Provisions of Shanghai Municipality on Government Information Disclosure were adopted at the 82^nd Routine Meeting of the Municipal People’s Government on April 13, 2020, and are hereby promulgated. They shall be effective as of June 1, 2020.

Acting Mayor: Gong Zheng

April 26, 2020

Provisions of Shanghai Municipality on Government

Information Disclosure

(Promulgated by Decree No. 32 of Shanghai Municipal People’s Government on April 26, 2020)

 

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to ensuring that citizens, legal persons and other organizations legally have access to government information, improving the transparency of government work, promoting the government’s legal administration, serving better people’s work, life and economic and social activities, and building a law-based and service-oriented government, these Provisions are formulated in accordance with the Regulations of the People’s Republic of China on  Government Information Disclosure (hereinafter referred to as the Regulations) and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)

The government information as mentioned in these Provisions means the information that is produced or obtained by administrative organs in the process of performing administrative functions, and recorded and preserved in certain forms.

Article 3 (Principles)

When an administrative organ makes public government information, it shall adhere to the principles of justice, fairness, legality, convenience and timeliness by taking openness as the norm and not making it public as the exception.

Article 4 (Organization and Leadership)

The people’s governments at all levels of this Municipality shall strengthen the organization of and leadership over the work of government information disclosure, establish and perfect a coordination and promotion mechanism of the work of government information disclosure, gradually increase the contents of government information to be disclosed, and enhance supervision over the work of government information disclosure.

Article 5 (Competent Departments)

The General Office of the Municipal People’s Government is the competent department in charge of government information disclosure work of this Municipality and shall be responsible for promoting, guiding, coordinating and supervising the government information disclosure work in this Municipality and for formulating relevant work norms.

The general offices of the district/county people’s governments are the competent departments of the government information disclosure of their respective administrative areas and shall be responsible for promoting, guiding, coordinating and supervising the disclosure of government information within their respective administrative areas.

Article 6 (Agencies)

The municipal and district people’s governments, their working departments and the town/township people’s governments shall establish and perfect their respective system of government information disclosure and designate agencies (hereafter referred to as the agencies of government information disclosure) to take charge of the day-to-day work of government information disclosure in their respective organs.

The main duties of the agency of government information disclosure are:

1. undertaking the specific matters related to the disclosure of the government information of this organ on its own initiative, and maintaining and updating the government information  disclosed by this organ on its own initiative;

2. accepting and handling the applications for the disclosure of government information that are submitted to this organ;

3. examining, determining and categorizing the official documents produced by this organ.

4. conducting examination of the government information to be disclosed;

5. negotiating and confirming with relevant organs if the government information involves the said organs;

6. organizing the drawing up of the open government information guide, the open government information catalogue and the annual report on government information disclosure work in this organ;

7. organizing and carrying out analysis and research on the work of government information disclosure of this organ, and giving opinions and suggestions on improving the work of information disclosure; and

8. performing other duties related to the disclosure of government information as prescribed by this organ.　　　　

The government information disclosure organs of municipal administrative departments may formulate specific norms for the government information disclosure work, for agencies dispatched by them, and agencies set up therein, and incorporate them into their guidelines for the disclosure of government information, and publish them to the public.

Article 7 (Expert Committee)

The General Office of the Municipal People’s Government shall establish an expert committee for government information disclosure, composed of experts from colleges and universities, science research institutions and relevant departments and units.

The expert committee for government information disclosure shall be responsible for demonstrating and analyzing the major issues in the work of government information disclosure, conducting research on the difficult issues arising in the process of government information disclosure upon applications in this Municipality, and putting forward their opinions and suggestions on the work of government information disclosure.

Article 8 (Handling False and Incomplete Information)

The administrative organs shall promptly and accurately disclose government information.

If an administrative organ discovers false or incomplete information that affects or may affect social stability or disturbs the order of social and economic management, they shall report that to the people’s government at the same level or to the administrative organ at the next higher level, and release accurate and complete government information in a timely manner to clarify it.

