Regulations on the Administration of Sharing of Government Affairs Information in Guangzhou
Decree No. 165 of Guangzhou Municipal People’s Government
The Regulations on the Administration of Sharing of Government Affairs Information in Guangzhou has been deliberated and adopted at the 59th Executive Meeting of the 15th Municipal Government on December 6, 2018. It is hereby promulgated and shall come into force as of July 1, 2019.
Mayor Wen Guohui
April 10, 2019
Regulations on the Administration of Sharing of Government Affairs Information in Guangzhou
Chapter I General Provisions
Article 1 These Regulations are formulated on the basis of Rules on the Promotion of Informatization in Guangzhou, and taking into account the actual work of the city government, with the aim to regulate the sharing and facilitate the effective use of information on government affairs (hereinafter referred to as “GA information”), improve the efficiency of administration, and raise the quality of social management and services.
Article 2 These Regulations apply to the sharing of GA information among the municipal departments of government affairs (hereinafter referred to as “GA departments”).
They may be referred to when the stations or agencies settled in the city under the central state organs and provincial organs are involved in the sharing of GA information, unless otherwisestipulated by laws, regulations, and rules.
These Regulations should be referred to when public institutions and companies and social organizations specialized in causes closely related to theinterest and welfare of the people in the administrative areas of the city, including education, medical care, family planning, water supply, power supply, gas supply, heat supply, finance, telecommunications and public transportation, are involved in the sharing of GA information by law.
Article 3 GA information mentioned in these Regulations refers to documents, materials, charts, data, etc. produced or obtained by the GA departments in the course of performing their duties, and recorded or saved in certain forms, including those collected and managed directly by the departments or by any authorized third parties, and those generated by the systems of GA information as a result of performing their duties.
The sharing of GA information mentioned in these Regulations refers to the acts of a GA department using the GA information of other departments to perform its duties and providing its GA information to other departments.
The GA departments mentioned in these Regulations refer to the administrative organs at all levels, and the public institutions and social organizations authorized by laws and regulations or entrusted by the administrative organs to perform administrative functions.
The GA information sharing platform mentioned in these Regulations refers to the information platform that supports the sharing of GA information among GA departments.
Article 4 The sharing of GA information shall follow the following principles:
(I)Information should generally be shared unless stipulated otherwise. The GA information generated by GA departments should be shared in principle, except for those involving state secrets or otherwise provided by laws, regulations, and rules.
(II) Specification-compliance. Each GA department should share GA information following the procedural and technical specifications based on the needs of their duty performance, to make the complete information available for free and legal use in a timely manner.
(III) Efficiency and convenience. Each GA department should further re-engineer and optimize the business processes based on the sharing of GA information to remove obstacles for people to obtain services, improve the services and fully protect the legitimate rights and interests of the parties involved.
(IV)Security safeguard. Each GA department and relevant authorities for GA information sharing should strengthen the institutional and technical guarantees for the security of GA information sharing to ensure the stable and orderly sharing of information.
Article 5The municipal and district people's governments are responsible for organizing and leading the sharing of GA information, and coordinating and resolving major issues related to the sharing within their respective administrative areas.
Relevant municipal and district authorities for GA information sharing are responsible for the daily management of GA information sharing within their respective administrative areas, with responsibilities including organizing the development of GA information sharing platforms at their perspective levels, compiling and maintaining the directories of GA information resources and GA information sharing at their perspective levels, managing the infrastructure for GA information sharing, formulating relevant technical standards and specifications together with the administrative departments of standardization, specifying the agencies responsible for the collection and provision of GA information together with the department of public sector reform, and supervising and evaluating the sharing of GA information on a regular basis.
Article 6Each GA department shall, within the scope of its respective duties, collect, approve, update and share GA information, and compile and maintain its Directory of GA Information Resources, as well as use the obtained shared GA information in accordance with relevant laws, regulations and rules.
Each GA department should establish and improve the systems for the management of GA information sharing, identifying the goals, responsibilities, and enforcement bodies. The person in charge of each department shall be the first person responsible for the sharing of GA information in the department.
Article 7 For each GA department, the expenses of the whole process of GA information sharing, such as the collection of GA information, compiling of directories, exchange and sharing, operation and maintenance, shall be included in the department's budget for government-invested informatization projects and guaranteed by the finance authorities at all levels.
Chapter II The GA Information Sharing Directory
Article 8 Each GA department shall compile their own Directory of GA Information Resources according to the requirements of system of such directories and submit it to the relevant authorities for the sharing of GA information at the same level. The relevant authorities shall compile the Directory of GA Information Resources at its level based on such directories of departments.
