Shanghai City Government Information Disclosure Regulations

(Promulgated by Order No. 32 of Shanghai City People's Government on April 26, 2020)
In order to ensure that citizens, legal persons and other organizations have access to government information in accordance with the law, improve the transparency of government work, promote government administration in accordance with the law, better serve the people's production, life and economic and social activities, and build a government ruled by law and serve the government, these Provisions are formulated in accordance with the "People's Republic of China" The Regulations on the Disclosure of Government Information (hereinafter referred to as the "Regulations") and other relevant laws and regulations are formulated in conjunction with the actual conditions of this city.
The term "government information" as used in these Provisions refers to information produced or obtained by administrative agencies in the process of performing administrative functions, and recorded and preserved in a certain form.
When administrative agencies disclose government information, they should adhere to the principle of openness as the norm and non-disclosure as the exception, and follow the principles of fairness, fairness, legality, convenience and timeliness.
The people's governments at all levels in this city shall strengthen the organization and leadership of government information disclosure, establish and improve a coordination and promotion mechanism for government information disclosure, gradually increase the content of government information disclosure, and strengthen supervision of government information disclosure.
The General Office of the Municipal People's Government is the competent department for the city's government information disclosure work. It is responsible for promoting, guiding, coordinating and supervising the city's government information disclosure work and formulating relevant work specifications.
The District People's Government Office is the competent department for the disclosure of government information in the administrative region, and is responsible for promoting, guiding, coordinating and supervising the disclosure of government information in the administrative region.
Municipal and district people's governments and their working departments, and town (township) people's governments shall establish and improve the government information disclosure work system of their own agencies, and designate institutions (hereinafter collectively referred to as government information disclosure work institutions) to be responsible for the daily work of government information disclosure of their own agencies.
The specific functions of the government information disclosure agency are:
(1) Specifically undertake matters related to the voluntary disclosure of government information by the agency, and maintain and update the government information voluntarily disclosed by the agency;
(2) Receiving and processing applications for government information disclosure submitted to the agency;
(3) Conduct a review and identification of the public attributes of official documents produced by the agency;
(4) Conduct relevant reviews of government information organizations to be disclosed;
(5) If the government information of this agency involves other agencies, consult and confirm with relevant agencies;
(6) Organize the preparation of the agency's guidelines for government information disclosure, the catalog of government information disclosure and the annual report on government information disclosure;
(7) Organize and carry out analysis and research on the disclosure of government information by the agency, and put forward opinions and suggestions on improving the information disclosure work;
(8) Performing other functions related to the disclosure of government information as prescribed by this agency.
The government information disclosure work agency of municipal administrative agencies may formulate specific specifications for the government information disclosure work of dispatched agencies and internal agencies of administrative agencies of the system, incorporate them into the government information disclosure guidelines of the agency and publish them to the public.
The General Office of the Municipal People's Government shall establish an expert committee on government information disclosure composed of experts from universities, scientific research institutions, and relevant departments and units.
The Expert Committee on Government Information Disclosure is responsible for demonstrating and analyzing major issues in the disclosure of government information, studying difficult issues in the process of disclosing government information in accordance with applications in this city, and providing opinions and suggestions on the disclosure of government information.
Administrative agencies shall disclose government information in a timely and accurate manner.
If an administrative agency discovers false or incomplete information that affects or may affect social stability or disrupt social and economic management order, it shall report it to the people's government at the same level or the administrative agency at a higher level, and promptly release accurate and complete government information for clarification.
Administrative agencies should strengthen the standardization and standardization of government information disclosure, sort out disclosure matters, compile disclosure standards, standardize disclosure processes, improve disclosure methods, and continuously improve the level of government information disclosure.
People's governments at all levels should strengthen the informatization construction of government information disclosure, promote the integration of government information disclosure and the "One Internet Access Office" online government services, continuously improve the channels for government information disclosure, and ensure that citizens, legal persons and other organizations can obtain government information in a timely and convenient manner.
Administrative agencies shall incorporate funds for government information disclosure into their annual departmental budgets to ensure the normal progress of government information disclosure.
