Published by ChinaMNC · Longquanyi

China's Government Information Disclosure System: A Guide for Foreign Founders

A practical overview of China's government information disclosure framework, based on official State Council and Sichuan provincial documents, explaining how foreign founders can access regulations and understand filing requirements.

Understanding Government Information Disclosure in China

For foreign founders establishing or operating a company in China, understanding the regulatory environment is essential. China's government information disclosure system provides a formal channel to access official documents, regulations, and administrative rules. This article summarizes key aspects of that system based on official sources, helping you navigate the information landscape as you set up and run your business.

Key National Regulations and State Council Documents

The foundation of China's government information disclosure is the Regulation of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711), effective since April 15, 2019. This regulation sets out the principles and procedures for government agencies at all levels to disclose information proactively and upon request.

Several supporting documents from the General Office of the State Council and its Government Information and Openness Office provide further guidance:

• Measures for the Formulation of Rules on Information Disclosure by Public Enterprises and Institutions (December 21, 2020) – outlines how public service units should disclose information.
• Measures for the Administration of Information Processing Fees for Government Information Disclosure (December 1, 2020) – establishes fees that may apply when processing information requests.
• Guiding Opinions on Several Issues in the Trial of Administrative Reconsideration Cases Concerning Government Information Disclosure (January 4, 2022) – clarifies how reconsideration cases are handled.
• Notice on the Centralized Disclosure and Dynamic Updating of Regulatory Documents (October 29, 2021) – requires agencies to maintain up-to-date collections of rules.
• Notice on the Format of Annual Reports on Government Information Disclosure (September 29, 2021) – standardizes reporting.
• Notice on Regulating Government Information Disclosure Platforms (December 3, 2019) – sets standards for online portals.

Additionally, several interpretive documents address common questions:

• Handling of information disclosure applications after institutional reforms (February 11, 2019).
• Channels for receiving applications (October 24, 2017).
• Determining the appropriate respondent for applications (October 24, 2017).
• Filling out annual report items (October 24, 2017).
• Delivery of decision notices (October 24, 2017).
• Distinguishing between government information disclosure and general business inquiries (October 24, 2017).

At the provincial level, the Sichuan Provincial Department of Finance and the Sichuan Provincial Development and Reform Commission issued a notice on matters related to information processing fees (January 25, 2021), which may be relevant if you operate in Sichuan.

What This Means for Foreign Founders

As a foreign founder, you may need to consult specific regulations or obtain official documents to ensure compliance. The government information disclosure system allows you to:

• Access regulations and normative documents that affect business registration, operations, and industry-specific rules.
• Request information from government agencies, subject to the procedures and fees outlined in the national measures.
• Understand the scope and limits of disclosure, including the distinction between formal information disclosure and general business inquiries.

It is important to note that the system is governed by formal rules. Applications must be submitted through designated channels, and agencies must respond within specified timeframes. The interpretive documents clarify common issues such as which agency should handle a request and how decisions are delivered.

Practical Steps for Accessing Information

When seeking government information, consider the following steps:

1. Identify the relevant agency – Determine which department or level of government holds the information you need. For company registration, this is typically the local Administration for Market Regulation.
2. Check proactive disclosure – Many regulations and documents are published on government websites. Look for sections labeled "Government Information Disclosure" (政府信息公开).
3. Submit a formal request if needed – If the information is not publicly available, you can file a request. Ensure you use the correct channels as specified by the agency.
4. Be aware of fees – Processing fees may apply for information requests, as outlined in the national and provincial measures.
5. Keep records – Maintain copies of your requests and responses for your files.

For foreign founders, it may be helpful to engage local legal or business advisors to navigate the process, especially if language barriers exist. However, the system is designed to be accessible, and many documents are available online.

Conclusion

China's government information disclosure system provides a structured way to access the regulations and documents that matter to your business. By understanding the key national and provincial rules, you can better ensure compliance and make informed decisions. Always refer to the official sources for the most current information.

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