Provisions of Shanghai Municipality on Open Government Information

Take from Shanghai Government Website,
http://www.shanghai.gov.cn/shanghai/node8059/Rules&Laws/node15384/userobject6ai1338.html
Provisions of Shanghai Municipality on Open Government Information

(Promulgated on January 20, 2004 by Decree No. 19 of the Shanghai Municipal People’s Government)

Chapter I General Provisions

Article 1 (Purpose and Basis)
With a view to establishing an impartial and transparent administrative system, and ensuring the right to be in the know of the citizens, legal entities and other organizations, so as to protect their own legitimate rights and interests, and supervise the performance by government organs of their functions and duties according to law, these Provisions have been formulated in accordance with relevant provisions of laws and regulations, and in the light of the actual circumstances of this Municipality.　

Article 2 (Definitions)
For the purpose of these Provisions, government information refers to the contents in the possession of government organs related to the economy, social administration and public services and reflected in such carriers as paper, films, magnetic tapes, disks and other electronic storage materials.The government organs, mentioned in these Provisions, refer to the people’s governments at all levels of this Municipality and their working departments, agencies and other organizations that exercise administrative functions and powers according to law.

Article 3 (Principles)
Except those listed under Article 10 of these Provisions that are exempt from being made known to the public according to law, all government information related to the economy, social administration, and public services shall be made known to the public，or made available upon applications.The making known to the public of government information shall follow the principle of being timely and convenience-for-people. Efficiency shall be increased in work and quality services shall be provided.　　

Article 4 (Departments for Organizing the Implementation)
This Municipality shall establish the system of joint meetings of open government information. The Joint Meeting consists of the General Office of the Municipal People’s Government, the Municipal Informationization Commission, the Municipal Supervision Commission, the Legislative Affairs Office of the Municipal People’s Government, the Information Office of the Municipal People’s Government and other relevant government organs, and takes charge of the study and coordination of important issues arising in the process of promoting the making known of government information to the public.The Municipal Informationization Commission shall be responsible for organizing, guiding and promoting the implementation of these ProvisionsThe district (county) informationization commissions shall be responsible for organizing, guiding and promoting the implementation of these Provisions in their respective administrative areas.

Article 5 (Responsible Organs)
A government organ shall designate its special agency for handling matters of open government information of this organ to take charge of the day-to-day work of the open government information in this organ. The specific functions and duties of the agency include:(1) To be responsible for matters related to the making government information known to the public of this organ on its own initiative;(2) To accept and handle applications submitted to this organ for open government information; (3) To keep, maintain and update or to urge the relevant agency of this organ to keep, maintain and update the government information of this organ; (4) To organize the preparation of the guide to the open government information of this organ, the catalogue of government information and the annual work report on the open government information of this organ;(5)Other functions and duties provided by laws, rules and regulations.

Article 6 (Supervisory Departments)
The municipal and district (county) supervisory departments and government legal affairs departments shall be responsible for organizing the supervision, inspection and appraisal of the implementation of the open government information according to their respective functions and duties.

Chapter II Scope of Open Government Information

Article 7 (The Right to Request to Make Information Known to the Public) Citizens, legal entities and other organizations have the right to request, on the basis of these Provisions, government organs to provide them with relevant government information.

Article 8 (The Scope of Government Information to be Made Known to the Public on Initiative)Government organs shall, on their own initiative, make known to the general public the following government information：
(1) With respect to administrative norms and development plans　
1. Rules and regulations of the Municipal Government, normative documents, and other documents related to the economy, social administration and public services formulated by various government organs;
2. Programs and plans of economic and social development, their progress and the status of their fulfillment;　
3. Plannings, including city overall plannings and other categories of city plannings, as well as overall plannings of land use.
(2) With respect to major issues that are closely related to the general public
1. The forecast, occurrence and handling of epidemics, disasters or contingencies that affect the personal and property safety of the general public;
2. Standards and conditions with respect to poverty alleviation, special care and preferential treatment, education, social security, labor and employment as well as their implementation;
3. Approval documents, compensation standards and resettlement plans for land requisition, housing demolition and relocation.　
(3) With respect to the use and supervision of public funds
1. Information on awards of the public tendering procedure for major urban infrastructure projects, and the progress of the projects;
2. Catalogues of items of centralized government procurement, the standards for the ceiling of government procurement, the results of the procurement, and the supervision thereof;
3. Government financial budgets, final accounts and actual expenditures, as well as the result of their audits.
(4) With respect to government organizations and personnel matters
1. The administrative functions of government working departments of all levels and their adjustments and changes;
2. The recruitment, examination and employment of civil servants and the conditions, procedures and results of open selection and appointment of cadres;
(5) Other government information that shall be made known to the public according to laws, rules and regulations.Where laws and regulations provide otherwise on the limits of power to make information known to the public over matters referred to in the preceding Clause, such provisions of laws and regulations shall prevail.

