Published by ChinaMNC · Hongyuan

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

Understand China's government information disclosure framework, key regulations, and practical steps for foreign founders to access official information.

Understanding Government Information Disclosure in China

For foreign founders establishing or operating a business in China, access to official government information is essential for compliance and strategic planning. China's government information disclosure system, governed by the Regulations of the People's Republic of China on Open Government Information (State Council Order No. 711), provides a structured framework for obtaining administrative documents and policy details. This article outlines the key regulations and practical steps for foreign entrepreneurs to navigate this system effectively.

Key Regulations and Notices

The State Council General Office and its Government Information and Openness Office have issued several notices to clarify and standardize the implementation of government information disclosure. These documents address various aspects, from the format of annual reports to the handling of information requests. Below is a summary of the most relevant regulations for foreign founders.

Core Regulations

• Regulations on Open Government Information (State Council Order No. 711): The foundational regulation, effective since April 15, 2019, outlining the scope, procedures, and obligations for government information disclosure.
• Measures for the Formulation of Public Information Disclosure Rules for Public Enterprises and Institutions: Issued on December 21, 2020, this notice guides public entities in creating their own disclosure rules.
• Measures for the Administration of Information Processing Fees for Government Information Disclosure: Effective December 1, 2020, this sets the framework for fees that may be charged for processing information requests.

Guidance on Administrative Reconsideration and Legal Interpretation

• Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases Involving Government Information Disclosure: Issued on January 4, 2022, by the Ministry of Justice, providing clarity on legal disputes.
• Interpretations on Various Issues: A series of interpretations from the Government Information and Openness Office (2017-2019) address topics such as the handling of applications after institutional reforms, acceptable channels for submitting requests, the proper authority for responding, annual report filling, delivery of decisions, and the boundary between information disclosure and general inquiries.

Standardization and Reporting

• Notice on the Centralized Disclosure and Dynamic Updating of Regulations: Issued on October 29, 2021, to ensure regulations are publicly accessible and current.
• Notice on the Format of Annual Reports on Government Information Disclosure: Issued on September 29, 2021, standardizing the content and structure of annual reports.
• Notice on Standardizing Government Information Disclosure Platforms: Issued on December 3, 2019, to unify online disclosure portals.

Fee Regulations

• Notice from Sichuan Provincial Department of Finance and Development and Reform Commission on Information Processing Fees: Issued on January 25, 2021, detailing fee-related matters specific to Sichuan Province.

Practical Steps for Foreign Founders

To access government information, foreign founders should follow these practical steps:

1. Identify the Relevant Authority: Determine which government body holds the information you need. For company registration, this is typically the local Administration for Market Regulation; for tax matters, the Tax Bureau.
2. Submit a Written Request: Government information disclosure applications generally must be in writing, either online through official portals or via mail. Ensure you provide clear details about the information sought.
3. Understand the Channels: According to the interpretations, requests can be submitted through designated channels. Check the specific agency's website for their accepted methods.
4. Be Aware of Fees: While most information is provided free, processing fees may apply for extensive requests. The 2020 Measures outline the fee structure, and provincial notices like Sichuan's provide local specifics.
5. Utilize Annual Reports: Government agencies publish annual reports on their information disclosure work. These reports can provide valuable insights into available information and agency practices.
6. Seek Legal Clarification if Needed: If a request is denied or mishandled, the guiding opinions on administrative reconsideration may offer recourse. Consult legal counsel familiar with Chinese administrative law.

Conclusion

Navigating government information disclosure in China requires understanding the regulatory framework and following proper procedures. By leveraging the available regulations and guidance, foreign founders can obtain the information necessary to make informed business decisions and ensure compliance. Always refer to the latest official notices and consider professional advice for complex matters.

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