Government information produced by administrative agencies shall be disclosed by the administrative agency that produced the government information. Government information obtained by administrative agencies from citizens, legal persons and other organizations shall be disclosed by the administrative agency that maintains the government information; government information of other administrative agencies obtained by administrative agencies shall be disclosed by the administrative agency that produced or originally obtained the government information. If laws and regulations provide otherwise on the authority to disclose government information, such provisions shall prevail.
If dispatched offices or internal agencies established by administrative agencies perform administrative functions in their own name in accordance with laws, regulations and rules, the dispatched offices or internal agencies may be responsible for the disclosure of government information related to the administrative functions they perform.
If an administrative agency is abolished or its administrative functions are changed, the administrative agency that inherits its administrative functions shall be responsible for the disclosure of government information involved in the original administrative agency or administrative functions; if there is no successor agency, the administrative agency that made the decision to revoke or change shall be responsible for the disclosure of government information involved in the original administrative agency or administrative functions.
Article 13 (Guidelines and Contents for Information Disclosure)
Administrative agencies shall compile their own government information disclosure guidelines and government information disclosure catalog in accordance with the provisions of Article 12 of the Regulations, publish them to the public through government portal websites and other channels and update them in a timely manner.
The government information disclosure guidelines should be standardized, clear and easy to understand, and the government information disclosure catalog should be scientifically classified and complete in content to facilitate public search and inquiry.
Administrative agencies shall establish and improve a coordination mechanism for government information disclosure.
In any of the following circumstances, the administrative agency shall communicate and confirm with the relevant agency to ensure that the government information disclosed by the administrative agency is accurate and consistent:
(1) Before the administrative agency discloses government information, it knows that the government information involves other agencies;
(2) Government information involves more than two agencies, but is inconsistent with the content of government information already disclosed by relevant agencies.
Relevant administrative agencies have different opinions on the content of government information release, but if the content of government information can be distinguished according to the responsibilities and powers of the administrative agency, it shall be handled in accordance with the opinions of the competent agency; if the responsibilities and powers cannot be distinguished, it shall be submitted to the common higher-level administrative agency for determination.
If an administrative agency needs approval for disclosing government information in accordance with laws, administrative regulations and relevant national regulations, it shall be disclosed after approval.
In addition to the government information specified in Articles 16 and 17 of these Provisions, government information shall be made public.
Administrative agencies disclose government information by proactively disclosing it or disclosing it upon application.
(1) Government information determined as state secrets in accordance with the law;
(2) Government information prohibited by laws and administrative regulations to disclose;
(3) Government information that may endanger national security, public security, economic security, and social stability after disclosure;
(4) Government information involving trade secrets, personal privacy, etc. whose disclosure will cause damage to the legitimate rights and interests of third parties, except where the third party agrees to disclose it or the administrative agency believes that non-disclosure will have a significant impact on public interests.
If an administrative agency decides not to disclose government information in accordance with the provisions of item 3 of the preceding paragraph, it shall report in writing to the General Office of the Municipal People's Government.
Article 17 (Internal affairs information, process information and administrative law enforcement file information)
Information on internal affairs of administrative agencies, including personnel management, logistics management, internal work processes, etc., may not be disclosed.
Procedural information such as discussion records, process drafts, consultation letters, request reports and administrative law enforcement file information formed by administrative agencies in the process of performing administrative functions may not be disclosed. If laws, regulations and rules stipulate that the above information should be disclosed, such provisions shall follow.
The internal affairs information and process information listed in the previous two paragraphs shall be disclosed if it has a direct impact on the rights and obligations of citizens, legal persons and other organizations and serves as the basis for administrative management of administrative agencies.
Administrative agencies should establish and improve a review mechanism for government information disclosure and clarify the review procedures and responsibilities.
When making official documents, administrative agencies shall carry out identification of the public nature of official documents, review and clarify the public nature of the official document, and indicate the reasons if it is determined not to be disclosed.
Before disclosing government information, administrative agencies shall conduct a review in accordance with the Law of the People's Republic of China on the Preservation of State Secrets and other laws, regulations and relevant national regulations. If the administrative agency cannot determine whether government information can be disclosed, it shall report to the relevant competent department or the confidentiality administrative department for determination in accordance with laws, regulations and relevant national regulations.
