Notice of the State Tobacco Monopoly Administration on Issuing the Measures for the Disclosure of Government Information

Measures of the State Tobacco Monopoly Administration on Disclosure of Government Information

Chapter One General Provisions

Article 1 In order to ensure that citizens, legal persons and other organizations obtain government information from tobacco monopoly bureaus at all levels in accordance with the law, promote the construction of tobacco under the rule of law, and better play the role of government information disclosure in the production, life, and economic and social activities of the people, according to the "Chinese The Tobacco Monopoly Law of the People's Republic of China, the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, and the Regulations of the People's Republic of China on Disclosure of Government Information, are formulated in accordance with the actual work of the tobacco industry.

Article 2 The “government information” mentioned in these Measures refers to the information produced or obtained by tobacco monopoly bureaus at all levels in the course of performing administrative management functions, and recorded and kept in a certain form.

Article 3 The State Tobacco Monopoly Administration's Open Government Leading Group is responsible for coordinating and leading the State Tobacco Monopoly Administration's government information disclosure work, reviewing relevant systems, and studying and resolving major issues in the government information disclosure work. The Office of the State Tobacco Monopoly Administration's Open Government Leading Group is located in the Office of the State Tobacco Monopoly Administration. It is the competent department for the government information disclosure work of Tobacco Monopoly Administrations at all levels across the country. To supervise the government information disclosure work of Tobacco Monopoly Bureaus at all levels across the country. The specific functions are:

(1) Formulate relevant systems and work plans of the State Tobacco Monopoly Administration for government information disclosure;

(2) Maintaining and updating publicly available government information of the State Tobacco Monopoly Administration;

(3) Organizing the compilation of the State Tobacco Monopoly Administration's government information disclosure guidelines and government information disclosure catalogs, the State Tobacco Monopoly Administration's government information disclosure work annual report, and the tobacco industry's government information disclosure work annual report;

(4) Receiving, organizing, and centrally responding to citizens, legal persons, and other organizations in accordance with the law to the State Tobacco Monopoly Administration for government information disclosure applications;

(5) Organizing and carrying out the review of government information to be disclosed;

(6) Organizing government information disclosure work training;

(7) To guide and coordinate various departments of the State Tobacco Monopoly Administration and Tobacco Monopoly Administrations at all levels to carry out government information disclosure work in accordance with the law;

(8) Other functions related to the disclosure of government information prescribed by the State Tobacco Monopoly Administration.

Article 4 The work of government information disclosure shall follow the principles of fairness, fairness, legality, and convenience for the people, and adhere to the principle of openness as the normal state and non-openness as the exception.

Article 5 The State Tobacco Monopoly Administration shall promptly and accurately disclose government information within the scope of its duties, and gradually increase the content of government information disclosure. When discovering false or incomplete information that affects or may affect social stability, disrupts the order of social and economic management, accurate government information shall be released for clarification.

Article 6 The State Tobacco Monopoly Administration shall strengthen the standardization, standardization, and information management of government information resources, strengthen the construction of the government information disclosure column of the State Tobacco Monopoly Administration government website, promote the integration of government information disclosure platforms and government service platforms, and improve government information disclosure online Handling level.

Chapter II Scope and Method of Disclosure

Article 7 The Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration is responsible for publishing and updating the State Tobacco Monopoly Administration's Open Government Information Guide and the Open Government Information Catalog.

The government information disclosure guidelines include the classification, arrangement system, method of obtaining government information, and the name, office address, office hours, telephone number, fax number, and Internet contact information of the Office of the State Tobacco Monopoly Administration Leading Group for Open Government.

The open government information catalog includes the index, name, content summary, and date of creation of government information.

Article 8 The State Tobacco Monopoly Administration shall take the initiative to disclose and disclose government information upon application.

Article 9 The following government information shall not be disclosed:

(1) Government information determined as state secrets in accordance with the law, government information prohibited by laws and administrative regulations, and government information that may endanger national security, public safety, economic security, and social stability after being disclosed.

(2) Government information that involves business secrets, personal privacy, etc., that would cause damage to the lawful rights and interests of third parties. However, if a third party agrees to disclose it or the State Tobacco Monopoly Administration believes that non-disclosure will have a significant impact on public interests, it shall be disclosed.

Article 10 Internal affairs information, including information on personnel management, logistics management, internal work procedures, etc., may not be made public.

Article 11 Process information such as discussion records, process drafts, consultation letters, request reports and administrative law enforcement file information formed in the process of performing administrative management functions may not be made public. Where laws, regulations, and rules stipulate that the above-mentioned information should be disclosed, those provisions shall be followed.

