Country

China

China

Name of law :
First adopted : 2007
Last modified : 01 January 1970
RTI Rating last updated : 01 January 1970

Section Max ScoreScore
Right of Access 6 1
Scope 30 12
Requesting procedures 30 18
Exceptions 30 15
Appeals 30 13
Sanctions 8 1
Promotional measures 16 13
TOTAL 150 73

Right of Access

Indicator

Description

Scoring instructions
MAX score
Findings

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Article

Comments
1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 NO
2 The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.No=0, Partially=1, Yes=22 NO
3 3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law
3.2 The legal framework emphasises the benefits of the right to information?
3.1(Y/N - max 1 point)
3.2 (Y/N - max 1 point)
2 YES Article 1 To ensure the impartial and timely trial of administrative cases by the people\'s courts, settle administrativedisputes, protect the lawful rights and interests of citizens, legal persons, and other organizations, and oversee administrative agencies\' exercise of power according to the law, this Law is developed in accordance with the Constitution. Article 1 talks about the importance of information access in improving the lives of the masses - worth a point.




Scope

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MAX score
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Article

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4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 Partially Article 13 The people\'s courts shall not accept complaints filed by citizens, legal persons, or other organizations against the following: (1) Actions taken by the state in national defense and foreign affairs, among others. (2) Administrative regulations and rules or decisions and orders with general binding force developed and issued by administrative agencies. (3) Decisions of administrative agencies on the rewards or punishments for their employees or the appointment or removal from office of their employees. (4) Administrative action taken by an administrative agency as a final adjudication according to the law. Article 13 - applies to citizens and legal persons.
5 The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.4 Partially Article 2 A citizen, a legal person, or any other organization which deems that an administrative action taken by an administrative agency or any employee thereof infringes upon the lawful rights and interests of the citizen, legal person, or other organization shall have the right to file a complaint with a people\'s court in accordance with this Law. The term “administrative action” as mentioned in the preceding p Article 2 - applies to all info regardless of form, but only to info that was created or obtained in the process of official functions.
6 Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).Score 1 point for only documents, 1 point for information2 YES Article 2 A citizen, a legal person, or any other organization which deems that an administrative action taken by an administrative agency or any employee thereof infringes upon the lawful rights and interests of the citizen, legal person, or other organization shall have the right to file a complaint with a people\'s court in accordance with this Law. The term “administrative action” as mentioned in the preceding p Art 2 seems to broaden it\'s application to all information
7 The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).8 Partially Article 4 The people\'s courts shall independently exercise judicial power over administrative cases, without any interference by any administrative agency, social group, or individual. The people\'s courts shall establish administrative divisions for the trial of administrative cases. Article 4 seems to apply this law to every government or government office at the county level or higher, but no mention of archives or dependent agencies.
8 The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government4 NO The law makes no mention of the National People\'s Congress and it is unclear whether it fits within the defnition of \"government\"
9 The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government4 NO The law does not mention the judiciary.
10 The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). Score 1 point if some, 2 points if all2 NO
11 The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). Score 1 point if some bodies, 2 points if all2 NO
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 NO

