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The present Measures are hereby formulated in accordance with the relevant requirements in the "Working Rules of the State Council" and the "Working Rules of the Ministry of Commerce" concerning "the procedures for making scientific and democratic decisions, and the exercise of administrative functions according to law", as well as the relevant provisions in the Protocol on China's Accession to the World Trade Organization concerning "transparency" in order to earnestly implement the spirits of the 16th Party Congress on "conscientiously implementing the system of making administrative affairs known to the public" and "improving the system of keeping the public informed of matters being handled". I. IMPORTANT SIGNIFICANCE OF MAKING ADMINISTRATIVE AFFAIRS KNOWN TO THE PUBLIC Making administrative affairs known to the public is a specific embodiment for government departments to implement the important thought of "Three Represents". It is the basic work for developing socialist democratic politics, and for building up socialist political civilization. It is an inevitable requirement for realizing scientific and democratic decision making, and for exercising administrative functions according to law. It is also a fundamental measure for improving the Party's work style, and for building a clean government and combating corruption. Making administrative affairs known to the public is beneficial to further transforming the functions of the Ministry of Commerce, improving the administration methods and administrative efficiency, reducing administrative costs, and forming a regulated, coordinative, just, transparent, clean and high-efficiency administration system. To establish the system of making administrative affairs known to the public is an important measure of the Ministry of Commerce for the construction of new work style and new systems. Therefore, each organ under the Ministry should fully understand the important significance of making administrative affairs known to the public, strengthen the leadership of this work, and actively promote its own work of making administrative affairs known to the public. II. CONTENTS AND SCOPE OF THE ADMINISTRATIVE AFFAIRS TO BE MADE KNOWN TO THE PUBLIC The various rules, policies, administrative measures and procedures for handling matters, which were formulated by the Ministry of Commerce, shall, in principle, be announced to the public (except those prescribed by the state or required by foreign affairs to be kept confidential). They mainly include: (1) the ministerial rules of the Ministry of Commerce, and their drafts for opinions; (2) the various detailed implementation rules, administrative measures and other regulatory documents formulated in accordance with the laws, regulations and rules, and their drafts for opinions; (3) the documents of common guiding significance to all items of work of the Ministry of Commerce or involving the benefits of the public or enterprises; (4) the statutory matters and administrative measures that should be promulgated to the public required by laws, regulations or rules; (5) the sponsor, basis, qualification standards, procedures, time limit and the relevant result of the Ministry of Commerce's various matters subject to administrative approval and various bidding activities; (6) the main statistical data in respect of domestic and foreign trade as well as international economic cooperation; (7) the multi-lateral and bilateral economic and trade agreements concluded by the Ministry of Commerce with other countries (regions) or international organizations on behalf of Chinese government; and (8) the setup, organizational structure, functions of the organs under the Ministry of Commerce, and the ways of contact of each organ. III. AVENUES OF MAKING ADMINISTRATIVE AFFAIRS KNOWN TO THE PUBLIC "China Foreign Economic and Trade Proclamation" (hereinafter referred to the Proclamation), the government website of the Ministry of Commerce (www.mofcom.gov.cn, hereinafter referred to the government website), and International Business Daily (hereinafter referred to the IBD) shall be the promulgation media designated by the Ministry of Commerce to make administrative affairs known to the public. All the contents of administrative affairs of the Ministry of Commerce that must be made known to the public shall be promulgated to the public through the aforementioned media. IV. METHODS AND PROCEDURES FOR MAKING ADMINISTRATIVE AFFAIRS KNOWN TO THE PUBLIC (I) Opinions may be solicited by means of intra-Ministry negotiations, expert demonstration or public announcement for the ministerial rules, detailed implementation rules and administrative measures, etc. of the Ministry of Commerce in the process of their formulation. 1. During the formulation of the aforementioned official documents, the sponsor shall, in addition to discussing with the relevant intra-Ministry entities, meanwhile promulgate uniformly the drafts of the official documents on the office automation system of the organs under the Ministry for opinions and suggestions from the comrades of the Ministry. The sponsor shall carefully research into the relevant feedback opinions and decide on whether to adopt them. The time for soliciting opinions on the drafts of the official documents on the office automation system of the organs under the Ministry shall be no less than 5 working days. 2. During the formulation of the aforementioned official documents, the sponsor may solicit opinions from the relevant local administrations of commerce, intermediary organizations and relevant experts, etc. in written form or by holding meetings. 