Explanation of the Government Information and Government Affairs Disclosure Office of the General Office of the State Council on issues related to the period for government information disclosure
State Council State-owned Assets Supervision and Administration Commission Information Disclosure Office:
We have received the "Letter on Issues Concerning the Request for Clarifying the Procedures for Public Handling in accordance with the Application". With comprehensive reference to the relevant provisions of my country's Procedural Law and information disclosure laws of other countries, combined with the actual information disclosure work, and after soliciting the opinions of the Secretary of the Legislative Affairs Office of the State Council, the General Office of the Supreme People's Court and other units, the reply is as follows:
1. Regarding the determination of the time point for "receiving an information disclosure application"
1. If an applicant submits an application for information disclosure in person, the date of submission shall be the date of receipt of the application.
2. If an applicant submits an application for information disclosure by mail, the date of receipt of the application shall be the date of receipt of the application by the administrative agency.If the applicant submits the information disclosure application by postal means such as plain letter that does not require signature, or sends the information disclosure application to an institution or individual other than the government information disclosure agency of the administrative agency, the government information disclosure agency shall contact the applicant by telephone on the day of actual receipt of the information disclosure application to confirm, and use the confirmation date as the date of receipt of the application. If the applicant does not provide a contact number or the contact number provided cannot be connected, The government information disclosure agency of the administrative agency shall register well, start the processing procedures and start the deadline from the date of resuming contact with the applicant.
3. If the applicant submits the application through the information disclosure application mailbox announced by the administrative agency, the date of receipt of the application will be the date of receipt of the application by the e-mail system.
4. If the applicant submits the application through the fax of the information disclosure application announced by the administrative agency, the date of receipt of the application shall be the date of receipt of the fax and confirmation by both parties.
5. If the applicant submits the application through other receiving channels announced by the administrative agency to the public, the time specified by the administrative agency shall be the date of receipt of the application. If there is no provision, the date of confirmation by both parties shall be the date of receipt of the application.
The information disclosure processing period shall be calculated from the day following the date of receipt of the application.
2. Regarding the issue of stopping calculation of the correction period
If the content of the applicant's application is unclear and the administrative agency informs the applicant to make changes or supplements in accordance with the law, the application processing time limit may stop counting from the date when the correction notice is issued, and the remaining period will continue to be calculated from the date when the applicant's correction materials are received.The day when the correction notice is issued and the day when the correction materials are received from the applicant are not counted.
The administrative agency has clarified a reasonable time limit for submitting supplementary materials in the correction notice. If the applicant fails to submit the supplementary materials within the time limit, it will be deemed to have withdrawn the application for information disclosure.
Government Information and Government Affairs Disclosure Office of the General Office of the State Council
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