Article 9 (The Making Known of the Draft of Major Decisions to the Public)
If the decisions to be made, the regulations to be formulated, or the plans and programs to be drawn up by government organs involve important interests of citizens, legal entities and other organizations, or have major social impact, the drafting organ or the decision-making organs shall make them known to the general public in the course of their formulation, and solicit fully opinions from the general public.

Article 10 (Scope of Government Information Exempt from Being Made Known to the Public)
The following government information is exempt from being made known to the public：
(1) Classified as State secrets;
(2) Classified as trade secrets or its being made known to the public may lead to the disclosure of trade secrets;
(3) Classified as private, or its being made known to the public may lead to unwarranted violation of the right to privacy;　
(4) Being under investigation or discussion, or in the process of being handled, unless otherwise provided by laws, rules and these Provisions;
(5) Concerns administrative law enforcement, and its being made known to the public may affect the law enforcement activities such as check-ups, investigations, and collection of evidence, or may endanger the personal safety of life;　
(6) Other situations where exemption from being made known to the public is provided by laws and regulations. In case of the following situations, government information listed in Items (2) and (3) of Clause 1 is not subject to the restrictions of exemption from being made known to the public:(1) The owner of the right or the parties concerned agree to its being made known to the public;　(2) The benefits of making it known to the public outweigh the detriment that may result;(3) Its being made known to the public is permitted by the provisions of laws and regulations.Government organs may decide to make known to the public government information listed in Items (4) and (5) of Clause 1， provided its being made known to the public has obvious benefits for the general public and will not cause substantial detriment.

Chapter III Procedures and Forms of Open Government Information

Article 11 (Application)
Citizens, legal entities and other organizations that request the acquisition of government information in accordance with Article 7 of these Provisions may apply to the government organs in possession of the said government information by such means as letters, telegrams, faxes and Emails.　The application shall include the following contents:　
(1) The names, ID certificates and modes of contact of the citizens, legal entities and other organizations;　
(2) Descriptions of the contents of the government information needed.Government organs may provide the applicants with standard application forms, which may not contain contents that are not directly related to the application for open government information.

Article 12 (Reply)
Upon receiving the application, government organs shall make a registration on the spot, and give a written reply in a timely manner, depending on the following circumstances:
(1) In case it falls within the scope of its being made known to the public, the applicant shall be informed of the mode and the channel whereby the said government information may be acquired.
(2) In case it falls within the scope of exemption from being made known to the public, the applicant shall be informed that it shall not be made known to the public.　
(3) In case it is outside the scope of information in the possession of the handling organs, the applicant shall be so informed; where it is possible to identify the organ in possession of the said information, the applicant shall be informed of the mode of contact.
(4) In case the open government information applied for does not exist, the applicant shall be so informed.
(5) In case the contents of information applied for are not definite, the applicant shall be told to modify or supplement the application.

Article 13 (Partial Open)　
If the requested provision of government information contains contents that are exempt from being made known to the public, but can be separately handled, the government organ shall provide those contents that can be made known to the public.

Article 14 (Handling Information that Involves a Third Party)
If the requested provision of government information is covered by Items (2) and (3) of Clause 1, Article 10, of these Provisions and may affect the rights and interests of a third party, unless the third party has consented in writing to the government organ its being made known to the public, the government organ shall seek in writing the opinion of the third party. Failure of the third party to give a reply within the required period shall be deemed as refusal of the provision.

Article 15 (Procedure for Acquiring and Correcting Information of Oneselves)
Citizens, legal entities and other organizations, that request a government organ to provide them with government information that concerns themselves, such as registration, tax payment and social security, shall present their valid ID certificates and submit in person their written applications to the government organ. The written applications shall include the description of the contents of the government information needed, and shall be duly signed or sealed. The government organ shall create conditions to facilitate citizens, legal entities and other organizations in submitting their applications to the government organ via Internet by adopting new technology for on-line identification.　When identifying anything inaccurate, incomplete, inappropriate or irrelevant in the record of the government information concerning themselves, citizens, legal entities and other organizations shall have the right to request the relevant government organs to make corrections thereof in a timely manner. If the handling government organs do not have the authority to make such corrections, they shall refer the matter to the competent organs for handling, and inform the applicants thereof.　In case the State provide otherwise for the inquiry for and provision of information concerning the citizens, legal entities and other organizations themselves, such provisions shall prevail.

Article 16 (Prohibited Acts)
The government information that shall not be made known to the public or shall not be provided as stated in the reply of the government organ to the applicants, shall not be provided in the form of paid services or in a disguised form of paid services，nor may it be provided to the citizens, legal entities and other organizations through any enterprise, any institution and any intermediary organization affiliated to or operationally guided by the government organ in the form of paid services or in a disguised form of paid services.

