北京市政府信息公开规定

(Promulgated by Decree No. 257 of the People’s Government of Beijing Municipality on June 23, 2014)ContentsChapter I General ProvisionsChapter II Disclosure on InitiativeChapter III Disclosure upon ApplicationChapter IV Supervision and GuaranteeChapter V Supplementary ProvisionsChapter I General ProvisionsArticle 1 These Provisions are formulated in accordance with the provisions of the Regulations of the People’s Republic of China on Disclosure of Government Information as well as other relevant laws and regulations, and in light of the actual circumstances of this Municipality. Article 2 The term “government information” in these Provisions means information which is produced or obtained and, in certain forms, recorded or stored by an administrative organ in the process of performing its functions and duties. Article 3 The people’s governments at various levels shall strengthen organization and leadership with respect to disclosure of government information. The General Office of the Municipal People’s Government is the competent department for disclosure of government information within this Municipality, responsible for promotion, guidance, coordination and supervision of disclosure of government information within this Municipality.The general offices of the people’s governments at the district or county level are the competent departments for disclosure of government information within their respective districts or counties, responsible for promotion, guidance, coordination and supervision of disclosure of government information within their respective administrative areas.The departments under the vertical leadership system shall carry out disclosure of government information under the leadership of the superior competent departments and unified guidance and coordination of the people’s governments at the places where they are located.The departments under the dual leadership system shall carry out disclosure of government information under the leadership of the people’s government at the place where they are located and be subject to the guidance of the superior competent departments. Article 4 The people’s governments at various levels as well as the offices for disclosure of government information designated by the departments of the people’s governments at the municipal and the district or county level shall, in accordance with law, organize the development of daily work for disclosure of government information such as disclosure of government information of respective administrative organs, maintenance and updating of government information disclosed, examination of government information to be disclosed for confidentiality purpose, compilation of guidebooks for and catalogue of disclosure of government information and annual reports on disclosure of government information. Article 5 In disclosing government information, administrative organs shall follow the principles of impartiality, fairness, public convenience, promptness and accuracy.Article 6 Where the functions and duties of the people’s governments at the municipal and the district or county level are undertaken by specific working departments, such working departments may be responsible for disclosure of relevant government information. The specific working departments responsible for disclosure of relevant government information shall be made public to the society by the Municipal People’s Government.Article 7 Where an administrative organ is canceled, merged or adjusted of functions and duties during the institutional reform of governments and there is another administrative organ to continue performing such relevant functions and duties, the government information it produced or obtained shall be disclosed by the latter administrative organ; where there is no administrative organ to continue performing such relevant functions and duties, the government information it produced or obtained shall be disclosed by the unit maintaining the government information.Government information produced jointly by several administrative organs shall be disclosed by each administrative organ participating in the production. Article 8 Before disclosing government information, administrative organs shall, in accordance with the Law of the People’s Republic of China on Guarding State Secrets, and other laws, regulations and relevant provisions of the State, examine the government information to be disclosed.Government information shall not be disclosed in any of the following circumstances:(1) involving State secrets in accordance with the Law of the People’s Republic of China on Guarding State Secrets, and other laws, regulations and relevant provisions of the State；(2) involving technology and business operation information which is unknown to the public, can bring about economic benefits to the obligee, has practical utility and about which the obligee has adopted secret-keeping measures in accordance with relevant provisions of the Law of the People’s Republic of China on Against Unfair Competition, and other laws, regulations and relevant provisions of the State;(3) involving such personal privacy as the identity, contact information, health, marital status, family, financial conditions, etc. in accordance with relevant laws, regulations and relevant provisions of the State;(4) other government information that shall not be disclosed in accordance with laws, regulations and relevant provisions of the State.An administrative organ disclosing government information involving business secrets or personal privacy shall comply with the provisions of Article 27 of these Provisions.Article 9 Administrative organs shall establish and strengthen a mechanism of examination for confidentiality purpose in disclosure of government information and specify the examination procedures and responsibilities for State secrets, business secrets and personal privacy.When an administrative organ is not sure whether a certain piece of government information involves State secrets, it shall, in accordance with laws, regulations and relevant provisions of the State, submit the matter to the competent department concerned or to the secret-guarding department at the same level for determination.Article 10 When an administrative organ produces government information, it shall determine whether such government information shall be disclosed. As to the government information which shall not be disclosed, it