Article 9 (Standardization and Normalization)

Administrative organs should strengthen the standardization and normalization of government information disclosure, sort out disclosure matters, compile disclosure standards, standardize the process of information disclosure, perfect the way of disclosure, and continuously raise the level of government information disclosure.

Article 10 (Strengthening Informatization)

The people’s governments at various levels shall strengthen the informatization of government information disclosure, promote the integration of government information disclosure with the online government affairs services through the “Integrated Online Platform”, continuously improve the channels for government information disclosure, and ensure that citizens, legal persons and other organizations have timely and convenient access to government information.

Article 11 (Guarantee of Funds)

Government organs shall bring the funds for the government information disclosure work into their annual department budget so as to ensure the normal work related to government information disclosure.

 

Chapter II  Subject and Scope of Information Disclosure

Article 12 (Subject of Information Disclosure)

The government information produced by an administrative organ shall be made public by this organ. The government information obtained from citizens, legal persons and other organizations by administrative organs shall be disclosed by the administrative organ that keeps the said information; the government information obtained by the administrative organ from other administrative organs shall be made public by the administrative organ that produces or initially obtains the government information. Where laws or rules provide otherwise for the authority of the disclosure of government information, such provisions shall apply.

Where a branch or an internal institution set up by an administrative organ performs administrative functions in its own name externally in accordance with laws, rules or regulations, the said branch or institution may be responsible for the government information disclosure related to the administrative functions performed thereby.

Where an administrative organ is canceled or its administrative function is changed, the administrative organ that takes on the its functions and powers shall be responsible for disclosure of the government information of the original organ or involved in its administrative function; if there is no successor organ, the administrative organ that makes the decision of cancellation or alteration of its functions shall be responsible for disclosing the government information of the original organ or involved in its administrative function.

Article 13 (Open Government Information Guides and Catalog)

Administrative organs shall, according to the provisions of Article 12 of the Regulations,  prepare their own guidelines for government information disclosure and a catalogue of open government information, which shall be published to the public via such channels as the government portal websites and updated in a timely manner.

The guideline for government information disclosure shall be standard clear and easy to understand, and the catalogue of open government information shall be scientifically classified and complete, so as to facilitate public retrieval and inquiry.

Article 14 (Coordinating Mechanism for Information Disclosure)

Administrative organs shall establish and perfect the coordinating mechanism for the disclosure of government information.

In any of the following circumstances, an administrative organ shall have communication and confirmation thereon with other relevant administrative organs to ensure the government information disclosed by the administrative organ is accurate and consistent:

1. Prior to disclosing the government information, the administrative organ knows that such government information involves other administrative organs; or

2. The government information involves two or more administrative organs, but is inconsistent in content with the government information that has been disclosed by the relevant administrative organs.

Where relevant administrative organs hold different views about the content of the government information to be released, but the content of the government information can be differentiated by the duties and powers of administrative organs, the matter shall be handled according to the opinions of the organ with authority; if the content of the government information cannot be differentiated by the duties and powers of administrative organs, the matter shall be submitted to their common superior administrative organ for a decision.

If the government information to be disclosed by an administrative organ needs to be approved in accordance with laws, administrative rules or relevant provisions of the State, it may be disclosed upon being approved.

Article 15 (Scope and Way of Disclosing)

Except the government information provided in Articles 16 and 17 of the Provisions herein, government information shall be disclosed.

Administrative organs’ disclosure of government information may take the way of  disclosure on initiative and disclosure upon application.

Article 16 (Cases of Exemption from Being Disclosed)

The following government information shall be exempt from being disclosed:

1. the government information determined as state secrets according to law;

2.the government information prohibited from being disclosed by laws or administrative regulations;

3. the government information which may endanger state security, public security, economic security or social stability if disclosed; and

4. the government information involving trade secrets or personal privacy that may cause harm to the legitimate rights and interests of the third party, unless the third party consents to  disclose it or the administrative organ believes that non-disclosure may cause a major impact on the public interests.

Where the administrative organ decides to exempt the government information from being  disclosed according to the provisions in Item 3 of the preceding Paragraph, it shall submit a written report to the General Office of the Municipal People’s Government.