Article 17 (Specifying Reasons)
When replying to the applicant in accordance with Article 12, Item (2), Article 13, Article 14 and Article 15 of these Provisions, the government organ shall specify the reasons, and, where the reply refuses to provide or correct the information, it shall specify the channel of relief as well.

Article 18 (Time Limit)
A government organ shall provide a written reply to the applications of citizens, legal persons and other organizations within 15 working days from the date of their registration, except that the applications can be replied on the spot.In providing government information to the applicants in accordance with these Provisions, the government organs shall provide it on the spot after the applicant has gone through the application formalities, where it is impossible to provide the government information on the spot, it shall be provided within 10 working days after the applicant has gone the application formalities.　Where it is impossible to give a reply or provide information within the prescribed time limit for justifiable reasons, the time limit for the reply or the provision of information may be appropriately extended upon the approval of the person in charge of the open information agency of the government organ, and the applicant shall be notified thereof in writing. The extension of the time limit shall not exceed 15 working days.

Article 19 (Suspension of the Time Limit)
If it is possible to give a reply to the applicant or to provide the government information to the applicant within the prescribed time limit owing to force majeure or other matters provided by law, the time limit shall suspend till the removal of the obstacles when the calculation of the time limit will be resumed.The government organ shall notify in writing the applicant of the suspension and the resumption of the time limit in a timely manner.　

Article 20 (Forms of Provision according to Application)　
Where conditions permit, a government organ that provides government information according to application may arrange suitable time and place for the applicant to read on the spot or copy by themselves the government information. Upon the request of the applicant, the government organ may provide typing, printing and duplicating services.　When the applicant chooses to acquire duplicated copies of government information by post, courier delivery, faxes or emails, the government organ shall make the provision in the form as requested. Where it is impossible to meet the request owing to technical reasons, the government organ may choose to make the provision in a form that conforms with the characteristics of the said government information.　

Article 21 (Forms of Making Information Known to the Public on Government’s Own Initiative)Government information that shall be made known to the public on the government’s own initiative according to Article 8 of these Provisions shall be made known to the public in a timely manner and in the one or several of the following forms that conform with the characteristics of the said information:　
(1) Government bulletins or other newspapers or magazines;
(2) Government websites on Internet;
(3) Government news briefing, and public media such as broadcasting and TV; 　
(4) Public reference rooms, materials request points, government information bulletin boards, e-display screens and other places and facilities established in the main office premises of a government organ;　
(5) Other forms that provide the public with convenient access to information in a timely and accurate manner.Information made known to the public by a government organ on its own initiative shall be made available to the general public free of charge.

Article 22 (Guides to the Open Government Information and the Catalogues of Government Information)
All government organs shall draw up the guides to the open government information of their own organs.All government organs shall draw up catalogues of open government information of their own organs that falls within the scope of being made known to the public on their own initiative. The catalogues of government information shall contain the titles of the government information, brief descriptions of its basic contents and the dates of its generation.　Government organs that have the necessary conditions may draw up step by step the catalogues of government information of their own organs that falls within the scope of being made known to the public upon application.Government organs shall regularly update the guides to the open government information of their own organs and the catalogues of government information within the scope of the information being made known to the public on their own initiative, and make them available to the general public to look up through such channel as the government websites.

Article 23 (The Making-known of Regulations and Normative Documents to the Public)
Regulations and normative documents of the Municipal People’s Government shall be made known to the public on the government websites on Internet within 30 days of their promulgation, and at the same time on the bulletins of the Municipal People’s Government. Other additional forms of making them known to the public may be adopted.Normative documents of other government organs shall be made known to the public on the government websites on the Internet within 30 days of their promulgation. At the same time, other additional forms of making them known to the public may be adopted.

Article 24 (Distribution and Looking-up of Bulletins of the Municipal People’s Government)
Bulletins of the Municipal People’s Government shall be delivered to the designated newspaper stands, bookshops, post offices and other free distribution points in a timely manner so as to make them readily available to the general public.Bulletins of the Municipal People’s Government shall be made available at appropriate places in district (county) government office premises, the municipal and district (county) archives and public libraries for the convenient and free access of the public.　

Article 25 (The System of Government Information Spokespersons)
The municipal and district (county) governments shall establish and perfect the system of government information spokespersons who shall make government information known to the general public on behalf of the governments of different levels respectively.The departments of the Municipal People’s Government shall establish the system of government information spokespersons of their own departments according to their actual needs.　

