The Provisions of the People’s Republic of China on the Disclosure of Government Information (hereinafter refers to “Provisions”) were adopted on January 17th, 2007, and shall come into force as of May 1st, 2008. The full enforcement of the Provisions will help safeguard the legal access to government information by citizens, legal persons and other organizations, realize people’s rights to know, to participate and to supervise the work of the government; giving effective play to the role of government information of serving the people’s production, living and social and economic activities. I, hereby, give a brief introduction of the main content of the Provisions.

I. Entities to Disclose the Government Information

1. Administrative organizations;

2. Organizations which are authorized by law and regulation and have the function of administering public affairs;

3. The public enterprises and institutions in the field of education, medical care and health, family planning, supply of water, power, air and heat, environmental protection, public traffic or any other field closely related to the people’s interests.

The aforementioned entities in item 1 and 2 are the owners of government information and the obligors to disclose the government information. The Provisions provide, the people’s governments at various levels and the departments of the people’s governments at or above the county level shall establish and improve a government information disclosure working system of their respective administrative organ, and appoint working institution of government information disclosure to be responsible for the daily work of government information disclosure of their respective administrative organ. Entities in item 3 make and get a huge amount of public information during the period of providing public service. The disclosure of the public information that closely relates to the production and life of people will help safeguard the legal rights of people to get the information and use the information better.

II. II. Scope of Government Information to be Disclosed

The Provisions state the scope of government information to be disclosed mainly through the following three aspects:

1. An administrative organ shall voluntarily disclose the government information:

(1) Information concerning the vital interests of citizens, legal persons or other organizations;

(2) Information that should be widely known by the general public or concerns the participation of the general public;

(3) Information reflecting the structural establishment, duties, procedures for handling affairs and other situation of the administrative organ;

(4) Other information that shall be voluntarily disclosed by the administrative organ as prescribed by laws, regulations and the relevant state provisions.

2. The government information to be disclosed by application:

According to the regulations of article 13 and 20 of the Provisions: Besides the government information voluntarily disclosed by administrative organs, citizens, legal persons or other organizations may, in light of their special needs for production, living or scientific research, apply to the departments under the State Council, the local people’s governments at various levels and the departments of the local people’s government at or above the county level for accessing the relevant government information. The acquisition of government information by application shall be in written form (including the form of data text); where it is really difficult for it/him to apply in written form, the applicant may apply orally, while the administrative organ accepting the oral application shall fill in the application form for government information disclosure on its/his behalf.

3. Government information not allowed to be disclosed:

Article 14 of the Provision provides: No administrative organ may disclose any government information involving state secrets, commercial secrets or individual privacy. But in case the obligee approves or the administrative organ believes that the failure to disclose such information would result in great influence on public interests, such government information may be disclosed. Meanwhile, in order to handle the relation between the disclosure and secrets, the Provisions establish the confidentiality review mechanism of government information disclosure. An administrative organ shall, before making government information disclosure, examine the government information to be disclosed in accordance with the Law of the People’s Republic of China on Keeping State Secrets and other laws, regulations and relevant state provisions. Where an administrative organ is not certain whether certain government information may be disclosed, it shall report to the relevant competent department or the department in charge of confidentiality work of the same level for determination in accordance with laws, regulations and the relevant state provisions.

III. The Meaning of the Disclosure of Government Information

The promulgation of the Provisions means a lot to the construction of the democracy and rule of law. Full and correct enforcement of the Provisions is the main responsibility and basic obligation of the administrative organs of all levels. To realize all regulations of the Provisions, the administrative organs of all levels shall further strengthen their own construction, and actively and smoothly finish the preparation work of the implementation of the Provision.