Laws of the Guangdong Province

Measures of Shenzhen Municipality on the Publication of Government Information through Internet

(Adopted at the 110th Executive Committee of the Third Municipal People' s Government of Shenzhen on February 25, 2004; Promulgated by Decree No.130 of the Shenzhen Municipal People' s Government on February 25, 2004)

Chapter ¢ñ General Provisions

Article 1 In order to enhance the transparency of administrative activities, safeguard the right to know of citizens, legal persons and other organizations, supervise government agencies to perform their functions and duties according to law, these measures are formulated according to relevant laws and regulations and combining with the needs of developing electronic government administration in Shenzhen.

Article 2 Government information mentioned in these measures refers to the materials, such as the documents, data and charts, which are made, acquired or held by the people' s governments of Shenzhen Municipality at all levels(hereinafter referred to as all people' s governments), their departments or the organizations exercising administrative functions and duties according to law when they perform their administrative functions and duties or provide public service, and ought to be publicized according to these measures.

Publication through internet mentioned in these measures refers to the activity of publicizing government information prescribed in the preceding paragraph on the public information network, which is connecting with the international internet of Shenzhen government (hereinafter referred to as the government public information network) .

Article 3 These measures shall be applicable to all people' s governments, their departments and the organizations exercising administrative functions according to law (hereinafter referred to as the responsible units of publicizing information).

The responsible units of publicizing information have the obligation to publicizing government information prescribed in the first paragraph of Article 2 of these measures on their established government website.

Article 4  All government information shall be publicized except for special reasons.

The publication of government information through internet shall observe the principles of legality, impartiality, timeliness and authenticity.

The government information publicized on the government public information network may be downloaded freely and may be used in relevant government departments.

Article 5 The competent departments of informanization of the municipal and district governments shall take charge of organizing the implementation of these measures.

Chapter ¢ò  Items for Publication

Article 6 The following government information shall be made public on the websites of all people' s governments by the competent departments of informanization:

(1) government regulations and other government normative documents relevant to social public;

(2) the socioeconomic development strategy, development plan, city planning and working goals of this administrative area which are approved to be implemented, and their implementation result;

(3) the annual budget and final accounts which are adopted by the people' s congress at the corresponding level, and their implementation result;

(4) the annual plan of national economic and social development adopted by people' s congress at the corresponding level, and their implementation result;

(5) the industrial guiding catalogue of Shenzhen Municipality;

(6) the invitation and submission of bid of the major capital construction project of the government at the corresponding level and its construction;

(7) the investment and construction of the public utility and public welfare undertaking in this administrative division, including the construction and reformation of the pipeline and net of city water supply, gas supply and power supply, and the construction of city flood control facility, city sewage disposal and garbage disposal project, city transportation construction project, city afforestation project, public interests and social welfare undertaking;

(8) the implementation of urban planning, including the assignment of the right to the use of land, the total amount of building, the density and height of building within the scope of legal graphic;

(9) the establishment and major functions of the component departments affiliated departments and working bodies of government, and their adjustment and alteration;

(10) the curriculum vitae, division of functions of the government leading members and their adjustment and alteration;

(11) the employment procedures and outcome of public servant;

(12) the disclosure and settlement of important emergency;

(13) the matters which are promised to the society, and the fulfillment;

(14) the offices and communication means of the correspondence and reception department, supervision department and the agency of administrative review of government;

(15) other government information which shall be made public as provided by laws, regulations and rules.

Relevant government departments shall provide the information mentioned above to the competent department of informanization.

The competent department shall set up a uniform system to transfer government information. The unit which provides information shall submit relevant government information in prescribed form.

Article 7  All the government departments and organizations exercising the administrative functions according to law shall publicize the following government information relevant to their functions at their established websites:

(1) the establishment of organizations, legal functions and duties, main leading officials, offices and communication means;

(2) the laws, regulations, rules and normative documents relevant to their functions and duties;

(3) the legal basis, applying requirements, quality, licensing procedures, licensing time limit and licensing outcome of the administrative licensing items within the scope of their functions and duties, and all the materials required to be submitted for application and the model text of a written application;

(4) the targets of charge, charging standards and their basis of the administrative undertaking charging items within the scope of their functions and duties;

(5) the kinds, standards and their basis of the administrative punishment within their scope of functions and duties;

(6) the kinds and their basis of the compulsory administrative measures within their scope of functions and duties;

(7) the use of important special fund and capital;

(8) the purchase of important goods, materials and service through public bidding, including the catalog of purchase, catalog of designated supplier, announcement of public bidding and announcement of bid-winning information;

(9) the registration data of industry and commerce which is held for performing their functions and duties according to law;

(10) the distribution of academic degree of the schools at the provincial and municipal level, the up-to-standard grade of enrollment of the schools of all kinds, the number of admission card for high school entrance examination and college entrance examination, and the achievement of examination;

(11) the income and expenses of the lottery ticket of public good;

(12) the supply and demand of work-post;

(13) the traffic control and public security;

(14) the final name list of the distribution of welfare houses;

 (15) the information of the total amount of land supply, supplied land plot, assignment of land by agreement and the trade in the market of land-use right, and the conditions about the market of real estate;

(16) the transference and rearrangement of the state and collective enterprise' s assets;

(17) the holding of hearing;

(18) the settlement of the bills and suggestions of the People' s Congress and the motion of the Political Consultative Conference;

(19) the channels for supervision and filing complaints;

(20) the information closely relevant to social public and other matters which shall be publicized according to relevant provisions.

