Guidelines on reporting, inquiring and correcting the integrity information of securities and futures markets in Beijing’s jurisdiction.

(2007yearfourmoonfiveDecreeNo. of the State Council of the People’s Republic of China492No. announcement　2019yearfourmoonthreeDecreeNo. of the State Council of the People’s Republic of China711No. revision)

Chapter I General Principles

the first　These Regulations are formulated in order to ensure that citizens, legal persons and other organizations obtain government information according to law, improve the transparency of government work, build a government ruled by law, and give full play to the service role of government information in people’s production, life and economic and social activities.

the second　The term "government information" as mentioned in these Regulations refers to the information produced or obtained by administrative organs in the process of performing administrative functions, and recorded and preserved in a certain form.

Article　People’s governments at all levels should strengthen the organization and leadership of government information disclosure.

The State Council General Office is the competent department in charge of the national government information disclosure, which is responsible for promoting, guiding, coordinating and supervising the national government information disclosure.

The general office (office) of the local people’s government at or above the county level is the competent department of government information disclosure in this administrative region, and is responsible for promoting, guiding, coordinating and supervising the government information disclosure in this administrative region.

The general office (room) of the department that implements vertical leadership is in charge of the government information disclosure of this system.

Article 4　People’s governments at all levels and people’s government departments at or above the county level shall establish and improve the system of government information disclosure of their administrative organs, and designate institutions (hereinafter referred to as government information disclosure institutions) to be responsible for the daily work of government information disclosure of their administrative organs.

The specific functions of government information disclosure institutions are:

(a) to handle the disclosure of government information of the administrative organ;

(two) to maintain and update the government information disclosed by this administrative organ;

(three) to organize the preparation of the administrative organ’s guide to government information disclosure, the catalogue of government information disclosure and the annual report on government information disclosure;

(four) to organize the review of the government information to be disclosed;

(five) other functions related to the disclosure of government information as prescribed by this administrative organ.

Article 5　The administrative organ shall, when disclosing government information, adhere to the principle of fairness, fairness, legality and convenience, with publicity as the norm and non-disclosure as the exception.

Article 6　The administrative organ shall timely and accurately disclose government information.

If an administrative organ finds false or incomplete information that affects or may affect social stability and disrupt social and economic management order, it shall issue accurate government information for clarification.

Article 7　People’s governments at all levels should actively promote the work of government information disclosure and gradually increase the content of government information disclosure.

Article 8　People’s governments at all levels should strengthen the standardization, information management of government information resources, strengthen the construction of government information disclosure platform on the Internet, promote the integration of government information disclosure platform and government service platform, and improve the online processing level of government information disclosure.

Article 9　Citizens, legal persons and other organizations have the right to supervise the government information disclosure work of administrative organs and make criticisms and suggestions.

Chapter II Subject and Scope of Publicity

Article 10　Government information produced by an administrative organ shall be made public by the administrative organ that produced the government information. The government information obtained by the administrative organ from citizens, legal persons and other organizations shall be made public by the administrative organ that keeps the government information; The government information of other administrative organs obtained by administrative organs shall be made public by the administrative organ that produced or originally obtained the government information. Where laws and regulations have other provisions on the authority of government information disclosure, such provisions shall prevail.

If an agency or internal organization established by an administrative organ performs administrative functions in its own name in accordance with laws and regulations, the agency or internal organization may be responsible for the disclosure of government information related to the administrative functions performed.

Government information jointly produced by two or more administrative organs shall be made public by the administrative organ taking the lead.

Article 11　The administrative organ shall establish and improve the coordination mechanism of government information disclosure. If the disclosure of government information by an administrative organ involves other organs, it shall consult and confirm with the relevant organs to ensure the accuracy and consistency of the government information disclosed by the administrative organ.

If the disclosure of government information by administrative organs requires approval in accordance with laws, administrative regulations and relevant provisions of the state, it shall be made public after approval.

Article 12　The guide and catalogue of government information disclosure compiled and published by administrative organs shall be updated in a timely manner.

The guide to government information disclosure includes the classification, arrangement system, acquisition method of government information, and the name, office address, office hours, contact telephone number, fax number and internet contact information of the government information disclosure agency.

The catalogue of government information disclosure includes the index, name, content summary, generation date and other contents of government information.

