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Rules of Guangzhou Municipality on Administration of In-house Government Information Sharing

2024-04-08 16:10
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  (Issued on April 10, 2019 in accordance with Decree No. 165 of the People's Government of Guangzhou Municipality and put into effect on July 1, 2019)

  Chapter IGeneral Provisions

  Article 1     These Rules are formulated in accordance with the Regulations of Guangzhou Municipality on the Promotion of Informatization and other relevant regulations, on the basis of the actual conditions of the government work of this Municipality, and with a view to standardizing the sharing of in-house government information, promoting the effective utilization of in-house government information, enhancing administrative efficiency and improving the quality of social management and service.

  Article 2    These Rules shall apply to the sharing of in-house government information between different government agencies of this Municipality.

  The organs accredited to the Municipality by central state organs and the organs directly under Guangdong Province or the dispatched agencies may participate in the sharing of in-house government information of the Municipality by reference with these Rules, unless otherwise prescribed by laws, regulations and rules.

  Public enterprises and institutions as well as social organizations in the fields of education, medical care, family planning, water supply, power supply, gas supply, heat supply, finance, telecommunications and public transportation that are closely related to the interests of the people in the administrative area of the Municipality shall share in-house government information according to law by reference with these Rules.

  Article 3     The term “in-house government information” herein refers to all information of documents, facts, charts and data recorded and preserved in certain forms that are produced or acquired by the government agencies in the course of performing their duties, including the information collected by the government agencies directly or through the third parties according to law, authorized to be managed by the government agencies according to law and required to be produced on the basis of the in-house government information systems for the government agencies' performance of duties.

  The term “in-house government information sharing” herein refers to the acts of using the in-house government information of other government agencies and offering in-house government information to other government agencies for the sake of the performance of duties.

  The term “government agencies” herein refers to the administrative organs at all levels of the Municipality and the public institutions and social organizations authorized to perform administrative functions according to laws and regulations or entrusted by the administrative organs.

  The term “in-house government information sharing platform” herein refers to an information platform that provides support for the sharing of in-house government information between different government agencies.

  Article 4In-house government information sharing shall adopt the following principles:

  (1) Sharing of all information except for special cases. The in-house government information produced by various government agencies shall be shared in principle, except that state secret is involved or as otherwise prescribed by laws, regulations and rules.

  (2) Standardized sharing. Each government agency shall, in accordance with the needs of performing its duties, implement in-house government information sharing in accordance with procedural norms and technical specifications, so as to provide all needed in-house government information timely for legal use free of charge.

  (3) High efficiency and facilitating the people. Government agencies shall strengthen the reconstruction and optimization of business processes based on in-house government information sharing, lower the threshold of service, improve service quality, and fully protect the legitimate rights and interests of the parties concerned.

  (4) Safeguarding security. Government agencies and in-house government information sharing authorities shall strengthen the system guarantee and technical guarantee for the safety of in-house government information sharing to ensure the smooth and orderly sharing of in-house government information.

  Article 5     The municipal and district people's governments shall be responsible for the organization and leadership over the sharing of in-house government information within their respective administrative areas and coordinately solve major issues related to the sharing of in-house government information.

  The municipal and district in-house government information sharing authorities shall take charge of the daily management of in-house government information sharing within their respective administrative areas, organize the establishment of the in-house government information sharing platforms at the corresponding levels, compile and maintain the in-house government information resources directories and the in-house government information sharing directories at the corresponding levels, and manage the infrastructures for in-house government information sharing, formulate relevant technical standards and norms in conjunction with the administrative department of standardization, clarify the competent department for collecting and providing in-house government information in junction with the competent department in charge of organization establishment and regularly supervise and evaluate the implementation of in-house government information sharing.

  Article 6     Government agencies shall act ex officio in collecting, verifying, updating and sharing the in-house government information, and compiling and maintaining their respective in-house government information resources directories as well as legally use the collected shared in-house government information in accordance with relevant provisions of laws, regulations and rules.

  Government agencies shall jointly establish a sound in-house government information sharing management system indicating the objectives, responsibilities and implementation institutions. The head of a government agency shall be the primary responsible person for the sharing of in-house government information thereof.

