What is the content of the Zhejiang Provincial Government Information Disclosure Measures?

The Zhejiang Provincial Government Information Disclosure Measures, Chapter 1, General Provisions, Article 1, are based on the "Regulations on the Disclosure of Government Information of the People's Republic of China" (hereinafter referred to as the "Regulations") and relevant laws and regulations, combined with the provisions of Based on the actual conditions of this province, these measures are formulated. Article 2 These Measures shall apply to the government information disclosure activities of the people's governments at all levels and the working departments of the people's governments at or above the county level (hereinafter collectively referred to as administrative agencies) within the administrative region of this province. The term "government information" as mentioned in these Measures refers to information produced or obtained by administrative agencies in the course of performing their duties and recorded and preserved in a certain form. Article 3 Government information disclosure shall follow the principles of fairness, truthfulness, accuracy, timeliness and convenience, and effectively guarantee citizens, legal persons and other organizations to obtain government information in accordance with the law. When administrative agencies disclose government information, they must not endanger national security, public security, economic security, and social stability; they must not disclose information involving state secrets, commercial secrets, or personal privacy, unless the rights holder agrees to the disclosure or the administrative agency believes that non-disclosure may cause harm to the public. Government information involving business secrets and personal privacy that has a significant impact on public interests is excluded. Article 4 People's governments at all levels shall strengthen leadership over government information disclosure work, establish and improve government information disclosure work systems, organize and formulate implementation plans for government information disclosure work, ensure the funds required for government information disclosure work, and promote government information disclosure work. Article 5 The general office (office) of the people's government at or above the county level or other competent departments for government information disclosure determined by the people's government at or above the county level (hereinafter collectively referred to as the competent departments for government information disclosure) are responsible for promoting, guiding, coordinating, and supervising this administrative region government information disclosure work. The confidentiality administrative departments of the people's governments at or above the county level are responsible for guiding and supervising the government information disclosure and confidentiality review work in their respective administrative regions. Article 6 Administrative agencies are responsible for disclosing government information produced by them or government information retained by them obtained from citizens, legal persons and other organizations. Government information produced by other administrative agencies retained by administrative agencies and used as the basis for their administrative management shall be disclosed in accordance with the law upon the application of citizens, legal persons and other organizations within the scope of their control. If an administrative agency is divided, merged, abolished or its functions are adjusted, the administrative agency that continues to exercise its powers shall be responsible for its government information disclosure work. If laws and regulations have other provisions on the government information disclosure authority of administrative agencies, such provisions shall prevail. Article 7 The administrative agency shall designate an agency (hereinafter referred to as the government information disclosure agency) to be responsible for the agency's government information disclosure work, assign staff appropriate to the job responsibilities, and perform various duties stipulated in Article 4 of the Regulations. Article 8 The departments in charge of government information disclosure and other relevant departments shall strengthen the training and education of government information disclosure for administrative agency staff, and improve the staff’s awareness and service capabilities of government information disclosure. The departments in charge of government information disclosure and other relevant departments should strengthen the publicity of government information disclosure and create a good government information disclosure environment and atmosphere. Chapter 2 Active Disclosure Article 9 Administrative agencies shall proactively disclose government information that meets one of the following basic requirements: (1) involving the vital interests of citizens, legal persons or other organizations; (2) requiring widespread public knowledge or participation; (3) Reflecting the organizational structure, functions, procedures, etc. of this administrative agency; (4) Other matters that should be disclosed proactively in accordance with laws, regulations and relevant national provisions. Article 10 Administrative agencies shall determine the specific content of proactively disclosed government information within the scope of their responsibilities in accordance with Articles 10, 11, and 12 of the Regulations and the relevant provisions of these Measures. Administrative agencies may, on the premise of protecting the legitimate rights and interests of the parties concerned, adopt appropriate methods to proactively disclose information on administrative enforcement results such as administrative penalties and administrative enforcement according to the needs of administrative management. Article 11 Administrative agencies shall disclose government information that is proactively disclosed through government portals, government gazettes (including electronic versions, the same below), press conferences, newspapers, radio, television and other means that are convenient for the public to know. Administrative agencies are encouraged to actively expand channels for active disclosure of government information, and use mobile phone text messages, voice consultations and other methods to disclose government information to the public.