Article 13　In addition to the government information stipulated in Articles 14, 15 and 16 of this Ordinance, the government information shall be made public.

The administrative organ shall disclose the government information voluntarily and according to the application.

Article 14　Government information determined as state secrets according to law, government information prohibited by laws and administrative regulations, and government information that may endanger national security, public security, economic security and social stability after disclosure shall not be disclosed.

Article 15　Government information involving business secrets, personal privacy and so on, the disclosure of which will damage the legitimate rights and interests of third parties, shall not be disclosed by administrative organs. However, if the third party agrees to make it public or the administrative organ thinks that the unfair meeting has a significant impact on the public interest, it shall be made public.

Article 16　The internal affairs information of administrative organs, including personnel management, logistics management, internal workflow and other aspects of information, can not be disclosed.

The process information such as discussion records, process drafts, consultation letters, request reports and administrative law enforcement file information formed by administrative organs in the process of performing administrative functions may not be made public. Where laws, regulations and rules stipulate that the above information shall be made public, such provisions shall prevail.

Article 17　The administrative organ shall establish and improve the government information disclosure review mechanism, and clarify the review procedures and responsibilities.

The administrative organ shall examine the government information to be disclosed in accordance with the Law of People’s Republic of China (PRC) on Guarding State Secrets and other laws, regulations and relevant provisions of the state.

If the administrative organ cannot determine whether the government information can be made public, it shall report it to the relevant competent department or the secrecy administrative department for determination in accordance with laws, regulations and relevant provisions of the state.

Article 18　The administrative organ shall establish and improve the dynamic adjustment mechanism of government information management, regularly evaluate and review the government information that the administrative organ does not disclose, and disclose the government information that can be disclosed due to changes in the situation.

Chapter III Active Publicity

Article 19　The administrative organ shall take the initiative to disclose the government information that involves the adjustment of public interests, needs to be widely known by the public or needs the public to participate in decision-making.

Article 20　The administrative organ shall, in accordance with the provisions of Article 19 of these regulations, voluntarily disclose the following government information of the administrative organ:

(1) Administrative regulations, rules and normative documents;

(two) the functions, organization, office address, office hours, contact information and the name of the person in charge;

(three) national economic and social development planning, special planning, regional planning and related policies;

(4) Statistical information on national economic and social development;

(five) the basis, conditions, procedures and results of handling administrative licensing and other external management services;

(six) the basis, conditions and procedures for the implementation of administrative punishment and administrative coercion, and the administrative punishment decision that this administrative organ considers to have certain social impact;

(seven) financial budget and final accounts information;

(eight) administrative fees and their basis and standards;

(nine) the catalogue, standards and implementation of centralized government procurement projects;

(ten) the approval and implementation of major construction projects;

(eleven) policies, measures and their implementation in poverty alleviation, education, medical care, social security and employment promotion;

(twelve) emergency plan, early warning information and response to public emergencies;

(thirteen) the supervision and inspection of environmental protection, public health, production safety, food and medicine, and product quality;

(fourteen) the positions, places, conditions and employment results of civil servants;

(fifteen) other government information that should be voluntarily disclosed by laws, regulations, rules and relevant provisions of the state.

Article 21　In addition to the government information specified in Article 20 of these regulations, the people’s governments at the municipal and county levels and their departments with districts shall, according to local specific conditions, voluntarily disclose government information related to municipal construction, public services, public welfare undertakings, land expropriation, housing expropriation, public security management, social assistance, etc. The township (town) people’s government should also take the initiative to openly implement government information on agricultural and rural policies, the construction and operation of irrigation and water conservancy projects, the transfer of rural land contractual management rights, the use of homesteads, land expropriation, housing expropriation, fund-raising and labor, social assistance, etc. according to local specific conditions.

Article 22　The administrative organ shall, in accordance with the provisions of Article 20 and Article 21 of these regulations, determine the specific content of voluntary disclosure of government information, and continuously increase the content of voluntary disclosure according to the deployment of the higher administrative organ.

Article 23　The administrative organ shall establish and improve the government information release mechanism, and publicize the government information voluntarily through government gazette, government website or other Internet government media, press conference, newspapers, radio and television.

Article 24　People’s governments at all levels should strengthen the work of publicizing government information by relying on government portals, and use a unified government information disclosure platform to release government information that is voluntarily disclosed. The government information disclosure platform should have the functions of information retrieval, consulting and downloading.