Administrative agencies shall establish and improve a dynamic adjustment mechanism for government information management.
The administrative agency shall conduct regular evaluation and review of the government information that the agency does not disclose or disclosed upon application. If the government information that is not disclosed can be disclosed due to changes in the situation, it shall be disclosed; if the government information that is disclosed upon application is determined to be available voluntarily, it shall be disclosed voluntarily.
For the same government information, if multiple applicants apply for disclosure to the same administrative agency and have obtained it, the administrative agency may include the government information in the scope of proactive disclosure.
If the applicant believes that the government information disclosed in accordance with the application involves public interest adjustments, requires widespread public awareness, or requires public participation in decision-making, and suggests that the administrative agency include the information in the scope of active disclosure, if the administrative agency considers it to be within the scope of active disclosure after review, it shall promptly take the initiative. disclose.
In addition to the provisions of Articles 20 and 21 of the Regulations, administrative agencies shall also proactively disclose the following government information:
(1) Government information in the field of public resource allocation such as the construction of affordable housing projects, the allocation of affordable housing, the transfer of state-owned land use rights, and state-owned property rights transactions;
(2) Government information in the fields of rural comprehensive assistance, social assistance and social welfare, basic medical and health care, disaster and accident rescue, public culture and sports and other social welfare undertakings;
(3) Power list, responsibility list, negative list and their dynamic adjustment information;
(4) Project list and service standards for basic public services;
(5) Catalog of major administrative decision-making matters of the year;
(6) Information on the establishment and implementation of practical government projects;
(7) Information on administrative penalty decisions that should be made public in accordance with relevant regulations of this city;
(8) Information directly used as the basis for administrative law enforcement and administrative management;
(9) Other government information that should be voluntarily disclosed as stipulated by the state and this city.
Administrative agencies shall proactively disclose government information through government bulletins, government websites or other Internet government media, press conferences, government information review venues, newspapers, radio, television and other channels.
Municipal and district people's governments shall improve the government bulletin system.
The regulations of the municipal people's government and the administrative normative documents formulated by the municipal and district people's governments shall be published in full in a timely manner in the bulletin of the people's government at the corresponding level. Administrative normative documents formulated by municipal and district people's government departments may be published in full in the bulletin of the people's government at the same level. Supporting interpretation materials may be published for government regulations or important policy documents that cover a wide range of areas, are closely related to people's livelihood, attract high social attention or are highly professional.
The government gazette is distributed to the public free of charge and is available for public access at the National Archives and Public Libraries for free.
Municipal and district people's governments should adapt to the development trend of mobile Internet and launch electronic government communiqués suitable for display on mobile platforms to facilitate public inquiry and use.
Administrative agencies should rely on government portals to uniformly and centrally publish actively disclosed government information. Government portals should strengthen functions such as information retrieval, review, and download.
Government information that falls within the scope of active disclosure shall be disclosed by administrative agencies on their own government websites; if administrative agencies have not established a government website, they shall be disclosed through the government websites of the people's government at the same level or the administrative agencies at higher levels.
Administrative agencies should strengthen the construction and management of other Internet government media.
For proactively disclosed information involving major public interests, administrative agencies should promptly push it to government new media platforms such as government microblogs, WeChat, and mobile clients, and publish it in a form that is convenient for the public to know.
For major public events, public early warning information, and other important government information that requires the public to know in a timely manner, administrative agencies shall promptly disclose it by publishing authoritative information, holding press conferences, and accepting media interviews.
Municipal and district people's governments shall set up government information review sites in national archives, public libraries, etc., and equip them with corresponding facilities and equipment.
Administrative agencies with conditions shall set up public inspection rooms, data request points, information bulletin boards, electronic information screens and other places and facilities to disclose government information.
District administrative service centers shall set up special areas for government information review, and qualified community affairs acceptance centers may be equipped with corresponding facilities and equipment to facilitate public access to government information.
Administrative agencies shall promptly provide actively disclosed government information to national archives and public libraries.
Government information that falls within the scope of active disclosure shall be disclosed in a timely manner within 20 working days from the date of formation or change of the government information, except for those that exceed 20 working days as stipulated by laws and regulations.
