Explanation of the Office of Government Information and Government Affairs Disclosure of the General Office of the State Council on the handling of government information disclosure applications after institutional reform

General

Office of the People’s Government of Guangdong Province:

“Letter on Request to Clarify the Handling Methods of Relevant Matters for Disclosure in accordance with the Application”(Guangdong Ban Han [2019] No. 4) has been received. After studying and soliciting opinions from the Ministry of Justice, the State Archives Administration, the Supreme People’s Court and other units, we hereby reply to the following letter: In

accordance with relevant laws and regulations, if the powers and powers of an administrative agency change, the administrative agency responsible for exercising the relevant powers and powers shall bear corresponding responsibilities. According to the relevant provisions of the “Regulations of the People’s Republic of China on Government Information Disclosure”, applications for government information disclosure shall be handled on the basis of the principle of who receives it and handles it. Regarding the division of responsibilities for government information disclosure after the transfer of powers by administrative agencies, the following opinions are put forward:

First, if administrative agencies are involved in the transfer of powers, relevant government information should be transferred as soon as possible.

Second, if an 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.

Third, if an applicant applies to an administrative agency with delegated powers for disclosure of relevant government information, the transfer of authority to the administrative agency shall be handled in strict accordance with the law, and shall be well connected with the administrative agency with delegated powers, and shall not refuse on the grounds that relevant government information has not been transferred.

Fourth, relevant government information that has been transferred to the State Archives Administration in accordance with the law and becomes national archives will be managed in accordance with the Archives Law of the People’s Republic of China and relevant regulations.For relevant government information disclosure applications, the administrative agency may inform the applicant to handle them in accordance with the provisions of the Archives Law.

Fifth, if the powers and powers of an administrative agency are assigned to a party agency, if the party agency has an additional administrative agency sign, relevant information disclosure matters shall be handled in the name of the administrative agency in accordance with the foregoing provisions; if the party agency does not have an additional administrative agency sign, relevant information disclosure matters shall be handled in accordance with the “Regulations on the Disclosure of Party Affairs of the Communist Party of China (Trial)”.

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

February 2, 2019