  Article 7     The expenditures for the collection, directory compilation, exchange and sharing, operation and maintenance of in-house government information, etc. shall be included into the government agencies' respective investments in informatization projects and supported by the financial departments at all levels.

  Chapter II  In-house Government Information Sharing Directories

  Article 8     Each government agency shall compile the directory of its in-house government information resources and submit it to the in-house government information sharing authority at the corresponding level in accordance with the requirements of the in-house government information resources directory system. The in-house government information sharing authority shall then compile the directory of in-house government information resources at the corresponding level based on the directories from each government agency.

  Where the relevant laws and regulations are amended or the administrative functions are changed, the government agencies concerned shall update their directories within 15 working days upon the amendment or change and submit their updated directories to the in-house government information sharing authorities at the corresponding levels, which shall then update their directories of in-house government information resources at the corresponding level within 15 working days upon the receipt of the updated directories from the government agencies.

  The municipal and district in-house government information sharing authorities shall be responsible for supervising and evaluating the update of the in-house government information resources directories conducted by the government agencies at the corresponding levels.

  Article 9In-house government information is divided by sharing types into three categories: unconditioned shareable information, conditioned shareable information and non­shareable information.

  Unconditioned shareable information refers to the in-house government information that can be shared and used by any and all government agencies.

  Conditioned shareable information refers to the in-house government information that can only be shared with relevant government agencies or can only be partially offered to the government department for sharing and use.

  Non­sharable information refers to the in-house government information that is not suitable for sharing with other government agencies.

  Article 10   Each government agency shall specify the sharing type of its in-house government information one by one in its in-house government information resources directory.

  The basic information about natural persons, legal persons, natural resources, spatial geographic information and E­license information, etc. shall be specified as the unconditioned shareable information.

  For the conditioned shareable in-house government information, bases and sharing conditions shall be specified.

  For non­shareable in-house government information, laws/administrative regulations involved or the policies of the Party Central Committee/the State Council involved shall be specified as references.

  Article 11    The municipal and district in-house government information sharing authorities shall compile the in-house government information sharing directories at the corresponding levels and announce to the government agencies throughout the Municipality according to the in-house government information resources directories at the corresponding level.

  An in-house government information sharing authority shall update the in-house government information sharing directory at the corresponding level according to the update of the in-house government information resources directory at the corresponding level and announce to the government agencies throughout the Municipality.

  The in-house government information sharing directory shall include the sharing content, type, conditions, method and scope, update frequency and the specific purpose of the in-house government information as well as the departments collecting, verifying and providing such shared in-house government information.

  Chapter III In-house Government Information Sharing Platform

  Article 12   The in-house government information sharing platforms at all levels shall be the key information infrastructure for the administration of directories of in-house government information resources and the in-house government information sharing directories at all levels, and for supporting government agencies to conduct in-house government information sharing.

  Article 13   The municipal in-house government information sharing authority shall coordinately construct the municipal in-house government information sharing platform to provide in-house government information sharing services for government agencies at the municipal level.

  The district in-house government information sharing authorities shall coordinately construct the district in-house government information sharing platform to provide in-house government information sharing services for government agencies at the district level and dock with the municipal in-house government information sharing platform.

  The municipal and district in-house government information sharing authorities shall determine in accordance with the law the in-house government information sharing platform managemnet agencies at the corresponding levels to be responsible for the daily management and operational maintenance of the in-house government information sharing platform at the corresponding level and the enhancement of the daily management of the shared in-house government information, so as to ensure the normal operation of the in-house government information sharing platform at the corresponding level.

  Article 14      The municipal in-house government information sharing authority shall be responsible for coordinating the construction of the basic information databases of natural persons, legal persons, natural resources and spatial geographic information as well as the E­license information databases and other shared information databases throughout the Municipality.

  Government agencies shall, in accordance with the provisions of laws and regulations and the needs to perform their duties, coordinately construct and administer their respective professional databases.