Requesting Procedures

Indicator

Description

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MAX score
Findings

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Article

Comments
13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 NO Article 13 The people\'s courts shall not accept complaints filed by citizens, legal persons, or other organizations against the following: (1) Actions taken by the state in national defense and foreign affairs, among others. (2) Administrative regulations and rules or decisions and orders with general binding force developed and issued by administrative agencies. (3) Decisions of administrative agencies on the rewards or punishments for their employees or the appointment or removal from office of their employees. (4) Administrative action taken by an administrative agency as a final adjudication according to the law. Artice 13 requires a purpose for a request.The State Council vests discretion in government agencies to refuse access requests that have no relation to requesters’ special needs.
14 Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.2 YES Article 20 Administrative litigation involving real property shall be under the jurisdiction of the people\'s court at the place where the real property is located. Art 20 - Name and contact info only
15 There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. 2 Partially Article 20 Administrative litigation involving real property shall be under the jurisdiction of the people\'s court at the place where the real property is located. Art 20 - Requests may be made orally, but not electronically.
16 Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. Score 1 point for help in formulation and 1 point for clarification procedures2 Partially Article 21 Where two or more people\'s courts have jurisdiction over the same case, the plaintiff may file a complaint in one of these people\'s courts. If the plaintiff has filed a complaint in two or more people\'s courts that have jurisdiction over the case, the people\'s court that first dockets the case shall have jurisdiction. Article 21 has a requirement that the applicant be contacted for clarification, but not that they be assisted.
17     Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.Score Yes=2 point, No=02 YES Article 20 Administrative litigation involving real property shall be under the jurisdiction of the people\'s court at the place where the real property is located. Article 20 covers illiteracy and disability.
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 NO
19 Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.Score: 1 point for information not held, 1 for referrals or 2 for transfers2 Partially Article 21 Where two or more people\'s courts have jurisdiction over the same case, the plaintiff may file a complaint in one of these people\'s courts. If the plaintiff has filed a complaint in two or more people\'s courts that have jurisdiction over the case, the people\'s court that first dockets the case shall have jurisdiction. Art 21 requires referrals, but not transfers.
20 Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).Score: 2 points for Yes, only 1 point if some limitations2 YES Article 26 Where a citizen, a legal person, or any other organization directly files a complaint with a people\'s court, the administrative agency taking the alleged administrative action shall be the defendant. For a case that has undergone reconsideration, if the reconsideration agency\'s decision sustains the original administrative action, the administrative agency taking the original administrative action and the reconsideration agency shall be co-defendants; or, if the reconsideration agency\'s decision modifies the original administrative action, the reconsideration agency shall be the defendant. If the reconsideration agency fails to make a reconsideration decision during the statutory period, and a citizen, a legal person, or any other organization files a complaint against the original administrative action, the administrative agency taking the original administrative action shall be the defendant; or if a complaint is filed against the inaction of the reconsideration agency, the reconsideration agency shall be the defendant. For an administrative action taken by two or more administrative agencies, the administrative agencies jointly taking the administrative action shall be co-defendants. For an administrative action taken by an organization as authorized by an administrative agency, the authorizing administrative agency shall be the defendant. Where an administrative agency is abolished or its powers are modified, the administrative agency that succeeds to such powers shall be the defendant.
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 YES Article 24 A people\'s court at a higher level shall have the power to try administrative cases over which a people\'s court at a lower level has jurisdiction as a court of first instance. Where a people\'s court at a lower level deems that it is necessary for a people\'s court at a higher level to try an administrative case over which the people\'s court at a lower level has jurisdiction as a court of first instance or to designate jurisdiction over the case, it may report the case to the people\'s court at a higher level for decision.
22 There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.2 Partially Article 24 A people\'s court at a higher level shall have the power to try administrative cases over which a people\'s court at a lower level has jurisdiction as a court of first instance. Where a people\'s court at a lower level deems that it is necessary for a people\'s court at a higher level to try an administrative case over which the people\'s court at a lower level has jurisdiction as a court of first instance or to designate jurisdiction over the case, it may report the case to the people\'s court at a higher level for decision. Art 24 - 15 working days.
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 Partially Article 24 A people\'s court at a higher level shall have the power to try administrative cases over which a people\'s court at a lower level has jurisdiction as a court of first instance. Where a people\'s court at a lower level deems that it is necessary for a people\'s court at a higher level to try an administrative case over which the people\'s court at a lower level has jurisdiction as a court of first instance or to designate jurisdiction over the case, it may report the case to the people\'s court at a higher level for decision. Art 24 - 15 working day extension, plus a requirement for notification. Limits on this are fuzzy however.
24 It is free to file requests.Score: No=0, Yes=2 points2 NO Expert tells us such requests are free.
25 There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free. Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional2 Partially Article 27 Where one side or both sides in an administrative case arising from the same administrative action consist of two or more parties, or, where the people\'s court deems that two or more administrative cases arising from the same type of administrative actions may be concurrently tried upon consent of the parties to such cases, such a procedure is a joinder of proceedings. Aritlce 27 requires that government agencies can only charge cost-based fees. A clear charging scheme leaves it to other agencies to clarify according to this principle.
26   There are fee waivers for impecunious requesters ---2 YES Article 28 Where one side in a joinder of proceedings consists of a large number of parties, such parties may elect a representative or representatives from among them to proceed. The conduct of such a representative in the proceedings shall be binding upon all the parties represented; however, to modify or relinquish any claims or admit any claims of the opposing party, such a representative must obtain the consent of the parties represented
27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points2 YES