shall specify the reasons therefor. An administrative organ shall establish a dynamic administration mechanism for government information that shall not be disclosed, and disclose the government information that meets the requirements on disclosure in accordance with law. Article 11 An administrative organ shall establish and improve a mechanism for information monitoring and clarification. When finding false or incomplete information which undermines or is likely to undermine social stability or disturbs administration of social order, the administrative organ shall, within the scope of its respective functions and duties, disprove such information by releasing accurate government information. Article 12 An administrative organ shall establish and strengthen a coordinating mechanism for release of government information. Where an administrative organ is to release government information which involves other administrative organs, it shall communicate with the administrative organs concerned for confirmation, so as to ensure the accuracy and consistency of the government information released by administrative organs. Where release of government information by an administrative organ requires approval in accordance with relevant provisions of the State and the Municipal People’s Government, such information shall not be released without approval. Article 13 The disclosure of government information by an administrative organ shall not endanger State security, public security, economic security or social stability.Chapter II 　Disclosure on InitiativeArticle 14 Administrative organs shall, in addition to disclosing the government information disclosed on their initiative in accordance with the Regulations of the People’s Republic of China on Disclosure of Government Information and relevant provisions of the State, lay emphasis on disclosure of the following government information in light of the actual circumstances of this Municipality:(1) information about fiscal budgets and financial accounts, three public consumptions, and administrative expenses;(2) information about construction plan, start-up and completion of affordable housing projects, distribution and withdrawal of affordable houses, etc.;(3) information about food safety standards, administrative licensing for food production and operation, specialized inspection and rectification concerned, etc.;(4) information about verification on environmental inspection, bulletins of environmental conditions, major and serious environmental emergencies, etc.;(5) information about illegalities and violations in bid invitation and bidding and the settlement thereof, projects controlled or dominated by the State-owned capital subject to bid invitation;(6) information about government measures, handling progress, risk warning and precautionary measures involving work safety accidents;(7) information about approval of converting land for agriculture to land for construction, approval of expropriating collective land, announcements of land expropriation, notices of compensation and placement for land expropriation, completion of collective land expropriation;(8) information about government guided-pricing, government pricing, and the items, prices, bases, implementing time and range of the adjustment of charging standards;(9) warning information and favorable information in the enterprise credit information system of this Municipality;(10) information about the audit results of government departments’ budget implementation;(11) information about supervision and administration by administrative organs of public utility enterprises and institutions which are closely related to the interests of the people; and (12) other information determined to be disclosed by the Municipal People’s Government on initiative.Article 15 Administrative organs shall strengthen standardized and electronic administration of government information resources, integrate government information resources by classification, build a favorable environment for the public to make use of information resources, and promote the level of developing and utilizing government information resources. Article 16 Government information which is determined to be disclosed on the initiative of administrative organs shall be disclosed within 15 working days from the date on which such government information is produced or altered. As to the major emergencies involving natural disasters, calamitous accidents, public health accidents and public security incidents, the competent departments shall disclose the preliminary conditions that have been verified in a timely manner, and disclose such government information as work progress and governments’ handling measures in a continuous manner based on incident development and handling situations. Article 17 Administrative organs shall compile and release the guidebooks for disclosure of government information and the catalogues of government information disclosed, and update such guidebooks and catalogues in a timely manner.The guidebooks for disclosure of government information shall include such contents as the classification of, layout system for, and means of access to government information, and the names and means of contact of the offices for disclosure of government information, the handling procedures for applying for disclosure of government information, and relief approaches.The catalogues of government information disclosed shall include such contents as indexes, titles, summaries and dates of production of government information.Article 18 Administrative organs may disclose government information through the following channels:(1) government websites;(2) government gazettes;(3) press conferences:(4) newspaper, radio, and television;(5) national archives, public libraries, and service halls for administrative affairs;(6) public reading rooms, materials request centers, information bulletin boards, electronic information screens;(7) micro-blogs for administrative affairs and other network platforms;(8) other means and channels.Administrative organs shall adopt means which are easily accessible to the public to disclose information. Article 19 Administrative organs shall timely disclose and update government information through government portal websites, and provide services of searching, consulting and downloading information. Article 20 The people’s governments at the municipal and the district or