  Article 15   The municipal in-house government information sharing authority shall, in conjunction with the municipal standardization authority, formulate the unified technical standards and norms for in-house government information sharing in the Municipality, including data element standards, code standards, information classification standards and interface specifications of in-house government information. Any and all government agencies shall abide by the unified technical information sharing standards and norms for in-house government information sharing to ensure effective interconnection.

  The unified technical standards and norms formulated by the municipal in-house government information sharing authority in conjunction with the municipal standardization authority shall be in conformity with the national and provincial technical standards and norms to ensure the consistency and compatibility of the data output format.

  Article 16   The sharing of in-house government information not involving any state secret among various government agencies shall be implemented through the in-house government information sharing platform.

  The business information system of each government agency shall connect to the in-house government information sharing platform at the corresponding level. Any new business information system that needs to implement cross­departmental in-house government information shall conduct information sharing through the in-house government information sharing platform. The original cross­departmental in-house government information sharing and exchange system shall be gradually connected to the in-house government information sharing platform.

  Government agencies may, as required for performing of their respective duties, conduct the special sharing of specific in-house government information among specific government agencies through the special sharing methods, provided that such special sharing shall be implemented through the in-house government information sharing platform. Special sharing shall be organized and coordinately implemented by the leading government agency in charge of special sharing.

  Article 17   Government agencies shall publish the information about their respective personnel responsible for the in-house government information sharing on the in-house government information sharing platforms at the corresponding level.

  Where the responsible personnel change, the corresponding government agency shall notify the in-house government information sharing platform management agency at the corresponding level within 5 working days from the date of such a change.

  Chapter IV Collection, Verification and Provision of In-house Government Information

  Section 1     General Provisions

  Article 18   Government agencies shall collect, verify and provide shared in-house government information within the scope of functions as well as ensure the only one source, content validity, and conformity with the Municipality’s unified technical standards and norms of the shared in-house government information according to the division of responsibilities for in-house government information sharing directories at the corresponding level, so as to guarantee the quality of the shared in-house government information.

  Article 19   Government agencies shall, according to the principle of “the one who collects the information shall be the one in charge of it and the one who provides the information shall be the one responsible for it”, promptly update the shared in-house government information collected, verified and provided by it and ensure the consistency of the shared in-house government information provided by it with the in-house government information it has held.

  Where such basic information about natural persons, legal persons, natural resources, spatial geographic information and E­license information changes, update shall be conducted promptly.

  Where other in-house government information changes, update shall be conducted within 5 working days from the date of such a change.

  Under special circumstances, a government agency shall, after being approved by the in-house government information sharing authority at the same level, conduct update at least once within 10 working days after the start of each quarter.

  Article 20   Where the in-house government information collected by each government agency is included in the in-house government information sharing directory, it shall be directly connected to the in-house government information sharing platform in accordance with the unified technical standards and norms.

  The in-house government information from each government agency to the in-house government information sharing platform shall be subject to confidentiality review in advance and involve no state secret. The information about natural persons shall be based on legal identity documents, while the information about legal persons and other institutions shall be based on the unified social credit codes. Any market operator that does not have a unified social credit code shall provide its business license.

  Section 2     Collection, Verification and Provision of Basic Information About Natural Persons

  Article 21   Relevant government agencies shall be responsible for the collection, verification and provision of the following basic information of natural persons ex officio:

  (1) The household registration information shall be collected, verified and provided by the public security organs ex officio;

  (2) The information for residence registration and residence permits of floating population shall be collected, verified and provided by the migrants­related service authorities and the floating population authorities at the town and subdistrict office levels entrusted by the public security organs ex officio;

  (3) The information on the marriage registration and adoption registration of mainland residents shall be collected, verified and provided by the civil affairs authorities and the town people's governments ex officio;

  (4) The birth and death registration information shall be collected, verified and provided by the health authorities and the public security organs ex officio;

  (5) The family planning information shall be collected, verified and provided by the family planning authorities and the town people's government and sub­district offices ex officio;

  (6) Social security information and subsistence allowances information shall be collected, verified and provided by the human resources and social security authorities and the civil affairs authorities ex officio;

