Published by ChinaMNC · Heishui

Government Information Disclosure in China: A Guide for Foreign Founders

Learn how China's government information disclosure system works and how foreign founders can use it to access regulations and official documents. This guide covers the national framework and practical steps for requesting information.

Understanding Government Information Disclosure in China

For foreign founders establishing or operating a company in China, staying informed about regulations and official policies is essential. China's government information disclosure system provides a structured way to access government documents and understand the regulatory environment. This article explains the system based on official sources, offering practical guidance for foreign entrepreneurs.

What Is Government Information Disclosure?

Government information disclosure (政府信息公开) refers to the public release of government information by administrative agencies. The system is governed by the Regulations of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711), which took effect on April 15, 2019. These regulations set out the principles, scope, and procedures for making government information public.

The State Council General Office and its Government Information and Openness Office have issued various notices and interpretations to clarify how the regulations should be implemented. These cover topics such as:

• The format of annual government information disclosure work reports
• Standards for public information platforms
• How to handle information disclosure applications after institutional reforms
• Channels for receiving applications
• Clarifying the boundary between government information disclosure and general inquiries

Key National Regulations and Notices

Several national documents provide the framework for government information disclosure. Below is a list of key regulations and notices, along with their publication dates:

• Regulations of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711) – April 15, 2019
• Notice on Issuing the Measures for the Formulation of Public Information Disclosure Rules for Public Enterprises and Institutions – December 21, 2020
• Notice on Issuing the Measures for the Administration of Information Processing Fees for Government Information Disclosure – December 1, 2020
• Notice on Forwarding the Ministry of Justice's Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases Involving Government Information Disclosure – January 4, 2022
• Notice on Doing a Good Job in the Centralized Disclosure and Dynamic Updating of Regulations – October 29, 2021
• Notice on Issuing the Format of the Annual Report on Government Information Disclosure Work of the People's Republic of China – September 29, 2021
• Notice on Regulating Matters Concerning Government Information Disclosure Platforms – December 3, 2019
• Interpretation on Issues Concerning the Handling of Government Information Disclosure Applications after Institutional Reform – February 11, 2019
• Interpretation on Issues Concerning the Channels for Receiving Government Information Disclosure Applications – October 24, 2017
• Interpretation on Issues Concerning the Subject of Replies to Government Information Disclosure Applications – October 24, 2017
• Interpretation on Issues Concerning the Filling of Items in Annual Reports on Government Information Disclosure – October 24, 2017
• Interpretation on Issues Concerning the Delivery of Government Information Disclosure Processing Decisions – October 24, 2017
• Interpretation on Clarifying the Boundary between Government Information Disclosure and Business Inquiry Matters – October 24, 2017
• Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission Notice on Matters Concerning Information Processing Fees for Government Information Disclosure – January 25, 2021

How Foreign Founders Can Use the System

As a foreign founder, you may need to access specific government documents to ensure compliance or understand regulations affecting your business. The government information disclosure system allows you to request information that is not proactively disclosed. Here are practical steps:

1. Identify the relevant agency: Determine which government department holds the information you need. For example, company registration matters are typically handled by the State Administration for Market Regulation or its local counterparts.
2. Check proactive disclosure: Many government websites publish regulations, notices, and policies proactively. Explore the official website of the relevant agency before making a request.
3. Submit an application: If the information is not publicly available, you can file a government information disclosure application. The application should clearly describe the information sought. Be aware that the regulations require applicants to provide necessary details to help locate the information.
4. Understand fees: According to the Measures for the Administration of Information Processing Fees, agencies may charge reasonable fees for processing information requests, particularly if multiple copies are required or if the request involves significant processing. The Sichuan notice provides local implementation details.
5. Expect timelines and responses: Agencies are required to respond within a specified period (typically 20 working days, extendable). The interpretations clarify how responses should be delivered and what to do if the request is denied.
6. Seek clarification if needed: If you are unsure whether your request falls under government information disclosure or general business inquiry, refer to the interpretation on the boundary between the two. This can help avoid misdirected requests.

Important Considerations for Foreign Founders

While the system is designed to be accessible, foreign founders may face language barriers. Official documents are typically in Chinese, so consider engaging a local legal or translation service if needed. Additionally, the interpretations and notices are frequently updated, so always refer to the latest versions on official government websites.

For those operating in Sichuan Province, the provincial finance and development reform notice provides specific guidance on information processing fees. It is advisable to check local implementing rules.

Conclusion

China's government information disclosure system offers a formal channel for foreign founders to access official information. By understanding the national framework and following the application procedures, you can obtain the documents necessary for compliance and informed decision-making. Always rely on official sources and consider professional advice for complex matters.

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