Regulations of Making Public of Tianjin City Government Information adopted at the 6th meeting of Tianjin City People’s Government on April 21 is hereby promulgated, to be effective on May 30, 2008
Mayor Huang Xinghuo
April 28, 2008
Regulations of Making Public of Tianjin City Government Information
Article 1 This Regulation is made in accordance with Regulations of the People’s Republic of China on Open Government Information (State Council Decree No. 492) and relevant laws and regulations, subject to actual circumstances of Tianjin City, in order to ensure the legal access into government information by citizen, legal person and other organizations, promote and regulate the making public of government information, increase the transparency of government works and to further enhance legal administration.
Article 2 This Regulation applies to activities of open government information by each people’s government and their subsidiary departments at different levels within Tianjin jurisdiction as well as legal access into government information by citizen, legal person and other organization.
Article 3 The government information disclosure for this City shall be carried out under the principle of fairness, impartialness, accuracy, punctuality and convenience for people.
Article 4 The people’s government at each level shall strengthen the organization and direction for government information disclosure. People’s government offices at municipal and county levels shall be the supervisors for government information publication within this jurisdiction, with the responsibility for the promotion, direction, coordination and supervision thereof.
Article 5 Administrative agencies shall establish and perfect the regime for government information publication and designate an institution to be responsible for the daily works in connection therewith within its jurisdiction.
Article 6 Where an administrative agency proposes to publicize government information which involves other administrative agency, it shall conduct communication, coordination and confirmation thereof prior to such publication; where such communication reach no agreement, such administrative agency proposing to publicize government information shall submit to the government information publication supervisor at its level for coordination and settlement.
To the extent that government information issuances are subject to State relevant regulations, such issuances shall not be made without approval thereof.
Article 7 Administrative agency shall issue government information in a timely and accurate manner, and shall initially make public of government information relating to the any of the following:
(i) Information in connection with legal rights and interests of citizen, legal person or other organization;
(ii) Matters which need to be widely known or participated by the public;
(iii) Issues reflecting the structure establishment, function, working procedures etc of the administrative agency;
(iv) Other matters which shall be initially publicized in accordance with laws and regulations and other State rules.
Article 8 People’s government at municipal and county level and their departments shall determine the specific government information to be issued on their own initiative within their respective functions and shall attach importance to the issuance of the following government information:
(i) Governmental regulations and regulatory documentations;
(ii) Economic and social development program, scheme for a particular project, areas program and related policies;
(iii) Statistic information relating to economic and social development;
(iv) Fiscal budget and settlement report;
(v) Item, basis and criteria for charges of administrative levies;
(vi) Category, criteria and implementation for government centralized purchase project;
(vii) Item, basis, condition, quantity, procedure and term for administrative permission together with the lists for all the required documentations thereof as well as the implementation thereof;
(viii) Circumstances of the approval and implementation for material construction project;
(ix) Policies, measures and implementations with respect to poverty aid, education, medical care, social insurance and employment enhancement;
(x) Proposals for unexpected public events, pre-warning information and the solutions thereof;
(xi) Supervision and examination for environment protection, public sanitation, safety production, food and drug and product quality.
Article 9 The following shall also be inclusive of the particularly published government information by people’s governments and their departments at county and district level:
(i) Material matters of city and country construction and administration thereof;
(ii) Construction of social welfare and charity;
(iii) Levies or impositions on land use, house reconstruction and compensation thereof, allocation and use of reimbursement thereof ;
(iv) Management, use and allocation on donations used in connection with natural disasters, charities and philanthropy.
Article 10 People’s government at village (town) level and their departments shall determine the specific government information to be issued on their own initiative within their respective functions in accordance with this Article 7 and shall attach importance to the issuance of the following government information:
(i) Circumstances of implementing State policy of country’s work;
(ii) Management and use of fiscal revenues and various funds for particular projects;
(iii) Examination and approval of general layout of village(town) land use and residential land use;
(iv) Levies or impositions on land use, house reconstruction and compensation thereof, allocation and use of reimbursement thereof ;
(v) Credit and obligations and funds collections and allocations;
(vi) Management, use and allocation on donations used in connection with natural disasters, charities and philanthropy;
(vii) Contracting, lease and biding etc by village collective enterprises and other village economic entities;
(viii) Family-plan implementations.
Article 11 Administrative agencies shall not publicize information concerning State secrets, business secrets and personal secrets, provided however, that subject to right owner’s consent or if the administrative agency deems the non-publication thereof might constitute material effect on public interests, such government information concerning business secrets and or personal privacy may be made public with a written notice to the right owner thereof stating the content and basis for such publication.
Article 12 Administrative agencies shall establish and perfect a system for confidentiality review and examination for government information issuance, specifying the procedures and responsibilities thereof.