3. If the draft of any of the aforementioned official documents directly involves the immediate benefits of the citizens, legal persons or any other organizations, and the relevant organ, organization or citizen has his major objections to the draft, a draft for opinions shall be formed after the intra-Ministry negotiations and experts demonstration, and shall be announced to the public through a designated medium such as the government website after the sponsor has submitted it to the ministerial leader in charge for consent. The time for soliciting opinions and suggestions from local administrations, enterprises and individuals shall be no less than 10 working days, and the contents of the draft for opinions must include the methods and avenues of feedback of opinions. Before the aforementioned official documents are submitted to the ministerial affairs conference for discussion and adoption or to the ministerial leader for approval by signature, the sponsor shall make a brief and concentrated statement on the intra-Ministry negotiations, expert demonstration and public announcement, as annexes to be submitted along with the text. If any document is indeed a major emergent matter and is unable to be under the procedures of being made known to the public, the sponsor must state the reasons in writing when submitting it to the ministerial leader. (II) The following documents of the Ministry of Commerce shall be submitted to the Information Office of this Ministry after they have been printed. And the Information Office of the Ministry shall distribute them to the Proclamation, the government website and the IBD to promulgate them: 1. ministerial orders and announcements; and 2. various detailed implementation rules, administrative measures and other regulatory documents with no confidentiality grade, and documents of common guiding significance, of distributed ministerial documents, ministerial letters, documents of the General Office, as well as statutory matters and administrative measures, which must be promulgated to the public in accordance with laws, regulations and rules. The promulgation manuscript of each of the aforementioned official documents shall be affixed with a seal of "Permitted to Be Promulgated" by the sponsor. And after promulgation, printing and distribution, the Information Office of the Ministry shall, in light of the specific circumstance, coordinate with the Proclamation, the government website and the IBD to handle them respectively: they shall be published on the Proclamation and the government website in full text; the IBD may publish or promulgate news. If it needs to make publicity within a larger scope, the Information Office of the Ministry may, after consultation with the sponsor, make publicity by means of news report, and on-line Question Answer, etc.. The submitted official documents, secret-involving official documents or documents responding opinions from relevant places or departments shall not be promulgated. A secret-involving official document may be promulgated, after being declassified and after being consented to by the relevant department or office upon verification. For other official documents, the sponsor may discretionally decide on whether it is necessary to announce them to the public. If any such document needs to be made known to the public, a seal of "Promulgated" shall be affixed on the promulgation manuscript of this document, which shall then be handled separately by the Information Office of the Ministry, the Proclamation, the government website and the IBD. Where the sponsor considers it necessary to publicize or explain the relevant policies on the promulgated documents, it may promulgate the relevant documents through the aforementioned avenues. (3) With respect to the Ministry of Commerce's various matters subject to administrative approval and various bidding activities, the sponsor shall promulgate the specific responsible department, basis, qualification standards, procedures, time limit and result, etc. on the government website for supervision by the public and enterprises. (4) The main statistical data in respect of domestic and foreign trade as well as international economic cooperation shall, after the monthly statistical data have been made by the sponsors who are separately responsible for all items of statistics, be promulgated by the Information Office uniformly after coordination on the designated medium such as the government website or other medium. (5) The multi-lateral and bilateral economic and trade agreements shall be promulgated after verification by the Department of Treaty and Law. V. RESPONSIBILITIES FOR MAKING ADMINISTRATIVE AFFAIRS KNOWN TO THE PUBLIC AND THE SUPERVISION AND INSPECTION THEREOF (1) All organs under the Ministry shall be responsible for verifying their own respective documents, for which the administrative affairs ought to be made known to the public, so as to guarantee the quality and accuracy. They shall, in accordance with the aforementioned measures and procedures, timely submit such documents to the designated medium for promulgation after having made administrative affairs known to the public. After the documents for which administrative affairs ought to be made known to the public have been printed and distributed, they must be served to each designated medium within 2 working days. And after receiving the relevant documents, the government website shall promulgate them within 2 working days, while the IBD shall publish them within 7 working days, and the Proclamation, within 10 working days,. (2) Each designated medium shall set up corresponding columns to publish the relevant documents on administrative affairs, and shall do so timely and accurately. It shall also assist the sponsor in collecting the relevant feedback opinions and suggestions regarding the draft for opinions, and serve the original text of the feedback opinions and suggestions to the sponsor within 3 working days after the end of the announcement period. (3) The General Office shall be responsible for coordinating, supervising and inspecting the implementation by all organs under the Ministry of Commerce of the system of making administrative affairs known to the public. Whoever violates the provisions shall be warned to make a correction timely, and meanwhile that shall be circulated on the "Work Report of the Supervision and Inspection Office". Any entity that frequently violates the provisions or causes major careless omissions shall be reported to the ministerial leader in charge, and then the corresponding liable persons shall be subject to punishment. |
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