If laws, regulations, rules stipulate or administrative agencies promise less than 20 working days, it will be disclosed in accordance with relevant regulations or promised time limit.
Article 28 (Application for Disclosure of Government Information)
In addition to voluntarily disclosed government information, citizens, legal persons or other organizations may apply to the people's governments at all levels in this city, people's government departments at or above the district level, and dispatched and internal agencies that perform administrative functions in their own names to obtain relevant government information.
Citizens, legal persons or other organizations who apply for access to government information may submit it to the government information disclosure agency of the administrative agency in written form, including letters or data messages. If the applicant has real difficulties in writing, he may also submit an application orally, and the staff member of the administrative agency receiving the application will fill in the application form on his behalf, and the applicant will sign or seal it for confirmation.
The application for government information disclosure shall include the following contents:
(1) The name, identity certificate and contact information of the applicant;
(2) The name, document number or other characteristic description of the government information applied for disclosure that is convenient for the administrative agency to inquire;
(3) The formal requirements for the government information applied for disclosure, including the methods and channels to obtain the information.
If an applicant submits an application for government information disclosure by mail or fax, the words "Government Information Disclosure Application" may be marked in a prominent position on the envelope or fax.
The time when the administrative agency receives the application for government information disclosure shall be determined in accordance with the following provisions:
(1) If the applicant submits the application through the Internet channel specified by the administrative agency, the date of receipt of the application shall be the date when the system prompts the application to be submitted successfully;
(2) If the applicant submits the application for government information disclosure by postal means such as registered letter, the date of receipt of the application shall be the date of receipt by the administrative agency; if the application for government information disclosure is submitted by postal means such as ordinary letters that do not require signing, the government information disclosure The working institution shall confirm with the applicant on the day of receiving the application, and the date of confirmation shall be the day of receipt of the application;
(3) If the applicant submits an application for government information disclosure in person, the date of submission shall be the date of receipt of the application, and the administrative agency shall issue a written certificate;
(4) If the applicant submits the application for government information disclosure through a fax published by the government information disclosure agency, the date of confirmation by both parties shall be the date of receipt of the application.
It is necessary to confirm with the applicant the time of receipt of the application, but the applicant does not provide telephone contact information or the contact number provided cannot be connected, the date of receipt and registration by the administrative agency shall be the date of receipt of the application.
In principle, one application for government information disclosure corresponds to one piece of government information.
The government information required to be disclosed by a government information disclosure application belongs to the production and preservation of multiple administrative agencies, or there are many information categories and items. The administrative agency may require the applicant to adjust the application method in accordance with the principle of "one application for one case" and within a reasonable time limit. Resubmit the application.
If an applicant submits multiple applications for government information disclosure with similar content on a specific matter to the same administrative agency, and the administrative agency needs to split the existing information before it can reply, the administrative agency may require the applicant to appropriately merge the application and resubmit the application within a reasonable time limit.
The reply period shall be calculated from the date when the administrative agency receives the re-submitted application. If the applicant fails to resubmit the application as required, it will be deemed to have waived the application, and the administrative agency will no longer process the application for government information disclosure.
If the content of the application for government information disclosure does not comply with the provisions of paragraph 2 of Article 29 of these Provisions, the administrative agency shall provide guidance and explanation, and notify the applicant to make corrections in one go within 7 working days from the date of receiving the application. Explain the matters that need to be corrected and the reasonable time limit for correction. The reply period shall be calculated from the date when the administrative agency receives the application for correction.
If the application for correction does not meet the requirements or cannot point to specific government information after correction, the administrative agency may determine the government information that the applicant needs to obtain through face-to-face or telephone communication with the applicant; if it is still not possible to determine, the administrative agency shall inform the applicant in writing that the application content is unclear and the government information application cannot be processed.
If the applicant fails to make corrections within the time limit without justifiable reasons, it will be deemed to have waived the application, and the administrative agency will no longer process the application for government information disclosure.
If the disclosure of the government information requested by the applicant may harm the legitimate rights and interests of a third party, the administrative agency shall solicit the opinions of the third party in writing. Third parties shall submit opinions within 15 working days from the date of receiving the request for opinions.
