General Office of the State Council on Promoting the Allocation of Public Resources
Opinions on the disclosure of government information
Guo Ban Fa [2017] No.97
People’s governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
In accordance with the requirements of the CPC Central Committee and the State Council’s decision-making arrangements and the Notice of the General Office of the State Council, the General Office of the Central Committee of the CPC on Printing and Distributing the Opinions on Comprehensively Promoting the Openness of Government Affairs, and in order to further promote the openness of government information in the field of public resource allocation, with the consent of the State Council, we hereby put forward the following opinions.
一、指导思想
全面贯彻党的十九大精神，坚持以习近平新时代中国特色社会主义思想为指导，统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局，牢固树立和贯彻落实创新、协调、绿色、开放、共享的发展理念，不断推进国家治理体系和治理能力现代化，按照党中央、国务院关于全面推进政务公开工作的重要部署要求，推进公共资源配置决策、执行、管理、服务、结果公开，扩大公众监督，增强公开实效，努力实现公共资源配置全流程透明化，不断提高公共资源使用效益，维护企业和群众合法权益，为稳增长、促改革、调结构、惠民生、防风险作出贡献，促进经济社会持续健康发展。
二、主要任务
本意见所称公共资源配置，主要包括保障性安居工程建设、保障性住房分配、国有土地使用权和矿业权出让、政府采购、国有产权交易、工程建设项目招标投标等社会关注度高，具有公有性、公益性，对经济社会发展、民生改善有直接、广泛和重要影响的公共资源分配事项。各地区、各部门要根据区域、行业特点，进一步明确本地区、本行业公共资源配置信息公开范围，细化公开事项、内容、时限、方式、责任主体、监督渠道等，纳入主动公开目录清单。
(1) Highlight the key points of publicity.
1. The field of housing security. In terms of project construction, it mainly discloses the planning and construction scheme of affordable housing projects in cities and towns, the annual construction plan information (including the amount of planned tasks, planned project information and planned apartment type), the completion information of construction plans (including the completion progress of planned tasks, basic information of started projects, basic information of completed projects and the construction of supporting facilities), and the implementation information of policies and measures related to the renovation of dilapidated houses in rural areas (including the renovation policy of dilapidated houses in rural areas, the identification process of objects, the allocation of subsidy funds and the renovation results); In terms of housing allocation, it mainly discloses information such as the allocation policy, allocation object, allocation housing, allocation procedure, allocation process and allocation result of affordable housing.
2. The field of transferring state-owned land use rights. Mainly disclose information such as land supply plan, transfer announcement, transaction announcement and supply results.
3. Mining right transfer field. Mainly open the information such as the announcement of the transfer, the information of the examination and approval results, and the project information.
4. The field of government procurement. The main public procurement project announcement, procurement documents, procurement project budget, procurement results, procurement contracts and other procurement project information, complaints and supervision and inspection decisions made by the financial sector, assessment results of centralized procurement institutions, records of illegal and untrustworthy behaviors and other supervision and punishment information.
5. The field of state-owned property rights transactions. In addition to commercial secrets, it mainly discloses information on decision-making and approval of property rights transactions, information on transaction items, transfer price, transaction price, audit results of relevant intermediaries and so on.
6. Bidding field of engineering construction projects. Mainly disclose the information on the examination and approval of the project subject to tender according to law, the credit of the market subject and so on. Except those involving state secrets and commercial secrets, the tender announcement (including tender conditions, project overview and tender scope, bidder’s qualification requirements, tender documents acquisition, tender documents submission, etc.), the winning candidate (including the ranking, name, bid quotation, construction period, bid evaluation, project leader, personal performance, relevant certificates and numbers, qualifications and abilities of the winning candidate in the tender documents, channels and methods for raising objections, etc.)
(2) Clearly disclose the subject.
According to the principle of "who approves, who makes public, who implements, who makes public, who makes public", the approval result information of public resource allocation involving administrative examination and approval shall be made public by the examination and approval department; The basic information of public resource projects, information on the allocation (transaction) process, information on winning the bid (transaction) and information on contract performance shall be disclosed by the state organs, enterprises and institutions that manage or implement the allocation of public resources according to the information available. In addition, explore the establishment of a "blacklist" system for the allocation of public resources, and gradually include information on bad behaviors such as defrauding public resources into the "blacklist", and relevant information will be disclosed by the departments responsible for management.
(3) Broaden open channels.
Give full play to the role of the government website as the first platform, release all kinds of information in the field of public resource allocation in a timely manner, and smooth the open channels according to the application. Actively use government Weibo WeChat, news media, government clients, etc. to broaden information disclosure channels, develop online services, and enhance user experience. Build a public resource transaction data sharing platform system with the national public resource trading platform as the hub, and promote the transparency of the whole process of public resource allocation. All kinds of public resource transaction announcements, qualification examination results, transaction process information, transaction information, performance information and related change information that should be disclosed according to law should be shared with the corresponding public resource trading platform after being published in the designated media, and interacted with the national public resource trading platform in real time for summary and release. The credit information in the field of public resource allocation should be interacted with the national credit information sharing platform at the same time, and it should be made public in time by relying on the website of "Credit China". It is necessary to integrate and share the public resource trading platform with other government information systems, and realize the connection between the public resource allocation information and other government information resources sharing.
(4) Strengthen the public prescription.
Adhere to openness as the norm and non-disclosure as the exception. The government information generated in the process of public resource allocation should be disclosed in a timely manner according to law, except for state secrets and commercial secrets. Unless otherwise provided by laws and regulations, information identified as voluntary disclosure shall be made public within 20 working days from the date of formation or change of government information in strict accordance with the Regulations of People’s Republic of China (PRC) Municipality on the Openness of Government Information, and administrative licensing and administrative punishment matters shall be made public online within 7 working days from the date of making administrative decisions. For the application of government information disclosure, it is necessary to give a reply in strict accordance with the statutory time limit and reasons.
Third, safeguard measures
(1) Strengthen organizational leadership.
Governments at all levels and relevant departments should attach great importance to the disclosure of government information in the field of public resource allocation, strengthen organizational leadership, and pay close attention to the implementation of tasks as an effective starting point for deepening the disclosure of government affairs. Governments at all levels should establish and improve the coordination mechanism, clarify the division of labor, and consolidate their responsibilities. As the organization and coordination department, the government office (room) should work with the departments of development and reform, industry and information technology, finance, land and resources, environmental protection, housing and urban construction, transportation, water conservancy, agriculture, commerce, health and family planning, auditing, state-owned assets supervision and management, taxation, forestry, railways, civil aviation and other relevant regulatory agencies for public resources transactions.
(2) Strengthen supervision and inspection.
Governments at all levels should regularly check the disclosure of government information in the field of public resource allocation, mainly including the disclosure of government information, the time limit for disclosure, and the submission and disclosure of information mastered by trading platforms. All relevant departments shall report the progress of work in this field to the competent department of government affairs disclosure at the same level every year, and publish it in the annual report of government information disclosure, and accept the supervision of the public and news media.
(3) Do a good job in assessment.
Local governments at all levels should, in accordance with the relevant provisions of the performance appraisal of government affairs openness, incorporate the government information disclosure in the field of public resource allocation into the performance appraisal scope of government affairs openness, strengthen the appraisal, and explore the introduction of a third-party evaluation mechanism to promote the effective development of the work. Establish and improve the incentive and restraint mechanism. Those who fail to perform their public duties in accordance with relevant regulations and requirements should be informed criticism and reflected in the annual assessment; Outstanding achievements in the work, give notice of praise.
the General Office of the State Council
December 19, 2017
(This piece is publicly released)