Published by ChinaMNC · Nanjiang

China Government Information Disclosure: A Practical Guide for Foreign Founders

Understand China's government information disclosure system, including key regulations and how foreign founders can access public information when setting up or operating a company in China.

Understanding Government Information Disclosure in China

For foreign founders establishing or running a company in China, access to reliable government information is essential. China’s government information disclosure system, governed by the Regulations of the People’s Republic of China on Open Government Information (State Council Order No. 711), provides a framework for obtaining official documents and data. This article summarizes key regulations and notices from the State Council and Sichuan Province, offering practical guidance on how to navigate this system.

Key National Regulations and Notices

The State Council has issued several documents to clarify and standardize government information disclosure. Below are the most relevant for foreign businesses:

• Regulations on Open Government Information (State Council Order No. 711) (effective 2019-04-15): The primary national regulation establishing the right to access government information and the obligations of government agencies.
• Measures for the Management of Information Processing Fees for Government Information Disclosure (2020-12-01): Sets rules for fees that may apply when requesting government information.
• Notice on the Format of Annual Reports on Government Information Disclosure (2021-09-29): Standardizes how agencies report on their disclosure activities.
• Notice on Matters Relating to Standardizing Government Information Disclosure Platforms (2019-12-03): Provides guidance on how online portals should be structured.
• Interpretations on Issues Concerning the Handling of Government Information Disclosure Applications after Institutional Reform (2019-02-11): Clarifies which agency is responsible after government restructuring.
• Interpretation on Channels for Receiving Government Information Disclosure Applications (2017-10-24): Explains how applications should be submitted.
• Interpretation on the Subject of Replies to Government Information Disclosure Applications (2017-10-24): Identifies which agency must respond.
• Interpretation on Issues Concerning the Delivery of Decisions on Government Information Disclosure (2017-10-24): Sets rules for how decisions are communicated.
• Interpretation on Distinguishing Government Information Disclosure from Business Inquiry Matters (2017-10-24): Helps applicants understand the scope of the disclosure system.
• Notice on the Management Measures for Information Disclosure of Public Enterprises and Institutions (2020-12-21): Covers disclosure requirements for public service units.
• Guiding Opinions on Hearing Administrative Reconsideration Cases Concerning Government Information Disclosure (2022-01-04): Provides direction for handling disputes.

Sichuan Province Specific Rules

For businesses operating in Sichuan, the Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission issued a notice on matters relating to information processing fees for government information disclosure (2021-01-25). This notice aligns provincial practice with national fee rules. Additionally, the Sichuan provincial government portal lists 24 administrative normative documents from the Provincial Development and Reform Commission, indicating active publication of regulatory documents.

How Foreign Founders Can Use This System

As a foreign founder, you may need government information for various purposes: understanding licensing requirements, verifying regulations, or researching policy. Here’s how to navigate the system:

• Identify the responsible agency: The regulations clarify which agency handles applications, especially after institutional reforms. For company registration, the local Administration for Market Regulation is typically the key agency.
• Submit applications through proper channels: The interpretations specify acceptable channels (e.g., online portals, mail, in-person). Follow the official procedures to ensure your request is processed.
• Understand fee structures: The fee measures allow agencies to charge for processing information requests beyond a certain volume. Be aware of potential costs.
• Distinguish between information disclosure and business inquiries: The system is for accessing existing government records, not for asking questions or seeking advice. For business-specific inquiries, contact the relevant agency directly.
• Use annual reports: Agencies publish annual reports on their disclosure activities, which can provide insight into available information.

Foreign founders should also note that many regulations and notices are published proactively on government websites, such as the Sichuan provincial portal, reducing the need for formal requests.

Practical Tips for Compliance and Operations

When operating a company in China, staying informed about government information disclosure can help you:

• Monitor regulatory changes: Regularly check government portals for updates to regulations that affect your industry.
• Request specific documents: If you need a particular regulation or policy document, use the formal application process.
• Keep records: Maintain copies of any information obtained for compliance purposes.
• Seek professional advice: For complex matters, consult legal or tax professionals who understand China’s regulatory environment.

Remember that while the disclosure system promotes transparency, not all government information is publicly available. Some information may be exempt due to privacy, security, or other legal restrictions.

Conclusion

China’s government information disclosure system provides foreign founders with a structured way to access official information. By understanding the key regulations and procedures, you can navigate the system more effectively and support your company’s compliance and growth 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 personalized assistance with company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.