The reproducted information which is made by others shall be marked with its original source.

Article 8 Any government information which involves any one of the following contents shall not be publicized:

(1) belonging to state secretes according to the provisions of laws;

(2) concerning business secretes;

(3) concerning private secretes;

(4) other government information which shall not be issued publicly according to laws and regulations.

Article 9 The government information which has not been determined whether or not belongs to state secretes shall be postponed its publication temporarily, and shall be kept confidential or made public until it is determined its character according to the provisions of Article 11 of the Law of the People' s Republic of China on Keeping Confidentiality of State Secretes.

Article 10 If a citizen, legal person or other organization dissents from the activity of not publicizing certain government information by a responsible unit of publicizing formation, relevant unit shall take the burden of proof, give reasons and illustrate the legal basis for its activity, and provide means of relief and tell the time limit of the relief.

If the information which is required to be publicized by a citizen, legal person or other organization has already been publicized through government bulletin, media or other forms, the relevant units shall providing necessary guiding for inquiry.

Article 11 Every responsible unit of publicizing information shall provide its catalogue of government information to the department managing documents centrally, or archives center at the same level. The catalogue of government information shall record the title, index, subject, a simple description of main content and logging date of every piece of information owned by the department. The department managing document centrally or archives center shall provide government information for consultation at its website after processing and integrating the information uniformly.

Article 12 Every archives center and department managing document centrally shall declassify the government information whose secrecy period has expired and publicize the information at its website.

Article 13 The responsible unit of publicizing information shall guarantee the timeliness and validity of its publicized government information and update the website when its publicized information is changed.

Article 14 Every responsible unit of publicizing information shall set up and improve its publication procedure for publicizing government information through internet. The information having important influence may not be publicized through internet until being approved by the competent leader of the unit.

Chapter ¢ó Establishment and Maintenance of Website

Article 15 A responsible unit of publicizing information shall set up a website correspondingly according to its actual situation, and publicize government information within its scope of functions and duties.

The website of the municipal government (www.sz.gov.cn) is a window on internet which is set up on the public information network of government for the municipal government to publicize information and provide information service to the society uniformly. The websites of responsible units of publicizing information shall be linked to the website of the municipal government (www.sz.gov.cn).

The government information which concerns several government departments, needs to be uniformly publicized to society after being integrated and satisfies the description prescribed in Article 6 of these measures shall be publicized at the website of the municipal government (www.sz.gov.cn).

Article 16 Every responsible unit of publicizing information shall observe the national and local laws, regulations and relevant provisions on the system safety of the computer information network, and take necessary technique measures to guarantee the safe operation of its website.

Article 17 Every responsible unit of publicizing information shall carry out the daily maintenance of its website, and assign full-time or part-time working staff to take charge of the updating and maintenance of the website.

Article 18 The working place in which several government departments work together, shall be equipped with at least one computer linking to the international internet in order to provide convenience for person to inquire about relevant government information.

Chapter ¢ô Supervision

Article 19 The municipal competent department of informanization shall make statistics of every website' s updating once a season. The outcome of statistics shall be reported to the competent agency of publicizing government affairs of the municipal government, and be promulgated at the website of the municipal government (www.sz.gov.cn) at 5 days before the next month.

Article 20 People may put forward his opinion and suggestion on the publication of government information through internet by means of public telephone of complaint, mailbox and E-mail box.

The competent agency of publicizing government affairs shall establish public telephone of complaint, mailbox and E-mail box to receive people' s complaints, opinions and suggestions, and supervise the publication through internet.

Article 21 The competent agency of publicizing government affairs shall deliberate and assess every website every year. The contents of deliberation and assessment mainly include the ratio of updating, safety of network and public reflection. The selected advanced unit and individual of publicizing government information through network shall be commended, and be promulgated at the website of the municipal government (www.sz.gov.cn) and on other media in Shenzhen.

Article 22  If a responsible unit of publicizing information commits any one of the following activities in violation of the provisions of these measures, it shall be subjected to a criticism circulation. If the circumstance is serious, the main leader, leader in charge and person directly liable of the responsible unit of publicizing government information shall be imposed disciplinary sanction.

(1) failing to publicize a matter which shall be publicized;

(2) failing to publicize the full content of information;

(3) failing to publicize a matters which shall be publicized in time;

(4) failing to publicize information according to the facts and practices fraud;

(5) failing to update the content which has been changed in time;

(6) disclosing the secrete of the Chinese Communist Party or the State in the publicized content.

If a responsible unit of publicizing information violates the provisions of the preceding paragraph and needs to be subjected to a criticism circulation, the decision shall be made by the competent department of publicizing government affairs at the same level. The disciplinary sanction imposed to relevant person liable shall be decided by the unit which he belongs to or the supervision department.

Article 23 Any responsible unit of publicizing information which conceals government information, provides false government information, or discloses business secrete or individual privacy and causes losses to the party, in violation of Article 4 or 8 of these measures, shall take civil responsibility according to law. If the unit' s act constitutes a crime, the case shall be transferred to a judicial department to deal with.

Article 24 If a citizen, legal person or other organization considers that a responsible unit of publicizing information' s refusal of publicizing government information closely related to its interests infringes upon its legal rights and interests, it may apply for review according to relevant provisions of the Law of Administrative Reconsideration.

Chapter ¢õ Supplementary Provisions

Article 25 Every district government and the department of the municipal government shall enact detailed implementation measures according to these measures.