Article 17 (Information on Internal Affairs, Process Information and Information on Administrative Law Enforcement Files)　

Administrative organs’ information on internal affairs,including human resources management, logistics management and internal work flow, may be exempt from being  disclosed.

The process information such as discussion records, draft process, consultation letters and request reports formed in the process of administrative organs’ performing their administrative functions may be exempt from being opened. Where laws, rules or regulations provide that the above-mentioned information shall be opened, such provisions shall prevail.

Where the information on internal affairs and the process information listed in the preceding two paragraphs have already caused direct impact on a citizen, legal person or other organization and functions as the basis of the administrative organ’s administration, they shall be disclosed.

Article 18 (Examination Mechanism of Information Disclosure)

Administrative organs shall establish and perfect the examination mechanism for the government information to be disclosed and make clear the procedure and responsibility of the examination.

When preparing official documents, the administrative organs shall identify, examine and define the category of the documents, and shall give reasons if the information is ascertained to be kept undisclosed.

Before disclosing government information, administrative organs shall examine it according to the Law of the People’s Republic of China of Keeping Confidentiality of State Secrets, other laws and regulations, and relevant provisions of the State. Where an administrative organ cannot determine whether certain government information can be made public or not, it shall, according to laws, regulations and relevant provisions of the State, report that to a relevant competent department or the administrative department of confidentiality for a decision.

Article 19 (Dynamic Adjustment Mechanism)

Administrative organs shall establish and perfect the dynamic adjustment mechanism for government information administration.

Administrative organs shall conduct regular assessment and examination of their own organ’s government information that has remained undisclosed and that has been disclosed upon application, and shall make public the undisclosed government information which may be disclosed due to the change of circumstances; if the government information to be disclosed upon application is determined to be disclosed on initiative, the administrative organ shall disclose it voluntarily on its own initiative.

Where several applicants apply to the same administrative organ for disclosing of the same government information and have obtained it, the administrative organ may include the said government information into the category of disclosure on initiative.

Where an applicant believes the government information which is determined to be disclosed upon application involves the adjustment of public interests and requires extensive public understanding or public participation in decision-making and thus suggests that administrative organ include the said information into the category of disclosure on initiative, and the administrative organ believes upon examination that it belongs under the category of disclosure on initiative, it shall disclose the information voluntarily in a timely manner.

 

Chapter III  Disclosure on Initiative

Article 20 (Scope of Disclosure on Initiative)

Besides the provisions of Articles 20 and 21 of the Regulations, administrative organs shall also disclose the following government information automatically:

1. the 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 the transaction of State-owned property rights;

2. the government information in the field of social welfare undertakings such as comprehensive rural support, social relief and aid, social welfare, basic medical and health service, disaster relief, and public culture and sports;

3. the list of powers, the list of responsibilities, the negative list and the information of dynamic adjustment;

4. the list of basic public service items,and service standards;

5. the catalogue of annual major matters of administrative decision-making;

6. the information on the initiation of the government’s practical projects and their implementation;

7. the information of administrative punishment decisions that shall be made public according to the relevant provisions of this Municipality;

8. the information considered to be the direct basis of administrative law enforcement and administration; and

9. other government information that shall be disclosed voluntarily as provided by the State and this Municipality.

Article 21 (Channels of Disclosure)

Administrative organs shall disclose government information via such channels as the government gazettes, government websites or other internet government media, press  conferences, places for government information access, newspapers and journals, radio and television.

Article 22 (Government Gazettes)

The municipal and district/county people’s governments shall establish and perfect the system of government gazettes.

The regulations of the Municipal People’s Government and the normative administrative documents formulated by the municipal and district people’s governments shall be published in full text in the gazettes of the people’s government at the same level in a timely manner. The normative administrative documents formulated by the municipal and district people’s governments may be published in full text in the gazettes of the people’s government at the same level. As for the government regulations or important policy documents involving a wide range, closely related to people’s livelihood, with a high degree of social concern or strong professionalism, supporting interpretation materials may be published as well.