Exceptions

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28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 NO Article 14 The basic people\'s courts shall have jurisdiction over administrative cases as courts of first instance.
29 The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed10 Partially Article 8 In administrative litigation, the parties shall have equal legal status. Article 14 The basic people\'s courts shall have jurisdiction over administrative cases as courts of first instance. Article 8 creates an exception for \"social stability\". Art 14 exception for \"national secrets\" is way too broad.
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 Partially Article 14 The basic people\'s courts shall have jurisdiction over administrative cases as courts of first instance. Art 14 - National secrets and Commercial secrets aren\'t harm tested, though the law allows for disclosure if NOT releasing them would hurt the public interest.
31 There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.4 Partially Limited override for privacy and commercial secrets.
32 Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.Score 1 point for each2 NO
33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.2 Partially Article 14 The basic people\'s courts shall have jurisdiction over administrative cases as courts of first instance. Art 14 allows for the receipt of such info where consent comes from a 3rd party. Art 23 requires the body to request that consent, but there\'s no time limit for that.
34 There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted2 YES Article 22 Where a people\'s court finds that a case accepted is not under its jurisdiction, it shall transfer the case to the people\'s court that has jurisdiction over the case, and the people\'s court to which the case is transferred shall accept the case. If the people\'s court to which the case is transferred deems that the case is not under its jurisdiction either according to the relevant provisions, it shall report to the people\'s court at a higher level for designated jurisdiction, and may not transfer the case to another people\'s court on its own initiative.
35 When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.Score Y/N: 1 point for a and 1 point for b2 Partially Article 21 Where two or more people\'s courts have jurisdiction over the same case, the plaintiff may file a complaint in one of these people\'s courts. If the plaintiff has filed a complaint in two or more people\'s courts that have jurisdiction over the case, the people\'s court that first dockets the case shall have jurisdiction. Art 21 requires clearly stated reasons for refusal.


Appeals

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36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 YES Article 33 Evidence includes: (1) documentary evidence; (2) physical evidence; (3) audio and video recordings; (4) electronic data; (5) witness testimony; (6) statement of a party; (7) opinion of a forensic identification or evaluation expert; and (8) survey transcripts and on-site disposition transcripts. The aforesaid evidence must be verified in court before being used as a basis for finding the facts of a case. See article 33 for the requirement of administrative reconsideration, a type of internal review. The operation of such review is subject to the Administrative Reconsideration Act. However, it is not mandatory.
37 Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). 1 for partial, 2 for yes2 NO
38 The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.Score: 1 point for appointment procedure, 1 point for security of tenure2 NO
39 The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.Score 1 point for reports to parliament, 1 point for budget approved by parliament2 NO
40 There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.Score 1 point for not politically connected, 1 point for professional expertise2 NO
41 The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.Score 1 point for reviewing classified documents, 1 point for inspection powers2 NO
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 NO
43 In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. 1 for partial, 2 for fully2 NO
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES The aforesaid evidence must be verified in court before being used as a basis for finding the facts of a case. Article 33 allows for administrative lawsuits
45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.1 for free, 1 for no lawyer required. 2 Partially Not free, but can be done without a lawyer
46 The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).Score 1 point for appealing refusals, additional points for appealing other violations.4 YES Article 1 Where a citizen, a legal person or any other organization deems that any of the following specific administrative acts related to open government information has infringed upon the legal rights and interests of the citizen, legal person or organization and files an administrative lawsuit according to law, the people\'s court shall accept such a lawsuit:   第一条 公民、法人或者其他组织认为下列政府信息公开工作中的具体行政行为侵犯其合法权益,依法提起行政诉讼的,人民法院应当受理: 1. A citizen, a legal person or any organization applies to an administrative organ for access to government information, but the administrative organ refuses to provide such information or fails to give a reply within the prescribed time limit. (一)向行政机关申请获取政府信息,行政机关拒绝提供或者逾期不予答复的; 2. A citizen, a legal person or any organization deems that the government information provided by an administrative organ is not the information requested in the application or is not in a proper form prescribed by law or regulation. (二)认为行政机关提供的政府信息不符合其在申请中要求的内容或者法律、法规规定的适当形式的; 3. A citizen, a legal person or any organization deems that the open government information provided by an administrative organ voluntarily or upon application of any other person has infringed upon any trade secret or personal privacy of the citizen, legal person or organization. (三)认为行政机关主动公开或者依他人申请公开政府信息侵犯其商业秘密、个人隐私的; 4. A citizen, a legal person or any organization deems that the government information on the citizen, legal person or organization provided by an administrative organ is inaccurate and therefore requests the administrative organ to make correction, but the administrative organ refuses to make correction, fails to give a reply within the prescribed time limit or fails to transfer the request to the competent organ for handling. (四)认为行政机关提供的与其自身相关的政府信息记录不准确,要求该行政机关予以更正,该行政机关拒绝更正、逾期不予答复或者不予转送有权机关处理的; 5. A citizen, a legal person or any organization deems that any other specific administrative act related to open government information of an administrative organ has infringed upon the legal rights and interests of the citizen, legal person or organization. Where a citizen, a legal person or any other organization deems that any administrative act related to open government information has infringed upon the legal rights and interests of the citizen, legal person or organization and caused any damage, the citizen, legal person or organization may concurrently or separately file an administrative compensation lawsuit. (五)认为行政机关在政府信息公开工作中的其他具体行政行为侵犯其合法权益的。 公民、法人或者其他组织认为政府信息公开行政行为侵犯其合法权益造成损害的,可以一并或单独提起行政赔偿诉讼。 Article 1 of the Supreme Court’s Several Issues Related to the Trial of Open Government Information Cases
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 YES Article 57 For a complaint against an administrative agency for its failure to pay, according to the law, any consolation money, minimum subsistence, or social insurance benefits for work-related injury or medical treatment, a people\'s court may enter a ruling to grant advance enforcement if the plaintiff files such a motion, the rights and obligations between the parties are clear, and a denial of advance enforcement will seriously affect the subsistence of the plaintiff. Against a ruling on advance enforcement, a party may apply for reconsideration once. Pending reconsideration, the execution of the ruling shall not be suspended. Article 57 of the Administrative Litigation Law requires the court to pass a judgment of first instance within three months from the day of filing the case. Article 60 of the Administrative Litigation Law requires the court to make a final judgment within two months from the day of receiving an appeal.
48 In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.Score Y/N and award 2 points for yes. 2 YES The government generally bears the burden of proof. See Article 5 of the Supreme Court’s Several Issues Related to the Trial of Open Government Information Cases.
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 NO No - Courts cannot do this.