Prior to any publication of government information, administrative agency shall conduct review and examination for the proposed government information to be publicized in accordance with PRC Law of Keeping State Secrets and other laws and regulations.
Where an administrative agency, in its review for confidentiality, cannot determine whether the information shall be published or whether such publication might pose a risk on state security, public security, economic security or social stability, it shall submit to the principal of its authority or its supervisor authority or confidentiality department of its level for approval.
Article 13 Administrative agencies shall publish the government information on its own initiative through such publicly well-known medias as government announcement, government website, press release and newspaper, radio station, TV etc.
Article 14 For government information formulated by administrative agency, the administrative agency formulating such information shall be responsible for its publication; for information received from citizen, legal person or other organizations, the administrative agency keeping and maintaining such information shall be responsible for its publication. Where laws and regulations provide otherwise with respect to authority of government information publication, such laws and regulations shall apply.
If an administrative agency was canceled for the reason of government structuring reform, its government information publication shall be resumed by the continuing administrative agency within its function.
Government information that fall into the category of being published on initiative shall be published within 20 business days as of the formulation thereof or date of change.
Article 15 The People’s government at municipal, district and county levels shall set up government information counseling place at national archive hall, public library, service center for administrative permission; people’s government at village level shall set up government information counseling place at public library equipped with corresponding facilities and equipment in order to provide easy access to government information by citizen, legal person or other organizations.
Administrative agencies shall for the purpose of government information publication, establish public consulting room, material provision place, information column, electronic information screen etc.
The administrative agency shall after 10 days upon the publication of government information provide such information to the public at the government information consulting place.
Article 16 The administrative agency shall formulate guideline and table of content for government information publication in unified form within this city and making public thereof on the government website.
Government information publication guideline shall include category, preparation system, manner of acquirement of government information and name, address, contact telephone number, fax number and email address of government information publication institute etc.
Government information publication’s table of content shall include the index, name and content summary and date of formulation thereof.
Government information within the category of information being published on initiative, administrative agency shall update government information’s table of content within 2 days after the publication thereof.
Article 17 in addition to government information that shall be published on administrative agency’s initiative in accordance with laws and regulations, citizens, legal persons or other organizations may apply to acquire relevant government information which may be needed in their production, life and scientific study.
Citizens , legal persons or other organizations shall present their valid ID cards or certificates in their application for seeking information relating to their taxation payment, social insurance, medical care and sanitation etc, for which administrative agency shall provide in accordance with laws.
Applicants thereof shall apply their acquired information for legal purpose only.
Article 18 Application for acquiring government information by citizen, legal person or other organization according to law shall be made in writing (including electronic means). If it is indeed impossible to be made in writing, such information may be made in oral, for which administrative agency accepting such application may make the application in writing in its place.
Applicants may entrust an agent in applying for government information accompanied by the presentation of valid certificates of the applicant and its agent as well as the authorization letter thereof.
Article 19 Applicant may make its application for government information through government website, letter, telegraph, facsimile etc, or at the window of service center for administrative permission or such other place as designated by administrative agency.
Article 20 Where application for government information made by citizen, legal person or other organizations meet the requirements of PRC Rules on Government Information Publication and other relevant laws and regulations, administrative agency shall accept the application.
Article 21 For government information being applied for publication, administrative agency may reply in accordance with the following circumstances:
(i) If the information is subject to publication upon application, it shall reply to the applicant according to relevant regulations;
(ii) If the information is subject to initiative publication, it shall inform applicant of the manner and channel for such government information;
(iii) If the information is not subject to publication, it shall advise applicant thereof and set forth the grounds therefore.
(iv) If the information is not subject to publication by the administrative agency itself or such government information does not exist, it shall advise the applicant thereof, and for information that can be determined of its publication agency, it shall advise applicant of such agency’s name and contact info; for information whose publication agency cannot be determined, it shall recommend applicant to consult with authority department.
(v) If the application is not clear in content, it shall advise applicant on one time to make revision, supplementary, where applicant has made revision and supplementation and make reapplication thereof, the time period for reply shall be calculated as if no former application thereof were made.
Article 22 If government information subject to application of the Regulation thereof contains non-publishable information that can be removed, administrative agencies shall provide the publishable information to applicant.
If government information subject to application are co-formulated or kept by two or more administrative agencies, the administrative agency accepting such application shall provide the government information thereof.
If one applicant repeatedly applies to the same administrative agency for government information publication for which such administrative agency has made a reply thereof, no repeated reply shall be made there for.