Government gazettes shall be distributed to the general public free of charge and be made readily available at the State Archives and public libraries for the free access by the public.

The municipal and district people’s governments shall adapt themselves to the development trend of mobile internet, issue electronic government gazettes suitable for the exhibition in mobile platforms convenient for the inquiry and use by the public.

Article 23 (Government Websites)

Administrative organs shall rely on government portal websites to release in a unified and centralized manner the government information disclosed on their own initiative. The said websites shall enhance their functions of information retrieval, access and downloading.

In respect of the government information that falls within the the category of disclosure on initiative, the administrative organ shall disclose such government information on its own website; if this organ has not established its own government website yet, it shall disclose the information via the government websites of the people’s government at the same level or the administrative organ at a higher level.

Article 24 (Other Internet Government Media)

Administrative organs shall strengthen the construction and administration of other internet government media.

As for disclosure of government information that involves major public interests, the administrative organ shall push it to the government new media platform such as government Weibo and Wechat and mobile client in a timely manner, and issue it in a form convenient for public awareness.

Article 25 (Press Conference)

Administrative organs shall promptly release information about major public events, public early warning messages and other government information that should be known by the general public in time by means of issuing authoritative information, holding press conferences and accepting media interviews.

Article 26 (Places of Access to Government Information)

The municipal and district people’s governments shall set up government information access places in State Archives and public libraries and provide appropriate facilities and equipment

Administrative organs with better conditions shall establish places and facilities such as public reading rooms, materials request points, information bulletin boards and electronic information screens to disclose government information.

District administrative service centers shall set up a special area for government information access and the community service centers with better conditions may provide corresponding facilities and equipment to facilitate public access to government information..

Administrative organs shall promptly provide the State Archives and public libraries with open government information disclosed on initiative.

Article 27 (Time Limit for Disclosure on Initiative)

The government information that falls within the scope of disclosure on initiative shall be made public in time within 20 working days from the the date on which the government formation is formed or changed, except where the laws and regulations provide otherwise.

Where laws, rules or regulations provide or the administrative organ promises to disclose certain information within less than 20 working days, it shall be disclosed according to the time limit prescribed in relevant provisions or the promise.

 

Chapter IV  Disclosure upon Application

Article 28 (Applying for Disclosure of Government Information)

Except the disclosure government information on initiative, citizens, legal persons or other organizations may apply for acquiring the relevant government information from the people‘s governments at all levels of this Municipality, the people‘s governments at or above the district level, the branches and internal institutions that perform the function of administration in their own names.

Article 29 (The Filing of Application)

Where citizens, legal persons or other organizations apply for acquiring government information, they may file the application to the agency for government information disclosure of the administrative organ in written form including letters and electronic messages. If an applicant truly has difficulty in taking the written form, he/she may file the application orally and the working personnel of the administrative organ that accepts the application shall fill out for the applicant the application, which shall be confirmed by the applicant by way of signing or sealing.

The application for disclosure of government information shall include the following:

1. The name or unit name, identity paper and contact information of the applicant;

2. The name or reference number of the government information intended to be disclosed, or other characteristic descriptions by which the given government information can be  identified by the administrative organ; and

3. The way that the applicant wants the government information to be disclosed, including the ways and means of acquiring it.

Where citizens, legal persons or other organizations file an application for the disclosure of government information by way of mail or fax, they may note the words “application for open government information” on a conspicuous place of the envelope or fax.

Article 30 (Determination of the Application Time)

The time for an administrative organ’s receipt of an application for government information disclosure shall be determined according to the following provisions:

1. If the applicant submits the application via the internet channel defined by the administrative organ, the date of receipt of the application shall be the date on which the application is systematically prompted for successful submission;

2. If the applicant submits the application for government information disclosure via a registered letter or other modes of post, the date of signature for receipt acknowledgement by the administrative organ is the date of application receipt; if the applicant submits the it via an ordinary letter or other modes of post that require no signature for receipt acknowledgement, the agency for government information disclosure shall confirm with the applicant on the day of application receipt, and the day of the confirmation is the day of application receipt;

3. If the applicant submits the application for government information disclosure in person,  the administrative organ shall issue a written confirmation on the receipt of the application; and

4. If the application submits the application for government information disclosure via the fax provided by the agency for government information disclosure, the date of confirmation by both parties is the date of application receipt.

