Published by ChinaMNC · Dujiangyan

How Foreign Founders Can Request Government Information in Sichuan: A Practical Guide

A practical guide for foreign founders in Sichuan on how to use the provincial government's information disclosure system, including proactive disclosure, application procedures, timelines, and fees.

Why Government Information Matters for Foreign Founders in Sichuan

For foreign founders establishing or operating a company in Sichuan, access to official government information can support due diligence, regulatory planning, and understanding local policy. The Sichuan Provincial People's Government and its General Office publish a guide explaining how citizens, legal persons, and other organizations can obtain government information. This article summarizes that guide for foreign founders, focusing on practical steps and rules drawn from the source.

The guide is issued under the Regulation of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711, referred to as the Regulation). Its stated aims include improving transparency, supporting law-based government, and helping government information serve production, daily life, and economic and social activities.

Information the Government Discloses Proactively

Under the principles of fairness, legality, and convenience, the government proactively discloses information that affects public interests, that the public needs to know widely, or that requires public participation in decision-making. It also discloses other information required by laws, regulations, rules, and relevant national provisions, and it continues to expand proactive disclosure in line with higher-level directives.

The guide lists ten categories of proactively disclosed information. Foreign founders may find several of these especially relevant:

• Leadership and structure: Provincial government leaders and their divisions of work, the setup of government bodies, main responsibilities, and the provincial government's working rules.
• Rules and normative documents: Provincial government rules and normative documents issued by the provincial government and its General Office.
• Work reports and meetings: Provincial government work reports, important meetings, and information on leaders' attendance at major official activities.
• Planning and statistics: Provincial economic and social development plans, special plans, regional plans and related policies, and economic and social development statistics.
• Administrative matters: Administrative licensing, administrative penalties, administrative coercion, and other external management and service matters.
• Finance and procurement: Budgets and final accounts, government centralized procurement, and administrative and institutional fees.
• Major projects: Approval and implementation of major construction projects.
• Major livelihood issues: Policies, measures, and implementation in poverty alleviation, education, medical care, social security, and employment promotion; emergency plans, early warnings, and responses for public emergencies; and supervision and inspection of environmental protection, public health, work safety, food and drug safety, and product quality.
• Personnel matters: Provincial government personnel appointments and removals, and civil servant recruitment.
• Other information: Other government information that laws, regulations, rules, and national provisions require to be proactively disclosed.

Where to Find Proactively Disclosed Information

The guide identifies several channels for proactive disclosure:

• The Sichuan Provincial People's Government Gazette.
• The Sichuan Provincial People's Government portal website.
• Social media and news platforms, including the "Sichuan Release" Sina Weibo account, the "Sichuan Release" WeChat public account, and the "Sichuan Provincial People's Government Website" Toutiao account.
• Provincial government press conferences.
• Other channels such as radio, television, and newspapers.

In addition, government information is made available through the Sichuan Provincial Government Government Services and Public Resource Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library. These are also information disclosure acceptance and inspection venues.

Timing of Proactive Disclosure

Government information within the scope of proactive disclosure is made public within 20 working days from the date it is formed or changed. Where laws and regulations provide otherwise, those provisions apply.

Applying for Information That Is Not Proactively Disclosed

Beyond proactively disclosed information, citizens, legal persons, and other organizations (applicants) may apply to the Sichuan Provincial People's Government and its General Office for relevant government information.

Step 1: Identify the Correct Agency

To obtain information accurately and quickly, applicants should first determine which agency holds the information. Applicants can visit the provincial government portal website, click on "Institutional Functions," and review the main responsibilities and organizational setup of provincial administrative agencies. They should then submit an application through the channel opened by the relevant agency, following its specific instructions.

The guide gives examples of where to apply:

• For information on project approval and feasibility study reports for major construction projects, apply to the development and reform department.
• For information related to collective land expropriation, apply to the natural resources department.
• For information on expropriation and compensation of housing on state-owned land and shantytown renovation, apply to the city or county-level government where the applicant is located and its housing and urban-rural development department.

Step 2: Submit the Application

Under the Regulation, the General Office of the Sichuan Provincial People's Government accepts applications submitted to the provincial government and the General Office. The Provincial Government Information Disclosure Office handles the specifics.

