©The China Law Center, Yale Law School February 2009
Regulations of the People’s Republic of China on
Open Government Information
(Adopted by the State Council on January 17, 2007; Effective May 1, 2008)
Chapter I. General Principles
Article 1. In order to ensure that citizens, legal persons and other organizations
obtain government information in accordance with the law, enhance transparency of the
work of government, promote administration in accordance with the law, and bring into
full play the role of government information in serving the people’s production and
livelihood and their economic and social activities, these Regulations are hereby
formulated.
Article 2. "Government information" referred to in these Regulations means
information made or obtained by administrative organs in the course of exercising their
responsibilities and recorded and stored in a given form.
Article 3. The people’s governments at all levels should strengthen the
organization and leadership of open government information work.
The General Office of the State Council shall be the national department in charge
of open government information work. It shall be responsible for promoting, guiding,
coordinating and supervising open government information work throughout the whole
country.
The general offices of local people’s governments at the county level and above or
other departments in charge of open government work designated by the local people’s
governments at the county level and above shall be responsible for promoting, guiding,
coordinating and supervising open government information work within their respective
administrative areas.
Article 4. The people's government at all levels and the departments of the people’s
governments at the county level and above should establish and perfect systems for open
government information work for their respective administrative organs and designate an
office (hereafter referred to as the “office for open government information work”) to be
responsible for the daily work of open government information for their respective
administrative organs.
The specific functions of the office for open government information work are: 2
1) To undertake specific open government information matters for that administrative
organ;
2) To maintain and update government information disclosed by that administrative
organ;
3) To organize for that administrative organ the compilation of an open government
information guide, open government information catalogue and annual reports on
open government information work;
4) To conduct examinations for secrecy of government information to be disclosed;
and
5) To carry out other responsibilities related to open government information
stipulated by that administrative organ.
Article 5. When disclosing government information, administrative organs should
observe the principles of justice, fairness, and convenience to the people.
Article 6. Administrative organs should disclose government information promptly
and accurately. When administrative organs discover false or incomplete information that
affects or might affect social stability and disturbs the social management order, they
should release, within their scope of responsibility, accurate government information to
clarify the situation.
Article 7. Administrative organs should establish and perfect a coordination
mechanism for releasing government information. When releasing government
information that involves other administrative organs, an administrative organ should
communicate and confirm with the administrative organs concerned to ensure the
government information released is accurate and consistent.
If the government information to be released by administrative organs needs to be
approved in accordance with relevant state regulations, it may not be released without
being approved.
Article 8. The government information disclosed by administrative organs may not
endanger state security, public security, economic security and social stability.
Chapter II. The Scope of Disclosure
Article 9. Administrative organs should disclose on their own initiative
government information that satisfies any one of the following basic criteria:
1) Information that involves the vital interests of citizens, legal persons or other
organizations;
2) Information that needs to be extensively known or participated in by the general
public;
3) Information that shows the structure, function and working procedures of and other
matters relating to the administrative organ; and 3
4) Other information that should be disclosed on the administrative organ’s own
initiative according to laws, regulations and relevant state provisions.
Article 10. People’s governments at the county level and above and their
departments should determine the concrete content of the government information to be
disclosed on their own initiative within their scope of responsibility in accordance with the
provisions of Article 9 of these Regulations, and emphasize disclosure of the following
government information:
1) Administrative regulations, rules, and regulatory documents;
2) Plans for national economic and social development, plans for specific projects, plans
for regional development and related policies;
3) Statistical information on national economic and social development;
4) Reports on financial budgets and final accounts;
5) Items subject to an administrative fee and the legal basis and standards therefor;
6) Catalogues of the government’s centralized procurement projects, their standards and
their implementation;
7) Matters subject to administrative licensing and their legal bases, conditions,
quantities, procedures and deadlines and catalogues of all the materials that need to be
submitted when applying for the administrative licensing, and the handling thereof;
8) Information on the approval and implementation of major construction projects;
9) Policies and measures on such matters as poverty assistance, education, medical care,
social security and job creation and their actual implementation;
10) Emergency plans for, early warning information concerning, and counter measures
against sudden public events;
11) Information on the supervision and inspection of environmental protection, public
health, safe production, food and drugs, and product quality.
