Published by ChinaMNC · Dege

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

A practical overview of China's government information disclosure system, based on official regulations and notices, to help foreign founders navigate transparency requirements when registering or operating a company in China.

Why Government Information Disclosure Matters for Foreign Founders

When setting up or running a business in China, foreign founders often need to access official documents, regulations, and administrative guidance. China’s government information disclosure system provides a structured way to obtain such information. This article summarizes key aspects of the system, drawing from official sources published by Chinese government bodies, to help foreign entrepreneurs understand what information is available and how to request it.

Key Regulations and Notices

The foundation of the system is the Regulation of the People’s Republic of China on the Disclosure of Government Information (State Council Order No. 711), issued on April 15, 2019. This regulation sets out the obligations of government agencies 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 rules on fees that may apply when processing information requests.
• Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases on Government Information Disclosure (January 4, 2022) – clarifies how reconsideration cases are handled.
• Notice on the Centralized Disclosure and Dynamic Updating of Rules and Regulations (October 29, 2021) – requires agencies to keep published rules current.
• Notice on the Format of Annual Reports on Government Information Disclosure (September 29, 2021) – standardizes annual reporting.
• Notice on Matters Concerning the Standardization of Government Information Disclosure Platforms (December 3, 2019) – provides platform standards.
• Explanations on Various Issues – including handling of applications after institutional reforms (February 11, 2019), channels for receiving applications (October 24, 2017), the proper respondent in application replies (October 24, 2017), filling out annual report items (October 24, 2017), delivery of processing decisions (October 24, 2017), and the boundary between government information disclosure and general business inquiries (October 24, 2017).

Additionally, 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 for those operating in Sichuan.

How Foreign Founders Can Use the System

Foreign founders may need government information for various purposes: understanding licensing requirements, checking regulatory compliance, or researching policies affecting their industry. The system allows both proactive disclosure (information published on government websites) and reactive disclosure (responding to specific requests).

Proactive Disclosure

Many government agencies publish policies, regulations, and administrative documents on their official websites. Founders should regularly check the websites of relevant agencies, such as the local development and reform commission, market regulation administration, and tax bureau. The notices above emphasize the importance of centralized disclosure and dynamic updating, meaning that official platforms should contain current rules.

Making an Information Disclosure Request

If the needed information is not publicly available, founders can file a request. The explanations clarify that requests must be submitted through designated channels (e.g., online portals, mail, or in-person). It is important to clearly describe the information sought and provide proper identification. The explanation on the boundary between disclosure and business inquiries indicates that general questions about procedures or business matters should be directed to the appropriate service channels rather than as information disclosure requests.

Fees and Processing

While most information is provided free of charge, fees may apply for processing requests that involve significant costs (e.g., copying, mailing). The national measures and the Sichuan notice set out the fee structure. Founders should be aware that fees, if any, are based on actual costs and are regulated.

Annual Reports

Government agencies are required to publish annual reports on their information disclosure work. These reports can provide insights into what information is available and how agencies have responded to requests. The standardized format ensures consistency across agencies.

Practical Tips for Foreign Founders

• Identify the right agency: Different types of information are held by different departments. For company registration, the market regulation administration is key; for tax matters, the tax bureau; for industry-specific policies, the relevant sector regulator.
• Check official websites first: Many documents are proactively published. Look for sections labeled “Government Information Disclosure” (政府信息公开) on agency websites.
• Use the correct channels: Follow the procedures outlined by each agency for submitting requests. Incorrect channels may lead to delays.
• Be specific: Clearly state the information needed, including time frames, document titles, or reference numbers if known.
• Understand limitations: Not all information is disclosable. Exemptions may apply for state secrets, personal privacy, and other protected categories.
• Seek local support: Consider engaging local legal or business advisors who are familiar with the system to help navigate requests.

Conclusion

China’s government information disclosure system offers foreign founders a formal way to access official information necessary for compliance and business planning. By understanding the key regulations and following the procedures, entrepreneurs can better navigate the regulatory landscape. Always refer to the latest official notices and consult professionals for specific cases.

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