Regarding the opinions of third parties, the administrative agency will handle them in accordance with the following circumstances:
(1) If the third party agrees to disclose it, the administrative agency shall disclose it;
(2) If a third party does not agree to disclosure and has reasonable reasons, the administrative agency shall not disclose it;
(3) If a third party does not agree to disclosure without reasonable reasons, or fails to provide opinions within the time limit, the administrative agency shall decide whether to disclose it in accordance with the relevant provisions of the Regulations and these Provisions;
(4) If the third party does not agree to disclose it or fails to provide opinions within the time limit, but the administrative agency believes that non-disclosure may have a significant impact on the public interest, it may decide to disclose it and inform the third party in writing of the content and reasons for the decision to disclose the government information.
Article 34 (Solicitation for opinions from joint issuing agencies)
The government information applied for disclosure is jointly produced by two or more administrative agencies, but if the disclosure attribute is not clearly defined or the disclosure attribute needs to be changed, the administrative agency leading the production shall solicit the opinions of the relevant administrative agencies after receiving the application for government information disclosure. The agency for which opinions are solicited shall submit opinions within 15 working days from the date of receiving the request for opinions; if opinions are not submitted within the time limit, they shall be deemed to have agreed to make public. If the opinions of the joint issuing authority are inconsistent, they shall be submitted to the common higher-level administrative authority for determination.
Article 35 (Time limit for reply according to application for disclosure)
If the administrative agency receives an application for government information disclosure and can reply on the spot, it shall reply on the spot; if it cannot reply on the spot, it shall reply within 20 working days from the date of receiving the application; if it is necessary to extend the reply period, it shall obtain the consent of the person in charge of the government information disclosure work organization and inform the applicant that the extension period shall not exceed 20 working days at most.
The time required by the administrative agency to solicit opinions from third parties and other agencies shall not be counted into the reply period specified in the preceding paragraph, but the administrative agency shall inform the applicant of the time limit and reasons for soliciting opinions.
Article 36 (The number and frequency of applications obviously exceed the reasonable range)
If the number and frequency of applicants applying for disclosure of government information obviously exceed a reasonable range, the administrative agency may require the applicant to explain the reasons within a reasonable time limit. If the applicant fails to explain the reasons, it will be deemed to have waived the application.If the administrative agency considers that the reasons for the application are unreasonable, it shall inform the applicant not to process it; if the administrative agency considers that the reasons for the application are reasonable but cannot reply to the applicant within the time limit specified in Article 35 of these Provisions, it may determine a reasonable time limit for delaying the reply and inform the applicant.
If the administrative agency applies the provisions of the preceding paragraph to inform the applicant that it will not handle it, it shall report in writing to the General Office of the Municipal People's Government.
If the applicant applies to withdraw the application for government information disclosure, the administrative agency shall terminate the processing of the application for government information disclosure from the date of receiving the withdrawal application.
For applications for government information disclosure submitted by citizens, legal persons or other organizations, the administrative agency shall make written replies based on the following circumstances:
(1) If the disclosure information applied for has been voluntarily disclosed, inform the applicant of the ways and means to obtain the government information;
(2) If the disclosure information applied for can be disclosed, provide the applicant with the government information, or inform the applicant of the method, means and time to obtain the government information;
(3) If the administrative authority applying for disclosure decides not to disclose the information in accordance with the law, inform the applicant not to disclose it and explain the reasons;
(4) If there is no public information requested after search, inform the applicant that the government information does not exist and explain the situation;
(5) If the information requested for disclosure is not within the responsibility of the agency, inform the applicant and explain the reasons; if the administrative agency responsible for disclosure of the government information can be determined, inform the applicant of the name and contact information of the administrative agency;
(6) If the administrative agency has responded to the applicant's application for disclosure of government information and the applicant repeatedly applies for disclosure of the same government information, inform the applicant not to repeat processing;
(7) The information applied for disclosure belongs to industrial and commercial registration materials, real estate registration materials and other information. If relevant laws and administrative regulations have special provisions on the acquisition of information, the applicant shall be informed to handle it in accordance with the provisions of relevant laws and administrative regulations.
