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What are the interim measures for the Zhejiang Provincial Government Information Disclosure Regulations?
Article 1 of the Interim Measures for the Regulations on the Disclosure of Government Information of Zhejiang Province is 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 actual situation of the province. , formulate these measures. 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, justice, authenticity, accuracy, timeliness and convenience, and effectively ensure that citizens, legal persons and other organizations 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: Administrative agencies shall designate an agency (hereinafter referred to as the government information disclosure agency) to be responsible for the agency's government information disclosure work, allocate 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 government information disclosure awareness and service capabilities. 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, service procedures, etc. of this administrative agency; (4) Other matters that should be proactively disclosed in accordance with laws, regulations and relevant national regulations. 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 relevant parties, adopt appropriate methods to proactively disclose information on administrative law 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 proactive 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; and 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 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 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. The interim measures for the Zhejiang Provincial Government Information Disclosure Regulations are actually formulated based on the country’s latest Interim Measures for Government Information Disclosure. Disclosed government information must be strictly implemented in accordance with this approach. If there is an application to disclose government information, then corresponding measures need to be taken to deal with government secrets and confidentiality measures.
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