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Measures of Hunan Province on Implementing the Regulations of the People’s Republic of China on Open Government Information

Decree of the Hunan Provincial People's Government
No. 245

 

Measures of Hunan Province on Implementing the Regulations of the People's Republic of China on Open Government Information were adopted at the 40th executive meeting of the Hunan Provincial People's Government on October 27, 2009, and are hereby promulgated. They shall be effective as of January 1, 2010.

 

Governor Zhou Qiang
November 16, 2009


Chapter 1 General Principles
Chapter 2 The Scope of Disclosure
Chapter 3 Methods of Disclosure
Chapter 4 Procedures for Disclosure
Chapter 5 Supervision and Safeguards
Chapter 6 Supplementary Regulations

 

Article 1 These Measures are hereby formulated in accordance with the Regulations of the People's Republic of China on Open Government Information (hereinafter referred to as the Regulations) and in accordance with the actual circumstances of the province.

 

Article 2 People's governments at all levels should strengthen the organization and leadership of open government information work. The general offices of local people's governments at the county level and above shall be responsible for promoting, guiding, coordinating and supervising open government information work within their respective administrative areas.
The departments of the people's government at the county level and above shall carry out open government information work under the overall guidance, coordination and supervision of the general offices of local people's governments; those departments under  the hierarchical structure shall carry out an open government information work under the leadership of higher authorities and the overall guidance and coordination of local people's governments; those departments under dual leadership shall carry out open government information work under the leadership of local people's governments and in accordance with the guidelines provided by the higher authorities.
People's governments at all levels and the departments of the people's governments at the county level and above should designate an office (hereafter referred to as the "office for open government information work") to be responsible for the daily work of open government information for their respective administrative agencies, and evaluate the open government information work of the designated office together with other operations.

 

Article 3 When releasing government information that involves other administrative agencies, an administrative agency should communicate and confirm with the administrative agencies concerned to ensure the government information released is accurate and consistent. In case the other party is unreachable, the concerning administrative agency shall report to the general office of the local people's government for coordination and resolution.

 

Article 4 When disclosing government information, administrative agencies should observe the principles of justice, fairness, and convenience to the people.
Administrative agencies should disclose government information promptly and accurately. For false and incomplete government information being circulated, the administrative agencies concerned should promptly clarify it by press conference or media, and report it to local people's governments or higher authorities when necessary.

 

Article 5 Disclosure of such government information as quality and safety of agricultural products, severe infectious diseases, grave animal epidemics, major geographic information data, and statistical information shall abide by laws, administrative regulations and other state provisions concerned.

 

Article 6 Administrative agencies, in accordance with their functions and provisions of the regulations, shall define the scope of open government information, and formulate, disclose and update catalogues and guides of open government information in a timely manner.
Catalogues and guides of open government information shall be compiled in a scientific manner to facilitate reading.
Higher administrative agencies shall strengthen guidance and supervise vigorously on the compilation of catalogues and guides of open government information of lower administrative agencies.

 

Article 7 Administrative agencies shall decide whether that government information shall be disclosed along with its categories when they make or store government information. If a reasonable number of requesters filed requests for government information to be disclosed and administrative agencies believe that it can be transformed into imitative disclosure, then government information may be released on administrative agencies' own initiative. If the requested information involves commercial rights and individual privacy, the administrative agencies shall seek the opinion of the right holder in accordance with laws.

 

Article 8 When administrative agencies make a specific administrative act, they shall disclose the following information to the party concerned or the interested party:
1. Facts, evidence, basis, and reasons for the specific administrative act;
2. Decision for the specific administrative act;
3. Remedies for disobedience of the specific administrative act;
4. Other information related to the party concerned or the interested party.

 

Article 9 When administrative agencies make or store government information, they shall examine if that government information to be disclosed is related to state secrets or endangers state security, public security, economic security, and social stability in accordance with relevant provisions of the Law of the People's Republic of China on Safeguarding State Secrets and other laws and regulations. When an administrative agency is unable to determine if certain government information is related to state secrets or endangers state security, public security, economic security, and social stability, it should submit the matter for determination to relevant departments in charge or departments for safeguarding secrecy at the same level as the administrative agency. These departments shall make a determination within ten working days after receiving the request of the administrative agency.
Government information that has been examined to be state secrets or endanger state security, public security, economic security, and social stability after disclosure shall not be released. Government information whose main content needs to be known to the public or invites their participation may be disclosed after its some content that involves state secrets is declassified through legal procedures or deleted.

 

Article 10 When administrative agencies make or store government information, they shall examine if it involves commercial secrets in accordance with the Law of the People's Republic of China for Countering Unfair Competition and if it involves individual privacy in accordance with the Law of the People's Republic of China on Resident Identity Cards.
Prior to the disclosure of government information that has been examined to involve commercial secrets or individual privacy, administrative agencies shall seek the opinion of the right holder. However, administrative agencies shall disclose government information involving commercial secrets or individual privacy and notify the right holder of the content to be disclosed and reasons in writing if they believe that non-disclosure may give rise to a major impact on the public interest; administrative agencies, in accordance with the law, shall compensate the right holder's losses caused by disclosure stipulated in the provisions of the laws and regulations. If the right holder does not reply to the notice within the allotted time and does not provide the reason for no reply but there is evidence proving that he or she has received the written form, he or she shall be deemed to agree to make that government information open.

