Published by ChinaMNC · Xichang

Understanding China’s Government Information Disclosure Rules: A Practical Guide for Foreign Founders

A concise overview of China’s government information disclosure framework, highlighting key regulations and resources for foreign entrepreneurs setting up or operating a business in China.

Why Government Information Disclosure Matters for Foreign Founders

When establishing or running a company in China, access to reliable government information is essential. China’s government information disclosure system ensures transparency by requiring administrative agencies to publish certain documents and respond to public requests. For foreign founders, understanding this framework can help you navigate regulatory requirements, verify official policies, and engage more effectively with local authorities.

The State Council of China has issued a series of regulations and guidance documents that shape how government information is disclosed. These documents cover everything from the scope of disclosure to the procedures for requesting information and the fees that may apply. Below, we summarize the key national and provincial rules that foreign entrepreneurs should be aware of.

Key National Regulations on Government Information Disclosure

The foundation of China’s government information disclosure system 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 obligations of government agencies to disclose information proactively and upon request, and it defines the rights of citizens, legal persons, and other organizations to access such information.

To implement this regulation, the General Office of the State Council has issued several notices and interpretations. These documents address practical issues such as:

• Information processing fees: The Measures for the Administration of Information Processing Fees for Government Information Disclosure (issued December 1, 2020) clarifies how fees for processing information requests are calculated and collected.
• Annual reporting format: The Format for Annual Reports on Government Information Disclosure Work (issued September 29, 2021) standardizes how agencies report on their disclosure activities.
• Platform standardization: The Notice on Standardizing Government Information Disclosure Platforms (issued December 3, 2019) provides guidelines for the construction and management of online disclosure platforms.
• Handling of applications after institutional reforms: The Interpretation on Issues Concerning the Handling of Government Information Disclosure Applications after Institutional Reforms (issued February 11, 2019) addresses how requests are processed when government agencies are restructured.
• Channels for receiving requests: The Interpretation on Issues Concerning the Channels for Receiving Government Information Disclosure Applications (issued October 24, 2017) explains the acceptable methods for submitting requests.
• Subject of reply: The Interpretation on Issues Concerning the Subject of Replies to Government Information Disclosure Applications (issued October 24, 2017) clarifies which agency is responsible for responding to requests.
• Annual report items: The Interpretation on Issues Concerning the Reporting of Items in Annual Reports on Government Information Disclosure (issued October 24, 2017) provides guidance on filling out annual reports.
• Delivery of processing decisions: The Interpretation on Issues Concerning the Delivery of Government Information Disclosure Processing Decisions (issued October 24, 2017) outlines how decisions are served to applicants.
• Boundary between disclosure and business inquiries: The Interpretation on Issues Concerning the Boundary between Government Information Disclosure and Business Inquiry Matters (issued October 24, 2017) helps distinguish between requests for government information and general business inquiries.
• Formulation of disclosure rules for public enterprises and institutions: The Notice on Issuing the Measures for Formulating Regulations on Information Disclosure of Public Enterprises and Institutions (issued December 21, 2020) extends disclosure requirements to certain public entities.
• Review of administrative reconsideration cases: The Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases on Government Information Disclosure (forwarded January 4, 2022) provides guidance for handling disputes related to information disclosure.
• Centralized disclosure and dynamic updating of regulations: The Notice on Doing a Good Job in Centralized Disclosure and Dynamic Updating of Regulations (issued October 29, 2021) requires agencies to keep regulatory information current.

These national documents form the backbone of the disclosure system and are supplemented by provincial rules.

Provincial-Level Rules: The Case of Sichuan

Local governments also issue their own implementing measures. For instance, the Sichuan Provincial Department of Finance and the Sichuan Provincial Development and Reform Commission jointly issued a notice on January 25, 2021, regarding matters related to information processing fees for government information disclosure. This notice adapts the national fee policy to the provincial context, ensuring that applicants in Sichuan are aware of the costs involved.

Foreign founders operating in Sichuan or other provinces should check for similar local rules, as procedures and fee structures may vary slightly across regions.

How Foreign Founders Can Use These Rules

Understanding these regulations can help you in several ways:

• Access official documents: You can request government information that may affect your business, such as local regulations, licensing requirements, or policy interpretations.
• Verify compliance: By knowing the disclosure rules, you can confirm whether certain permits or approvals are required and how to obtain them.
• Engage with authorities: Knowing the proper channels and procedures for information requests can make interactions with government agencies more efficient.
• Budget for fees: If you plan to submit information requests, be aware that processing fees may apply, as outlined in the national and provincial fee measures.

It is important to note that government information disclosure is distinct from general business inquiries. The interpretations clarify that requests should be specific to government-held information, not for advice or services that fall outside the scope of the disclosure system.

Practical Steps for Making an Information Request

If you need to request government information, follow these general steps based on the national guidelines:

• Identify the responsible agency: Determine which government body holds the information you need. The interpretations on the subject of reply can help clarify responsibilities.
• Use the correct channels: Submit your request through the channels designated by the agency, which may include online platforms, mail, or in-person submissions.
• Be specific: Clearly describe the information you are seeking to avoid confusion with business inquiries.
• Be prepared for fees: Check the applicable fee schedule, which may be based on the national measures or local adaptations like the Sichuan notice.
• Track your request: Keep records of your submission and any responses, and be aware of the delivery methods for processing decisions.

For foreign founders, it may be helpful to engage a local advisor or legal professional to assist with information requests, especially if language or procedural barriers exist.

Conclusion

China’s government information disclosure system provides a structured way for foreign founders to access official information that can inform business decisions. By familiarizing yourself with the key national regulations and any relevant local rules, you can better navigate the regulatory environment and reduce compliance risks. Always ensure that your requests are targeted and within the scope of the disclosure framework.

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 ongoing compliance in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.