Explanation of the Office of Government Information and Government Affairs Disclosure of the General Office of the State Council on the delivery of decisions on handling government information disclosure

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

Delivery of Decision on Handling Government Information

Disclosure by the State Council Disclosure Letter [2016] No. 235

General Office of the Ministry of Agriculture:

“Letter on the Possibility of Using Pay-on-Delivery Method to Serve Government Information Disclosure Replies”(Agricultural Ban Summary Letter [2016] No. 233) received. After studying and soliciting opinions from the Legislative Affairs Office of the State Council, the Supreme People’s Court and the National Postal Administration, the reply is as follows:

1. The decision made by the administrative agency to handle information disclosure is a formal national official document and should be served to the applicant in an authoritative and standardized manner in accordance with the law. Referring to relevant laws and regulations, the methods of service include direct service, entrusted service by other administrative agencies and mail service.

2. If delivery is carried out by postal service, according to the provisions of Article 55 of the Postal Law of the People’s Republic of China and the actual practice of my country’s national official document delivery by postal service, it shall be delivered through postal enterprises and shall not be delivered through other express delivery companies that do not have the qualifications for national official document delivery.

3. If the service is delivered by mail, the administrative agency may charge the mailing cost in accordance with the “Regulations of the People’s Republic of China on the Disclosure of Government Information” and relevant regulations, but may not collect the mailing fee by requiring the applicant to pay the postal enterprise.

4. If the service is carried out directly or entrusted by other administrative agencies to serve on its behalf, the time limit shall be calculated on the day when the applicant and his legal representative sign for it. If delivery is carried out by mail, the time limit shall be calculated based on the day of delivery of the mail.

5. If this reply has been sent through other express delivery companies before this reply is made, the time limit shall be calculated based on the date of delivery.

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

December 7, 2016