  (7) Education information shall be collected, verified and provided by the education authorities, regular higher education institutions and scientific research institutions ex officio;

  (8) The registration information of persons with disabilities shall be collected, verified and provided by the disabled people service agencies ex officio;

  (9) The registration information of housing provident fund shall be collected, verified and provided by the housing provident fund authorities ex officio;

  (10)      Individual tax information shall be collected, verified and provided by the taxation authorities ex officio;

  (11)      The designated guardianship information shall be collected, verified and provided by the civil affairs authorities and the town people's governments and sub­district offices ex officio; and

  (12)      The information about qualification certificates and practicing certificates shall be collected, verified and provided by the certificate issuing authorities ex officio.

  Article 22   While providing the basic information about natural persons, all government agencies except public security organs shall provide the names of the natural persons and the types and numbers of the legal identity documents for identity authentication.

  Section 3     Collection, Verification and Provision of Basic Information About Legal Persons and Other Organizations

  Article 23   Relevant government agencies shall be responsible for the collection, verification and provision of the basic information about the following legal persons and other organizations ex officio:

  (1) The registration information about enterprises and individual businesses shall be collected, verified and provided by the market regulation authorities ex officio;

  (2) The enterprise tax registration information shall be collected, verified and provided by the taxation authorities ex officio;

  (3) The registration information about non­profit organizations, such as private non­enterprise units, social organizations, foundations and social welfare organizations, shall be collected, verified and provided by the social organization management authorities ex officio;

  (4) The registration information of public institutions shall be collected, verified and provided by the public institution registration authorities ex officio; and

  (5) The unified social credit code information of legal persons and other organizations shall be collected, verified and provided by the market regulation authorities, the social organization management authorities, the public institution registration authorities, etc. ex officio.

  Section 4     Collection, Verification and Provision of Other Basic Information

  Article 24   The administrative authorities in charge of land and resources, agriculture, forestry, oceans, water conservancy, meteorology, environmental protection, urban­rural planning, etc. and institutions engaged in related researches shall be responsible for the collection, verification and provision of basic information about natural resources and spatial geography, such as information about lands, minerals, energy, forests, grasslands, fisheries, wildlife, oceans, water, climate (meteorology) and urban­rural planning, ex officio.

  Chapter VAccess to and Use of In-house Government Information

  Article 25   A government agency using the shared in-house government information (hereinafter referred to as the “user”) shall access and use shared in-house government information legally based on the need for their duty performance, according to the principle of “the one who processes the information shall be the one who uses it and the one who manages the information shall be the one responsible for it”.

  The shared in-house government information accessed by the user from the in-house government information sharing platform can only be used for the purpose of performing its duties according to the specified purpose, and shall not be provided to any third parties directly or in the form of changing the data, or subject to be tampered with, or used or disguised for other purposes.

  Article 26   The unconditioned shareable in-house government information shall be directly accessed by the user from the in-house government information sharing platform at the corresponding level. The specific access procedures shall be separately formulated by the municipal in-house government information sharing authority.

  To access the conditioned shareable in-house government information, the user shall submit an application to the government agency providing the shared in-house government information (hereinafter referred to as the “provider”) through the in-house government information sharing platform, and the provider shall reply within 5 working days after receiving the application. If the provider agrees to provide such information, it shall complete the sharing within 5 working days upon its reply. If not, it shall explain the reason. If neither reply nor reason is given within 5 working days, it shall be deemed as it agrees to provide such information.

  Where the user applies for verification and comparison of non­sharable in-house government information or the conditioned shareable in-house government information that does not meet the conditions for sharing, the provider shall coordinate such an application, except as otherwise provided by laws, regulations and rules.

  Article 27   Where a government agency needs to share in-house government information across levels or across regions, it shall conduct the sharing through both municipal and district in-house government information sharing platforms in accordance with the process stipulated in Article 26 herein.

