Published by ChinaMNC · Dujiangyan

Understanding China’s Government Information Disclosure System: A Guide for Foreign Founders

A practical overview of China’s government information disclosure framework, including key regulations and procedures relevant to 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 access to official government information—whether to verify regulations, understand compliance requirements, or obtain documents for registration. China’s Government Information Disclosure system provides a formal channel for the public, including foreign investors, to request and receive government information. This article summarizes the key regulations and procedures based on official sources.

Key Regulations and Policies

National Regulations

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 principles, scope, and procedures for government information disclosure.

Several supporting documents from the General Office of the State Council and its Government Information and Public Affairs Disclosure Office provide further guidance:

• Measures for the Administration of Information Processing Fees for Government Information Disclosure (December 1, 2020) – governs fees that may be charged for processing information requests.
• Notice on Issuing the Format for Annual Reports on Government Information Disclosure (September 29, 2021) – standardizes annual reporting.
• Notice on Regulating Government Information Disclosure Platforms (December 3, 2019) – addresses the setup of online platforms.
• Interpretations on Various Issues – covering topics such as handling applications after institutional reforms (February 11, 2019), channels for receiving applications (October 24, 2017), the proper respondent for applications (October 24, 2017), filling out annual reports (October 24, 2017), delivery of decision notices (October 24, 2017), and the boundary between government information disclosure and general business inquiries (October 24, 2017).
• Notice on the Pilot Program for Information Disclosure by Public Enterprises and Institutions (December 21, 2020) – extends disclosure rules to certain public entities.
• Guiding Opinions on Administrative Reconsideration Cases Concerning Government Information Disclosure (January 4, 2022) – from the Ministry of Justice, addressing disputes.
• Notice on the Centralized Disclosure and Dynamic Updating of Regulations (October 29, 2021) – ensures regulations are publicly accessible and current.

Sichuan Provincial Rules

At the provincial level, the Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission issued a notice on matters related to information processing fees for government information disclosure on January 25, 2021. This notice implements the national fee measures within Sichuan.

How Foreign Founders Can Use the System

Foreign founders may request government information that is not proactively published. The regulations clarify the following practical points:

• Application channels: Government agencies must accept applications through designated channels; the 2017 interpretation clarifies what those channels are.
• Who responds: The 2017 interpretation on the respondent clarifies which agency is responsible for answering a request, which is important when dealing with multiple levels of government.
• Distinction from business inquiries: The 2017 interpretation on the boundary between disclosure and business inquiries helps avoid misdirecting requests that are actually routine business queries.
• Fees: Processing fees may apply, as set out in the 2020 fee measures and the 2021 Sichuan notice. These are administrative fees, not service charges.
• Annual reports: Agencies publish annual reports on their disclosure work, which can be a useful source of information about what types of information are available.

For foreign founders, it is advisable to first check what information is already proactively disclosed on government websites (such as regulations, policies, and procedures). If the needed information is not available, a formal disclosure request can be filed. The process is governed by the national regulation and local implementing rules.

Practical Steps for Making a Request

While specific procedures may vary by agency, the general framework includes:

1. Identify the correct agency that holds the information. The 2017 interpretation on the respondent provides guidance on this.
2. Submit a written request through the channels designated by that agency (e.g., online portal, mail, or in-person).
3. Provide clear details about the information sought, such as document titles, reference numbers, or time frames.
4. Pay any applicable fees as notified by the agency, in accordance with the fee measures.
5. Receive a response within the statutory time limit (typically 20 working days, extendable).

Note that the disclosure system is not intended for general business consulting or for obtaining advice. It is a legal mechanism to access existing government records.

Conclusion

China’s government information disclosure system offers foreign founders a structured way to obtain official information needed for company registration and ongoing operations. By understanding the key regulations and procedures, foreign investors can navigate the system more effectively and ensure compliance.

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

Foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535 for help registering and operating a company in China.