Published by ChinaMNC · Fucheng

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

A practical overview of China's government information disclosure framework, including key regulations and procedures, tailored 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, foreign founders often need access to official information—ranging from policy documents to administrative procedures. China's government information disclosure system provides a structured way to obtain such information. This article summarizes the key regulations and procedures based on official government publications, helping you understand how to navigate this system effectively.

Key Regulations Governing Information Disclosure

The foundation of China's government information disclosure is the Regulations on Open Government Information of the People's Republic of China (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 further clarify implementation details:

• Measures for the Formulation of Rules on Information Disclosure of Public Enterprises and Institutions (December 21, 2020) – provides guidance for public service entities.
• Measures for the Administration of Information Processing Fees for Government Information Disclosure (December 1, 2020) – establishes a fee structure for processing information requests.
• Guiding Opinions on Several Issues in the Trial of Administrative Reconsideration Cases Concerning Government Information Disclosure (January 4, 2022) – addresses legal issues in disclosure disputes.
• Notice on the Centralized Disclosure and Dynamic Updating of Rules and Regulations (October 29, 2021) – requires agencies to keep regulatory information current.
• Notice on the Format of Annual Reports on Government Information Disclosure (September 29, 2021) – standardizes reporting.
• Notice on Regulating Government Information Disclosure Platforms (December 3, 2019) – sets standards for online portals.
• Interpretations on Issues After Institutional Reform (February 11, 2019) – clarifies responsibilities after government restructuring.
• Interpretations on Channels for Receiving Information Disclosure Requests (October 24, 2017) – explains how requests should be submitted.
• Interpretations on the Subject of Replies to Information Disclosure Requests (October 24, 2017) – identifies which agency should respond.
• Interpretations on Reporting Items in Annual Reports (October 24, 2017) – provides clarity on annual report content.
• Interpretations on the Delivery of Information Disclosure Decisions (October 24, 2017) – outlines how decisions are communicated.
• Interpretations on the Boundary Between Information Disclosure and Business Inquiries (October 24, 2017) – distinguishes disclosure requests from general inquiries.

Additionally, the Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission issued a notice on January 25, 2021, regarding information processing fees, which may be relevant if you operate in Sichuan.

How to Request Government Information

Foreign founders may need to request specific documents not proactively published. Based on the interpretations above, here are practical steps:

• Identify the correct agency: After institutional reforms, responsibilities may have shifted. The interpretations clarify which agency should handle your request.
• Use proper channels: Requests must be submitted through designated channels (e.g., online portals, mail, or in-person) as explained in the 2017 interpretations.
• Understand the scope: The boundary between information disclosure and general business inquiries is defined; ensure your request seeks existing recorded information, not answers to questions.
• Pay applicable fees: Processing fees may apply as per the 2020 measures and local notices like Sichuan's.
• Receive decisions properly: Decisions are delivered according to the 2017 interpretations.

Proactive Disclosure and Annual Reports

Government agencies at all levels proactively publish information on their websites. The 2021 notice on annual report formats requires agencies to publish annual reports on their disclosure work, which can be a useful source of information about what is available. The 2019 notice on platforms standardizes how information is presented online, making it easier to find.

What This Means for Your Business

As a foreign founder, you can use these regulations to:

• Access policy documents that affect your industry.
• Obtain official records needed for compliance or legal proceedings.
• Understand the fee structure for information requests.
• Hold agencies accountable for timely and proper responses.

Keep in mind that the system is governed by national regulations and local implementations. Always refer to the latest official notices for updates.

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