If the application content falls into one of the following circumstances, the administrative agency shall handle it accordingly:
(1) If the disclosure content applied for does not belong to the government information referred to in the Regulations and these Provisions, inform the applicant and explain the relevant circumstances;
(2) If the disclosure content applied for requires the administrative agency to process and analyze existing government information, it may not be provided;
(3) If consultation is conducted in the form of an application for government information disclosure and administrative agencies are required to answer specific questions, the applicant shall be informed that it will not be processed as an application for government information disclosure, and answers or guidance can be provided in accordance with the principle of convenience;
(4) The content of the application belongs to information such as petitions, administrative reconsideration, litigation, archives kept by the State Archives, etc., or activities such as petitions, complaints, and reports are carried out in the form of government information disclosure applications, informing the applicant that it will not be processed as a government information disclosure application, and can be notified to file it through corresponding channels;
(5) If the application content requires the administrative agency to provide government bulletins, newspapers, books and other public publications, the applicant may be informed of the channels to obtain them.
If the information applied for disclosure contains content that should not be disclosed or does not belong to government information, but can be differentiated, the administrative agency shall, after differentiated processing, provide the applicant with the content of government information that can be disclosed, and explain the reasons for the content that cannot be disclosed.
Applicants can choose to obtain government information by mail, electronic data transmission, etc.
The administrative agency shall determine the specific form of providing government information based on the applicant's requirements and the actual situation in which the administrative agency retains government information; if providing government information in the form required by the applicant may endanger the security of the government information carrier or the disclosure cost is too high, it may be provided through other appropriate forms, or arrange for the applicant to review and copy relevant government information.
If citizens, legal persons or other organizations have evidence to prove that the government information records related to themselves provided by the administrative agency are inaccurate, they may request the administrative agency to correct them. If the administrative agency with the power to correct the case is verified and verified, it shall make the correction and inform the applicant; if it does not fall within the scope of its functions, the administrative agency may transfer it to the administrative agency with the power to correct the case and inform the applicant, or inform the applicant to submit it to the administrative agency with the power to correct the case.
The administrative agency shall provide necessary convenient services for the applicant to apply for government information:
(1) Provide a format version of the application form to facilitate citizens, legal persons and other organizations to submit applications;
(2) If the applicant has difficulty describing the document name, document number or exact characteristics of the required government information and consults the administrative agency, the administrative agency shall provide necessary assistance;
(3) Provide necessary assistance to citizens with dyslexia or audio-visual impairment;
(4) If the application content does not belong to government information, if relevant information has been obtained and can be disclosed, it may be provided to the applicant for the convenience of the person;
(5) The content of the application does not belong to the government information that the administrative agency is responsible for disclosing. If relevant information has been voluntarily disclosed, the applicant may be informed of the ways and means to obtain the government information.
District people's governments may establish centralized reception and application windows for their own administrative regions to facilitate citizens, legal persons or other organizations to apply for disclosure of government information.
Administrative agencies provide government information upon application without charging fees. However, if the number and frequency of applicants 'applications for disclosure of government information significantly exceed a reasonable range, the administrative agency may charge an information processing fee. The specific measures for administrative agencies to collect information processing fees shall be implemented in accordance with relevant state regulations.
Article 45 (Work specifications for disclosure in accordance with application)
Administrative agencies shall establish and improve the working system for disclosure of government information based on application, improve the specific work requirements for application registration, review, processing, reply, filing and other work processes, and strengthen work standards.
After receiving the application for government information disclosure, the administrative agency shall promptly register and handle it through the unified government information disclosure business platform.
Municipal and district people's governments shall review and assess the government information disclosure work of people's government departments at the same level and people's governments at the next level. The specific review and assessment work shall be organized and implemented by the competent department of government information disclosure at the same level.
The competent department of government information disclosure can carry out the review work and can entrust a third party to implement it, and can invite deputies to the National People's Congress, members of the CPPCC, and the public to participate. The evaluation results shall serve as one of the assessment bases for the people's government departments at the same level and the people's government at the next level. Relevant assessment results should be included in the scope of performance assessment of administrative agencies and announced to the public.