  Article 28In case of any dispute or failure in negotiation in the process of in-house government information sharing between two government agencies at the same level, the in-house government information sharing authority at the same level shall be responsible for reconciliation. If the reconciliation fails, a joint trial shall be conducted with the administrative authorities in charge of organization establishment, legislative affairs and government affairs service management at the same level. If the joint trial fails, a written request shall be submitted to the people's government at the same level for ruling. Where the people's government at the same level decides that the in-house government information concerned should be shared, the provider shall provide relevant in-house government information within 5 working days.

  In case of any dispute or failure in negotiation during the sharing of in-house government information between the municipal and district government agencies or between inter­district government agencies, the in-house government information sharing authority shall resolve the dispute by referring to the provisions of the preceding paragraph.

  Article 29   The in-house government information obtained by the government agencies from the in-house government information sharing platform may be served as the basis for administrative law enforcement and practices.

  Article 30   Where the user disagrees with or finds any obvious errors in the content of the shared in-house government information, it shall submit a request for verification to the provider through the in-house government information sharing platform.

  The provider shall conduct the verification and report the verification result to the user within 5 working days upon the receipt of the request for verifying the content of the in-house government information. If the verification result is inconsistent with the original in-house government information, the provider shall correct the relevant data at the same time.

  Article 31   Where a fault is committed in the administrative law enforcement or the practices due to the inaccuracy of the shared in-house government information, the user shall not be held responsible for the fault.

  A government agency shall promptly report such a fault to the in-house government information sharing authority for filing.

  Chapter VI        Protection of the Rights and Interests of the Parties Concerned

  Article 32   For the in-house government information that can be accessed through the sharing of in-house government information, a government agency shall not require the parties concerned to provide relevant facts repeatedly.

  Government agencies shall strengthen the reconstruction and optimization of business processes based on in-house government information sharing. Any facts included in the scope of in-house government information sharing that are not required to be repeatedly provided by the parties concerned in various business processes shall be deleted or indicated in the publicly available service guide.

  Article 33   When a government agency handles the relevant business processes involving natural persons, legal persons or other organizations, if the party concerned raises an objection to the content of the shared in-house government information, the user shall submit a request for verification to the provider in accordance with the process stipulated in Article 30 hereof and shall not require the party concerned to go to the provider’s office to handle the formalities for correcting the in-house government information. Where the party concerned can provide legal and valid supporting evidence, the user shall handle the matter according to law and shall not refuse to do so on the grounds of inconsistency with the shared in-house government information.

  Article 34   Where legitimate rights and interests of natural persons, legal persons or other organizations are infringed by administrative act due to the inaccuracy of shared in-house government information, the interested parties shall have the right to apply for administrative reconsideration, file an administrative lawsuit and apply for state compensation according to law.

  For the in-house government information that can be accessed through the sharing of in-house government information in the business process, if the government department requires the party concerned to repeatedly provide relevant facts or refuses the application of the party concerned on the grounds that it fails to provide relevant facts, the party concerned shall have the right to apply for administrative reconsideration or file an administrative lawsuit.

  Chapter VII       Supervision and Security

  Article 35   The municipal and district in-house government information sharing authority shall, in conjunction with relevant authorities, establish an evaluation mechanism for the in-house government information sharing to supervise the implementation of in-house government information sharing in their respective administrative areas, conduct regular evaluations and report the evaluation results.

  Article 36   Where a government agency violates these Rules, other government agencies shall have the right to complain to the in-house government information sharing authority. The in-house government information sharing authority shall then investigate and resolve the complaint within 15 working days upon the receipt of the complaint and report the resolution result to the complaint department in writing.

  Article 37   Government agencies and in-house government information sharing platform management agencies shall, before the end of January of each year, report the implementation of in-house government information sharing in the previous year to the in-house government information sharing authorities at the corresponding levels.

  The municipal and district in-house government information sharing authorities shall, before the end of February of each year, submit to the people's governments at the corresponding levels the annual reports on the implementation of in-house government information sharing throughout the Municipality and the district in the previous year respectively.

  Article 38   The expenditures on government investment on informatization projects shall be jointly evaluated with the evaluation on the implementation of in-house government information sharing conducted by the government agencies. If the expenditures do not meet the requirements for in-house government information sharing, the government investment on informatization projects shall not be approved.