Where relevant laws and regulations are amended or administrative functions are changed, each GA department shall update its Directory of GA Information Resources within 15 working days from the date of the amendment/change and submit it to therelevant authorities for the sharing of GA information at the same level. The relevant authorities shall update the Directory of GA Information Resources at its level within 15 working days from the date of receiving the updates submitted by the GA departments.
Relevant municipal and district authorities for the sharing of GA information are responsible for supervising and evaluating the updating of the directories of GA information resources of the GA departments at the corresponding level.
Article 9 According to the type of sharing, GA information is classified into three categories: unconditional sharing, conditional sharing, and no sharing.
GA information that are available to all GA departments is in the category of unconditional sharing.
GA information that can only be shared with and used bycertain GA departments or all departments in part is in the category of conditional sharing.
GA information that should not be shared with and used by other GA departments is in the category of no sharing.
Article 10Each GA department shall indicate the type of sharing for each item of its GA information in its own Directory of GA Information Resources.
Basic information items such as the basic information on natural persons or legal persons, information on natural resources, space and geography, and electronic certificates are in the category of unconditional sharing.
Where GA information is classified as conditional sharing, relevant basis and conditions for sharing should be clearly defined.
Where GA information is classified as no sharing, defined legal and administrative rules or policies of the Party Central Committee and the State Council must be provided asthe basis.
Article 11 Relevant municipal and district authorities for GA information sharing shall compile the Directory of GA Information Sharing at their respective level based on the Directory of GA Information Resources at the same level and make it available to all GA departments in the city.
Relevant authorities for GA information sharing shall update the Directory of GA Information Sharing at their respective level based on updates of the Directory of GA Information Resources at the same level make it available to all GA departments in the city.
The Directory of GA Information Sharing shall include the items of GA information for sharing, the types and scope of and conditions and methods for sharing, the frequency of updating, the specific purposes, and the departments responsible for the collection, approval and provision of such information.
Chapter III GA Information Sharing Platforms
Article 12 The GA information sharing platforms at all levels are the key information infrastructure that is used to manage the directories of GA information resources and GA information sharing at their respective levels, and to assist GA departments in conducting the sharing of GA information.
Article 13 Relevant municipal authorities for GA information sharing shall coordinate the building of a municipal platform for GA information sharing to provide GA information sharing services for municipal GA departments.
Eachrelevant district authority for GA information sharing shall coordinate the building of a district platform for GA information sharing platform to provide GA information sharing services for district GA departments and align with the municipal platform.
Therelevant municipal and district authorities for GA information sharing shall determine the organizations that manage the platforms at their respective level. These organizations are responsible for the daily management, operation and maintenance of the platforms at the corresponding level and strengthening the daily management of GA information sharing to ensure the normal operation of the platforms.
Article 14 The relevant municipal authority for GA information sharing is responsible for coordinating the building of the city's databases of basic information on natural and legal persons and natural resources, space and geography, databases of electronic certificates and databases of other shared information.
Each GA department shall coordinate the building and management of its own professional databases in accordance with the laws and regulations and the needs ofits duty performance.
Article 15 The relevant municipal authority for GA information sharing shall, together with the municipal administration of standardization, formulate uniform municipal technical standards and specifications for the sharing of GA information, including the data element standards, code standards, information classification standards, and interface specifications for GA information. All GA departments should abide by such technical standards and specifications to ensure effective connectivity.
Such technical standards and specifications formulated by therelevant municipal authority for GA information sharing and the municipal administration of standardization shall match the national and provincial technical standards and specifications to ensure the consistent and compatible formats of data output.
Article 16 The sharing of GA information that does not involve state secrets among GA departments shall be conducted through the platforms for GA information sharing.
The business information system of each GA department should be connected to the GA information sharing platform at the same level. Any newly established business information system must share information through the platforms for GA information sharing across departments if needed; the existing cross-department systems for information sharing shall be gradually migrated to the platforms.
In accordance with the needs of its duty performance, a GA department may share dedicated GA information with other specific departments. Such sharing must be conducted through the platforms. The dedicated sharing shall be organized and implemented by a dedicated leading department.
Article 17 Each GA department shall post the information of its GA information sharing personnel on the GA information sharing platform at the same level.
In case of changes to relevant responsible persons, each GA department shall notify the organization that manages the platform at the same level in writing within 5 working days from the date of changes.
Chapter IV Collection, Approval and Provision of GA Information
Section I General Provisions
Article 18 Each GA department shall, according to the responsibilities and division of labor specified in the Directory of GA Information Sharing at the same level, collect, approve and provide shared GA information within the scope of its functions, guarantee the uniqueness of shared GA information sources and content validity, comply with the city's uniform technical standards and specifications, and ensure data quality of the shared GA information.
