Explanation of the Government Information and Government Disclosure Office of the General Office of the State Council on the issue of receiving channels for government information disclosure applications

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

on the issue of receiving channels for government information disclosure applications by the State

Council Disclosure Letter [2017] No. 19

General Office of the Ministry of Water Resources:

“Letter on Discussing and Clarifying Relevant Issues Concerning the Acceptance Channels for Information Disclosure Applications”(Ban Comprehensive Letter [2017] No. 559) received. After research and soliciting opinions from the Legislative Affairs Office of the State Council, the Supreme People’s Court and other units, the reply is as follows:

The Regulations of the People’s Republic of China on the Disclosure of Government Information stipulate that applicants should apply in writing (including in the form of data messages) to obtain government information, or submit it orally and have the administrative agency fill in the application for government information disclosure on its behalf. However, there are no specific provisions on what channels and how the administrative agency receives the applicant’s application. In order to further standardize the acceptance of government information disclosure applications by administrative agencies, on the basis of fully referring to the legal provisions and practical practices in related fields such as the acceptance of administrative licensing applications and administrative review applications, issues related to the reception channels of government information disclosure applications are now clarified as follows:

1.” Face-to-face submission” and” postal delivery” are the basic channels for government information disclosure applications. Administrative agencies may not refuse to accept government information disclosure applications submitted by applicants through these two basic channels for any reason.

2. In order to further facilitate applicants and improve work efficiency, administrative agencies are encouraged to open diversified application receiving channels such as fax, online application, and e-mail based on their own actual conditions.The administrative agency shall specifically explain and announce to the public the application receiving channels and specific use precautions opened by the unit in the government information disclosure guide, and assume corresponding legal obligations for the application receiving channels that have been specifically explained and announced. If the administrative agency fails to make specific explanations and announcements in accordance with the above requirements, it shall fully respect the applicant’s choice.

3. Administrative agencies shall strengthen the standardized management of channels for receiving government information disclosure applications, establish and improve internal management systems, improve application processing procedures, prevent omissions, delays, poor internal connections and other problems from damaging the legitimate rights and interests of applicants, and minimize unnecessary administrative disputes.

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

July 5, 2017