Article 12 The State Tobacco Monopoly Administration shall establish and improve a dynamic adjustment mechanism for government information management, conduct regular evaluation and review of government information that is not disclosed, and disclose government information that can be disclosed due to changes in circumstances.

Chapter III Active Disclosure

Article 13 The State Tobacco Monopoly Administration shall proactively disclose the following government information that involves the adjustment of public interests, requires the public to be widely known, or requires the public to participate in decision-making:

(1) Administrative normative documents formulated by the State Tobacco Monopoly Administration in accordance with statutory authority and procedures and published publicly, involving the rights and obligations of citizens, legal persons, and other organizations, are universally binding, and apply repeatedly within a certain period of time;

(2) The functions of the State Tobacco Monopoly Administration, organization settings, office address, office hours, contact information, and the name of the person in charge;

(3) The basis, conditions, procedures and results of handling administrative licensing matters;

(4) The basis, conditions, and procedures for the implementation of administrative penalties and administrative enforcement, and administrative penalties that the State Tobacco Monopoly Administration considers to have a certain social impact;

(5) Policies, measures and implementation of poverty alleviation and employment promotion;

(6) Emergency plans, early warning information and response to public emergencies;

(7) Supervision and inspection of production safety and product quality;

(8) Other government information that should be actively disclosed in accordance with laws, regulations, rules, and relevant state regulations.

Article 14 Government information that is actively disclosed shall be disclosed through one or more of the following channels:

(1) The government website of the State Tobacco Monopoly Administration (http://www.tobacco.gov.cn);

(2) Announcement by the State Tobacco Monopoly Administration;

(3) Press conference;

(4) New government media such as the mobile client under the supervision of the State Tobacco Monopoly Administration.

The State Tobacco Monopoly Administration's government website is the main channel for the State Tobacco Monopoly Administration's government information disclosure. The government information disclosure column centrally publishes actively disclosed government information. The government information disclosure column should have functions such as information retrieval, access, and download.

Article 15 The government information that falls within the scope of active disclosure shall be disclosed in a timely manner within 20 working days from the date when the government information is generated or changed. Where laws, regulations and administrative normative documents have otherwise stipulated the time limit for the disclosure of government information, those stipulations shall prevail.

Chapter IV Disclosure upon Application

Article 16 The Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration shall be responsible for establishing and improving the work system for the disclosure of government information upon application, regulating the work procedures of receiving, registering, reviewing, handling, replying and filing the State Tobacco Monopoly Administration’s open government information application, and organizing Handle government information disclosure application matters.

Article 17: Citizens, legal persons or other organizations applying for government information can download and fill in the "State Tobacco Monopoly Administration Information Disclosure Application Form" (attachment) from the government website of the State Tobacco Monopoly Administration, and use letters, data telegrams, etc. Apply to the Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration in written form; if it is really difficult to use the written form, the applicant can submit an oral application, and the Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration will fill in the application for open government information on its behalf.

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

(1) Applicant's name or title, identity certificate, and contact information;

(2) The name, document number, or other characteristic description of the government information that is applied for disclosure;

(3) The requirements for the form of the government information to be disclosed, including the methods and channels for obtaining the information;

(4) If delivery by mail is required, a mailing address should be provided; if delivery by e-mail is required, an e-mail address should be provided.

Article 18 The time when the State Tobacco Monopoly Administration 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;

(2) If the applicant submits the application for open government information by mail, the date of receipt by the State Tobacco Monopoly Administration shall be the date of receipt of the application; if the application for open government information is submitted by ordinary letter or other non-signature mailing method, the State Tobacco Monopoly Administration shall The Office of the Leading Group for Open Government Affairs shall confirm with the applicant on the day of receipt of the application, and the date of confirmation shall be the date of receipt of the application;

(3) If the applicant submits the application for open government information through the Internet channel or the fax of the Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration, the date of confirmation by both parties shall be the date of receipt of the application.

Article 19 Where the disclosure of government information requested for disclosure would harm the legitimate rights and interests of a third party, the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration shall solicit the opinions of the third party in writing. The third party shall provide opinions within 15 working days from the date of receipt of the solicitation of opinions. If a third party fails to submit an opinion within the time limit, the Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration shall decide whether to disclose it according to the provisions of these Measures. If the third party does not agree to the disclosure and has reasonable reasons, the Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration shall not disclose the disclosure. If the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration believes that non-disclosure may have a significant impact on public interests, it may decide to disclose it, and notify the third party in writing of the content and reasons for the government information that has been decided to be disclosed.