Article 19 Each GA department shall update the shared GA information it collects, approves and provides in a timely manner following the principle of "whoever collects and provides the information manages it" to ensure that the shared GA information provided is consistent with the GA information it holds.
Any changes to the basic information items such as the basic information on natural persons or legal persons, information on natural resources, space and geography, and electronic certificates shall be updated in real time.
Any changes to other GA information shall be updated within 5 working days from the date of changes.
Under special circumstances, the GA departments shall update at least once within 10 working days after the start of each quarter with the approval by therelevant authorities for GA information sharing at the same level.
Article 20 If the GA information collected by a GA department is in the Directory of GA Information Sharing, the information shall be directly put into the platforms for GA information sharing in accordance with the city's uniform technical standards and specifications.
The GA information provided by the GA departments to the platforms shall go through confidentially review beforehand and shall not involve state secrets. Specifically, the information on natural persons shall be provided in the form of a legal identity document; that on legal persons and other organizations shall be provided in the form of a unified social credit code, or a business license for market operating entities that do not have a unified social credit code.
Section II Collection, Approval and Provision of Basic Information on Natural Persons
Article 21 Relevant GA departments shall be responsible for the collection, approval and provision of the following basic information on natural persons according to their statutory duties:
(I) Household registration information shall be collected, approved and provided by public security organs according to their statutory duties;
(II) Information on residency registration and residence permit application of migrants shall be collected, approved, and provided by the migrant servicedepartment in Guangzhou and the stations of migrant service department at township and sub-district levels entrusted by public security organs according to their statutory duties;
(III) Information on marriage registration and adoption registration of residentson the Chinese Mainland shall be collected, approved and provided by relevant civil affairs departments and township level people's governments according to their statutory duties;
(IV) Information on birth and death registration shall be collected, approved and provided byrelevant health departments and public security organs according to their statutory duties;
(V) Information on family planning shall be collected, approved and provided byrelevant family planning departments, township level people's governments and sub-district offices according to their statutory duties;
(VI) Information on social security and minimum living security shall be collected, approved and provided byrelevant human resources and social security departments and relevant civil affairs departments according to their statutory duties;
(VII) Educational information shall be collected, approved and provided byrelevant education departments, colleges and universities, and research institutes according to their statutory duties;
(VIII) Information on the registration of disabled persons shall be collected, approved and provided byrelevant departments of disabled persons affairs according to their statutory duties;
(IX) Information on the registration of housing provident funds shall be collected, approved and provided byrelevant housing provident fund departments according to their statutory duties;
(X) Personal taxation information shall be collected, approved and provided by taxation authorities according to their statutory duties;
(XI) Information on designated guardianship shall be collected, approved and provided byrelevant civil affairs departments, township level people's governments and sub-district offices according to their statutory duties;
(XII) Information on qualification certificates and licenses shall be collected, approved and provided by administrative organs and institutions that have the authority to issue professional qualification certificates and licenses according to their statutory duties.
Article 22 Except for public security organs, when providing basic information on natural persons, other GA departments shall also provide the names of relevant natural persons and the types and numbers of their legal identity documents for comparison.
Section III Collection, Approval and Provision of Basic Information on Legal Persons and Other Organizations
Article 23Relevant GA departments shall be responsible for the collection, approval and provision of the following basic information on legal persons and other organizations according to their statutory duties:
(I) Information on the registration of enterprises and individually-owned businesses shall be collected, approved and provided by market supervision and management departments according to their statutory duties;
(II) Information on tax registration of enterprises shall be collected, approved and provided by taxation authorities according to their statutory duties;
(III) Information on the registration of non-profit organizations such as private non-enterprise organizations, social groups, foundations and social welfare institutions shall be collected, approved and provided by departments of social organizations management according to their statutory duties;
(IV) Information on the registration of public institutions shall be collected, approved and provided by departments of public institution registration management according to their statutory duties;
(V) The unified social credit codes of legal persons and other organizations shall be collected, approved and provided by departments of market supervision and management, social organizations management and public institution registration management according to their statutory duties.
Section IV Collection, Approval and Provision of Other Basic Information
Article 24Relevant departments of home land resources, agriculture, forestry, marine, water conservancy, meteorology, environmental protection and urban and rural planning, and the public institutions engaged in the research in related areas shall be responsible for collecting, approving and providing the basic information on natural resources, space and geography such as land, minerals, energy, forests, grasslands, fisheries, wildlife, marine, water, climate (meteorology), urban and rural planning according to their statutory duties.
