Published by ChinaMNC ยท Jiangyou
Understanding Sichuan Government Information Disclosure: A Guide for Foreign Founders
A practical overview of how foreign founders can access government information from the Sichuan Provincial People's Government and its General Office, including proactive disclosure, application procedures, and key contacts.
Why Government Information Disclosure Matters for Foreign Founders
For foreign entrepreneurs establishing or operating a company in Sichuan, access to official government information is essential for compliance, planning, and understanding the local regulatory environment. The Sichuan Provincial People's Government and its General Office have published a guide explaining how to obtain government information under the Regulations on the Disclosure of Government Information of the People's Republic of China (State Council Order No. 711). This article summarizes the key points for foreign founders, based solely on that official guide.
Proactive Disclosure: Information Available Without Application
The government proactively discloses certain categories of information to ensure transparency and support public participation. According to the guide, proactive disclosure follows principles of fairness, legality, and convenience, and covers information that affects public interests or requires broad public awareness. The main categories include:
- Leadership and structure: Provincial government leaders and their responsibilities, the setup and main duties of government agencies, and internal work rules.
- Regulations 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 public events.
- Planning and statistics: National economic and social development plans, special plans, regional plans, related policies, and statistical information.
- Administrative matters: Administrative licensing, penalties, compulsory measures, and other external management services.
- Financial information: Budgets and final accounts, government centralized procurement, and administrative fees.
- Major projects: Approval and implementation status of major construction projects.
- Livelihood issues: Policies and measures on poverty alleviation, education, healthcare, social security, and employment promotion; emergency plans and warnings for public incidents; and supervision of environmental protection, public health, work safety, food and drug safety, and product quality.
- Personnel matters: Personnel appointments and removals, and civil servant recruitment.
- Other information: As required by laws, regulations, and relevant national provisions.
This information is made available through various channels, including the Sichuan Provincial People's Government Gazette, the provincial government portal website, official social media accounts (such as "Sichuan Release" on Sina Weibo and WeChat, and the "Sichuan Provincial People's Government Website" Toutiao account), press conferences, and other media like radio, television, and newspapers. Additionally, information can be accessed at the Sichuan Provincial Government Affairs Service and Public Resource Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library.
For proactively disclosed information, the government aims to publish it within 20 working days from the date the information is formed or changed, unless otherwise provided by laws or regulations.
Applying for Information: How to Request Government Information
If the information you need is not proactively disclosed, you can file an application. The guide outlines the process for citizens, legal persons, and other organizations (referred to as applicants) to request information from the Sichuan Provincial People's Government and its General Office.
Step 1: Identify the Responsible Agency
To ensure a smooth process, first determine which agency holds the information. You can visit the provincial government portal website and click on "Agency Functions" to learn about the responsibilities and structure of provincial administrative agencies. Then, submit your application to the appropriate agency through its designated channels. For example:
- For information on major construction project approvals or feasibility study reports, apply to the Development and Reform Department.
- For information on collective land expropriation, apply to the Natural Resources Department.
- For information on state-owned land housing expropriation and compensation, or shantytown renovation, apply to the municipal or county-level government and its housing and urban-rural development department.
The General Office of the Sichuan Provincial People's Government accepts applications for information held by the provincial government and the General Office itself. The Provincial Government Information Disclosure Office handles the specific matters.
Step 2: Submit Your Application
Applications can be submitted in three ways: in person, by mail, or online.
- In person: You can visit the government information disclosure application acceptance point at the Provincial Government Affairs Service Center, obtain a Government Information Disclosure Application Form (the "Application Form"), fill it out, and submit it on the spot.
- By mail: Send the completed Application Form along with a copy of your valid identification document to the designated address.
- Online: Register on the Sichuan Government Affairs Service Network, complete identity verification, log in, and submit your application online. You can also check the progress of your application.
When applying, you must provide a clear description of the information you need. It is recommended to include the name, document number, or other characteristic details that will help the agency locate the information. If the application content is unclear, the agency will provide guidance and may request a supplement within 7 working days from receiving the application, specifying what needs to be corrected and a reasonable deadline. If you fail to supplement without justification, the application may be considered abandoned.
Step 3: Processing and Response Time
After receiving a valid application, the agency will respond within 20 working days, unless it can respond on the spot. If an extension is needed, the agency will inform you in writing, and the extension will not exceed another 20 working days. The time required to consult third parties or other agencies is not counted in the processing period. If your application is for information that is already publicly available, the agency may direct you to the source.
The agency will provide the information in the form you request, unless doing so would endanger the safety of the information carrier or incur excessive costs; in such cases, it may provide the information in another appropriate format, such as electronic data, or arrange for you to inspect or copy it. The agency is not obligated to process or analyze existing information to create new information.
Fees and Appeals
According to the guide, the agency may charge an information processing fee in accordance with the Measures for the Administration of Information Processing Fees for Government Information Disclosure (Guobanhan [2020] No. 109) and provincial regulations. If you believe your legal rights have been infringed in the disclosure process, you can file a complaint or report with the higher-level administrative agency or the government information disclosure supervisory department, or apply for administrative reconsideration or initiate an administrative lawsuit.
Practical Tips for Foreign Founders
- Check proactive disclosure first: Before filing an application, search the provincial government portal and other channels to see if the information is already available. This can save time.
- Be specific: Clearly describe the information you need, including document titles or numbers if known, to help the agency process your request efficiently.
- Use the correct channels: For matters like complaints, suggestions, or inquiries, use dedicated channels such as the Governor's Mailbox, 12345 online message, or the discipline inspection reporting system, rather than the information disclosure application process.
- Keep records: Retain copies of your application and any responses for your company's records.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.
For assistance with registering and operating a company in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.