Published by ChinaMNC · Aba

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

A practical overview of China's government information disclosure framework, based on official Sichuan provincial government sources, for foreign entrepreneurs establishing or operating a company in China. Learn how to request government information, understand fees, and ensure compliance.

Understanding Government Information Disclosure in China

For foreign founders setting up or running a company in China, access to clear and reliable government information is essential. China’s Government Information Disclosure system, governed by the Regulation of the People’s Republic of China on Open Government Information (State Council Order No. 711), provides a legal framework for obtaining official documents and data. This article summarizes key points from the official Sichuan provincial government website to help you navigate the process.

Key Regulations and Notices

The central government has issued several notices to clarify and standardize the implementation of information disclosure. These documents, listed on the Sichuan government portal, are relevant to any business operating in China:

• State Council Order No. 711 (2019-04-15): The primary regulation on open government information, establishing the rights and obligations of both citizens and government agencies.
• Notice on Issuing the Measures for Formulating Public Information Disclosure Rules for Public Enterprises and Institutions (2020-12-21): Provides guidance for public service units.
• Notice on Issuing the Measures for Managing Fees for Government Information Disclosure (2020-12-01): Sets rules for charging fees related to information requests.
• Notice on Forwarding the Ministry of Justice’s Guiding Opinions on Several Issues in Handling Administrative Reconsideration Cases Concerning Government Information Disclosure (2022-01-04): Clarifies legal procedures.
• Notice on Doing a Good Job in Centralized Disclosure and Dynamic Updating of Regulations (2021-10-29): Ensures regulations are kept current.
• Notice on Issuing the Format for Annual Reports on Government Information Disclosure Work (2021-09-29): Standardizes reporting.
• Notice on Standardizing Matters Related to Government Information Disclosure Platforms (2019-12-03): Guidelines for online platforms.
• Interpretation on Handling Government Information Disclosure Applications After Institutional Reform (2019-02-11): Addresses jurisdictional changes.
• Interpretation on Issues Concerning Channels for Receiving Government Information Disclosure Applications (2017-10-24): Clarifies how to submit requests.
• Interpretation on Issues Concerning the Subject of Replies to Government Information Disclosure Applications (2017-10-24): Identifies which agency should respond.
• Interpretation on Issues Concerning the Filling of Items in Annual Reports on Government Information Disclosure (2017-10-24): Provides reporting details.
• Interpretation on Issues Concerning the Delivery of Government Information Disclosure Decisions (2017-10-24): Explains how decisions are served.
• Interpretation on Clarifying the Boundary Between Government Information Disclosure and Business Inquiry Matters (2017-10-24): Distinguishes between public information and general inquiries.
• Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission Notice on Matters Concerning Fees for Government Information Disclosure (2021-01-25): Provincial-level fee rules.

How Foreign Founders Can Request Government Information

Under the national regulation, foreign individuals and entities may request government information. The process typically involves:

• Identifying the correct agency: Determine which government body holds the information. The interpretations above clarify that after institutional reforms, responsibilities may shift.
• Submitting a request: Use the designated channels—often online portals, email, or written application. The 2017 interpretation on receiving channels specifies acceptable methods.
• Paying applicable fees: Fees may apply for processing requests, as outlined in the 2020 fee management measures and the 2021 Sichuan provincial notice. These are intended to cover costs, not to generate revenue.
• Receiving a response: Agencies must reply within statutory timeframes. The 2017 interpretation on delivery of decisions explains how responses are delivered.

It is advisable to consult the specific agency’s disclosure guide for detailed procedures.

Fees and Compliance

The Measures for Managing Fees for Government Information Disclosure (2020) and the Sichuan provincial notice (2021) establish that fees may be charged for information processing, such as copying and mailing. Foreign founders should budget for potential fees when making requests. Importantly, these fees are regulated and should be transparent.

Annual Reports and Transparency

Government agencies at all levels must publish annual reports on information disclosure. The format for these reports is standardized by the 2021 notice. Foreign founders can use these reports to understand what information is routinely available and to assess agency performance in transparency.

Practical Tips for Foreign Founders

• Stay informed: Regularly check the government information disclosure platforms for updates to regulations and notices.
• Use official channels: Submit requests through the channels specified by each agency to avoid delays.
• Seek local assistance: Consider engaging local legal or consulting services to help navigate language and procedural nuances.
• Keep records: Maintain copies of requests and responses for your company’s compliance files.

By understanding the information disclosure framework, foreign founders can make more informed decisions and ensure their operations align with Chinese regulations.

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