Township (town) people's governments may, as necessary, disclose government information to the public by setting up information disclosure windows and information bulletin boards in offices and community service venues, or through village affairs disclosure boards, broadcasts, and convening meetings. Article 12 People's governments at or above the county level shall use government portals and government gazettes as the unified platform for government information release for the people's governments at the same level. Government information proactively disclosed by administrative agencies shall be disclosed on the government portal website at the same level or on the agency website. Administrative agencies should update online information in a timely manner and provide information retrieval, download and other service functions. Government gazettes should be distributed free of charge to state agencies, national archives, public libraries, administrative service centers, community service venues and residents (village) committees, etc. Article 13 Administrative agencies shall strictly implement the news release system stipulated by the state and the province, designate spokespersons, and promptly release major natural disasters, accidents, disasters, and public affairs through press conferences or newspapers, radio, television, Internet, etc. *Health events, social security events and other important government information that the public needs to know quickly. Article 14 People's governments at all levels shall set up public access places for government information in national archives and public libraries, and be equipped with corresponding facilities and equipment to facilitate citizens, legal persons or other organizations in obtaining government information. . Administrative agencies may set up public access rooms, information retrieval points, information bulletin boards, electronic information screens, etc. in offices, administrative service centers, and community service places to disclose government information. National archives, public libraries and other government information access places and other government information access places should establish and improve government information access service working systems, standardize the service behavior of staff, and improve the quality of government information access services. Article 15 For government information that falls within the scope of voluntary disclosure, the administrative agency shall disclose it within 20 working days from the date the government information is formed or changed. If laws and regulations otherwise stipulate the time limit for government information disclosure, such provisions shall prevail. Article 16 Administrative agencies shall release government information such as food safety, agricultural product quality and safety status, major infectious disease epidemics, major animal and plant epidemics, important geographical information data, statistical information, earthquake forecasts, etc., in strict accordance with the authority prescribed by laws, regulations and the state. , program execution. Chapter 3 Disclosure upon Application Article 17 Citizens, legal persons and other organizations have the right to apply to administrative agencies for obtaining relevant government information in accordance with the provisions of the Regulations and these Measures. Administrative agencies should strengthen the work of disclosing government information upon application, unblock application channels, carefully respond to relevant applications, and improve work efficiency and service quality. Article 18 Citizens, legal persons and other organizations that apply to obtain government information may go to the offices of administrative agencies or government information disclosure application acceptance points such as national archives and administrative service centers designated by administrative agencies and submit written applications on the spot; they may also submit applications by letter. Submit a written application through , fax, Internet and other methods and channels. If it is really difficult to apply in writing, the applicant can submit the application orally on the spot, and the administrative agency that accepts the application will fill in the application form on his or her behalf, and the applicant will sign or seal the application after verification. Administrative agencies should provide and publish the text of the government information disclosure application format so that applicants can obtain it free of charge. Article 19 Applicants shall truthfully fill in their names and contact information; the content description and form requirements of the government information applied for disclosure shall be clear and specific. If an applicant entrusts another person to apply for the disclosure of government information related to him or her, he or she shall submit the valid certificates of the applicant and the entrusted person as well as a power of attorney to the administrative agency. The power of attorney shall specify the entrusted matters, authority and time limit, and shall be signed or sealed by the applicant. Article 20 For government information applied for disclosure, the administrative agency shall make a written reply in accordance with the following provisions: (1) If it is within the scope of disclosure, the applicant shall be informed of the methods and channels for obtaining the government information; specific details shall be provided in the reply. content, they should be provided at the same time. (2) If it falls within the scope of non-disclosure, the applicant shall be notified and the reasons shall be explained.

