Published by ChinaMNC · Jiuzhaigou

China Government Information Disclosure: A Guide for Foreign Founders

A practical guide for foreign founders on China's government information disclosure system, including key regulations and how to request information.

Understanding China's Government Information Disclosure System

As a foreign founder setting up or operating a business in China, access to government information is essential for compliance and informed decision-making. China's government information disclosure system, governed by the Regulations on Open Government Information (State Council Order No. 711), provides a framework for obtaining government-held information. This article summarizes key aspects of the system based on official sources, focusing on what foreign founders need to know.

Key Regulations and Policies

The central government has issued several documents to implement and clarify the disclosure system. These include:

• Regulations on Open Government Information (promulgated on April 15, 2019) – the foundational regulation.
• Notices from the General Office of the State Council on:
• Measures for the disclosure of information by public enterprises and institutions (December 21, 2020).
• Management of information processing fees (December 1, 2020).
• Guidance on administrative reconsideration cases related to government information disclosure (January 4, 2022).
• Standardizing the format of annual work reports (September 29, 2021).
• Regulating government information disclosure platforms (December 3, 2019).
• Handling disclosure applications after institutional reforms (February 11, 2019).
• Clarifying channels for receiving disclosure applications (October 24, 2017).
• Clarifying the responsible entities for replying to applications (October 24, 2017).
• Clarifying the filling of annual report items (October 24, 2017).
• Clarifying the delivery of disclosure decisions (October 24, 2017).
• Distinguishing between government information disclosure and business inquiries (October 24, 2017).

Additionally, local measures such as the Sichuan Provincial Department of Finance and Sichuan Development and Reform Commission's notice on information processing fees (January 25, 2021) provide provincial-level guidance.

What This Means for Foreign Founders

Foreign founders can use the government information disclosure system to obtain official documents, policies, and data that affect their business operations. For example, you can request information on licensing requirements, industry regulations, or local incentives. The system ensures transparency and helps businesses understand the regulatory environment.

How to Request Government Information

The regulations specify that government information should be proactively disclosed or made available upon request. To request information, foreign founders should:

• Identify the appropriate government agency that holds the information.
• Submit a written application, clearly describing the information needed.
• Provide necessary identification and contact details.
• Pay any applicable information processing fees as set by regulations.

Note that the regulations distinguish between government information disclosure and general business inquiries. For business-related queries, such as company registration details, other channels may be more appropriate.

Information Processing Fees

According to the notice on information processing fees, agencies may charge reasonable fees for handling requests, based on actual costs. The specific fee standards are set by provincial authorities, such as the Sichuan notice mentioned above. Foreign founders should be aware that fees may apply and should inquire with the relevant agency.

Annual Reports and Transparency

Government agencies at all levels are required to publish annual work reports on information disclosure. These reports summarize the number of requests received, responses given, and any issues encountered. Foreign founders can review these reports to understand how agencies handle disclosure requests and to identify trends in transparency.

Practical Steps for Foreign Founders

To effectively use the government information disclosure system:

• Stay informed: Regularly check government websites for proactively disclosed information relevant to your industry.
• Be specific: When requesting information, provide clear and detailed descriptions to help agencies process your request efficiently.
• Follow up: Keep track of your request and follow up if you do not receive a timely response.
• Seek local guidance: Provincial and local regulations may have specific procedures or fee structures.

Remember that government information disclosure is a right, but it also comes with responsibilities, such as using the information appropriately and paying required fees.

Conclusion

China's government information disclosure system provides a structured way for foreign founders to access official information. By understanding the key regulations and following the proper procedures, you can obtain valuable information to support your business operations in China.

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

For assistance with registering and operating a company in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.