Article 11. The government information to be emphasized for disclosure by the
people’s governments at the level of cities divided into districts and the county level
people’s governments and their departments should also include the following contents:
1) Important and major matters in urban and rural construction and management;
2) Information on the construction of social and public interest institutions;
3) Information on land requisition or land appropriation, household demolition and
resettlement, and the distribution and use of compensation or subsidy funds relating
thereto; and
4) Information on the management, usage and distribution of social donations in funds
and in kind for emergency and disaster relief, special care for families of martyrs and
military service personnel, and assistance to poverty stricken and low income
families.
Article 12. People’s governments at the township (town) level should determine the
concrete content of the government information to be disclosed on their own initiative
within their scope of responsibility in accordance with the provisions of Article 9 of these
Regulations, and emphasize disclosure of the following government information: 4
1) Information on the implementation of rural work policies of the state;
2) Information on fiscal income and expenses and the management and use of
various specialized funds;
3) Overall township (town) land use plans and information on the verification of
land to be used by farmers for their primary residences;
4) Information on land requisition or land appropriation, household demolition
and resettlement, and the distribution and use of compensation or subsidy
funds therefor;
5) Information on township (town) credits and debts, fund raising and labor
levies;
6) Information on the distribution of social donations in funds and in kind for
emergency and disaster relief, special care for families of martyrs and military
service personnel, and assistance to poverty stricken and low income families;
7) Information on contracting, leasing and auctioning of township and town
collectively owned enterprises and other township and town economic
entities; and
8) Information on implementation of the family planning policy.
Article 13. In addition to government information disclosed by administrative
organs on their own initiative provided for in Articles 9, 10, 11 and 12, citizens, legal
persons or other organizations may, based on the special needs of such matters as their own
production, livelihood and scientific and technological research, also file requests with
departments of the State Council, local people’s governments at all levels and departments
under local people’s governments at the county level and above to obtain relevant
government information.
Article 14. Administrative organs should establish and perfect mechanisms to
examine for secrecy the government information to be released, and clarify the
examination procedures and responsibilities.
Prior to disclosing government information, administrative organs should examine
the government information to be disclosed in accordance with the provisions of the Law
of the People’s Republic of China on Safeguarding State Secrets and other laws,
regulations and relevant state provisions.
When an administrative organ is unable to determine if certain government
information may be disclosed, it should submit the matter for determination to relevant
departments in charge or departments for safeguarding secrecy at the same level as the
administrative organ.
Administrative organs may not disclose government information that involves state
secrets, commercial secrets or individual privacy. However, government information
involving commercial secrets or individual privacy may be disclosed by administrative
organs with the consent of the rightholder(s) or if administrative organs believe that
non-disclosure might give rise to a major impact on the public interest. 5
Chapter III. Methods of and Procedures for Disclosure
Article 15. Government information to be disclosed on administrative organs’ own
initiative should be disclosed by means of government gazettes, government websites and
press conferences, as well as through newspapers and other publications, radio, television
and other methods that make it convenient for the public to be informed.
Article 16. The people’s governments at all levels should set up government
information reading places in the state archives and public libraries and install appropriate
facilities and equipment to make it convenient for citizens, legal persons and other
organizations to obtain government information.
Administrative organs may set up, as needed, places and facilities such as public
reading rooms, materials request stations, information bulletin boards, and electronic
information screens to disclose government information.
Administrative organs should provide the state archives and public libraries with
government information disclosed on their own initiative in a timely manner.
Article 17. Administrative organs shall be responsible for disclosing government
information that they have formulated. Administrative organs that store government
information obtained from citizens, legal persons or other organizations shall be
responsible for disclosing it. If laws or regulations have different provisions on the scope
of authorization to disclose government information, those provisions shall be followed.