Where the time of application receipt needs to be confirmed with the applicant, but the applicant does not provide his/her phone number or the phone number provided can’t be connected, the date of receipt registration by the administrative organ is the date of application receipt.

Article 31 (One Application for One Matter)

One government information disclosure application in principle corresponds to one single matter.

If the government information required by one application is produced or preserved in multiple categories or items by multiple administrative organs, the administrative organ may require the applicant to adjust his/her application according to the principle of “one application for one matter” and to resubmit the applications within a reasonable time limit.

Where an applicant files more than one application to the same administrative organ for disclosing of government information with similar content in respect of one specific matter and the administrative organ can’t reply until splitting the existing information, the administrative organ may require the applicant to appropriately classify the applications and to resubmit the applications within a reasonable time limit.

The time limit for reply shall be calculated from the date of re-submission receipt by the administrative organ. Where the applicant does not resubmit the application as required, the application shall be deemed as being waived, and the administrative organ shall no longer process the application for government information disclosure.

Article 32 (Application Modification or Supplementation)

In case the content of the application for government information disclosure does not conform to the provisions in Paragraph 2 of Article 29, the administrative organ shall offer full and complete guidance and explanation, and notify the applicant at one time within seven working days from the date of application receipt to modify or supplement the application, stating the matters requiring the modification or supplementation and the reasonable time limit for that. The time limit for reply shall be calculated from the date when the administrative organ receives the modified or supplemented application.

If the modified or supplemented application does not meet the requirements or still cannot identify certain government information, the administrative organ may determine the government information required, by means of face-to-face or telephone communication with the applicant,; if it still cannot be determined, the administrative organ shall notify the applicant in writing that the content applied for are not clear and thus the said application for government information cannot be processed.

If the applicant fails without valid reason to make the modification or supplementation within the time limit, the application shall be deemed as being waived, and the administrative organ shall no longer handle the said application for public disclosure of government information.

Article 33 (Third-party Consultation)

Where the government information an applicant requested may damage the legitimate rights and interests of a third-party, the administrative organ shall seek the opinions of the third-party in writing. The third party shall give his/her/its opinions within 15 working days from the date of receipt of the request for opinions. 

In respect of the third-party opinions, the administrative organ shall deal with them according to the following provisions:

1. If the third party consents to disclosing the information, the administrative organ shall disclose it;

2. If the third party does not consent to disclosing the information with valid reason, the administrative organ shall not disclose it;

3. If the third party does not consent to disclosing the information without valid reason, or does not give an opinion within the prescribed time limit, the administrative organ shall decide whether to disclose the information according to the provisions of the Regulations and these Provisions; and

4. If the third party does not consent to disclosing the information and fails to give an opinion within the prescribed time limit, but the administrative organ believes that non-disclosing may cause a major impact on the public interests, it may decide to open the information and notify the third party in writing of the content of the government information it decides to disclose and the reason for disclosing it.

Article 34 (Consultation between Joint Issuing Organs)

Where the government information applied for disclosure is produced jointly by two or more administrative organs, but is not processed for classification or needs to be reclassified, the leading administrative organ shall, after receiving the application for disclosure of government information, seek the opinions of the relevant administrative organs. The organ being consulted shall give its opinions within 15 working days from the date of receipt of the letter of request; if no opinion is given within the time limit, it shall be deemed as consenting to disclosure. If the joint issuing organs have inconsistent opinions, they shall submit it to their common administrative organ at a higher level for a decision.

