Published by ChinaMNC · Changle

China Government Information Disclosure Rules: A Guide for Foreign Founders

A practical overview of China's government information disclosure framework, including key regulations and resources for foreign founders navigating company registration and operations.

Understanding China's Government Information Disclosure Framework

For foreign founders establishing or operating a company in China, access to government information is essential for compliance and informed decision-making. China's government information disclosure system, governed by the Regulations on Open Government Information (latest revision effective 2019), provides a legal basis for obtaining certain government-held information. This article outlines the key regulations and resources available, based on official publications from Chinese government websites.

Key Regulations and Notices

The State Council General Office and its Government Information and Openness Office have issued several documents to clarify and standardize the disclosure process. Below are some of the most relevant regulations and notices, with their publication dates:

• Regulations of the People's Republic of China on Open Government Information (latest revision) – April 15, 2019
• Notice on Issuing the Measures for Formulating Public Information Disclosure Rules for Public Enterprises and Institutions – December 21, 2020
• Notice on Issuing the Measures for Managing Information Processing Fees for Government Information Disclosure – December 1, 2020
• Notice on Forwarding the Ministry of Justice's Guiding Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases of Government Information Disclosure – January 4, 2022
• Notice on Doing a Good Job in Centralized Disclosure and Dynamic Updating of Rules and Regulations – November 1, 2021
• Notice on Issuing the Format for Annual Reports on Government Information Disclosure Work – September 29, 2021
• Letter on Forwarding the Jiangsu Province Norms for Handling and Responding to Government Information Disclosure Applications – February 4, 2020
• Notice on Standardizing Matters Relating to Government Information Disclosure Platforms – December 3, 2019
• Notice on Matters Relating to Annual Reports on Government Information Disclosure Work – November 26, 2019
• Interpretation on Issues Concerning the Handling of Government Information Disclosure Applications After Institutional Reform – February 11, 2019
• Interpretation on Issues Concerning Channels for Receiving Government Information Disclosure Applications – October 24, 2017
• Interpretation on Issues Concerning the Subject of Replies to Government Information Disclosure Applications – October 24, 2017
• Interpretation on Issues Concerning Time Limits for Government Information Disclosure – October 24, 2017
• Interpretation on Issues Concerning the Filling of Items in Annual Reports on Government Information Disclosure – October 24, 2017
• Interpretation on Issues Concerning the Delivery of Government Information Disclosure Decisions – October 24, 2017
• Interpretation on Clarifying the Boundary Between Government Information Disclosure and Business Inquiry Matters – October 24, 2017

These documents address various aspects of the disclosure process, including application procedures, fees, timelines, and the distinction between information disclosure and general business inquiries. Foreign founders should familiarize themselves with these rules when seeking government information.

Accessing Local Government Information

Government information disclosure operates at multiple levels. The source website, for example, provides links to local government portals across China, including provincial, municipal, and county-level sites. For foreign founders, understanding the local disclosure landscape is crucial, as many permits and registrations are handled at the local level.

The source lists links to:

• Local government websites for provinces such as Beijing, Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Jiangxi, Shandong, Henan, Hubei, Hunan, Guangdong, Guangxi, Hainan, Chongqing, Sichuan, Guizhou, Yunnan, Tibet, Shaanxi, Gansu, Qinghai, Ningxia, Xinjiang, Hong Kong, Macao, Taiwan, and the Xinjiang Production and Construction Corps.
• Shandong provincial government department websites, including those for development and reform, education, science and technology, industry and information technology, ethnic and religious affairs, public security, civil affairs, justice, finance, human resources and social security, natural resources, housing and urban-rural development, transport, water resources, agriculture and rural affairs, commerce, culture and tourism, health, veterans affairs, emergency management, audit, foreign affairs, state-owned assets supervision, market regulation, radio and television, sports, statistics, medical security, government offices administration, national defense mobilization, local financial supervision, big data, letters and visits, energy, grain and material reserves, prison administration, ocean affairs, animal husbandry and veterinary medicine, and drug regulation.
• Shandong municipal government websites, including Jinan, Qingdao, Zibo, Weifang, Yantai, Weihai, Rizhao, Dongying, Tai'an, Heze, Linyi, Jining, Zaozhuang, Dezhou, Liaocheng, and Binzhou.
• Weifang city county and district information disclosure pages for Kuiwen, Weicheng, Fangzi, Hanting, Qingzhou, Zhucheng, Shouguang, Anqiu, Gaomi, Changyi, Linqu, and Changle.

These links serve as a starting point for locating relevant local regulations, procedures, and contact points. Foreign founders should consult the specific local government website for the jurisdiction where their company is registered or operates.

Practical Implications for Foreign Founders

When navigating government information disclosure, foreign founders should keep the following points in mind:

• Application Process: Requests for government information must be submitted through designated channels. The 2017 interpretation on receiving channels clarifies how applications should be submitted.
• Fees: The 2020 measures on information processing fees set rules for charging fees for certain information requests. Founders should be aware that fees may apply for processing information requests, particularly for large volumes or complex requests.
• Timelines: The 2017 interpretation on time limits specifies the timeframes within which government agencies must respond to information disclosure requests.
• Annual Reports: Government agencies publish annual reports on their information disclosure work. These reports can provide insights into the types of information available and agency practices.
• Boundary with Business Inquiries: The 2017 interpretation clarifies that government information disclosure is distinct from general business inquiries. Founders should use appropriate channels for each type of request.

Understanding these rules can help foreign founders efficiently obtain necessary information while avoiding unnecessary delays or misunderstandings.

Conclusion

China's government information disclosure framework provides a structured way for foreign founders to access government information. By familiarizing themselves with the key regulations and utilizing local government resources, founders can better navigate the regulatory environment. For personalized assistance with company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.

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