Article 18. Government information to be disclosed on administrative organs’ own
initiative should be disclosed within 20 business days from the date the information is
produced or changed. If laws or regulations have different provisions on the time period
for disclosing government information, those provisions shall be followed.
Article 19. Administrative organs should compile and publish open government
information guides and catalogues of open government information, and update them in a
timely manner.
Open government information guides should include such contents as the types of
government information, the system of cataloguing, the methods for obtaining
information, and the name, office address, office hours, contact telephone number, fax
number and e-mail address of the office for open government information work.
Open government information catalogues should include such contents as an index,
the name of the information, a summary of the information contents and the date of
creation of the information.
Article 20. Citizens, legal persons or other organizations should file requests with 6
government organs to obtain government information in accordance with Article 13 of
these Regulations in written form (including digital and electronic forms). In the event that
it is truly difficult for a requester to submit a request in written form, the requester may do
so orally and the administrative organ accepting the request shall fill out the request for
open government information on the requester’s behalf.
Requests for open government information should include the following contents:
1) The name of the individual or organization making the request and the method of
contact;
2) A description of the government information requested to be disclosed; and
3) Requirements as to the format in which the requested government information is to
be supplied.
Article 21 Administrative organs shall reply to requests for open government
information respectively in accordance with the following circumstances:
1) If the requested government information falls within the scope of disclosure, the
requester should be informed of the methods and channels for obtaining that
government information;
2) If the requested government information does not fall into the scope of disclosure,
the requester should be informed that such information cannot be disclosed,
together with an explanation of the reasons;
3) If, in accordance with the law, the requested government information should not be
disclosed by that administrative organ or the requested government information
does not exist, the requester should be informed of the situation and, if the organ
that has the obligation to disclose that government information can be determined,
the requester should be informed of the name of that administrative organ and the
method to contact it;
4) If the content of the requested government information is not clear, the requester
should be notified to amend and supplement the request.
Article 22. If the requested government information contains some contents that
should not be disclosed but that can be handled through differentiation, the administrative
organ should provide the requester with that information content that may be disclosed.
Article 23. If an administrative organ believes that the requested government
information involves commercial secrets or individual privacy the disclosure of which
might infringe upon the lawful rights and interests of a third party, it should write to the
third party to seek its opinion. If the third party does not agree to have the information
disclosed, the information may not be disclosed. However, if the administrative organ
believes that non-disclosure might have a major influence on the public interest, it should
disclose the information and notify the third party in writing of the content of the
government information they have decided to disclose and the reasons therefor.
Article 24. After receiving requests for open government information, 7
administrative organs should reply to the requests on-the-spot to the extent possible.
If an on-the-spot reply is not possible, administrative organs should provide a reply
within 15 business days from receiving a request. If an extension of the time limit for
replying to a request is needed, the agreement of the responsible person in charge of the
office for open government information work should be obtained and the requester
notified. The maximum extension of the time limit for replying to a request may not
exceed 15 business days.
If the requested government information involves the rights and interests of a third
party, the time needed by administrative organs to seek the opinion of the third party shall
not be counted against the time limit provided in Paragraph 2 of this Article.
Article 25. When citizens, legal persons or other organizations request
administrative organs to provide government information about themselves such as taxes
and fee payments, social security and medical care information, they should show valid
identification certificates or certifying documents.
If citizens, legal persons or other organizations have evidence showing that the
government information provided by an administrative organ concerning them is not
recorded accurately, they have the right to request the administrative organ to correct the
information. If the administrative organ does not have the authority to make the correction,
the case should be transferred to the administrative organ that does have such authority,
and the requester shall be so informed.
Article 26. When providing government information on request, administrative
organs shall provide the information in the format requested by the requesters. If it is
impossible to provide the information in the format requested by the requesters,
administrative organs may provide the information through making arrangements for the
requesters to read the relevant documents, providing photocopies or using other
appropriate methods.
