Published by ChinaMNC · Luding

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

A practical overview of China's government information disclosure framework and its relevance for foreign founders registering or operating a company in China.

Why Government Information Disclosure Matters for Foreign Founders

When setting up or running a company in China, foreign founders often need reliable information about regulations, policies, and administrative procedures. China's government information disclosure system is designed to make such information publicly accessible. This article outlines the key national regulations and local implementing measures, based on official sources, and explains how foreign founders can use this system to stay informed and compliant.

The National Framework: Key Regulations and Notices

The core 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), which took effect on April 15, 2019. This regulation establishes the basic principles, scope, and procedures for government information disclosure.

To implement this regulation, the General Office of the State Council and its Government Information and Openness Office have issued a series of notices and interpretations. These documents address practical issues that may arise during implementation. For foreign founders, understanding these documents can help navigate requests for government information and clarify the boundaries between disclosure and other administrative processes.

Key Notices and Interpretations

• Measures for Formulating Public Information Disclosure Regulations for Public Enterprises and Institutions (December 21, 2020) – provides guidance for public entities on disclosure rules.
• Measures for the Administration of Information Processing Fees for Government Information Disclosure (December 1, 2020) – sets rules for fees that may be charged when processing information requests.
• Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases Involving Government Information Disclosure (January 4, 2022, forwarded from the Ministry of Justice) – offers guidance on handling disputes related to information disclosure.
• Notice on the Centralized Disclosure and Dynamic Updating of Regulations (October 29, 2021) – requires timely publication of regulations.
• Notice on the Format of Annual Reports on Government Information Disclosure (September 29, 2021) – standardizes annual reporting.
• Notice on Regulating Government Information Disclosure Platforms (December 3, 2019) – provides standards for online platforms.
• Interpretation on Handling Government Information Disclosure Applications After Institutional Reform (February 11, 2019) – clarifies responsibilities after government restructuring.
• Interpretation on Channels for Receiving Government Information Disclosure Applications (October 24, 2017) – explains how applications should be submitted.
• Interpretation on the Subject of Replies to Government Information Disclosure Applications (October 24, 2017) – identifies which agency should respond.
• Interpretation on Filling Out Items in Annual Reports on Government Information Disclosure (October 24, 2017) – provides guidance on report content.
• Interpretation on the Delivery of Government Information Disclosure Decisions (October 24, 2017) – explains how decisions are communicated.
• Interpretation on Distinguishing Government Information Disclosure from Business Inquiry Matters (October 24, 2017) – clarifies the scope of disclosure requests.

Local Implementation: Sichuan Province's Measures

Local governments also implement the national framework. For example, the Sichuan Provincial Department of Finance and the Sichuan Provincial Development and Reform Commission issued a notice on January 25, 2021, regarding matters related to information processing fees for government information disclosure. This notice likely aligns local practices with the national fee measures. Foreign founders operating in Sichuan should be aware of such local notices, as they may affect how information requests are handled and what costs may be involved.

The source page also lists policy documents, including administrative normative documents and departmental normative documents. For instance, it mentions the Provincial Development and Reform Commission (24 documents). While the specific titles are not detailed in the source, foreign founders can explore these documents on the official website to find regulations relevant to their industry or business activities.

How Foreign Founders Can Use the Disclosure System

The government information disclosure system allows individuals and organizations to request government information. For foreign founders, this can be a useful tool to obtain official documents, policy interpretations, and procedural guidelines that affect business operations. However, it is important to understand the procedures and limitations.

Practical Steps

• Identify the right agency: Determine which government body holds the information you need. The interpretations above clarify that the subject of reply is typically the agency that created or holds the information.
• Use proper channels: Submit requests through designated channels as explained in the interpretation on receiving channels. This may include online portals, mail, or in-person submissions.
• Understand fees: Be aware that processing fees may apply, as outlined in the national measures and local notices like the Sichuan one.
• Distinguish from business inquiries: The interpretation on distinguishing disclosure from business inquiries clarifies that not all information requests are treated as government information disclosure. Some inquiries may be directed to other services.
• Annual reports: Government agencies publish annual reports on their disclosure work. These reports can provide insight into what information is available and how agencies handle requests.

Conclusion

China's government information disclosure system is supported by a comprehensive set of national regulations and local measures. For foreign founders, familiarity with this system can aid in accessing official information and understanding regulatory requirements. By using the available channels and understanding the procedures, foreign entrepreneurs can better navigate the administrative landscape when establishing and operating their businesses in China.

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