(3) Documents and materials such as requests for instructions, reports, approvals, meeting minutes, copy sheets, etc. that are written between administrative agencies and within administrative agencies, and are not used as the basis for administrative management, may not be disclosed, but the applicant must be informed and explained Reasons; if used as a basis for administrative management, they shall be made public and responded to in accordance with item (1) of this article. (4) Government information that is under investigation, discussion, and processing may not be disclosed, but the applicant must be notified and the reasons stated. (5) If it does not fall within the scope of voluntary disclosure and has nothing to do with the applicant's special needs such as production, life, scientific research, etc., it may not be disclosed, but the applicant shall be informed and the reasons shall be explained. (6) If the agency is not responsible for disclosure or the government information does not exist, the applicant shall be informed; if the administrative agency responsible for disclosing the government information can be determined, the applicant shall be informed of the name and contact information of the administrative agency. (7) If it contains content that should not be disclosed, but can be treated differently, the applicant should be informed of the partial disclosure and the methods and channels for obtaining the disclosed part; for the parts that are not to be disclosed, the reasons should be explained. (8) If the application content is unclear or the application does not meet the prescribed requirements, the applicant shall be informed of the content that needs to be supplemented and corrected at once. (9) If the same applicant repeatedly submits applications for government information disclosure to the same administrative agency regarding the same content, and the administrative agency has already responded, the applicant may be informed not to process the application again. Article 21 If the government information applied for disclosure is jointly produced by two or more administrative agencies, it shall be provided by the administrative agency that accepts the application. When applying for government information disclosure and requiring administrative agencies to provide newspapers, periodicals, books and other public publications, or to provide case file materials that should be consulted in accordance with relevant laws and regulations, or to provide services for the production, collection, analysis, and processing of government information, the administrative agency shall Notify the applicant in writing that it will not be provided. When submitting a petition to an administrative agency in the name of applying for government information disclosure, the administrative agency shall notify the applicant in writing to submit the petition through the corresponding legal channels. Article 22 If the administrative agency receives an application for government information disclosure and is able to respond on the spot, it shall respond on the spot; if it is unable to respond on the spot, it shall respond within 15 working days from the date of receipt of the application. If the administrative agency needs to extend the response period, it shall obtain the consent of the person in charge of the government information disclosure agency and notify the applicant in writing. The maximum period for extending the response shall not exceed 15 working days. If the government information applied for disclosure involves state secrets, commercial secrets and personal privacy, and needs to be subject to confidentiality review or solicit third-party opinions in accordance with regulations, and may exceed the prescribed response period, the administrative agency shall notify the applicant in writing. For government information to be disclosed, if the administrative agency cannot provide it at the same time when responding, it shall determine and inform the applicant of the time limit for providing it. Article 23 If the administrative agency provides government information upon application, it shall provide it in the form requested by the applicant; if it cannot provide it in the form requested by the applicant, it may arrange for the applicant to review relevant information, provide copies, excerpts or other Provided in appropriate form. If laws, regulations, and rules provide otherwise, such provisions shall prevail. If citizens who apply for disclosure of government information have reading difficulties or audio-visual impairments, administrative agencies should provide them with necessary assistance. Article 24 Administrative agencies that provide government information upon application may not charge any other fees except for retrieval, copying, mailing and other costs, and may not require applicants to obtain government information for a fee through other organizations or individuals. If a citizen who applies for the disclosure of government information does have financial difficulties, the relevant fees may be reduced or exempted upon review and approval by the person in charge of the application and the person in charge of the government information disclosure agency that accepts the application. The standards for administrative agencies to charge costs for retrieval, copying, mailing, etc., as well as related fee reduction and exemption methods, shall be formulated by the provincial price and finance departments in accordance with relevant national regulations. Article 25 If citizens, legal persons or other organizations have evidence proving that the government information records related to them provided by an administrative agency are inaccurate, they have the right to request the administrative agency to make corrections.

After receiving a request for correction of government information records, the administrative agency shall conduct verification and handle it in accordance with the following provisions; if laws, regulations, and rules provide otherwise, such provisions shall prevail: (1) If the administrative agency has the right to make corrections and can make corrections on the spot, it shall be done on the spot. Correct relevant government information records; if the correction cannot be made on the spot, the correction shall be made within 7 working days from the date of receipt of the correction request; if the government information record is believed to be accurate, the applicant shall be informed in writing that no correction will be made and the reasons shall be explained. (2) If the applicant does not have the right to make corrections, it shall be transferred to the administrative agency that has the right to make corrections within 5 working days from the date of receipt of the request for correction, and the applicant shall be informed in writing of the reasons. Chapter 4 Management and Supervision Article 26 Administrative agencies shall, in accordance with the provisions of Article 19 of the Regulations, prepare and publish their own government information disclosure guides and catalogs, and revise and improve them in a timely manner. Government information disclosure guidelines and catalogs should be scientific, reasonable, and easy to consult. The competent departments for government information disclosure should strengthen the guidance and supervision of the preparation and publication of government information disclosure guidelines and catalogs. Article 27 People's governments at or above the county level shall make full use of existing government information network resources, promote the construction of government information disclosure information platforms in their respective administrative regions, integrate and optimize functions such as information release, application processing, and information inquiry, and achieve cooperation with superiors. The