Article 27. When disclosing government information on request, administrative
organs may not collect any fees, provided that they may collect cost-based fees for the cost
of retrieval, duplication, postage and the like. Administrative organs may not provide
government information as a compensated service through any organizations or
individuals.
The standards for fees collected by administrative organs to cover such costs as for
retrieval, duplication and postage shall be formulated by the department of the State
Council in charge of pricing in consultation with the department of the State Council in
charge of financial affairs.
Article 28. If a citizen requesting disclosure of government information truly has
economic difficulties, the relevant fee may be reduced or exempted after an application for
such reduction or exemption is submitted by the requester and verified and approved by the 8
responsible person of the office for open government information work.
If citizens requesting disclosure of government information have trouble reading or
obstacles to hearing and seeing, administrative organs should provide them with necessary
assistance.
Chapter IV. Supervision and Safeguards
Article 29. People’s governments at all levels should establish and perfect
inspection, social appraisal and accountability systems for open government information
work to carry out periodic inspection and appraisal of open government information work.
Article 30. The departments in charge of open government information work and
the supervision organs shall be responsible for supervising and inspecting the
implementation of open government information by administrative organs.
Article 31. Administrative organs at all levels should publish their annual reports
on open government information work before March 31 each year.
Article 32. The annual report on open government information work should include
the following contents:
1) Information on disclosing government information on the administrative organ’s
own initiative;
2) Information on disclosing government information upon request and of requests
for government information that are denied;
3) Information on fee collection and fee reductions and exemptions concerning open
government information;
4) Information on applications for administrative reconsideration and filing of
administrative lawsuits in respect of open government information;
5) The main problems existing in open government information work and the
information on improvements thereof; and
6) Other items that need to be reported.
Article 33. If citizens, legal persons or other organizations believe an
administrative organ has failed to fulfill, in accordance with the law, its obligations in
respect of open government information, they may report it to the higher level
administrative organ, the supervision organ or the department in charge of open
government information. The organ that receives the report should investigate and handle
it.
If citizens, legal persons or other organizations believe a specific administrative
action of an administrative organ in its open government information work has infringed
their lawful rights and interests, they may, in accordance with the law, apply for
administrative reconsideration or file an administrative lawsuit. 9
Article 34. If an administrative organ fails to establish and perfect, in violation of
the provisions of these Regulations, a secrecy examination mechanism for releasing
government information, the supervision organ or the administrative organ at the next
higher level shall order that administrative organ to correct the situation. If the
circumstances are serious, administrative penalties shall be imposed in accordance with the
law on the principal responsible person(s) of that administrative organ.
Article 35. If an administrative organ violates the provisions of these Regulations
and has engaged in any one of the following behaviors, the supervision organ or the
administrative organ at the next higher level shall order that administrative organ to correct
the situation. If the circumstances are serious, administrative penalties shall be imposed in
accordance with the law on person(s) directly in charge of the administrative organ, as well
as other persons who are directly responsible. If the behavior constitutes a crime, criminal
responsibility shall be pursued in accordance with the law:
1) Failure to fulfill, in accordance with the law, open government information
obligations;
2) Failure to timely update the contents of government information that has been
disclosed, the guide to open government information and the catalogue of open
government information;
3) Collecting fees in violation of provisions;
4) Providing government information as a paid service through other organizations or
individuals;
5) Disclosing government information that should not be disclosed; and
6) Other actions that violate the provisions of these Regulations.
Chapter V. Supplementary Regulations
Article 36. These Regulations shall apply to open government information
activities of organizations that are authorized by laws or regulations to exercise the
functions of managing public affairs.
Article 37. Disclosing information that is made or obtained in the course of
providing public services by public enterprises and institutions that are closely related to
the people’s interests such as education, medical care, family planning, water supply,
electricity supply, gas supply, heating, environmental protection and public transportation
shall be done with reference to these Regulations. The specific measures shall be
formulated by competent departments or offices of the State Council.
Article 38. These Regulations shall go into effect as of May 1, 2008.
