipulated by relevant national regulations.

Article 21 In addition to the government information stipulated in Article 20 of these Regulations, municipal and county-level people’s governments and their departments divided into districts shall also proactively disclose government information related to municipal construction, public services, public welfare undertakings, land expropriation, house expropriation, public security management, social assistance, etc. according to the specific conditions of the local area; Township (town) people’s governments should also actively and publicly implement agricultural and rural policies, construction and operation of farmland water conservancy projects, transfer of rural land contract management rights, review of homestead use, land expropriation, house expropriation, and financing based on local conditions. Government information on labor, social assistance, etc.

Article 22 Administrative agencies shall determine the specific content of government information voluntarily disclosed in accordance with the provisions of Articles 20 and 21 of these Regulations, and continuously increase the content of voluntary disclosure in accordance with the deployment of higher-level administrative agencies.

Article 23 Administrative agencies shall establish and improve government information release mechanisms, and disclose government information voluntarily disclosed through government bulletins, government websites or other Internet government media, press conferences, newspapers, radio, television and other channels.

Article 24 People’s governments at all levels shall strengthen the work of relying on government portal websites to disclose government information, and use a unified government information disclosure platform to centrally release actively disclosed government information. The government information disclosure platform should have functions such as information retrieval, review, and download.

Article 25 People’s governments at all levels shall set up government information consultation sites in the State Archives Administration, public libraries, and government service places, and equip them with corresponding facilities and equipment to facilitate citizens, legal persons and other organizations to obtain government information.

Administrative agencies may set up public consultation rooms, data request points, information bulletin boards, electronic information screens and other places and facilities as needed to disclose government information.

Administrative agencies shall promptly provide actively disclosed government information to the State Archives Administration and public libraries.

Article 26 Government information that falls within the scope of voluntary disclosure shall be disclosed in a timely manner within 20 working days from the date of formation or change of the government information. If laws and regulations stipulate otherwise the time limit for government information disclosure, such provisions shall prevail.

Chapter 4 Disclosure on Application

Article 27 In addition to government information disclosed on the initiative of administrative agencies, citizens, legal persons or other organizations may apply to local people’s governments at all levels and to people’s government departments at or above the county level that perform administrative functions in their own name (including dispatched offices and internal agencies as stipulated in paragraph 2 of Article 10 of these Regulations) for obtaining relevant government information.

Article 28 The administrative agencies specified in Article 27 of these Regulations shall establish and improve application channels for government information disclosure to provide convenience for applicants to apply for government information in accordance with the law.

Article 29 If a citizen, legal person or other organization applies for obtaining government information, it shall submit it to the government information disclosure agency of the administrative agency, and use it in written form including letters or data cables; if it is really difficult to use written form, the applicant may submit it orally, and the government information disclosure agency that accepts the application will fill out the government information disclosure application on its behalf.

The application for government information disclosure shall include the following contents:

(1) the name, identity certificate, and contact information of the applicant;

(2) the name, document number, or other characteristic description of the government information applied for disclosure that is convenient for the administrative agency to inquire;

(3) Form requirements for the government information applied for disclosure, including ways and means to obtain the information.

Article 30 If the content of the application for government information disclosure is unclear, the administrative agency shall provide guidance and explanation, and notify the applicant at one time within 7 working days from the date of receiving the application to make corrections, explaining the matters that need to be corrected and the reasonable correction period. The reply period shall be calculated from the date when the administrative agency receives the application for correction. 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 application for government information disclosure.

Article 31 The time when the administrative agency receives the application for government information disclosure shall be determined in accordance with the following provisions:

(1) If the applicant submits the application for government information disclosure face to face, the date of submission shall be the date of receipt of the application;

(2) If the applicant submits the application for government information disclosure by mail, the date of receipt of the application shall be the date of receipt by the administrative agency; if the application for government information disclosure is submitted by ordinary mail such as a letter that does not require signing, the government information disclosure agency shall confirm with the applicant on the day of receipt of the application, and the date of confirmation shall be the date of receipt of the application;

(3) If the applicant submits the application for government information disclosure through Internet channels or a fax from the government information disclosure work agency, the date of confirmation by both parties shall be the date of receipt of the application.