county level shall offer places in national archives and public libraries for consulting government information, and provide appropriate facilities and equipment there, making it convenient for citizens, legal persons and other organizations to access government information. Other administrative organs may, based on the needs, offer places and facilities for consulting government information.Administrative organs shall provide administrative service halls, national archives and public libraries at the same level with electronic texts of the government information that has been disclosed on initiative, and transfer the paper texts of administrative regulatory documents that have been disclosed on initiative.Article 21 Administrative organs shall set up consulting hot lines for disclosure of government information to provide citizens, legal persons or other organizations with consulting services.Non-emergent service centers at the municipal level and its various branch centers may provide citizens, legal persons or other organizations with consulting services for disclosure of government information. Chapter III Disclosure upon ApplicationArticle 22 Administrative organs shall publish the office addresses, office hours, contact telephone numbers, fax numbers, e-mail addresses and complaint telephone numbers for accepting the application for disclosure of government information to facilitate citizens to submit applications.Where citizens applying for disclosure of government information have reading or visual and hearing difficulties, administrative organs shall provide them with necessary assistance.Article 23 Applicants applying for obtaining government information from an administrative organ shall apply in writing (including in the form of a data message); if applicants have real difficulties in applying in writing, they may apply orally and the administrative organ which accepts such application shall fill out the application form for disclosure of government information on behalf of the applicants, which shall be confirmed by the applicants through affixing signatures, fingerprints or seals.Administrative organs shall provide applicants with the standard forms of application for disclosure of government information; and applicants may also adopt other written forms to file applications with the administrative organs.Article 24 An application for disclosure of government information shall include the following contents:(1) the name or title, certificate type and number, telephone number and contact address, and other valid means of contact of the applicant and the agent or representative thereof;(2) the description of the government information the disclosure of which is applied for, including the document name or number that can refer to the specific government information or other detailed and accurate characteristic descriptions;(3) the way to obtain information and requirement on the form to provide information; and(4) the name of the organ to accept the application.Where the applicant entrusts an agent to apply for disclosure of government information, the materials to prove the entrustment shall be provided.Where more than five (including five) persons jointly apply for the same government information, one to five representatives may be elected to submit the application and the materials to prove the election shall be provided.The organ accepting the application shall issue a receipt of registration after receiving the application of the applicant for disclosure of government information. Article 25 Upon receiving an application for disclosure of government information, the administrative organ shall make a reply on the spot where it can. If the administrative organ can not make a reply on the spot, it shall make a reply within 15 working days from the date of receipt of the application; if the time limit for a reply needs to be extended, the administrative organ shall obtain consent of the responsible person of the office for disclosure of government information of this administrative organ, and inform the applicant of the matter in writing, and such extension shall not exceed 15 working days at the most.Where the administrative organ can not make a reply to the applicant or provide the applicant with government information within the specified time limit for force majeure or other legal causes, the time limit shall suspend. The time limit suspended shall not be included in the time limit specified in the preceding paragraph, which will resume after the obstacles are eliminated. The administrative organ shall explain the suspension and resumption to the applicant in writing. Article 26 Where an applicant requests to withdraw an application for disclosure of government information, the administrative organ shall permit and register the matter for the record.Where an applicant applies for more than two pieces of government information with the same administrative organ, the administrative organ may make replies respectively or jointly in accordance with the principle of public convenience.Article 27 Where an administrative organ deems that the government information the disclosure of which is applied for involves business secrets or personal privacy and that disclosure of such information may harm the lawful rights and interest of a third party, it shall consult the third party in writing; such government information shall not be disclosed if the third party does not consent to the disclosure. However, if the administrative organ deems that public interests mat be substantially affected unless such information is disclosed, it shall disclose such government information. Where the third party does not consent to the disclosure, however, the administrative organ decides to disclose such information, it shall disclose such information after informing the third party in writing.The time needed by the administrative organ for consulting the third party shall not be included in the time limit specified in Paragraph 1, Article 25 of these Provisions.Article 28 With respect to an application for disclosure of government information, an administrative organ shall make a reply respectively in writing in accordance with the following cases:(1) to inform the applicant of the methods and means of obtaining such government information, where the government information the disclosure of which is applied for has been disclosed on initiative;(2) to disclose