Regulations of the People’s Republic of China on
Open Government Information
(Adopted by the State Council on January 17, 2007; Effective May 1, 2008)
Chapter I. General Principles
Article 1. In order to ensure that citizens, legal persons and other organizations
obtain government information in accordance with the law, enhance transparency of the
work of government, promote administration in accordance with the law, and bring into
full play the role of government information in serving the people’s production and
livelihood and their economic and social activities, these Regulations are hereby
formulated.
Article 2. "Government information" referred to in these Regulations means
information made or obtained by administrative organs in the course of exercising their
responsibilities and recorded and stored in a given form.
Article 3. The people’s governments at all levels should strengthen the
organization and leadership of open government information work.
The General Office of the State Council shall be the national department in charge
of open government information work. It shall be responsible for promoting, guiding,
coordinating and supervising open government information work throughout the whole
country.
The general offices of local people’s governments at the county level and above or
other departments in charge of open government work designated by the local people’s
governments at the county level and above shall be responsible for promoting, guiding,
coordinating and supervising open government information work within their respective
administrative areas.
Article 4. The people's government at all levels and the departments of the people’s
governments at the county level and above should establish and perfect systems for open
government information work for their respective administrative organs and designate an
office (hereafter referred to as the “office for open government information work”) to be
responsible for the daily work of open government information for their respective
administrative organs.
The specific functions of the office for open government information work are: 2
1) To undertake specific open government information matters for that administrative
organ;
2) To maintain and update government information disclosed by that administrative
organ;
3) To organize for that administrative organ the compilation of an open government
information guide, open government information catalogue and annual reports on
open government information work;
4) To conduct examinations for secrecy of government information to be disclosed;
and
5) To carry out other responsibilities related to open government information
stipulated by that administrative organ.
Article 5. When disclosing government information, administrative organs should
observe the principles of justice, fairness, and convenience to the people.
Article 6. Administrative organs should disclose government information promptly
and accurately. When administrative organs discover false or incomplete information that
affects or might affect social stability and disturbs the social management order, they
should release, within their scope of responsibility, accurate government information to
clarify the situation.
Article 7. Administrative organs should establish and perfect a coordination
mechanism for releasing government information. When releasing government
information that involves other administrative organs, an administrative organ should
communicate and confirm with the administrative organs concerned to ensure the
government information released is accurate and consistent.
If the government information to be released by administrative organs needs to be
approved in accordance with relevant state regulations, it may not be released without
being approved.
Article 8. The government information disclosed by administrative organs may not
endanger state security, public security, economic security and social stability.
Chapter II. The Scope of Disclosure
Article 9. Administrative organs should disclose on their own initiative
government information that satisfies any one of the following basic criteria:
1) Information that involves the vital interests of citizens, legal persons or other
organizations;
2) Information that needs to be extensively known or participated in by the general
public;
3) Information that shows the structure, function and working procedures of and other
matters relating to the administrative organ; and 3
4) Other information that should be disclosed on the administrative organ’s own
initiative according to laws, regulations and relevant state provisions.
Article 10. People’s governments at the county level and above and their
departments should determine the concrete content of the government information to be
disclosed on their own initiative within their scope of responsibility in accordance with the
provisions of Article 9 of these Regulations, and emphasize disclosure of the following
government information:
1) Administrative regulations, rules, and regulatory documents;
2) Plans for national economic and social development, plans for specific projects, plans
for regional development and related policies;
3) Statistical information on national economic and social development;
4) Reports on financial budgets and final accounts;
5) Items subject to an administrative fee and the legal basis and standards therefor;
6) Catalogues of the government’s centralized procurement projects, their standards and
their implementation;
7) Matters subject to administrative licensing and their legal bases, conditions,
quantities, procedures and deadlines and catalogues of all the materials that need to be
submitted when applying for the administrative licensing, and the handling thereof;
8) Information on the approval and implementation of major construction projects;
9) Policies and measures on such matters as poverty assistance, education, medical care,
social security and job creation and their actual implementation;
10) Emergency plans for, early warning information concerning, and counter measures
against sudden public events;
11) Information on the supervision and inspection of environmental protection, public
health, safe production, food and drugs, and product quality.
