Published by ChinaMNC · Mianning

Navigating Government Information Disclosure in China: A Guide for Foreign Founders

Learn how China's government information disclosure system works and what it means for foreign founders registering or operating a company in China. This guide covers key regulations, request procedures, and practical tips.

Understanding Government Information Disclosure in China

For foreign founders setting up or running a business in China, access to government information is essential. China’s Government Information Disclosure system, governed by the Regulations on Open Government Information (State Council Order No. 711), provides a framework for obtaining official documents and data. This article summarizes key regulations and procedures, based on information published by the Sichuan Provincial Government, to help foreign founders navigate this system.

Key Laws and Regulations

The central piece of legislation is the Regulations on Open Government Information, effective since 2019. It obliges government agencies to disclose information proactively and to respond to requests from citizens, legal persons, and other organizations. Several supporting documents from the State Council General Office provide further guidance:

• Measures for the Administration of Information Processing Fees for Government Information Disclosure (2020) – sets rules for fees charged when processing requests.
• Guiding Opinions on Issues Concerning the Trial of Administrative Reconsideration Cases Regarding Government Information Disclosure (2022) – clarifies legal procedures.
• Notice on the Format of Annual Reports on Government Information Disclosure (2021) – standardizes reporting.
• Notice on Regulating Government Information Disclosure Platforms (2019) – ensures consistent online access.
• Interpretations on Various Issues – covering topics such as application channels, response subjects, annual report filing, delivery of decisions, and the boundary between information disclosure and general inquiries (2017-2019).

These documents collectively define how government information is made available and how requests are handled.

Proactive Disclosure vs. Request-Based Disclosure

Government information falls into two categories: proactively disclosed and disclosed upon request. Proactive disclosure covers information that agencies must publish without being asked, such as regulations, policy documents, and administrative approvals. Request-based disclosure allows individuals or companies to apply for specific information not proactively published. For foreign founders, proactively disclosed information is often sufficient for understanding general policies, while request-based disclosure can be used to obtain specific documents relevant to their business.

How to Request Government Information

To request information, applicants must submit a written application to the relevant government agency. The application should clearly describe the information sought. The Interpretation on Issues Concerning the Receipt Channels for Government Information Disclosure Applications clarifies that agencies must accept applications through multiple channels, including online portals, mail, and in-person submissions. Foreign founders should ensure they use the official channels designated by the specific agency.

Once a request is received, the agency must respond within a specified timeframe, typically 20 working days, with possible extensions. The Interpretation on Issues Concerning the Subject of Replies to Government Information Disclosure Applications clarifies which agency is responsible for responding when responsibilities are unclear.

Fees for Information Processing

While many requests are free, agencies may charge fees for processing information requests that involve significant costs, such as copying or mailing large volumes of documents. The Measures for the Administration of Information Processing Fees (2020) and the Sichuan Provincial Department of Finance and Development and Reform Commission Notice (2021) set the fee standards. Foreign founders should be aware that fees may apply and should factor this into their planning.

Annual Reports and Transparency

Government agencies at all levels must publish annual reports on their information disclosure work. The Notice on the Format of Annual Reports (2021) standardizes these reports, which include statistics on requests received and processed. These reports can be a useful resource for foreign founders to understand how agencies handle requests and to identify trends.

Practical Tips for Foreign Founders

• Check proactive disclosure first: Many policies and regulations are already published on government websites. Before filing a request, search the relevant agency’s website.
• Use official channels: Ensure your application is submitted through the channels specified by the agency, as outlined in the Interpretation on Receipt Channels.
• Be specific: Clearly describe the information you need to avoid delays or rejections.
• Be aware of fees: If your request involves substantial processing, fees may apply. Budget accordingly.
• Seek legal advice if needed: For complex requests or if you encounter difficulties, consider consulting a legal professional familiar with Chinese administrative law.

Conclusion

Understanding China’s government information disclosure system can help foreign founders make informed decisions and ensure compliance. By leveraging proactive disclosures and following proper request procedures, you can access the information needed to navigate the regulatory landscape. For personalized assistance with company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.

This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.