such government information to the applicant, where the government information the disclosure of which is applied for may be disclosed; where the administrative organ or third party has specific requirements on the range of use of government information, the administrative organ shall reach an agreement with the applicant, who shall make use of the government information disclosed as agreed upon after confirmation upon signature;(3) to provide the applicant with the contents of the information that may be disclosed, where a piece of government information the disclosure of which is applied for includes any contents that shall not be disclosed but can be taken out; and explain the reasons with respect to the contents that may not be disclosed;(4) to inform the applicant of the fact and give the reasons, where the government information falls within the scope of information that may not de disclosed;(5) to inform the applicant that the government information applied for does not fall within the scope of information that shall be disclosed, where the government information the disclosure of which is applied for belongs to the internal administration information produced or obtained by the administrative organ in their daily work, or the process information under discussion, research or review of the administrative organ; (6) to inform the applicant that the government information applied for does not exist and give the reasons, where the government information the disclosure of which is applied for involves the matters that belong to the scope of disclosure of this administrative organ, however, such information is not produced or obtained, or recorded or stored in a certain form by this administrative organ;(7) to inform the applicant of the fact, where the government information the disclosure of which is applied for involves the matters that don not belong to the scope of disclosure of this administrative organ, or that shall be disclosed by other specific working departments publicized by the Municipal People’s Government; and to inform the applicant of the title of the administrative organs and the means of contact with them where the said administrative organ can identify the administrative organs which shall disclose such government information; (8) to inform the applicant to make amendments or supplements, where the contents of application are not clear; or(9) to inform the applicant that repeated applications shall not be handled, where the same applicant repeatedly applies for disclosure of the same government information with the same administrative organ.Article 29 An administrative organ shall deal with the following application matters respectively in accordance with the following ways:(1) to inform the applicant to submit such application through corresponding channel, where the contents of application relate to such matters as consultation, letters and visits, and reporting, which do not belong to the scope of application for disclosure of government information; and to inform the applicant of the title of the administrative organs and the means of contact with them where the said administrative organ can identify the administrative organs in charge of such matters; (2) to inform the applicant to deal with them in accordance with the provisions of relevant laws and regulations, where the contents of application involve looking up the materials of cases by the parties concerned or interested parties in administrative procedures; or(3) to inform the applicant to deal with the matter in accordance with relevant provisions of laws, regulations and the State related to the administration of archives, where the government information the disclosure of which is applied for has been transferred to the national archives at various levels.Article 30 The government information provided by administrative organs to applicants shall be the government information that has not been gathered, processed, analyzed or re-produced.When disclosing government information on the basis of an application, an administrative organ shall provide government information upon application in the form as requested by the applicant; if the administrative organ can not take the requested form, it may arrange for the applicant to consult relevant materials, provide duplicates or provide information in other appropriate forms.Article 31 An administrative organ shall record the following circumstances and maintain relevant materials:(1) the administrative organ has no way to provide the applicant with written replies due to the failure of the applicant to provide any valid means of contact; (2) failure to contact the third party or receive any reply from the third party, where the third party is consulted; or(3) other special circumstances during the handling of any application.Article 32 Where several persons apply for disclosure of the same government information with the same administrative organ and the administrative organ agrees to disclose such government information which may be made known to the public, the administrative organ may decide to include such government information in the scope of disclosure on initiative.Where the administrative organ decides to disclose the government information the disclosure of which is applied for, the applicant may advise the administrative organ to include such information in the scope of disclosure on initiative.Article 33 Where citizens, legal persons or other organizations have evidence to prove that the records of government information related to them which are provided by the administrative organ are not accurate, they shall have the right to request the administrative organ to make corrections. Where the administrative organ has the power to make such corrections, it shall make corrections timely; where it has no power to make such corrections, it shall refer the case to the administrative organ that has the power to make such corrections and inform the applicant of the matter. Where there are other provisions on special procedures for the correction of information in laws, regulations or rules, such provisions shall prevail.Article 34 When providing government information on the basis of an application, an administrative organ may collect the expenses actually incurred by searching, copying, mailing, etc., which shall be subject to the financial administration at the same level; the specific charging standards shall be