Article 26 (Establishment of Places for Public Consultation)
In accordance with the need of the provision of services for looking up government information, government organs with the necessary conditions shall establish public consultation rooms or public consultation points equipped with appropriate facilities so as to provide conveniences for the general public in retrieving, inquiring and duplicating relevant government information.

Article 27 (Charges)
When providing government information to citizens, legal entities and other organizations upon application, government organs may collect charges for costs and expenses actually incurred in connection with the retrieval, duplicating, mailing and courier services. The rates of charges shall be uniformly established by the competent municipal financial and price control departments, and all the payments of charges received shall be turned in to the finance. Applicants who, according to relevant provisions of this Municipality, belong to the low-income bracket may be exempted from the payment of such charges upon their personal application, subject to the examination, verification and approval by the person in charge of the open government information agencies of the government organs.Where laws and regulations provide otherwise on the collection of charges, such provisions shall prevail.

Article 28 (Guidance)
Government organs shall make known to the general public the names, office addresses, office hours, contact telephone numbers, fax numbers and Email addresses of the agencies of their own organs in charge of matters related to the open government information, so as to provide conveniences for citizens, legal entities and other organizations in seeking advice on matters related to the open government information.　

Article 29 (Help)
The government organs shall provide the necessary help to handicapped and illiterate applicants who have difficulties in reading.

Chapter IV Supervision and Relief

Article 30 (Annual Reports)
The Municipal Informationization Commission shall issue an annual report on open government information in this Municipality before March 31 every year, and the annual report shall include the following contents:
(1) Initiatives taken by government organs in making government information known to the public;　　
(2) Statistics on applications by citizens, legal entities and other organizations for open government information;
(3) Statistics of the classification of cases where government organs agree to make known to the public, to partially make known to the public and exemption from being made known to the public;
(4) Statistics of cases of applications for reconsideration, lawsuit, and complaints filed in connection with open government information, and the results of their handling;
(5) The major existing issues and schemes for their improvement;　
(6) Other important matters that shall be reported.　

Article 31 (Legal Liability)
Any government organ that violates these Provisions under any of the following circumstances shall be ordered by the Municipal Informationization Commission to make corrections; in serious cases, the supervisory departments or the competent administrative department may impose administrative disciplinary punishment according to law on the chief person in charge held directly liable and other liable personnel:　
(1) Failure to perform the obligations to make known to the public on their initiative or update in a timely manner the contents made known to the public on its own initiative;　
(2) Failure to provide or update in a timely manner the guide to the work process and the catalogue of government information of its own organ;
(3) Concealing from or refusing to provide to the applicants that meet the prescribed conditions the government information that shall be made known to the public;
(4) Failure to perform its obligation to inform, resulting in the infringement of the legitimate rights and interests of a third party;　　
(5) Refusal to correct the personal information concerning the applicant according to law;　
(6) Collection of charges in violation of regulations.

Article 32 (Ways of Relief)
If citizens, legal entities and other organizations believe that a government organ fails to perform their obligations according to law in connection with the open government information, they may file complaints with the supervisory organ or the government organ at a higher level. The organ that receives such complaints shall investigate and handle such complaints.　　In case citizens, legal entities and other organizations believe that the specific administrative acts of government organs are in violation of these Provisions and infringe their legitimate rights and interests, they may apply for administrative reconsideration in accordance with law, and, in case that they do not agree with the decisions of the administrative reconsideration, may file administrative actions according to law. Citizens, legal entities and other organizations may also directly file administrative actions with the people’s courts in accordance with law.

Article 33 (Compensations)
In case the specific administrative acts of a government organ that is in violation of these Provisions cause economic losses to the applicants or third parties, the applicants or the third parties may claim compensations in accordance with law.

Chapter V Supplementary Provisions

Article 34 (Guarantee of Funds)
Government organs shall bring the funds for the open government information into their annual budget so as to ensure the normal conduct of the activities related to the open government information. Article 35 (Handling of Normative Documents that have not been Made Known to the Public)Valid normative documents of government organs that shall be made known to the public under these Provisions, but were not made known to the public according to law before the implementation of these Provisions, shall be made known to the public on the government website on the Internet within 6 months from the date of the implementation of these Provisions, and at the same time they may also be made known to the public in other appropriate forms.

Article 36 (Time Limit for the Preparation and Making Known to the Public of Guides and Catalogues)
Within six months from the date of the implementation of these Provisions, all government organs shall, in accordance with the provisions of Article 22 of these Provisions, prepare and make known to the public the guides of their own organs to the open government information and the catalogue of government information that shall be made known to the public on their own initiative.

Article 37 (Detailed Rules of Implementation)
Government organs may formulate detailed implementation rules suitable to their own organs in accordance with these Provisions.

Article 38 (Effective Date)
Theses Provisions shall become effective on May 1, 2004."> " title="permanent link">#