Published by ChinaMNC · Bazhong

China Government Information Disclosure: What Foreign Founders Need to Know

A practical guide for foreign founders on China's government information disclosure system, including key regulations, filing fees, and how to request government information.

Understanding Government Information Disclosure in China

For foreign founders setting up or operating a company in China, access to government information can be crucial for compliance and informed decision-making. China's Government Information Disclosure system, governed by the State Council's Regulation on Government Information Disclosure (State Council Order No. 711), provides a framework for obtaining official documents and data. This article outlines key aspects of the system based on official sources, offering practical guidance for foreign entrepreneurs.

Key Regulations and Policies

The central government has issued several documents to clarify and standardize the implementation of government information disclosure. These include:

• Regulation on Government Information Disclosure (State Council Order No. 711) – The foundational regulation, effective since April 15, 2019.
• Measures for the Administration of Information Processing Fees for Government Information Disclosure – Issued by the General Office of the State Council on December 1, 2020, this sets rules for charging fees when processing information requests.
• Notice on the Format of Annual Reports on Government Information Disclosure – Issued on September 29, 2021, standardizing how annual reports are prepared.
• Notice on Standardizing Government Information Disclosure Platforms – Issued on December 3, 2019, to ensure consistency across platforms.
• Interpretations on Various Issues – A series of interpretations from the General Office of the State Council addressing topics such as application channels, response subjects, delivery of decisions, and the boundary between information disclosure and business inquiries.

These documents provide the procedural and substantive rules for how government information is disclosed and how requests are handled. Foreign founders should be aware of these regulations when seeking information from Chinese government agencies.

Filing Fees for Information Requests

Under the Measures for the Administration of Information Processing Fees, government agencies may charge fees for processing information disclosure requests. The Sichuan Provincial Department of Finance and Sichuan Provincial Development and Reform Commission have issued a notice (January 25, 2021) on the implementation of these fees in Sichuan Province. While the specific fee amounts are not detailed in the source, foreign founders should anticipate that requests beyond a certain volume or complexity may incur charges. It is advisable to check with the relevant agency for current fee schedules.

How to Request Government Information

The source indicates that the government has clarified the channels for submitting information disclosure applications. Foreign founders can typically submit requests through designated online portals, by mail, or in person at government offices. It is important to use the correct channels as specified by the agency to ensure timely processing. Additionally, the source includes interpretations on the subject of response and the delivery of decisions, which suggest that agencies must clearly identify themselves and provide written responses. For foreign founders, it may be helpful to engage local legal counsel to navigate the process, especially if language barriers exist.

Annual Reports and Transparency

Government agencies at all levels are required to publish annual reports on their information disclosure work. The Notice on the Format of Annual Reports standardizes the content and structure of these reports, which typically include statistics on requests received and processed, as well as any fees collected. Foreign founders can use these reports to understand the practices of specific agencies and to identify trends in information disclosure.

Practical Implications for Foreign Founders

Access to government information can help foreign founders in several ways:

• Regulatory Compliance – Understanding local regulations and policies that affect business operations.
• Due Diligence – Obtaining official documents for market research or partner verification.
• Dispute Resolution – Accessing information that may be relevant to legal or administrative proceedings.

However, foreign founders should note that not all government information is subject to disclosure. The regulation includes exceptions for state secrets, commercial secrets, personal privacy, and other sensitive matters. It is important to frame requests precisely and to be aware of the boundaries between information disclosure and general business inquiries, as clarified in the interpretations.

Conclusion

China's government information disclosure system provides a structured way for foreign founders to obtain official information. By understanding the key regulations, fee structures, and application procedures, foreign entrepreneurs can better navigate the system and support their business activities in China.

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 company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.