 

Chapter 3 Methods of Disclosure
Article 11 Government information to be disclosed on administrative agencies' own initiative shall be disclosed by means of government websites, government gazettes, and press conferences as well as through newspapers and other publications, radio, television and other methods that make it convenient for the public to be informed. Administrative agencies may also set up facilities for reading such published government information in state archives and public libraries.
People's governments at the county level and above shall take their official websites and bulletins as the unified platform for disclosing government information.

 

Article 12 People's governments at the county level and above shall speed up the establishment of the government official website while different departments' websites will be sub-websites of the government official website. Lower people's governments may set up at branch websites at the official portal websites of higher people's governments.
Government information to be disclosed on administrative agencies' own initiative shall be disclosed at the official portal websites and branch websites, and normative documents made by government departments shall be published at the local people's government official website.
People's governments at all levels shall update the information on the internet in a timely manner, and offer services like information retrieval, downloading and printing.

 

Article 13 People's governments at the county level and above shall compile government gazettes.
Regulations, nominative documents, major administrative decision-making results formulated by people's governments and their departments as well as other important government information that shall be released should be disclosed in the local people's government gazettes.
Government gazettes shall be distributed free of charge to relevant institutions, enterprises, state archives, public libraries, government affairs service places and community service places.
Township and town people's governments shall utilize various forms including bulletin boards to disclose government information.

 

Article 14 Government information concerning to different entities that needs to be immediately published shall be disclosed by means of newspapers and periodicals, radio, television and other media.
Administrative agencies shall facilitate the press for taking interviews and other such activities.

 

Article 15 Government information on grievous natural disasters, accidents and calamities, public health emergencies and social security events and other important government information that needs to be informed shall be disclosed at the press conferences in a timely manner.
People's governments at the county level and above shall appoint their spokesperson themselves.

 

Article 16 State archives and public libraries at all levels are public reading places for government information of their respective areas.
Administrative agencies shall promptly provide the state archives and public libraries of their respective areas with the paper text and electronic text of government information disclosed on administrative agencies' own initiative.

 

Article 17 Administrative agencies shall set up material reading rooms, material request stations, electronic information screens, and other information reference rooms and facilities in the places for government affairs service and community service. People's governments at the county level and above shall gradually distribute  such materials as guides and catalogues of open government information in public places, including malls, hotels, stations, wharfs, and work places of the village committees and urban neighborhood committees.

 

Article 18 Relevant information shall be disclosed via hearings, symposiums and other methods before major administrative decisions related to the public's interests are made by administrative agencies and their execution is carried out.
Drafts of local laws and regulations, government regulations and other administrative decision plans sketched up by the government shall solicit opinions from the public at the government official portal website.

 

Article 19 When administrative agencies convene an administrative meeting closely related to the public's interests, they may release the agenda, time and place for the meeting and select representatives from the applicants for meeting observers or select public representatives to sit in the meeting.

 

Chapter 4 Procedures for Disclosure
Article 20 Administrative agencies shall be responsible for disclosing government information that they have made. Administrative agencies that store government information obtained from citizens, legal persons or other organizations shall be responsible for disclosing it. Administrative agencies shall be responsible for disclosing government information that they provide for other administrative agencies to store. However, administrative agencies that process government information obtained from other administrative agencies shall be responsible for disclosing it. If laws or regulations have different provisions, those provisions shall be followed.
If administrative agencies are removed due to the reform of government agencies, the replacement administrative agencies shall be responsible for disclosing relevant government information.

 

Article 21 Government information shall be disclosed within 10 working days from the date when the information is drafted, changed or stored. If, due to special circumstances, government information may not be disclosed within the time limit, the maximum extension of the time limit for disclosing government information shall not exceed 20 working days. If laws or regulations have different provisions on the time period for disclosing government information, those provisions shall be followed.

 

Article 22 Administrative agencies shall set up facilities in work places or government affairs service places to accept requests from citizens, legal persons or other organizations for obtaining government information.
Citizens, legal persons or other organizations may file requests in digital and electronic forms.

 

Article 23 Administrative agencies shall release request forms to make it convenient for requesters to download information from the websites of these administrative agencies or work places of these administrative agencies free of charge.

 

Article 24 Administrative agencies shall maintain the record of all the requests for obtaining government information.
If the request for obtaining government information does not conform to the requirements, the requester shall be notified to provide these request materials. If the requester does not supplement these request materials within the time limit, the request shall be considered to be withdrawn.
Administrative agencies shall not refuse to accept the requests from citizens, legal persons or other organizations, shall not make the requester file requests to intermediary organizations, and shall not discriminate the requester.