Article 11. The government information to be emphasized for disclosure by the
people’s governments at the level of cities divided into districts and the county level
people’s governments and their departments should also include the following contents:
1) Important and major matters in urban and rural construction and management;
2) Information on the construction of social and public interest institutions;
3) Information on land requisition or land appropriation, household demolition and
resettlement, and the distribution and use of compensation or subsidy funds relating
thereto; and
4) Information on the management, usage and distribution of social donations in funds
and in kind for emergency and disaster relief, special care for families of martyrs and
military service personnel, and assistance to poverty stricken and low income
families.
Article 12. People’s governments at the township (town) level should determine the
concrete content of the government information to be disclosed on their own initiative
within their scope of responsibility in accordance with the provisions of Article 9 of these
Regulations, and emphasize disclosure of the following government information: 4
1) Information on the implementation of rural work policies of the state;
2) Information on fiscal income and expenses and the management and use of
various specialized funds;
3) Overall township (town) land use plans and information on the verification of
land to be used by farmers for their primary residences;
4) Information on land requisition or land appropriation, household demolition
and resettlement, and the distribution and use of compensation or subsidy
funds therefor;
5) Information on township (town) credits and debts, fund raising and labor
levies;
6) Information on the distribution of social donations in funds and in kind for
emergency and disaster relief, special care for families of martyrs and military
service personnel, and assistance to poverty stricken and low income families;
7) Information on contracting, leasing and auctioning of township and town
collectively owned enterprises and other township and town economic
entities; and
8) Information on implementation of the family planning policy.
Article 13. In addition to government information disclosed by administrative
organs on their own initiative provided for in Articles 9, 10, 11 and 12, citizens, legal
persons or other organizations may, based on the special needs of such matters as their own
production, livelihood and scientific and technological research, also file requests with
departments of the State Council, local people’s governments at all levels and departments
under local people’s governments at the county level and above to obtain relevant
government information.
Article 14. Administrative organs should establish and perfect mechanisms to
examine for secrecy the government information to be released, and clarify the
examination procedures and responsibilities.
Prior to disclosing government information, administrative organs should examine
the government information to be disclosed in accordance with the provisions of the Law
of the People’s Republic of China on Safeguarding State Secrets and other laws,
regulations and relevant state provisions.
When an administrative organ is unable to determine if certain government
information may be disclosed, it should submit the matter for determination to relevant
departments in charge or departments for safeguarding secrecy at the same level as the
administrative organ.
Administrative organs may not disclose government information that involves state
secrets, commercial secrets or individual privacy. However, government information
involving commercial secrets or individual privacy may be disclosed by administrative
organs with the consent of the rightholder(s) or if administrative organs believe that
non-disclosure might give rise to a major impact on the public interest. 5
Chapter III. Methods of and Procedures for Disclosure
Article 15. Government information to be disclosed on administrative organs’ own
initiative should be disclosed by means of government gazettes, government websites and
press conferences, as well as through newspapers and other publications, radio, television
and other methods that make it convenient for the public to be informed.
Article 16. The people’s governments at all levels should set up government
information reading places in the state archives and public libraries and install appropriate
facilities and equipment to make it convenient for citizens, legal persons and other
organizations to obtain government information.
Administrative organs may set up, as needed, places and facilities such as public
reading rooms, materials request stations, information bulletin boards, and electronic
information screens to disclose government information.
Administrative organs should provide the state archives and public libraries with
government information disclosed on their own initiative in a timely manner.
Article 17. Administrative organs shall be responsible for disclosing government
information that they have formulated. Administrative organs that store government
information obtained from citizens, legal persons or other organizations shall be
responsible for disclosing it. If laws or regulations have different provisions on the scope
of authorization to disclose government information, those provisions shall be followed.
