Published by ChinaMNC · Jiangyou

China Government Information Disclosure: A Guide for Foreign Founders

A practical overview of China's government information disclosure framework, including key regulations and notices, for foreign entrepreneurs setting up or operating a company in China.

Understanding Government Information Disclosure in China

For foreign founders establishing or running a business in China, understanding how government information is disclosed and accessed is essential for compliance and informed decision-making. The Chinese government operates under a framework of regulations and notices that govern the disclosure of government information, including policies, rules, and administrative normative documents. This article provides an overview of the key components of that framework, based on official sources.

Key Regulations and Notices

The foundation of government information disclosure in China is the Regulations of the People's Republic of China on Open Government Information (State Council Order No. 711), effective from April 15, 2019. This regulation sets out the principles, scope, and procedures for government information disclosure. It is supplemented by various notices and measures issued by the General Office of the State Council and its Government Information and Openness Office.

Several important notices address specific aspects of information disclosure:

• Measures for the Management of Information Processing Fees for Government Information Disclosure (December 1, 2020): This notice, issued by the General Office of the State Council, establishes rules for fees that may be charged when processing requests for government information. Foreign founders should be aware that while basic information is often freely available, certain requests may incur processing fees.
• Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases Involving Government Information Disclosure (January 4, 2022): Transmitted by the General Office of the State Council and issued by the Ministry of Justice, this document provides guidance on handling administrative reconsideration cases related to government information disclosure. It clarifies how disputes over information requests are adjudicated.
• Notice on the Work of Centralized Disclosure and Dynamic Updating of Rules (October 29, 2021): This notice from the Government Information and Openness Office of the General Office of the State Council emphasizes the need for timely and centralized publication of administrative rules.
• Notice on the Format of Annual Reports on Government Information Disclosure Work (September 29, 2021): This notice standardizes the format for annual reports that government agencies must publish, ensuring consistency and transparency.
• Notice on Matters Relating to Standardizing Government Information Disclosure Platforms (December 3, 2019): This notice provides guidance on the standardization of platforms used for disclosing government information, aiming to improve accessibility and user experience.

Clarifications on Information Requests

The Government Information and Openness Office has issued several interpretations to clarify common issues that arise when requesting government information. These include:

• Handling of Information Disclosure Applications After Institutional Reform (February 11, 2019): This interpretation addresses how applications are processed when government agencies undergo restructuring, ensuring continuity.
• Channels for Receiving Government Information Disclosure Applications (October 24, 2017): This clarifies the acceptable channels through which applications can be submitted, helping applicants avoid procedural pitfalls.
• Subject of Reply for Government Information Disclosure Applications (October 24, 2017): This explains which government body is responsible for responding to an application, which is crucial for directing requests appropriately.
• Filling Out Annual Reports on Government Information Disclosure (October 24, 2017): This provides guidance on the specific items to be included in annual reports, promoting consistency.
• Delivery of Decisions on Government Information Disclosure (October 24, 2017): This clarifies how decisions are delivered to applicants, ensuring they receive timely notification.
• Boundary Between Government Information Disclosure and Business Inquiry Matters (October 24, 2017): This interpretation distinguishes between requests for government information and general business inquiries, helping applicants understand which process applies.

Local Implementation: Sichuan Province

In addition to national regulations, local governments issue their own notices to implement and supplement the national framework. For example, the Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission issued a notice on matters relating to information processing fees for government information disclosure on January 25, 2021. This notice likely aligns with the national measures but may include local specifics. Foreign founders operating in Sichuan should be aware of such local variations.

Practical Implications for Foreign Founders

As a foreign founder, you may need to access government information for various purposes, such as understanding regulations, verifying policies, or obtaining official documents. The framework described above ensures that government information is generally available, but it also sets out procedures and potential fees. Here are some practical points to consider:

• Know the regulations: Familiarize yourself with the State Council Order No. 711 and related notices to understand your rights and obligations.
• Use proper channels: Submit information requests through the designated channels as clarified in the interpretations to avoid delays.
• Be aware of fees: Information processing fees may apply for certain requests, as outlined in the national measures and local notices.
• Check local rules: If you operate in a specific province like Sichuan, check for any local implementation notices that may affect you.
• Annual reports: Government agencies publish annual reports on information disclosure; these can be a useful source of information about what is available.

Conclusion

China's government information disclosure framework is designed to promote transparency and facilitate access to information. For foreign founders, understanding this framework can help in navigating the regulatory environment and ensuring compliance. By knowing the key regulations and procedures, you can effectively request and obtain the information you need for your business operations.

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