Article 35 (Time Limit for Reply on Information Disclosure Application)

An administrative organ shall, upon receipt of the application for disclosure of government information, give a reply on the spot if it is able to do so; where it is impossible to provide a reply on the spot, it shall provide the reply within 20 working days from the date of receipt of the application. If the administrative organ needs an extension of the time limit for the reply, the consent of the person in charge of the agency of government information disclosure shall be obtained, and the applicant shall be so informed. The extension period shall not exceed 20 working days.

The time needed by an administrative organ to solicit the opinions of the third party or other organs shall not be calculated within the time limit for reply as provided in the preceding paragraph, but the administrative organ shall notify the applicant of the time limit and reason for opinion solicitation. 

Article 36 (The Number and Frequency of Applications Obviously Exceeding Reasonable Scope)

Where the number and frequency of the applications for government information disclosure by an applicant obviously exceeds the reasonable scope, the administrative organ may require the applicant to state the reason within a reasonable time limit. If the applicant fails to state the reason, the application shall be deemed as being waived. If the administrative organ believes the reason for the applications is not justifiable, it shall notify the applicant of non-handling; if it believes the reason for the applications is justifiable but can’t reply to the applicant within the time limit provided in Article 35, it may determine a reasonable time limit for reply extension and so inform the applicant.

Where the administrative organ notifies the applicant of non-handling by applying to the provisions of the preceding Paragraph, it shall report that to the General Office of the Municipal People’s Government in writing.

Article 37 (Withdrawal of Application)

Where an applicant applies for withdrawing his/her application for disclosure of government information, the administrative organ shall terminate the handling of the application for open government information from the date of receipt of the application for withdrawal.

Article 38 (Reply)

With respect to the application filed by citizens, legal persons or other organizations for government information disclosure, the administrative organ shall give separate replies according to the following provisions:

1. In case the government information has been disclosed on initiative, the applicant shall be informed of the ways and means of obtaining the government information;;

2. In case the government information may be disclosed, the applicant shall be provided with the said information or be notified of the ways, means and time to obtain the said information;

3. In case the administrative organ decides according to law not to disclose the government information applied for, the applicant shall be so informed and given an explanation of reasons;

4. In case the government information applied for disclosure does not exist upon retrieval, the applicant shall be so informed and given an explanation of the case;

5. In case the government information applied for disclosure does not fall within this organ’s responsibility for disclosure, the applicant shall be so informed and given an explanation of reasons; if the organ responsible for the disclosure of such government information can be ascertained, the applicant shall be informed of the name and the contact information of the said administrative organ.

6. In case an administrative organ has already given a reply to an applicant in respect of a filed application for government information disclosure, but the applicant repeatedly applies for disclosure of the same government information, the applicant shall be informed that the application will not be re-handled; and

7. In case the information applied for belongs to information of industry and commerce or real estate registration materials, and relevant laws or administrative rules have special provisions on the acquisition of the said information, the applicant shall be informed that it shall be handled in accordance with the relevant laws or administrative rules.

Article 39 (Special Cases)

Where the application falls in any of the following circumstances, the administrative organ shall deal with it accordingly:

1. In case the information applied for does not belong to the government information referred to by the provisions herein, the applicant shall be so informed and given an explanation of the case;

2. In case the government information applied for needs the administrative organ to process and analyze the existing government information, it may not be provided;

3. In case the applicant intends to make an inquiry or to request the administrative organ to answer specific questions in the form of applying for government information disclosure, he/she shall be informed that it shall not be handled as an application for government information disclosure, and a reply or guidance may be made according to the principle of convenience for people;

4. In case the application involves such information as petition, administrative  reconsideration, lawsuit, or archives kept by the State Archives, or such activities as petitions, complaints or accusations are conducted in the form of application for government information disclosure, the applicant shall be informed that they shall not handled as an application for government information disclosure and that they can be made via corresponding channels; and

5. In case the applicants apply to administrative organs for open publications such as government gazettes, newspapers and books the administrative , the applicant may be informed of the channels for acquiring them.

Article 40 (Distinction)

In case the government information applied for disclosure contains content that shall not be  disclosed or do not belong to government information, but may be handled through differentiation, the administrative organ shall, after handling through differentiation, provide the applicant with the government information that may be disclosed,and explain the reason for which some content can’t be disclosed.

