Published by ChinaMNC · Rong

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

A practical overview of China's government information disclosure rules under the State Council and Sichuan Provincial regulations, explaining what foreign founders can request, the associated fees, and how to navigate the system.

Why Government Information Disclosure Matters for Foreign Founders

When setting up or running a company in China, foreign founders often need official documents, policy clarifications, or regulatory details. China's Government Information Disclosure system gives individuals and organizations the right to request such information from government agencies. The rules are set at the national level by the State Council and implemented locally, for example by the Sichuan Provincial Government. This article summarizes the key points from the official source and explains how they apply to foreign founders.

Legal Basis and Key Regulations

The foundation is the Regulation of the People's Republic of China on Open Government Information (State Council Order No. 711), effective April 15, 2019. It is supplemented by several notices from the State Council General Office and its Government Information and Openness Office. These documents clarify how agencies should publish regulations, process requests, and handle fees. For foreign founders, the most relevant items are:

• The main regulation (Order No. 711) that defines the scope and procedures for information disclosure.
• Notices on the format for annual work reports (2021) and on dynamic updating of regulations (2021).
• Guidance on handling information disclosure applications after institutional reforms (2019) and on the channels for receiving applications (2017).
• Interpretations on the subject of reply, the delivery of decisions, and the boundary between information disclosure and general business inquiries (all 2017).
• Rules on information processing fees, including a national notice (2020) and a Sichuan-specific notice from the Sichuan Provincial Department of Finance and the Sichuan Development and Reform Commission (January 25, 2021).

What Information Can You Request?

Government agencies at all levels are required to disclose information that concerns the public interest and requires broad public awareness. This includes administrative regulations, normative documents, policy plans, and approval procedures. Foreign founders can use this system to obtain details on licensing requirements, industry policies, and procedural rules that affect company registration and operations.

However, not all information is disclosable. The regulation excludes state secrets, commercial secrets, personal privacy, and internal working documents. Agencies must also distinguish between a request for information and a general inquiry about business matters; the latter should be directed to the relevant service window rather than filed as an information disclosure request.

How to File a Request

The State Council's notices emphasize that agencies must accept applications through multiple channels and provide clear guidance. While the source does not list specific channels for Sichuan, the national interpretations from 2017 clarify that agencies should accept applications via mail, online platforms, and in-person submissions. Foreign founders should check the specific agency's website for its application form and contact details.

When filing, be precise about the information you need. The 2017 interpretation on the boundary between disclosure and business inquiries suggests that vague requests may be redirected. If you are unsure, consult the agency's service center first.

Fees for Information Processing

Under the national fee management measures (2020), agencies may charge for certain costs associated with processing information disclosure requests, such as copying and mailing. The Sichuan Provincial Department of Finance and the Sichuan Development and Reform Commission issued a notice on January 25, 2021, specifying local implementation details. Foreign founders should be prepared to pay reasonable fees if their request involves substantial copying or delivery. The exact fee schedule is not provided in the source, so check with the agency handling your request.

Annual Reports and Transparency

Government agencies must publish annual work reports on information disclosure. The 2021 notice from the State Council's Government Information and Openness Office standardizes the format of these reports. Foreign founders can review these reports to understand what information agencies have released and how they have responded to requests. This can be a useful tool for assessing an agency's transparency and responsiveness.

Practical Tips for Foreign Founders

• Identify the right agency: Information disclosure requests should be directed to the government body that holds the information. For company registration matters, this is typically the local market regulation administration.
• Use official channels: Submit requests through the channels designated by the agency, such as online portals or written applications. Keep records of your submission.
• Be specific: Clearly describe the information you seek, including document titles, reference numbers, or time periods, to avoid delays or redirection.
• Understand limitations: Some information may be withheld for legal reasons. If your request is denied, the agency should provide a reason and inform you of your right to seek review or file an administrative reconsideration.
• Check for fees: Be aware that processing fees may apply, especially for large requests. Confirm the fee policy with the agency before submitting.
• Leverage annual reports: Review agencies' annual information disclosure reports to understand their practices and identify contacts.

Conclusion

China's government information disclosure system offers foreign founders a formal way to obtain official information needed for compliance and business planning. By understanding the national framework and local implementation, you can navigate the process more effectively. Always consult the specific agency's guidelines and, for complex matters, seek professional advice.

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