interconnection of government information disclosure systems of the people's government, affiliated departments, and lower-level people's governments improves the quality and efficiency of government information disclosure work. Article 28 Before administrative agencies disclose government information, they should conduct confidentiality reviews in accordance with relevant national and provincial regulations; when drafting official documents, they should clarify whether the official documents are public. If it is uncertain whether government information can be disclosed, it shall be reported to the relevant competent department or the confidentiality administrative department at the same level for determination in accordance with the law; if it cannot be determined whether it will endanger social stability, a social stability risk assessment shall be conducted in accordance with relevant national and provincial regulations. The main content of government information requires public knowledge or participation, but if part of the content involves state secrets, the confidential content must be decrypted or deleted through legal procedures. If government information involves commercial secrets or personal privacy, and if the disclosure may damage the legitimate rights and interests of the right holder, the right holder's opinions must be sought in writing; if the right holder does not agree to the disclosure, it shall not be disclosed; if the right holder fails to respond within the time limit specified by the administrative agency, deemed not to agree to disclosure. If the administrative agency believes that non-disclosure may have a significant impact on the interests of the public and decides to disclose it, it shall notify the right holder in writing of the content and reasons for the decision to disclose. Article 29 If an administrative agency releases government information that involves other administrative agencies, it shall communicate and confirm with the relevant administrative agency, and release it only after reaching a consensus; if it cannot reach a consensus, it shall report to the administrative agency at the next higher level that agrees. coordinate solution. If administrative agencies discover false or incomplete information that affects or may affect social stability or disrupt social management order, they shall promptly release accurate government information to clarify it within the scope of their duties. If an administrative agency releases government information that requires approval in accordance with relevant national regulations, it must be submitted to the competent authority for approval. Article 30 If the government information produced or preserved by administrative agencies has been transferred to the national archives and archives work institutions, its disclosure shall be carried out in accordance with the laws, regulations and relevant national provisions on archives management; if it has not been transferred, its disclosure shall be carried out in accordance with the "Regulations" and The relevant provisions of these Measures shall be implemented. Article 31 Administrative agencies shall publish their agency’s annual report on government information disclosure through government portals, agency websites or news media before March 31 of each year. The contents of the annual report on government information disclosure shall be implemented in accordance with the provisions of the Regulations. Article 32 People's governments at or above the county level shall conduct annual assessments on the government information disclosure work of their subordinate departments and people's governments at the next level. The competent departments for government information disclosure and supervisory agencies shall supervise and inspect the government information disclosure work of administrative agencies in accordance with their duties. The department in charge of government information disclosure shall organize or entrust statistics and other relevant departments and institutions to regularly conduct social reviews on the government information disclosure work in their respective administrative regions, and publish the social reviews.

Article 33 If citizens, legal persons or other organizations believe that an administrative agency fails to perform its government information disclosure obligations in accordance with the law, they may report and complain to the higher administrative agency, supervisory agency or government information disclosure authority; the administrative agency that receives the report and complaint It should be investigated and dealt with in accordance with relevant national and provincial regulations. If citizens, legal persons or other organizations believe that specific administrative actions in the government information disclosure work infringe upon their legitimate rights and interests, they may apply for administrative reconsideration or initiate administrative litigation in accordance with the law. Article 34: If an administrative agency fails to establish and improve a confidentiality review mechanism for the release of government information, the supervisory agency or the administrative agency at the next higher level shall order corrections according to the management authority; if the case is serious, the main person in charge of the administrative agency shall be punished in accordance with the law. If an administrative agency has any of the following circumstances, the supervisory agency or the administrative agency at the next higher level shall order corrections according to the administrative authority; if the circumstances are serious, the directly responsible person in charge of the administrative agency and other directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, the administrative agency shall be punished in accordance with the law. Pursuing criminal liability: (1) Failure to perform government information disclosure obligations in accordance with the law; (2) Failure to promptly update the public government information content, government information disclosure guides and catalogs; (3) Violation of regulations to collect fees; (4) Violation of other regulations Organizations and individuals provide government information in the form of paid services; (5) Disclose government information that should not be disclosed; (6) Other behaviors that violate the Regulations and these Measures. Chapter 5 Supplementary Provisions Article 35 These Measures shall apply to the activities of disclosing government information by organizations authorized by laws and regulations to manage public affairs. Article 36 Education, medical and health, family planning, culture, radio, film and television, water supply, power supply, gas supply, heating, environmental protection, public transportation and other public institutions closely related to the interests of the people The disclosure of information produced and obtained by units in the process of providing social public services shall be implemented with reference to these measures. The relevant administrative departments shall strengthen the guidance and supervision of the information disclosure work of the public enterprises and institutions under their jurisdiction or management. Article 37 These Measures shall come into effect on August 1, 2012. To sum up, the degree of government information disclosure and transparency is related to local people's satisfaction with government work. Government information disclosure is timely and effective and can eliminate unnecessary misunderstandings. In the Zhejiang Provincial Government Information Disclosure Measures, explicit provisions are made on voluntary disclosure, disclosure upon request, the scope of government information disclosure, and legal responsibilities. If the government fails to disclose relevant information, people can apply on their own.