formulated by the competent department for price and finance at the municipal level.Rural beneficiaries of five-guarantees, rural and urban citizens receiving the minimum subsistence allowances, as well as those receiving national pension and preferential treatment may, upon personal application and with relevant certificates issued by the departments for civil affairs, be exempted from relevant expenses by the accepting organs.Chapter IV Supervision and GuaranteeArticle 35 The people’s governments at various levels within this Municipality shall establish and strengthen the assessment mechanism, the public evaluation mechanism and the accountability mechanism in respect of disclosure of government information, and assess and evaluate the work done for disclosure of government information at regular intervals.Article 36 Administrative organs shall publish their annual reports on disclosure of government information before March 31 of each year.An annual report on disclosure of government information shall include the following contents:(1) the progress of annual work for disclosure of government information of the administrative organ, such as the organization structure, institutional improvement, channels and places, as well as education and training;(2) the details of disclosure of government information on the initiative of the administrative organ;(3) the details of disclosure and non-disclosure of government information by the administrative organ on the basis of application;(4) the details of applying for administrative reconsideration or filing administrative lawsuits in relation to disclosure of government information;(5) the details of expenses collected or exempted for disclosure of government information;(6) main problems which exist in disclosure of government information and the improvements made; and(7) other matters that need to be reported.Article 37 The General Office of the Municipal People’s Government shall carry out the annual assessment of disclosure of government information. The details of such annual assessment shall be publicized to the society.Article 38 Administrative organs may adopt several ways to carry out social evaluation, and solicit the opinions and suggestions from citizens, legal persons or other organizations on disclosure of government information. Administrative organs shall adopt the reasonable opinions and suggestions. Article 39 The competent departments for disclosure of government information and the supervisory organs shall be responsible for supervision and inspection of the implementation of disclosure of government information, as well as guidance and supervision of the investigation for responsibilities for disclosure of government information. The ways and procedures to investigate for responsibilities shall be subject to the measures of this Municipality for administrative accountability.Article 40 Where citizens, legal persons or other organizations deem that an administrative organ fails to perform its duties to disclose government information in accordance with law, they may report the matter to the administrative organ at a higher level, the supervisory organ or the competent department for disclosure of government information. The organ receiving such report shall investigate into and handle the matter.Where citizens, legal persons or other organizations deem that the specific administrative acts performed by administrative organs in disclosure of government information infringe upon their legal rights and interests, they may apply for administrative reconsideration or file administrative lawsuits in accordance with law. The administrative organs shall timely correct relevant faults in disclosure of government information found during administrative reconsideration or administrative lawsuits.Article 41 Where an administrative organ, in violation of these Provisions, fails to establish and strengthen a mechanism of examination for confidentiality purpose in release of government information, the supervisory organ or the administrative organ at the next higher level shall order it to make corrections; where the circumstances are serious, its principal responsible person shall be given a sanction in accordance with law.Where an administrative organ, in violation of these Provisions, falls into any of the following circumstances, the supervisory organ or the administrative organ at the next higher level shall order it to make corrections; where the circumstances are serious, the persons in charge with competent accountability and other persons with competent accountability in the administrative organ shall be a given sanction in accordance with law; where a crime is constituted, criminal liability shall be investigated for in accordance with law:(1) failing to perform the duties to disclose government information in accordance with law;(2) failing to update in a timely manner the contents of government information disclosed, guidebooks for disclosure of government information, or catalogues of government information disclosed;(3) collecting expenses in violation of provisions;(4) providing government information by way of paid-for services through other organizations or individuals;(5) disclosing government information which shall not be disclosed; or(6) committing other acts in violation of these Provisions.Chapter V Supplementary ProvisionsArticle 42 These Provisions shall apply to disclosure of government information by organizations that are authorized by laws and regulations to perform the function of administering public affairs.Article 43 Information that is produced or obtained by public utility enterprises and institutions, which are closely related to the interests of the people, in the process of providing such social and public services as education, medical and health care, family planning, water supply, electricity supply, gas supply, heat supply, environmental protection, public transportation and communications, shall be disclosed with reference to these Provisions.Relevant competent departments shall carry out guidance and supervision of the disclosure of information by public utility enterprises and institutions subordinate to or managed by them.Article 44 Where there are other provisions on disclosure of government information in laws, regulations or relevant provisions of the State, such provisions shall prevail.Article 45 These Provisions shall be effective as of January 1, 2015.