Article 25　People’s governments at all levels shall set up government information consulting places in national archives, public libraries and government service places, and provide corresponding facilities and equipment to facilitate citizens, legal persons and other organizations to obtain government information.

The administrative organ may, according to the needs, set up places and facilities such as public consulting rooms, information access points, information bulletin boards and electronic information screens to disclose government information.

The administrative organ shall provide the government information voluntarily disclosed to the National Archives and public libraries in a timely manner.

Article 26　The government information that belongs to the scope of voluntary disclosure shall be from the date when the government information is formed or changed.twentyMake it public in time within working days. Where there are other provisions in laws and regulations on the time limit for the disclosure of government information, such provisions shall prevail.

Chapter IV Disclosure by Application

Article 27　In addition to the government information voluntarily disclosed by administrative organs, citizens, legal persons or other organizations may apply to local people’s governments at all levels and people’s government departments at or above the county level that perform administrative functions in their own names (including the dispatched offices and internal institutions as stipulated in the second paragraph of Article 10 of these Regulations) for obtaining relevant government information.

Article 28　The administrative organ prescribed in Article 27 of these Regulations shall establish and improve the application channels for government information disclosure, and provide convenience for applicants to apply for access to government information according to law.

Article 29　Citizens, legal persons or other organizations that apply for access to government information shall submit their applications to the government information disclosure agencies of administrative organs in written form including letters and data messages; If it is really difficult to use a written form, the applicant may make an oral proposal, and the government information disclosure agency that accepts the application will fill in the application for government information disclosure.

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

(1) The name, identity certificate and contact information of the applicant;

(two) the name and document number of the government information applied for disclosure or other characteristic descriptions that are convenient for administrative organs to inquire;

(three) the form requirements of the government information to be disclosed, including the ways and means of obtaining the information.

Article 30　If the content of the application for government information disclosure is not clear, the administrative organ shall give guidance and explanation, and from the date of receiving the application.sevenInform the applicant to make corrections at one time within working days, and explain the matters that need to be corrected and the reasonable time limit for correction. The time limit for reply shall be counted from the date when the administrative organ receives the application for correction. If the applicant fails to make corrections within the time limit without justifiable reasons, it shall be deemed as giving up the application, and the administrative organ will no longer handle the application for government information disclosure.

Article 31　The time when an administrative organ receives an application for government information disclosure shall be determined in accordance with the following provisions:

(1) If the applicant submits an application for government information disclosure in person, the date of submission shall be the date of receipt of the application;

(two) if the applicant submits an application for government information disclosure by mail, the date of receipt by the administrative organ shall be the date of receipt of the application; Where an application for disclosure of government information is submitted by mail without receipt, such as ordinary letters, the government information disclosure agency shall confirm with the applicant on the day of receiving the application, and the date of confirmation shall be the day of receiving the application;

(3) If the applicant submits an application for government information disclosure through the Internet channel or the fax of the government information disclosure agency, the date of confirmation by both parties shall be the date of receipt of the application.

Article 32　If the disclosure of government information in accordance with the application will harm the legitimate rights and interests of third parties, the administrative organ shall solicit the opinions of the third parties in writing. The third party shall, from the date of receiving the request for comments,15Put forward opinions within working days. If the third party fails to make comments within the time limit, the administrative organ shall decide whether to make it public in accordance with the provisions of these regulations. If the third party does not agree to the disclosure with reasonable reasons, the administrative organ shall not disclose it. If the administrative organ believes that non-disclosure may have a significant impact on public interests, it may decide to make it public, and inform the third party in writing of the contents and reasons of the government information decided to make it public.

Article 33　If an administrative organ receives an application for government information disclosure and can reply on the spot, it shall reply on the spot.

If the administrative organ cannot reply on the spot, it shall, from the date of receiving the application.twentyGive a reply within working days; If it is necessary to extend the reply period, it shall be agreed by the person in charge of the government information disclosure work institution and inform the applicant, and the longest extension period shall not exceed.twentyWorking days.

The time required for an administrative organ to solicit opinions from third parties and other organs shall not be counted within the time limit specified in the preceding paragraph.