Article 23 If administrative agency deems that the government information being applied for publication involves business secret and personal privacy the publication of which might prejudice a third party’s legitimate rights and interests, it shall serve the third party in writing for confirmation thereof, and shall specify the response time period there for. The information may be published if such third party expressly consents so, or if otherwise the third party has objection thereto, the information shall not be published; if the third party fails to reply within the time period required by administrative agency, it shall be deemed that it consents such publication. Provided however that if administrative agency deems that non-publication thereof might constitute a material effect on public interests, it shall publish the information thereof and shall notify such third party in writing stating the content to be published and the grounds there for.
Article 24 Administrative agency shall give an on the spot reply if such reply is practicable upon its receipt thereof.
If administrative agency cannot give an immediate on site reply, it shall make such reply within 15 business days upon receipt thereof; if the reply needs to be extended, it shall inform the applicant prior the consent by the principal of government information publication institute, but in no event shall such event be extended beyond 15 business days.
If the government information under application concerns a third party’s right and interests, the time period necessary for seeking the third party’s advice thereon shall not be subject the second paragraph of this article.
Article 25 Administrative agency, in its provision of government information, shall not charge any other fees other than costs for information checking and searching, copying and posting etc. administrative agency are prohibited from providing government information in profitable manner through other organization and or individuals.
Article 26 If the applicant seeking government information is indeed in difficult financial position under the following circumstances , subject to the consent and review by government information publication institute, the administrative agency accepting such application shall release it from relevant fees:
(i) The applicant make a living in reliance of the minimum living guarantee;
(ii) The applicant is supported by government according to his/her social welfare treatment;
(iii) The applicant is a rural resident and subject to special country protection and care;
(iv) The applicant is disabled or is under difficult position due to his serious disease, or natural disaster or other reasons and is accepting state’s aids;
(v) The applicant’s actual living standard is lower than the minimum living standard determined by the people’s court at municipal, county or district level, which are certified by the people’s government or street office in the place where he resides.
If the applicant is unable to read or is disabled to read or accept information, administrative agency shall offer necessary help for him.
Article 27 People’s government at municipal and district level shall establish and perfect the performance review program for government information publication, social review system and responsibility system in order to conduct an annual performance review and social review for government information publication.
Municipal’s government office shall be responsible for the performance review against different departments under city’s people’s government and people’s government at county and district level. People’s government office at district and county level shall be responsible for the performance review against various departments under their jurisdiction as well as village people’s government.
City’s people’s government office shall be responsible for organizing the implementation of social review for various department under its jurisdiction and people’s governments at district and county level. People’s government at district and county level shall be responsible for the organization and implementation of social review for various departments under their jurisdiction and people’s government at village level.
Article 28 administrative authority shall publish its annual report for government information publication prior to March 31.
Article 29 Supervising departments of government information publication shall conduct supervision and examination for the implementation thereof by administrative agencies.
Where citizen, legal person or other organizations deems that administrative agency fail to perform its obligations of government information publication in accordance with law, they may report such failure to the supervising departments of government information publication at the same level; if they are dissatisfied with the disposal made by such supervising departments, they may report so to the supervising departments thereof at higher level. The supervising departments shall conduct investigations upon receipt of such report.
Article 30 The administrative agency shall be subject to an order to rectification by its higher authority if it violates this regulation and fails to establish and perfect a confidentiality review system for government information publication; for serious activities, the chief principals of such administrative agency shall be punished in accordance with relevant law.
Article 31 Administrative agencies in breach of this regulation shall be ordered to a rectification by its higher authority under any one of the following circumstances; for serious activities, the principals directly responsible therefor shall be punished in accordance with law; if a crime is constituted, criminal liabilities shall be pursued:
(i) Failure to publish government information in compliance with law;
(ii) Failure to timely update the published government information, publication guidelines for government information and table of contents of government information;
(iii) Charging fees in violation of regulations;
(iv) Provide government information for profit through other organization or individuals;
(v) Publishing government information which shall not be published;
(vi) Other activities in violation of this regulation.
Article 32 If citizens, legal persons or other organizations breach PRC Punishment Law of Public Security in the course of obtaining government information, the Public Security may impose punishment in accordance therewith; if crime is constituted, criminal liability shall be pursued.
Article 33 When such organizations with administrative functions of public matters as Tianjin Economic Technology Development Zone Management Committee, Tianjin Port Bonded Zone Management Commission, Tianjin New Technology Industry Park Administrative Commission, Tianjin Dongjiang Bonded Zone Administration Commission, Zhongxin Ecology Administration Commission, publish government information, this regulation shall apply.
The publication of government information made by organization with administrative function as authorized by law and regulations shall be under the leadership of the people’s government at the same level with them and the supervising authority of government information at the same level shall be responsible for the performance and examination thereof.
Article 34 This regulation shall become effective as of May 30, 2008.