Applications may be submitted in person, by letter, or online. The General Office processes them according to the application procedure.

• In person: The agency has an acceptance point at the Provincial Government Services Center. Applicants can collect the Government Information Disclosure Application Form on site, complete it, and submit it in person.
• By letter: Applicants submit the application form by mail together with a copy of a valid identity document.
• Online: Applicants register a user account on the Sichuan Government Services Network as prompted, log in, and apply online. They select the application type and enter their application information, such as name and ID number, and can then check the application's progress.

Step 3: Prepare a Clear Request

The guide offers several practical tips for applicants:

• Search first: Before submitting an application, applicants should use the proactive disclosure channels to see whether the information is already available. If it cannot be found, they can then apply.
• Use the right channel for other matters: Matters involving petitions, complaints, reports, consultations, or suggestions should be submitted through dedicated channels such as the Governor's Mailbox, the 12345 online message board, and disciplinary inspection reporting.
• Complete the form: The application form can be collected at the acceptance point or downloaded from the provincial government portal website. Photocopies are valid. For online applications, the form can be filled in directly online.
• Verify identity: In-person applicants must show a valid identity document. Letter applicants must attach a copy of a valid identity document. Online applicants must register on the Sichuan Government Services Network and complete identity verification before logging in and submitting.
• Describe the information clearly: The description should be specific. Applicants are advised to provide the name, document number, or other characteristic details that help the agency locate the information.

Step 4: Respond to Requests for Correction

If the application content is unclear, the agency will provide guidance and explanation. Within 7 working days of receiving the application, it will inform the applicant once of the need to supplement or correct the request, explaining what needs to be corrected and a reasonable correction period. If the corrected application does not meet requirements or still cannot identify specific government information, the agency will inform the applicant in writing that the content is unclear and that the application cannot be processed. If the applicant fails to correct the request within the period without justified reasons, the application is deemed abandoned and will no longer be processed.

How Applications Are Handled

The guide describes several possible responses:

• If the requested information can be disclosed, the agency provides it or tells the applicant how, where, and when to obtain it.
• If the information is not the responsibility of the agency to disclose, the agency informs the applicant and explains why. If the responsible agency can be identified, it provides the agency's name and contact details.
• If the agency has already responded to an application and the applicant repeatedly requests the same information, the agency informs the applicant that it will not process the repeated request.
• If the requested information concerns business registration or real estate registration records and other laws or administrative regulations contain special provisions on obtaining such information, the agency tells the applicant to follow those provisions.

Time Limits

Except where an answer can be given on the spot, the agency responds within 20 working days of receiving the application. If an extension is needed, the head of the agency's information disclosure office must agree and notify the applicant in writing. The extension may not exceed 20 working days.

Time spent seeking opinions from third parties and other agencies is not counted in the processing period. For applications requiring correction, the response period starts from the date the agency receives the corrected application.

If the number or frequency of applications clearly exceeds a reasonable range, the agency may ask the applicant to explain the reasons. If the reasons are unreasonable, the agency informs the applicant that the application will not be processed. If the reasons are reasonable but the agency cannot respond within the period set by the Regulation, it determines a reasonable delayed response period and informs the applicant.

Format and Fees

Except where the Regulation allows differentiated handling, the agency provides information according to what it actually holds and is not obliged to process or analyze existing government information.

The agency determines the specific form of disclosure based on the applicant's request and the actual state of the information it holds. If providing information in the requested form could endanger the safety of the information carrier or make disclosure too costly, the agency may provide it as electronic data or in another appropriate form, or arrange for the applicant to inspect or copy the information.

Under the Regulation, the agency charges information processing fees in strict accordance with the State Council General Office's notice on the Measures for the Administration of Government Information Disclosure Information Processing Fees (Guo Ban Han [2020] No. 109) and relevant provincial rules.

If You Believe Your Rights Are Infringed

Under the Regulation, if an applicant believes that an administrative agency has infringed its lawful rights and interests in government information disclosure, it may complain or report to the higher-level administrative agency or the competent department for government information disclosure. It may also apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

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