Article 34　Where the government information applied for disclosure is jointly produced by two or more administrative organs, the administrative organ leading the production may solicit the opinions of the relevant administrative organs after receiving the application for government information disclosure, and the organ consulted shall, from the date of receiving the solicitation opinions.15Put forward opinions within working days, and those who fail to put forward opinions within the time limit shall be deemed to agree to the disclosure.

Article 35　The number and frequency of the applicant’s application for disclosure of government information obviously exceed the reasonable range, and the administrative organ may require the applicant to explain the reasons. If the administrative organ considers that the application reason is unreasonable, it shall inform the applicant not to handle it; If the administrative organ considers that the application reason is reasonable, but it is unable to reply to the applicant within the time limit stipulated in Article 33 of these regulations, it may determine a reasonable time limit for delaying the reply and inform the applicant.

Article 36　The administrative organ shall make a reply to the application for government information disclosure according to the following circumstances:

(1) If the information applied for has been voluntarily disclosed, inform the applicant of the ways and means to obtain the government information;

(2) If the information applied for is open, provide the applicant with the government information, or inform the applicant of the way, way and time to obtain the government information;

(three) if the administrative organ decides not to make it public according to the provisions of these regulations, it shall inform the applicant that it will not make it public and explain the reasons;

(4) If there is no public information applied for after retrieval, inform the applicant that the government information does not exist;

(5) Inform the applicant and explain the reasons if the information applied for is not disclosed by the administrative organ; If the administrative organ responsible for disclosing the government information can be determined, inform the applicant of the name and contact information of the administrative organ;

(six) the administrative organ has made a reply to the applicant’s application for the disclosure of government information, and the applicant has repeatedly applied for the disclosure of the same government information, and informed the applicant not to repeat the treatment;

(seven) the information applied for public information belongs to industrial and commercial, real estate registration information and other information, and the relevant laws and administrative regulations have special provisions on the acquisition of information, and inform the applicant to handle it in accordance with the provisions of relevant laws and administrative regulations.

Article 37　If the information applied for disclosure contains contents that should not be disclosed or do not belong to government information, but can be treated differently, the administrative organ shall provide the applicant with the contents of government information that can be disclosed, and explain the reasons for the contents that should not be disclosed.

Article 38　The information provided by the administrative organ to the applicant shall be the government information that has been produced or obtained. Except in accordance with the provisions of article 37 of these regulations, if it is necessary for the administrative organ to process and analyze the existing government information, the administrative organ may not provide it.

Article 39　Where the applicant conducts letters, visits, complaints, reports and other activities in the form of an application for government information disclosure, the administrative organ shall inform the applicant that it will not be treated as an application for government information disclosure and may inform it to be submitted through corresponding channels.

If the contents of the application put forward by the applicant are to require the administrative organ to provide government bulletins, newspapers, books and other public publications, the administrative organ may inform the way to obtain them.

Article 40　When an administrative organ discloses government information according to the application, it shall determine the specific form of providing government information according to the requirements of the applicant and the actual situation of the administrative organ’s preservation of government information; If providing government information in the form required by the applicant may endanger the safety of government information carriers or the cost of publicity is too high, it can be provided through electronic data and other appropriate forms, or the applicant can be arranged to consult and copy relevant government information.

Article 41　If citizens, legal persons or other organizations have evidence to prove that the records of government information related to themselves provided by administrative organs are inaccurate, they may request administrative organs to correct them. If the administrative organ that has the right to correct the audit is true, it shall correct it and inform the applicant; If it does not fall within the scope of the functions of the administrative organ, the administrative organ may transfer it to the administrative organ with the right to correct it and inform the applicant, or inform the applicant to submit it to the administrative organ with the right to correct it.

Article 42　The administrative organ shall provide government information according to the application, and shall not charge fees. However, if the number and frequency of the applicant’s application for disclosure of government information obviously exceed a reasonable range, the administrative organ may charge an information processing fee.

The specific measures for administrative organs to collect information processing fees shall be formulated by the competent price department of the State Council in conjunction with the financial department of the State Council and the competent information disclosure department of the national government.

Article 43　Citizens who apply for the disclosure of government information have reading difficulties or audio-visual difficulties, and the administrative organ shall provide them with necessary help.

Article 44　Multiple applicants apply to the same administrative organ for disclosure of the same government information, and the government information can be disclosed, and the administrative organ can be included in the scope of voluntary disclosure.