Article 20 After the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration receives an application for open government information, it first examines the application materials. If the application materials meet the requirements of Article 17, they will be processed in accordance with the procedures for disclosure of application; those that do not meet the requirements The Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration shall notify the applicant of the supplements and corrections, the reasonable time limit for supplements and corrections, and the consequences of refusal to make corrections at one time within 7 working days from the date of receipt of the application. The reasonable time limit for the applicant can refer to the time for soliciting third-party opinions, which generally does not exceed 15 working days; the reasonable time limit for supplementation and correction shall be calculated from the date when the applicant receives the notification of the correction; If no contact information is provided and cannot be informed of supplements and corrections, the application shall be deemed to have been abandoned, and the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration will no longer process the application for open government information.

Article 21 If the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration receives an application for open government information with complete materials and can respond on the spot, it shall respond on the spot. If the reply cannot be made on the spot, the reply shall be made within 20 working days from the date of receipt of the application; if it is necessary to extend the reply period, it shall be approved by the person in charge of the Office of the State Tobacco Monopoly Administration Leading Group for Public Affairs and inform the applicant that the extended period is the longest The length should not exceed 20 working days.

The time required to solicit opinions from third parties and other agencies shall not be calculated within the time limit specified in the preceding paragraph.

Article 22: Applicants conduct petitions, complaints, reports and other activities in the form of open government information applications. The Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration shall inform the applicant that it will not be handled as an open government information application and may inform that the application will be submitted through corresponding channels. .

If the content of the application submitted by the applicant is to provide government bulletins, newspapers, books, and other public publications, the Office of the Leading Group of Open Government Affairs of the State Tobacco Monopoly Administration can inform the way of obtaining them.

Article 23 To the application for the disclosure of government information, the State Tobacco Monopoly Administration will respond separately according to the following circumstances:

(1) If the information requested for disclosure has already been voluntarily disclosed, inform the applicant of the method and means for obtaining the government information;

(2) If the information requested for disclosure can be made public, provide the government information to the applicant, or inform the applicant of the method, channel and time for obtaining the government information;

(3) If it is decided not to disclose information in accordance with the "Regulations of the People's Republic of China on the Disclosure of Government Information" and the provisions of these Measures, inform the applicant of the non-disclosure and explain the reasons;

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

(5) If the information requested for disclosure does not belong to the State Tobacco Monopoly Administration, it shall inform the applicant and explain the reasons; if the administrative agency responsible for the disclosure of the government information can be determined, the applicant shall be informed of the name and contact information of the administrative agency;

(6) If the State Tobacco Monopoly Administration has responded to the applicant's application for the disclosure of government information, and the applicant repeatedly applies for the disclosure of the same government information, it shall inform the applicant not to repeat the processing;

(7) If the information requested for disclosure belongs to information such as industrial and commercial, real estate registration materials, and relevant laws and administrative regulations have special provisions on the acquisition of information, the applicant shall be notified to handle it in accordance with the relevant laws and administrative regulations.

Article 24: If the information requested for disclosure contains content that should not be disclosed or that is not government information, but can be processed separately, the applicant shall provide the applicant with the content of government information that can be disclosed, and explain the reasons for the non-disclosure content .

Article 25 The information provided by the State Tobacco Monopoly Administration to the applicant shall be government information that has been produced or obtained. Except for those that can be processed separately in accordance with Article 24 of these Measures, those that require processing and analysis of existing government information may not be provided.

Article 26 If the number and frequency of the applicant's application for disclosure of government information are clearly beyond the reasonable range, the Office of the Leading Group for Disclosure of Government Affairs of the State Tobacco Monopoly Administration may require the applicant to explain the reasons. If the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration believes that the reasons for the application are unreasonable, it shall inform the applicant that it will not be processed; the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration thinks that the reasons for the application are reasonable, but the application cannot be within the time limit specified in Article 21 of these Measures. If it responds to the applicant within, the reasonable time limit for delaying the reply may be determined and the applicant shall be notified.

Article 27 The Office of the State Tobacco Monopoly Administration's Open Government Affairs Leading Group shall, upon application, determine the specific form of providing government information according to the applicant's requirements and the actual situation of the State Tobacco Monopoly Administration's preservation of government information; according to the applicant's requirements If the government information is provided in the form of, which may endanger the security of the government information carrier or the disclosure cost 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 28: If citizens, legal persons or other organizations have evidence to prove that the government information records provided by the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration are inaccurate, they may request the State Tobacco Monopoly Administration to correct them. If the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration is verified to be true, it shall be corrected and the applicant shall be notified; if it is not within the scope of the functions of the State Tobacco Monopoly Administration, the Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration may transfer to the administrative agency authorized to make corrections for handling and processing. Notify the applicant, or notify the applicant to file with the administrative agency that has the right to make corrections.