Chapter V Acquisition and Use of GA Information
Article 25 The departments using the shared GA information (hereinafter referred to as the "users") shall, following the principle of "whoever handles and uses the information manages it", obtain and use the shared GA information in accordance with laws and regulations as needed for their duty performance.
The shared GA information obtained from the GA information sharing platforms by the users can only be used for the defined purposesas needed for their duty performance. The users must not provide it to any third parties directly or by changing the form of data, or use it for other purposes directly or in disguise.
Article 26 The GA information for unconditional sharing shall be directly obtained by the users on the GA information sharing platforms at the same level following the procedures separately formulated by the relevant municipal authority for GA information sharing.
To obtain GA information for conditional sharing, the users shall submit an application to the departments providing the shared information (hereinafter referred to as the "providers") through the GA information sharing platforms, and the providers shall respond within 5 working days. If the providers agree to share the information, they shall share it within 5 working days from the date of response; if they refuse to do so, they shall provide the reasons. If no response or reasons is given for more than 5 working days, the providers shall be deemed to have agreed to share the information.
For GA information not to be shared, and GA information for conditional sharing that does not meet the conditions for sharing, if the users request the verification and comparison of the information, the providers shall cooperate with them, unless otherwisestipulated by laws, regulations and rules.
Article 27 If the GA departments need to share the GA information across levels or regions, they shall follow the procedures set out in Article 26 hereof through the municipal and district platforms for GA information sharing.
Article 28 In case of failure of disputes between GA departments at the same level in the process of GA information sharing to be resolved through negotiation, the relevant authority for GA information sharing at the same level shall go through mediation and resolve them. If the authority fails to do so, it shall seek to resolve the dispute in a joint review together with the relevant department of public sector reform, government legal institution, and department of government service management. If the joint review fails, the relevant authority for GA information sharing shall submit the disputes in writing to the people's government at the same level for decision. If the people's government decides that the information should be shared, the providers shall provide relevant GA information within 5 working days.
In case disputesbetween municipal and district GA departments or between cross-district GA departments in the process of GA information sharing cannot be resolved through negotiation, relevant municipal authorities for GA information sharing shall resolve the disputes with reference to rules set out in the preceding paragraph.
Article 29 The GA information obtained by GA departments through the GA information sharing platforms can be used as the basis for administrative law enforcement and handling of affairs.
Article 30 If the users have any objection to the content of the shared GA information or identify obvious errors, they shall submit a verification request to the providers through the GA information sharing platforms.
After receiving the request for the verification of GA information, the providers shall make the verification within 5 working days and give feedback to the users. If the verification result indicates inconsistency with the original GA information, the providers shall also correct relevant data at the same time.
Article 31 Where mistakes are made in the process of administrative law enforcement or handling of affairs due to inaccurate shared GA information, the users will not be held accountable.
Each GA department shall promptly report any such mistakes in the administrative law enforcement or handling of affairs due to inaccurate shared GA information to therelevant authorities for GA information sharing for documentation.
Chapter VI Protection of Interests of the Parties Involved
Article 32 For GA information that can be obtained through the GA information sharing platforms, the GA departments shall not request repeated provision of relevant materials from the parties involved.
Each GA department should further re-engineer and optimize the business processes based on the sharing of GA information. Materials that are within the scope of GA information sharing and not to be provided repeatedly by the parties involved in various business matters should be removed from or marked in the publicly available instructions.
Article 33 In the course of GA departments handling related business that involve natural and legal persons and other organizations, if the parties involved raise objections to the content of shared GA information, the users shall submit a request for verification to the providers following the procedures set out in Article 30 hereof, instead of asking the parties involved to correct the GA information at the providers on their own. Where the parties involved are able to provide legal and valid documentation, the users shall handle the business by law, and must not refuse to do so on the ground that the documentation is inconsistent with the shared GA information.
Article 34 Where the legitimate interests of natural and legal persons or other organization are infringed upon by an administrative act due to the inaccurate shared GA information, the interested party shall have the right to apply for administrative reconsideration, file an administrative proceeding, and request state compensation by law.
If the GA departments request repeated provision of GA information that can be obtained through the GA information sharing platforms or reject the application of the parties involved on the ground that they fail to provide relevant materials in the process of business handling, the parties involved shall have the right to apply for administrative reconsideration or file an administrative proceeding.
Chapter VII Supervision and Security
Article 35 The relevant municipal and district authorities for GA information sharing shall set up a mechanism for the evaluation of GA information sharing together with relevant departments, to supervise the implementation of the GA information sharing in the respective administrative regions, conduct evaluations on a regular basis, and announce the evaluation results.