For the government information disclosed by the administrative organ according to the application, if the applicant thinks that it involves the adjustment of public interests, needs to be widely known by the public or needs the public to participate in decision-making, he may suggest that the administrative organ bring the information into the scope of voluntary disclosure. If the administrative organ considers that it belongs to the scope of voluntary disclosure after examination, it shall make it public in a timely manner.

Article 45　The administrative organ shall establish and improve the working system of registration, examination, handling, reply and filing of government information disclosure applications, and strengthen the work norms.

Chapter V Supervision and Guarantee

Article 46　People’s governments at all levels shall establish and improve the assessment system, social appraisal system and accountability system for government information disclosure, and regularly assess and appraise the government information disclosure.

Article 47　The competent department of government information disclosure shall strengthen the daily guidance, supervision and inspection of government information disclosure, and urge the administrative organ to make rectification or informed criticism if it fails to carry out government information disclosure as required; If it is necessary to investigate the responsibility of the responsible leaders and the directly responsible personnel, it shall put forward suggestions to the competent authorities according to law.

Citizens, legal persons or other organizations that the administrative organ fails to voluntarily disclose government information as required or fails to respond to the application for government information disclosure according to law may submit it to the competent department of government information disclosure. If the competent department of government information disclosure verifies that it is true, it shall urge rectification or informed criticism.

Article 48　The competent department of government information disclosure shall regularly train the government information disclosure staff of administrative organs.

Article 49　The people’s government departments at or above the county level shall, every yearonemoon31A few days ago, the annual report on the government information disclosure work of the administrative organ in the previous year was submitted to the competent department of government information disclosure work at the same level and announced to the public.

The competent department of government information disclosure of local people’s governments at or above the county level shall, every yearthreemoon31A few days ago, the annual report of the government information disclosure work of the government at the same level in the previous year was announced to the public.

Article 50　The annual report on government information disclosure shall include the following contents:

(a) the situation of the administrative organ’s voluntary disclosure of government information;

(two) the administrative organ receives and processes the application for government information disclosure;

(three) the situation of being applied for administrative reconsideration and bringing an administrative lawsuit because of the government information disclosure work;

(four) the main problems existing in the government information disclosure work and the improvement, and the annual report of the government information disclosure work of the people’s governments at all levels shall also include the results of work assessment, social appraisal and accountability;

(5) Other matters that need to be reported.

The national competent department of government information disclosure shall publish the unified format of the annual report on government information disclosure and update it in a timely manner.

Article 51　Citizens, legal persons or other organizations that administrative organs infringe upon their legitimate rights and interests in the work of government information disclosure may complain and report to the administrative organ at the next higher level or the competent department of government information disclosure, or apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 52　In violation of the provisions of these regulations, the administrative organ fails to establish and improve the relevant systems and mechanisms for government information disclosure, and the administrative organ at the next higher level shall order it to make corrections; If the circumstances are serious, the responsible leaders and persons directly responsible shall be punished according to law.

Article 53　Administrative organs in violation of the provisions of this Ordinance, one of the following circumstances, the administrative organ at the next higher level shall be ordered to make corrections; If the circumstances are serious, the responsible leaders and persons directly responsible shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) do not perform the functions of government information disclosure according to law;

(two) do not update the open government information content, government information disclosure guide and government information disclosure catalogue in a timely manner;

(three) other circumstances in violation of the provisions of this Ordinance.

Chapter VI Supplementary Provisions

Article 54　These Regulations shall apply to the activities of organizations authorized by laws and regulations with the function of managing public affairs to disclose government information.

Article 55　Education, health, water supply, power supply, gas supply, heating, environmental protection, public transportation and other public enterprises and institutions closely related to the interests of the people, make public the information produced and obtained in the process of providing social public services, in accordance with the relevant laws and regulations and the provisions of the relevant competent departments or institutions in the State Council. The competent department of information disclosure of the national government may formulate special provisions according to actual needs.

If the public enterprises and institutions specified in the preceding paragraph fail to disclose the information produced and obtained in the process of providing social public services in accordance with the relevant laws, regulations and the provisions of the relevant competent departments or institutions in the State Council, citizens, legal persons or other organizations may appeal to the relevant competent departments or institutions, and the departments or institutions that accept the appeal shall promptly investigate and handle it and inform the complainant of the handling results.

Article 56　This Ordinance since2019yearfivemoon15It will be implemented on the day.