Article 32 If the disclosure of government information disclosed in accordance with an application will harm the legitimate rights and interests of a third party, the administrative agency shall solicit the opinions of the third party in writing. Third parties shall submit opinions within 15 working days from the date of receiving the request for opinions. If a third party fails to provide opinions within the time limit, the administrative agency shall decide whether to disclose them in accordance with the provisions of these Regulations. If a third party does not agree to disclosure and has reasonable reasons, the administrative agency shall not disclose it. If the administrative agency believes that non-disclosure may have a significant impact on the public interest, it may decide to disclose it and inform a third party in writing of the content and reasons for the decision to disclose the government information.

Article 33 If an administrative agency receives an application for government information disclosure and is able to respond on the spot, it shall respond on the spot.

If the administrative agency cannot reply on the spot, it shall reply within 20 working days from the date of receiving the application; if it is necessary to extend the reply period, it shall obtain the consent of the person in charge of the government information disclosure agency and inform the applicant, and the maximum extension period shall not exceed 20 working days.

The time required for an administrative agency to solicit opinions from third parties and other agencies shall not be counted within the time limit specified in the preceding paragraph.

Article 34 If the government information applied for disclosure is jointly produced by two or more administrative agencies, the administrative agency leading the production may solicit opinions from the relevant administrative agencies after receiving the application for disclosure of government information. The agency solicited for opinions shall submit opinions within 15 working days from the date of receipt of the request for opinions. Those who fail to submit opinions within the time limit shall be deemed to have agreed to be disclosed.

Article 35 If the number and frequency of applications by an applicant for disclosure of government information clearly exceed a 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; if the administrative agency considers that the reasons for the application are reasonable but cannot reply to the applicant within the time limit specified in Article 33 of these Regulations, it may determine a reasonable time limit for delaying the reply and inform the applicant.

Article 36 To the application for government information disclosure, the administrative agency shall respond separately based on the following circumstances: (1) If the information requested for disclosure has been voluntarily disclosed, inform the applicant of the ways and means to obtain the government information;(2) If the information requested for disclosure can be disclosed, provide the applicant with the government information, or inform the applicant of the ways, means and time to obtain the government information;(3) If the administrative agency decides not to disclose it in accordance with the provisions of these Regulations, it shall inform the applicant not to disclose it and explain the reasons;(4) If there is no information requested for disclosure after retrieval, it shall inform the applicant that the government information does not exist;(5) If the information requested for disclosure is not within the responsibility of the administrative agency, the applicant shall be notified and the reasons shall be explained; If the administrative agency responsible for disclosing the government information can be determined, inform the applicant of the name and contact information of the administrative agency;(6) If the administrative agency has responded to the applicant’s application for disclosure of government information and the applicant has repeatedly applied for disclosure of the same government information, inform the applicant not to repeat processing;(7) 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.

Article 37 If the information applied for disclosure contains content that should not be disclosed or does not belong to government information, 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.

Article 38 The information provided by an administrative agency to the applicant shall be government information that has been produced or obtained. Except for those that can be differentiated in accordance with the provisions of Article 37 of these Regulations, administrative agencies may refuse to provide existing government information if they need to process and analyze existing government information.

Article 39 If an 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.

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.

Article 40 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; providing government information in the form required by the applicant may endanger the government information carrier. If the security or disclosure costs are too high, it may be provided through electronic data or other appropriate forms, or the applicant may be arranged to review and copy relevant government information.

Article 41 If citizens, legal persons or other organizations have evidence to prove that the government information records related to themselves provided by administrative agencies are inaccurate, they may request the administrative agencies to correct them.If the administrative agency with the power to correct the case is verified and verified, it shall make the correction and inform the applicant; if it does not fall within the scope of its functions, the administrative agency may transfer it to the administrative agency with the power to correct the case and inform the applicant, or inform the applicant to submit it to the administrative agency with the power to correct the case.

Article 42 Administrative agencies provide government information upon application without charging fees. However, if the number and frequency of applicants ‘applications for disclosure of government information significantly exceed a reasonable range, the administrative agency may charge an information processing fee.