  Prior to the application of the government investment on an informatization project, an in-house government information directory for the project shall be pre­formed as an important document for project approval. After the project is completed, the pre­formed directory shall be included into the directory management system of the sharing platform as an important document for the project acceptance check.

  Article 39   The municipal in-house government information sharing authority shall be responsible for organizing the establishment of an in-house government information security system, developing protection measures for information at different security levels, and regularly backing up the in-house government information sharing database in the same city and in remote areas, guiding and supervising the security work in the whole process of collection, sharing and using of in-house government information and conducting risk assessment and security review of in-house government information sharing on a regular basis.

  Under the guidance of the competent municipal department of in-house government information sharing, the district in-house government information sharing authority shall act for the security protection of in-house government information sharing within its administrative area and conduct the risk assessment and security review of in-house government information sharing on a regular basis.

  Article 40   An in-house government information sharing platform management agency shall adopt encryption, digital certificates, electronic signatures and other technical measures to strengthen the security protection of the in-house government information sharing platform and ensure data security during the transmission of in-house government information.

  Article 41   Government agencies shall strengthen the security management of the in-house government information, formulate rules and regulations for the security management of in-house government information, regularly back up the in-house government information collected, managed and used and take measures to protect the security of in-house government information.

  No government agency or its staff is allowed to disclose the content of in-house government information accessed from the in-house government information sharing platform.

  Article 42   The municipal and district in-house government information sharing authorities shall, in conjunction with the secrecy authorities and public security organs, formulate work norms for the security of in-house government information, establish emergency response and disaster recovery mechanisms, and develop emergency response and support measures.

  The in-house government information sharing authorities shall strengthen the daily joint actions among government agencies to ensure the effective implementation of in-house government information sharing in the event of an emergency.

  Chapter VIII     Legal Liability

  Article 43   Any government agency under one of the following circumstances shall be notified by the in-house government information sharing authority for rectification. If it fails to complete the rectification within the prescribed time limit, the in-house government information sharing authority shall promptly report such a matter to the people's government at the corresponding level, which shall ask the government agency for corrections:

  (1) Failing to compile or update the directory of in-house government information resources as required;

  (2) Failing to connect the shared in-house government information collected by it to the in-house government information sharing platform as required;

  (3) The shared in-house government information provided by it to the in-house government information sharing platform is inconsistent with the in-house government information held by it, or failing to update the shared in-house government information that it bears the responsibility of collection and provision timely;

  (4) The shared in-house government information provided by it to the in-house government information sharing platform cannot be used due to inconformity with the unified standards and norms of the Municipality;

  (5) Using the in-house government information for purposes other than the need to perform its statutory duties;

  (6) Refusing to implement the regulations and decisions of the people's government at the corresponding level on the in-house government information sharing;

  (7) Failing to optimize or reconstruct its business processes based on in-house government information sharing; or

  (8) Other actions in violation of these Rules.

  Article 44   Any staff member of a government agency who commits one of the following actions in the work of in-house government information sharing shall be required by the government agency to make corrections. If the case is serious, administrative sanctions shall be imposed according to law. Moreover, if a crime is constituted, criminal liabilities shall be investigated and affixed according to law:

  (1) Tampering with the content of in-house government information;

  (2) Disclosing the content of in-house government information and thus infringes on the legal rights and interests of natural persons, legal persons or other organizations;

  (3) Refusing to provide or deliberately delaying the provision of in-house government information that should be shared;

  (4) Using shared in-house government information for purposes other than the necessary scope for performing his/her duties;

  (5) Failing to timely update the in-house government information of the government agency he/she works for;

  (6) Deliberately concealing the information in the in-house government information sharing directory of the government agency he/she works for;

  (7) Requiring the parties concerned to provide facts repeatedly during his/her work; or

  (8) Other actions in violation of these Rules.

  Chapter IX   Supplementary Provisions

  Article 45   These Rules shall become effective as of July 1, 2019, and the Rules of Guangzhou Municipality for the Administration of Government Information Sharing shall be abolished accordingly.