Article 41 (Forms of Acquisition and Information Carrier)

The applicant may choose to acquire the government information by such means as post or electronic data transmission.

The administrative organ shall determine the specific form of providing the government information,with regard to the applicant’s request and the actual state of the information stored; where the providing of government information according to the applicant’s request may endanger the security of government information carrier or the disclosure incurs too high a cost, the administrative organ may provide the information in other suitable forms or arrange for the applicant to come in to consult or copy relevant government information.

Article 42 (Correction of information)

Citizens, legal persons or other organizations have evidence showing that the government information provided by the administrative organ is not accurate, they may request the administrative organ to make corrections. If the administrative organ that has the authority to make the corrections finds it true upon examination, it shall make the corrections and inform the applicant thereof; if it does not fall within the scope of authority of the administrative organ itself, it shall refer the case to the administrative organ with such authority for handling, and the applicant shall be so informed, or the applicant shall be informed to make a request to the administrative organ with the authority for correction.

Article 43 (Convenience Service)

An administrative organ shall provide necessary facilities for the applicant to apply for government information:

1. An administrative organ shall provide the application format, to facilitate the application of citizens, legal persons and other organizations ;

2. If an applicant has difficulty in describing the document name and reference number or exact characteristics of the needed government information and consults the administrative organ, the administrative organ shall provide necessary assistance;

3. An administrative organ shall provide necessary assistance for citizens with a reading or visual-audio difficulty; and

4. If the information applied for does not belong to government information and relevant information has been obtained and may be made public, it may be provided to the applicant for convenience.

If the information applied for does not belong to the government information which the administrative organ itself is responsible for making public,and if relevant information has been made public already, it may inform the applicant of the ways and means of acquiring the said government information for convenience.

The district people’s government may set up a window for centralized acceptance of applications within their respective administrative areas to facilitate citizens, legal persons or other organizations to apply for disclosure of government information.

Article 44 (Fees)

An administrative organ shall not charge fee for providing government information upon application. However, if the number and frequency of an applicant’s application for government information disclosure obviously exceed the reasonable scope, the administrative organ may  charge an information processing fee. The specific procedures for administrative organs to collect  information processing fees shall follow relevant state provisions.

Article 45 (Norms for the Work of Disclosure upon Application)

Administrative organs shall establish and prefect the system for the work of disclosure of government information upon application, perfect the specific work requirements for work flow such as registration, examination, processing, reply and archiving of the application, and strengthen the work norms.

Upon receiving an application for government information disclosure, an administrative organ shall promptly register and handle it via a unified work platform for government information disclosure.

 

Chapter V  Supervision and Guarantee

Article 46 (Public Appraisal and Work Assessment)

The municipal and district people’s governments shall conduct public appraisal and work assessment on government information disclosure work of the government departments at the same level and the people’s governments at the next lower level. Specific public appraisal and work assessment shall be organized and carried out by the competent department of government information disclosure at the same level.

The competent department of government information disclosure may entrust a third party to  carry out public appraisal, and may invite representatives of the people’s congress, members of the CPPCC and social public to participate. The result of public appraisal shall be taken as one of the work assessment bases for the government departments at the same level and the people’s governments at the next lower level. Relevant work assessment shall be included into the performance assessment of administrative organs and shall be published.

Article 47 (Work Supervision)

The competent department of government information disclosure shall strengthen daily guidance,supervision and inspection over the government information disclosure work, issue, quarterly, a report on the government information disclosure work of the departments of the people’s governments at the same level and of the people’s government at the next lower level; supervise and rectify it or circulate a notice of criticism if the work of government information disclosure is not carried out in accordance with the requirements; make recommendations to the competent authorities according to law if it is necessary to investigate the responsibility of the leader and the person directly responsible.

Article 48 (Training)

The competent department of government information disclosure work shall train on a regular basis the government information disclosure staff of administrative organs.

The departments of the Municipal People’s Government shall establish and perfect the regular training system for the government information disclosure work of their own systems, and strengthen professional training. 