Article 18. Government information to be disclosed on administrative organs’ own
initiative should be disclosed within 20 business days from the date the information is
produced or changed. If laws or regulations have different provisions on the time period
for disclosing government information, those provisions shall be followed.
Article 19. Administrative organs should compile and publish open government
information guides and catalogues of open government information, and update them in a
timely manner.
Open government information guides should include such contents as the types of
government information, the system of cataloguing, the methods for obtaining
information, and the name, office address, office hours, contact telephone number, fax
number and e-mail address of the office for open government information work.
Open government information catalogues should include such contents as an index,
the name of the information, a summary of the information contents and the date of
creation of the information.
Article 20. Citizens, legal persons or other organizations should file requests with 6
government organs to obtain government information in accordance with Article 13 of
these Regulations in written form (including digital and electronic forms). In the event that
it is truly difficult for a requester to submit a request in written form, the requester may do
so orally and the administrative organ accepting the request shall fill out the request for
open government information on the requester’s behalf.
Requests for open government information should include the following contents:
1) The name of the individual or organization making the request and the method of
contact;
2) A description of the government information requested to be disclosed; and
3) Requirements as to the format in which the requested government information is to
be supplied.
Article 21 Administrative organs shall reply to requests for open government
information respectively in accordance with the following circumstances:
1) If the requested government information falls within the scope of disclosure, the
requester should be informed of the methods and channels for obtaining that
government information;
2) If the requested government information does not fall into the scope of disclosure,
the requester should be informed that such information cannot be disclosed,
together with an explanation of the reasons;
3) If, in accordance with the law, the requested government information should not be
disclosed by that administrative organ or the requested government information
does not exist, the requester should be informed of the situation and, if the organ
that has the obligation to disclose that government information can be determined,
the requester should be informed of the name of that administrative organ and the
method to contact it;
4) If the content of the requested government information is not clear, the requester
should be notified to amend and supplement the request.
Article 22. If the requested government information contains some contents that
should not be disclosed but that can be handled through differentiation, the administrative
organ should provide the requester with that information content that may be disclosed.
Article 23. If an administrative organ believes that the requested government
information involves commercial secrets or individual privacy the disclosure of which
might infringe upon the lawful rights and interests of a third party, it should write to the
third party to seek its opinion. If the third party does not agree to have the information
disclosed, the information may not be disclosed. However, if the administrative organ
believes that non-disclosure might have a major influence on the public interest, it should
disclose the information and notify the third party in writing of the content of the
government information they have decided to disclose and the reasons therefor.
Article 24. After receiving requests for open government information, 7
administrative organs should reply to the requests on-the-spot to the extent possible.
If an on-the-spot reply is not possible, administrative organs should provide a reply
within 15 business days from receiving a request. If an extension of the time limit for
replying to a request is needed, the agreement of the responsible person in charge of the
office for open government information work should be obtained and the requester
notified. The maximum extension of the time limit for replying to a request may not
exceed 15 business days.
If the requested government information involves the rights and interests of a third
party, the time needed by administrative organs to seek the opinion of the third party shall
not be counted against the time limit provided in Paragraph 2 of this Article.
Article 25. When citizens, legal persons or other organizations request
administrative organs to provide government information about themselves such as taxes
and fee payments, social security and medical care information, they should show valid
identification certificates or certifying documents.
If citizens, legal persons or other organizations have evidence showing that the
government information provided by an administrative organ concerning them is not
recorded accurately, they have the right to request the administrative organ to correct the
information. If the administrative organ does not have the authority to make the correction,
the case should be transferred to the administrative organ that does have such authority,
and the requester shall be so informed.
Article 26. When providing government information on request, administrative
organs shall provide the information in the format requested by the requesters. If it is
impossible to provide the information in the format requested by the requesters,
administrative organs may provide the information through making arrangements for the
requesters to read the relevant documents, providing photocopies or using other
appropriate methods.