The competent department for government information disclosure shall strengthen daily guidance, supervision and inspection of government information disclosure work, and report quarterly to the people's government departments at the same level and the people's governments at the next level on the status of government information disclosure work; If the government information disclosure work fails to comply with the requirements, it shall be supervised and rectified or notified of criticism; if it is necessary to hold responsible leaders and directly responsible persons accountable, make handling suggestions to the competent authorities in accordance with the law.
The competent department for government information disclosure shall regularly train government information disclosure staff of administrative agencies.
The municipal people's government department shall establish a regular training mechanism for government information disclosure work within the system and strengthen business training.
Municipal and district people's government departments shall prepare and publish their annual report on government information disclosure work for the previous year before January 31 of each year, and submit it to the competent department of government information disclosure work at the corresponding level. The District People's Government Office shall prepare and publish the District People's Government's annual report on government information disclosure work for the previous year before February 28 of each year. The General Office of the Municipal People's Government shall prepare and publish the annual report of the Municipal People's Government on government information disclosure work for the previous year before March 31 of each year.
The annual report on government information disclosure shall include the following contents:
(1) The situation of administrative agencies taking the initiative to disclose government information, the progress of government information disclosure in key areas, and the interpretation of policies;
(2) The receipt and processing of government information disclosure applications by administrative agencies;
(3) The situation of being applied for administrative review or filing administrative litigation due to government information disclosure;
(4) The main problems existing in the government information disclosure work and the improvement situation. The annual report on the government information disclosure work of the municipal and district people's governments shall also include the results of work assessment, social evaluation and accountability;
Qualified administrative agencies can interpret the annual report on government information disclosure through charts, illustrations, audio and video, etc.
If citizens, legal persons or other organizations believe that administrative agencies fail to voluntarily disclose government information as required or fail to respond to the application for government information disclosure in accordance with the law, they may submit a complaint to the competent department for government information disclosure. If the competent department of government information disclosure verifies that it is true, it shall supervise and rectify it or notify a notice of criticism.
If citizens, legal persons or other organizations believe that administrative agencies have infringed on their legitimate rights and interests in government information disclosure, they may complain or report to the higher-level administrative agency or the competent department in charge of government information disclosure, or they may apply for administrative review or file administrative litigation in accordance with the law.
If an administrative agency fails to establish and improve relevant systems and mechanisms for government information disclosure in accordance with the Regulations and these Provisions, the administrative agency at the next higher level shall order it to make corrections; if the circumstances are serious, the responsible leaders and directly responsible persons shall be punished in accordance with the law.
If an administrative organ encounters any of the following circumstances, it shall be ordered by the administrative organ at the next higher level to make corrections; if the circumstances are serious, the responsible leaders and directly responsible persons shall be punished in accordance with the law; if the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law:
(1) Failure to perform government information disclosure functions in accordance with the law;
(2) Failure to update the disclosed government information content, government information disclosure guidelines and government information disclosure catalog in a timely manner;
(3) Other circumstances that violate the Regulations and these Provisions.
Article 52 (Party Working Organs and Statutory Authorized Organizations)
These Provisions shall apply to the activities of the Party's working organs performing administrative functions according to law and organizations authorized by laws and regulations to manage public affairs to disclose government information.
Article 53 (Information disclosure of public enterprises and institutions)
Public enterprises and institutions closely related to the interests of the people, such as education, health, water supply, power supply, gas supply, heat supply, environmental protection, and public transportation, disclose the information produced and obtained in the process of providing social public services, in accordance with relevant laws, Regulations and the regulations of relevant competent departments or agencies of the State Council; If laws, regulations and relevant competent departments or agencies of the State Council have not yet made provisions, relevant competent departments or agencies of this city may formulate specific operating measures based on actual conditions.
If the archives transferred by an administrative organ to the State Archives in accordance with the law involve government information, they shall inform the State Archives in writing of the disclosure nature of the government information.
These regulations will come into effect on June 1, 2020. Decree No. 2 of the Shanghai City People's Government was promulgated on April 28, 2008, and the "Regulations on the Disclosure of Government Information of Shanghai City" revised and re-promulgated in accordance with Order No. 52 of the Shanghai City People's Government on December 20, 2010 were repealed simultaneously.