Article 29 The State Tobacco Monopoly Administration provides government information upon application without charging fees. However, if the number and frequency of the applicant’s application for disclosure of government information is clearly beyond the reasonable range, the State Tobacco Monopoly Administration may follow the information department established by the State

The administrative fee management measures shall be dealt with in accordance with the regulations of the administrative competent authority at the next higher level.

Article 30 If citizens who apply for the disclosure of government information have difficulties in reading or seeing and hearing, the Office of the Leading Group for Disclosure of Government Affairs of the State Tobacco Monopoly Administration shall provide them with necessary assistance.

Article 31 If multiple applicants file an application for disclosure of the same government information to the State Tobacco Monopoly Administration, and the government information can be disclosed, the Office of the Leading Group for Disclosure of Government Affairs of the State Tobacco Monopoly Administration may include relevant information in the scope of active disclosure.

For government information disclosed by the State Tobacco Monopoly Administration upon application, if the applicant believes that it involves public interest adjustments, needs to be widely known, or requires public participation in decision-making, it may suggest that the Office of the State Tobacco Monopoly Administration's Government Affairs Disclosure Leading Group include the information in the scope of active disclosure . If the Office of the Leading Group for Disclosure of Government Affairs of the State Tobacco Monopoly Administration has verified that it falls within the scope of active disclosure, it shall actively disclose it in a timely manner.

Chapter V Supervision and Assessment

Article 32 The Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration is responsible for establishing and improving the assessment system for the disclosure of government information in the tobacco industry, and regularly provides daily guidance on the implementation of government information disclosure by the State Tobacco Monopoly Administration and various provincial tobacco monopoly bureaus. And supervision and inspection, and urge rectification or circulate criticism for those who fail to carry out government information disclosure work as required.

Article 33 The Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration is responsible for organizing government information openness training for various departments of the State Tobacco Monopoly Administration and provincial Tobacco Monopoly Administrations.

Article 34: Citizens, legal persons, or other organizations that believe that the State Tobacco Monopoly Administration has infringed on their legitimate rights and interests in the work of open government information may complain or report to the next higher administrative agency or the competent department of open government information work, or they may apply for administration in accordance with the law. Reconsideration or administrative litigation.

Article 35 The Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration is responsible for compiling the annual report of the State Submit to the State Tobacco Monopoly Administration Office of the Leading Group for Disclosure of Government Affairs the previous year of the system’s annual report on the disclosure of government information for the previous year and publish it to the public before the 31st. The Office of the Leading Group for Open Government Affairs of the State Tobacco Monopoly Administration will gather the annual reports of the provincial tobacco monopoly bureaus in the industry before March 31 each year, and compile and publish to the public the annual report on government information disclosure in the tobacco industry.

Article 36 The State Tobacco Monopoly Administration shall compile the annual report of the State Tobacco Monopoly Administration on the disclosure of government information in accordance with the uniform format of the annual report on the disclosure of government information published by the competent department of government information disclosure across the country, including the following content:

(1) Active disclosure of government information;

(2) The status of receipt and processing of government information disclosure applications;

(3) Circumstances where administrative reconsideration or administrative litigation is filed due to government information disclosure work;

(4) Main problems and improvements in government information disclosure;

(5) Other matters that need to be reported.

Chapter VI Supplementary Provisions

Article 37 The government information disclosure work of all provincial Tobacco Monopoly Bureaus shall be implemented with reference to these Measures and relevant laws, regulations and rules, and shall establish and improve the government information disclosure work system and strictly regulate according to the actual situation of the unit’s performance of administrative management functions. The procedures for proactive disclosure, the procedures for the registration, review, handling, reply, filing and delivery of processing decisions, relevant implementation rules and other working systems are reported to the Office of the State Tobacco Monopoly Administration Leading Group for Open Government for the record.

Each provincial tobacco monopoly bureau shall designate a department to be responsible for the daily work of the government information disclosure of the agency at the same level, and be responsible for promoting, guiding, coordinating, and supervising the government information disclosure work of the tobacco monopoly bureau at all levels under its jurisdiction.

Tobacco monopoly bureaus at all levels shall, in accordance with the provisions of Article 13 of these Measures, and based on the actual situation of the unit performing administrative management functions, determine the specific content of the unit's initiative to disclose government information, and publish it in a centralized and unified manner through the government information disclosure column of the unit's government website Proactively disclosed government information. Tobacco Monopoly Bureaus that have not established a government website can disclose government information through the government website of the higher-level Tobacco Monopoly Bureau.

Article 38 The State Tobacco Monopoly Administration is responsible for the interpretation of these measures.

Article 39 These Measures shall come into force on the date of issuance, and the "Measures for the Disclosure of Government Information of the State Tobacco Monopoly Administration" (State Tobacco Monopoly Administration [2009] No. 337) issued on September 3, 2009 shall be repealed at the same time.