Article 49 (Annual Reports)

The departments of the municipal and district people’s governments shall prepare and publish an annual report on their own organs’ government information disclosure work of the last year by January 31 every year, and submit it to the competent departments in charge of government information disclosure at the same level. The general office of the district people’s government shall prepare and publish an annual report on the district people’s government’s information disclosure work of the last year by February 28 every year. The General Office of the Municipal People’s Government shall prepare and publish an annual report on the Municipal People’s Government’s information disclosure work of the last year by March 31 every year.

The annual report on government information disclosure work shall include the following :

1.The work done in respect of disclosing of government information on initiative, the progress made in government information disclosure work in key fields, and the interpretation of policies;

2. Analysis of the applications the administrative organs received for information disclosure

3. Analysis of cases of administrative review arising from the work involving applications for information disclosure;

4. Major existing problems concerning government information disclosure and their improvement, and the municipal and district people’s governments’ annual report of government information disclosure work shall also include the results of work assessment, social appraisal and responsibility investigations; and

5. Other important matters that shall be reported.

The administrative organs with better conditions may interpret the annual report on government information disclosure work in such forms as chart diagrams, and audio and video clips.

Article 50 (Social Supervision and Remedies)

If citizens, legal persons or other organizations believe that an administrative organ has failed to disclose government information on initiative as required by law or has failed to reply or to handle applications for government information disclosure in accordance with law, they may report the matter to the competent department of government information disclosure. If the competent department of government information disclosure finds it to be true upon investigation, it shall make sure that the problem is rectified or circulate a notice of criticism.

If citizens, legal persons or other organizations believe that an administrative organ in the process of disclosing government information infringe their legitimate rights and interests, they may make a complaint or report it to the administrative organ at the next higher level or the competent department of government information disclosure, and may also apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

Article 51 (Accountability)

Any administrative organ that fails to establish and perfect the relevant system and mechanism for government information disclosure according to the provisions shall be ordered by the administrative organ at the next higher level to make corrections. If the case is serious, administrative punishment shall be imposed on the leader responsible and the person(s) directly responsible in accordance with law.

An administrative organ in any of the following circumstances shall be ordered by the supervisory organ at the next higher level to make corrections. In serious cases, administrative punishment shall be imposed on the leader responsible and the person(s) directly responsible in accordance with law; if the act constitutes a crime, criminal responsibility shall be investigated according to law:

1. failure to perform the function of government information disclosure in accordance with law;

2. failure to update in a timely manner the government information, the guidelines for the disclosure of government information and the catalogue of open government information; or

3. any other violation of the Regulations and provisions herein.

 

Chapter VI  Supplementary Provisions

 

Article 52 (Party Agencies and Legally Authorized Organizations)

These Provisions shall apply to the activities of the Party’s working organs performing administrative functions in accordance with the law and the organizations authorized by laws and rules with the functions of managing public affairs to disclose government information.

Article 53 (Information Disclosure of Public Enterprises and Institutions)

Public enterprises and institutions, such as education, health, water supply, power supply, gas supply, heating, environmental protection and public transport, which are closely related to the interests of the people, shall make public the information produced and obtained in the course of providing social and public services, in accordance with relevant laws and rules and the provisions of the relevant competent departments or institutions under the State Council; if laws, rules and relevant competent departments or institutions under the State Council have not yet made provisions, the relevant competent departments or institutions of this Municipality may formulate specific operational measures in accordance with the actual situation.

Article 54 (Transferring Government Information to Archives)

Where the archives that are transferred to the State Archives by administrative organs according to law involve government information, the administrative organs shall inform in writing the State Archives of the categorization of the said government information.

Article 55 (Effective Date)

These Provisions shall be effective as of June 1, 2020, and the Provisions of Shanghai Municipality on Government Information Disclosure promulgated by Decree No. 2 of Shanghai Municipal People’s Government on April 28, 2008, and amended and re-promulgated by Decree No. 52 of Shanghai Municipal People’s Government on December 20, 2010, shall be repealed at the same time.