 

Article 25 After receiving requests for public information, administrative agencies shall reply to the requests in a written form respectively in accordance with different circumstances within the time limit that these Regulations specify. Administrative agencies shall reply to the requests immediately and provide maximum possible information but shall not delay or refuse a reply.
1. If the requested government information has been disclosed, the requester shall be informed of the ways and channels for obtaining that government information or be provided with it;
2. If the requested government information is qualified for disclosure but has not been disclosed, the requester shall be provided with that government information, and the requested government information that should be released shall be disclosed to the public in accordance with provisions.
3. If the requested government information does not fall into the scope of disclosure, the requester shall be informed that such information cannot be disclosed with an explanation.
4. If, in accordance with the law, the requested government information should not be disclosed by that administrative agency or the requested government information does not exist, the requester shall be informed of the reasons. If the agency that has the obligation to disclose the government information that can be determined, the requester shall be informed of the name of that government agency and the method to contact it. If the requested government information has been handed over to archives or institutions in charge of archives work before the implementation of these Regulations, the informer shall be informed of names of those archives or institutions in charge of archives work and methods to contact them.
If the requester files a request for the same content to the same administrative agency repeatedly, the administrative agency may ignore such request.
If the requester files a requester to the people's government for government information that is mainly made by the department of the people's government, the people's government may entrust that department to reply to the request.

 

Article 26 Administrative agencies shall not collect any fees from the requester for obtaining government information in violation of provisions in these Regulations, and not require the requester to obtain government information as a compensated service through any organization or individual.

 

Article 27 When citizens, legal persons or other organizations have evidence to prove that the government information disclosed or stored by an administrative agency is not exact, they may request the administrative agency to correct that government information; if that administrative agency does not have the right to correct that government information, the matter shall be transferred to the relevant administrative agency. If the administrative agency does not correct the government information related to the requesters, the administrative agency shall notify them of the reasons for not correction in a written form and put the exact information, reasons, and evidence that the requesters believes correct after that government information.
The administrative agency shall handle the correction request made by citizens, legal persons or other organizations on the spot. If the administrative agency does not deal with the request, the administrative agency shall handle it within ten working days and inform the requesters of the matter in a written form.

 

Chapter 5 Supervision and Safeguards
Article 28 The open government information work agency of the Hunan Provincial People's Government shall establish the statistical system for open government information.

 

Article 29 Administrative agencies shall establish and release their annual reports on open government information work via local governments' official websites, departments' websites and other media before March 31 next year.
People's governments at county level and above shall submit their annual reports on open government information work to the local people's governments for record before March 10 next year.

 

Article 30 If citizens, legal persons or other organizations believe an administrative agency has failed to fulfill, in accordance with the law, its obligations in respect of open government information, they may report it to the supervision agency or the office of government administration at the corresponding level, and the agency that receives the report shall investigate and handle it and reply to informers in a written form within 20 days. If informers refuse to accept the result, they may report it to the higher level administrative agency, the supervision agency or the office of government administration. The agency that receives the complaint shall investigate and handle it and reply to informers in a written form within 20 days.

 

Article 31 If citizens, legal persons or other organizations believe a specific administrative action of an administrative agency in its open government information work has infringed their lawful rights and interests, they may, in accordance with the law, apply for administrative reconsideration or file an administrative lawsuit.

 

Article 32 The administrative agency that violates relevant provisions of these Measures shall be imposed on penalties in accordance with these Regulations.

 

Article 33 People's governments at all levels and departments of people's governments at the county level and above shall include expenditures used for government information work in the fiscal budget.

 

Chapter 6 Supplementary Regulations
Article 34 Provisions on administrative agencies in these Measures shall apply to open government information activities that are authorized by laws or regulations to be organized.

 

Article 35 Public enterprises and institutions that are closely related to people's interests such as education, medical care, family planning, water supply, electricity supply, gas supply, heating, environmental protection, public transportation, telecommunications, postal service, finance, social security, and agricultural service shall refer to these Measures to disclose the information that is related to the public's vital interests or to the issues that people show most concerns such as collection of fees and price.
Citizens, legal persons or other organizations may apply to those institutions mentioned in the previous articles for getting access to relevant information.

 

Article 36 Villagers' committees and urban neighborhood committees shall assist administrative agencies concerned to disclose the following government information by means of bulletin boards for opening village affairs, meeting, and broadcast:
1. Items subject to an administrative fee, the legal basis, and standards;
2. The allocation of minimum living allowances, cooperative medical service grants, subsidies for grain cultivation, and relief fund;
3. The minimum grain purchase price;
4. Policies of public health;
5. The implementation of family planning;
6. The expropriation and requisition of land and allocation and utilization of land compensation fees;
7. Other government information that shall be disclosed.

 

Article 37 These Measures shall go into effect as of January 1, 2010.