Published by ChinaMNC · Cangxi

China Government Information Disclosure: What Foreign Founders Need to Know

A practical guide for foreign founders on China's government information disclosure system, explaining key regulations, request procedures, and fee policies that affect company registration and operations.

Understanding Government Information Disclosure in China

For foreign founders establishing or operating a company in China, access to government information is essential for compliance and informed decision-making. China's government information disclosure system, governed by the Regulations of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711), provides a framework for obtaining official documents and data. This article summarizes key aspects relevant to foreign entrepreneurs, based on official publications from a Chinese government website.

Key National Regulations and Notices

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

• Regulations on Government Information Disclosure (Order No. 711, issued April 15, 2019) – the foundational regulation.
• Notice on Issuing the Measures for the Formulation of Rules on Information Disclosure by Public Enterprises and Institutions (December 21, 2020) – provides rules for public utilities and institutions.
• Notice on Issuing the Measures for the Administration of Information Processing Fees for Government Information Disclosure (December 1, 2020) – establishes fee policies for information requests.
• Notice on Forwarding the Ministry of Justice's Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases on Government Information Disclosure (January 4, 2022) – offers guidance for legal proceedings.
• Notice on Doing a Good Job in the Centralized Disclosure and Dynamic Updating of Rules (October 29, 2021) – ensures rules are publicly accessible and current.
• Notice on Issuing the Format for Annual Reports on Government Information Disclosure Work (September 29, 2021) – standardizes annual reporting.
• Notice on Regulating Matters Concerning Government Information Disclosure Platforms (December 3, 2019) – sets standards for online platforms.
• Interpretations on Issues Concerning the Handling of Government Information Disclosure Applications after Institutional Reform (February 11, 2019) – addresses jurisdictional changes.
• Interpretations on Issues Concerning the Channels for Receiving Government Information Disclosure Applications (October 24, 2017) – clarifies how to submit requests.
• Interpretations on Issues Concerning the Subject of Replies to Government Information Disclosure Applications (October 24, 2017) – identifies who responds.
• Interpretations on Issues Concerning the Filling of Items in Annual Reports on Government Information Disclosure (October 24, 2017) – provides reporting guidance.
• Interpretations on Issues Concerning the Delivery of Decisions on Government Information Disclosure (October 24, 2017) – explains notification procedures.
• Interpretations on Clarifying the Boundary between Government Information Disclosure and Business Inquiry Matters (October 24, 2017) – distinguishes disclosure from general inquiries.

Additionally, the Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission issued a notice on matters related to information processing fees (January 25, 2021), which may be relevant for businesses operating in Sichuan.

Practical Implications for Foreign Founders

As a foreign founder, you may need to request government information for various purposes, such as verifying regulations, obtaining policy documents, or understanding compliance requirements. The disclosure system allows you to submit applications, but it's important to follow the correct procedures.

• Submission channels: The interpretations clarify the acceptable channels for submitting requests, ensuring your application is properly received.
• Fees: Information processing fees may apply, as outlined in the national measures and the Sichuan provincial notice. These fees are intended to cover the cost of processing requests and are subject to specific standards.
• Annual reports: Government agencies publish annual reports on their disclosure work, which can provide insights into available information and practices.
• Legal remedies: If your request is denied or you are dissatisfied, the guiding opinions on administrative reconsideration cases may be relevant.

Foreign founders should note that the disclosure system is distinct from general business inquiries. The interpretations on the boundary between disclosure and business inquiry matters help clarify what types of information can be requested through this formal process.

How to Request Government Information

While the source text does not provide detailed steps, it references key documents that outline the process. Generally, foreign founders should:

• Identify the relevant government agency that holds the information.
• Submit a written request through the designated channels (e.g., online portals, mail, or in-person).
• Provide clear details about the information sought.
• Be prepared to pay any applicable processing fees.
• Await a response within the statutory time frame.

For specific procedures, consult the regulations and notices listed above. It is advisable to seek professional advice if you are unsure about the process.

Conclusion

China's government information disclosure system offers foreign founders a way to access official information necessary for business operations. By understanding the key regulations and procedures, you can navigate the system more effectively. Remember that this article provides a summary based on official sources and is not a substitute for legal advice.

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.