Article 36 If a GA department violate these Regulations, other GA departments reserve the right to file a complaint with the relevant authorities for GA information sharing. The authorities shall complete the investigation and processing of the complaint and give feedback in writing to the department filing the complaint within 15 working days upon receipt of it.
Article 37 Each GA department and organization that manages the GA information sharing platforms shall report the sharing of GA information in the previous year to the relevant authority for GA information sharing at the same level before the end of January of each year.
Relevant municipal and district authorities for GA information sharing shall submit an annual report on the sharing of GA information in the city and districts in the previous year to the people's government at the same level before the end of February each year.
Article 38 The budget for government-invested informatization projects shall be jointly evaluated with the implementation of GA information sharing by GA departments. If the budget fails to meet the requirements for GA information sharing, the related informatization projects will not be approved.
Before the application for the establishment of a government-invested informatization projects, the directory of project GA information should be prepared in advance as an important document for project approval. After the project is completed, the directory should be included in the directory management system of the sharing platform as a requirement for project acceptance.
Article 39 The relevant municipal authority for GA information sharing is responsible for organizing the establishment of a system guaranteeing the security of GA information, formulating hierarchical protection measures for information security, conducting intra-city and remote backup of databases of shared GA information on a regular basis, guiding and supervising the security of collection, sharing and use of GA information in the whole process, and implementing the risk evaluation and security review of the shared GA information on a regular basis.
Under the guidance of the municipal authority for GA information sharing, the district authority for GA information sharing shall ensure the security of shared GA information in the administrative region by implementing the risk evaluation and security review of the shared GA information on a regular basis.
Article 40 Organizations that manage the GA information sharing platforms shall adopt encryption, digital certificates, electronic signatures and other technical means to strengthen the protection of the platforms and ensure data security during the sharing and exchange of GA information.
Article 41 Each GA department shall strengthen the GA information security by formulating rules and regulations on GA information security, regularly backing up the GA information that it collects, manages and uses, and protecting the security of the GA information.
GA departments and their staff members are prohibited from disclosing the GA information obtained from the GA information sharing platforms.
Article 42 The relevant municipal and district authorities for GA information sharing shall, together with relevant confidentiality departments, public security organs and etc., formulate specifications for GA information security, establish mechanisms for emergency and disaster recovery, and develop measures for emergency response and support.
Therelevant authorities for GA information sharing shall strengthen the daily coordination among the GA departments to ensure the effective sharing of GA information in case of an emergency.
Chapter VIII Legal Liabilities
Article 43 If a GA department is in any of the following circumstances, the relevant authority for GA information sharing shall ask it to make correction and remedy within the specified timeframe; if the department fails to do so, the authority should report the situation to the people's government at the same level that will order the department to make correction and remedy:
(I) The Directory of GA Information Resources fails to be compiled or updated as required;
(II) The shared GA information it collects fails to be connected to the GA information sharing platform as required;
(III) The shared GA information provided to the GA information sharing platforms is inconsistent with that held by the department, or the shared GA information collected and provided by the department is not updated in a timely manner;
(IV) The shared GA information provided to the GA information sharing platforms does not comply with the city's uniform standards and specifications and therefore cannot be used;
(V) The shared GA information is used for purposes other than those required to perform its legal duties;
(VI) The department refuses to implement the decisions of the people's government at the same level on the sharing of GA information;
(VII) The business processes of the department are not further re-engineered and optimized based on the sharing of GA information;
(VIII) Other behaviors in violation of these Regulations.
Article 44 Staff members of the GA departments who have one of the following conducts in the sharing of GA information shall be ordered to make correction and remedy by their employers. If their acts cause serious consequences, the members will receive administrative penalties by law; if their acts constitute criminal offenses, they will assume the criminal liability by law:
(I)Falsifying the content of GA information;
(II) Disclosing the content of GA information, which infringes on the legitimate rights and interests of natural and legal persons or other organizations;
(III) Refusing to provide or deliberately postponing the provision of GA information that should be shared;
(IV) Using the shared GA information beyond the extent as required to perform its duties;
(V) Failing to update the GA information of the department in a timely manner;
(VI) Deliberately concealing the directory of shared GA information of the department;
(VII) Asking the parties involved to repeatedly provide materials in handling the business;
(VIII) Other behavior in violation of these Regulations.
Chapter IX Supplementary Provisions
Article 45These Regulations shall be implemented from July 1, 2019, and the Regulations on the Administration of Sharing of Government Information in Guangzhou are abolished at the same time.
Printed and issued by Secretariat of General Affairs Office of Guangzhou
Municipal People's Government on April 23, 2019