Article 27. When disclosing government information on request, administrative
organs may not collect any fees, provided that they may collect cost-based fees for the cost
of retrieval, duplication, postage and the like. Administrative organs may not provide
government information as a compensated service through any organizations or
individuals.
The standards for fees collected by administrative organs to cover such costs as for
retrieval, duplication and postage shall be formulated by the department of the State
Council in charge of pricing in consultation with the department of the State Council in
charge of financial affairs.
Article 28. If a citizen requesting disclosure of government information truly has
economic difficulties, the relevant fee may be reduced or exempted after an application for
such reduction or exemption is submitted by the requester and verified and approved by the 8
responsible person of the office for open government information work.
If citizens requesting disclosure of government information have trouble reading or
obstacles to hearing and seeing, administrative organs should provide them with necessary
assistance.
Chapter IV. Supervision and Safeguards
Article 29. People’s governments at all levels should establish and perfect
inspection, social appraisal and accountability systems for open government information
work to carry out periodic inspection and appraisal of open government information work.
Article 30. The departments in charge of open government information work and
the supervision organs shall be responsible for supervising and inspecting the
implementation of open government information by administrative organs.
Article 31. Administrative organs at all levels should publish their annual reports
on open government information work before March 31 each year.
Article 32. The annual report on open government information work should include
the following contents:
1) Information on disclosing government information on the administrative organ’s
own initiative;
2) Information on disclosing government information upon request and of requests
for government information that are denied;
3) Information on fee collection and fee reductions and exemptions concerning open
government information;
4) Information on applications for administrative reconsideration and filing of
administrative lawsuits in respect of open government information;
5) The main problems existing in open government information work and the
information on improvements thereof; and
6) Other items that need to be reported.
Article 33. If citizens, legal persons or other organizations believe an
administrative organ has failed to fulfill, in accordance with the law, its obligations in
respect of open government information, they may report it to the higher level
administrative organ, the supervision organ or the department in charge of open
government information. The organ that receives the report should investigate and handle
it.
If citizens, legal persons or other organizations believe a specific administrative
action of an administrative organ in its open government information work has infringed
their lawful rights and interests, they may, in accordance with the law, apply for
administrative reconsideration or file an administrative lawsuit. 9
Article 34. If an administrative organ fails to establish and perfect, in violation of
the provisions of these Regulations, a secrecy examination mechanism for releasing
government information, the supervision organ or the administrative organ at the next
higher level shall order that administrative organ to correct the situation. If the
circumstances are serious, administrative penalties shall be imposed in accordance with the
law on the principal responsible person(s) of that administrative organ.
Article 35. If an administrative organ violates the provisions of these Regulations
and has engaged in any one of the following behaviors, the supervision organ or the
administrative organ at the next higher level shall order that administrative organ to correct
the situation. If the circumstances are serious, administrative penalties shall be imposed in
accordance with the law on person(s) directly in charge of the administrative organ, as well
as other persons who are directly responsible. If the behavior constitutes a crime, criminal
responsibility shall be pursued in accordance with the law:
1) Failure to fulfill, in accordance with the law, open government information
obligations;
2) Failure to timely update the contents of government information that has been
disclosed, the guide to open government information and the catalogue of open
government information;
3) Collecting fees in violation of provisions;
4) Providing government information as a paid service through other organizations or
individuals;
5) Disclosing government information that should not be disclosed; and
6) Other actions that violate the provisions of these Regulations.
Chapter V. Supplementary Regulations
Article 36. These Regulations shall apply to open government information
activities of organizations that are authorized by laws or regulations to exercise the
functions of managing public affairs.
Article 37. Disclosing information that is made or obtained in the course of
providing public services by public enterprises and institutions that are closely related to
the people’s interests such as education, medical care, family planning, water supply,
electricity supply, gas supply, heating, environmental protection and public transportation
shall be done with reference to these Regulations. The specific measures shall be
formulated by competent departments or offices of the State Council.
Article 38. These Regulations shall go into effect as of May 1, 2008.
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