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

Article 43 If citizens applying for the disclosure of government information have reading difficulties or audio-visual difficulties, the administrative agency shall provide them with necessary assistance.

Article 44 If multiple applicants apply to the same administrative agency for disclosure of the same government information, and if the government information is open, the administrative agency may include it in the scope of proactive disclosure.

For government information disclosed by an administrative agency upon application, if the applicant believes that it involves public interest adjustments, requires widespread public awareness, or requires public participation in decision-making, he may suggest that the administrative agency include the information in the scope of proactive disclosure. If the administrative agency considers that it falls within the scope of proactive disclosure after review, it shall proactively disclose it in a timely manner.

Article 45 Administrative agencies shall establish and improve the working system for registration, review, processing, reply, and filing of government information disclosure applications, and strengthen work standards.

Chapter 5 Supervision and Guarantee

Article 46 People’s governments at all levels shall establish and improve the assessment system, social evaluation system and accountability system for government information disclosure, and regularly assess and comment on government information disclosure.

Article 47 The competent department of government information disclosure shall strengthen daily guidance, supervision and inspection of government information disclosure, and supervise and rectify or notify criticism if administrative agencies fail to carry out government information disclosure as required; if they need to be held accountable, leaders and directly responsible persons are held accountable, they shall make handling suggestions to the competent authorities in accordance with the law.

If citizens, legal persons or other organizations believe that administrative agencies fail to voluntarily disclose government information as required or fail to respond to the application for government information disclosure in accordance with the law, they may submit a complaint to the competent department for government information disclosure. If the competent department of government information disclosure verifies that it is true, it shall supervise and rectify it or notify a notice of criticism.

Article 48 The competent department for government information disclosure shall conduct regular training for government information disclosure staff of administrative agencies.

Article 49 The people’s government departments at or above the county level shall submit the annual report on the government information disclosure work of their administrative organs 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 competent department of government information disclosure of local people’s governments at or above the county level shall publish to the public the annual report on government information disclosure work at the corresponding level for the previous year before March 31 of each year.

Article 50 The annual report on government information disclosure work shall include the following contents:

(1) the situation of administrative agencies taking the initiative to disclose government information;

(2) the situation of administrative agencies receiving and processing applications for government information disclosure;

(3) The situation of being applied for administrative review and filing administrative litigation due to government information disclosure work;

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

(5) Other matters that need to be reported.

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

Article 51 If citizens, legal persons or other organizations believe that administrative agencies have infringed on their legitimate rights and interests in government information disclosure, they may complain or report to the higher-level administrative agency or the competent department in charge of government information disclosure, or they may apply for administrative review or file administrative litigation in accordance with the law.

Article 52 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 it to make corrections; if the circumstances are serious, the responsible leaders and directly responsible persons shall be punished in accordance with the law.

Article 53 If an administrative organ violates the provisions of these Regulations and commits any of the following circumstances, it shall be ordered by the administrative organ at the next higher level to make corrections; if the circumstances are serious, the responsible leaders and directly responsible persons shall be punished in accordance with the law; if the circumstances constitute a crime, criminal liability shall be investigated in accordance with the law: (1) Failure to perform the government information disclosure functions in accordance with the law;(2) Failure to update the disclosed government information content, government information disclosure guidelines and government information disclosure catalog in a timely manner;(3) Other circumstances that violate the provisions of these Regulations.

Chapter 6 Supplementary Provisions Article 54 These Regulations shall apply to the activities of organizations authorized by laws and regulations that have the function of managing public affairs to disclose government information.

Article 55 Public enterprises and institutions closely related to the interests of the people, such as education, health, water supply, power supply, gas supply, heat supply, environmental protection, and public transportation, shall disclose the information they produce and obtain in the process of providing social public services, and shall be implemented in accordance with relevant laws, regulations and the regulations of 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 and obtained in the process of providing social public services in accordance with relevant laws, regulations and the regulations of 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 it and inform the complainant of the handling results.

Article 56 These Regulations shall come into effect on May 15, 2019.