Sanctions & Proteccions

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50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 Partially Article 35 In the course of litigation, the defendant or a litigation representative thereof may not directly collect evidence from the plaintiff, a third party, or a witness.
51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).Score 1 point for either remedial action or sanctions, 2 points for both 2 NO
52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.Score 1 for oversight body, 1 for immunity for others2 NO
53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).Score 2 for strong protections, 1 for moderate protections2 NO


Promotional measures

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54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 YES Article 4 The people\'s courts shall independently exercise judicial power over administrative cases, without any interference by any administrative agency, social group, or individual. The people\'s courts shall establish administrative divisions for the trial of administrative cases. Article 4 introduces this requirement.
55 A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. Score Y/N, Y=2 points2 YES Article 2 A citizen, a legal person, or any other organization which deems that an administrative action taken by an administrative agency or any employee thereof infringes upon the lawful rights and interests of the citizen, legal person, or other organization shall have the right to file a complaint with a people\'s court in accordance with this Law. The term “administrative action” as mentioned in the preceding paragraph includes administrative actions taken by an organization empowered by a law, regulation, or rule.
56 Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. Score Y/N, Y=2 points2 YES Article 19 requires that departments promote info regarding the documents available to the public.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 NO
58 Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. Score Y/N, Y=2 points2 YES Article 19 A complaint against an administrative compulsory measure that restricts personal freedom shall be under the jurisdiction of the people\'s court at the place where the defendant or the plaintiff is located.
59 Training programs for officials are required Score Y/N, Y=2 points2 YES Yes - according to our expert this is included in mandatory training for civil servants.
60 Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. Score Y/N, Y=2 points2 YES Article 31 A party or a legal representative may retain one or two persons as litigation representatives. The following persons may serve as a litigation representative: (1) A lawyer, or a legal service worker at the basic level. (2) A close relative or staff member of a party. (3) A citizen recommended by a party\'s community or employer or by a relevant social group.
61 A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. Score Y/N, Y=2 points2 Partially The provincial government is required to present a consolidated report. However, the State Council is not required