Published by ChinaMNC · Longan
China's Open Government Information Rules: What Foreign Founders Need to Know
A practical guide for foreign founders on China's Government Information Disclosure Regulations, covering how to request government information, what is publicly available, and key compliance points for company registration and operations.
Why Government Information Matters for Foreign Founders
When setting up or running a company in China, access to official government information can help you understand local regulations, verify policies, and navigate administrative processes. China's Government Information Disclosure Regulations (revised in 2019) set out how government information is made public and how individuals and organizations—including foreign founders—can request it. This article summarizes the key provisions relevant to foreign entrepreneurs.
What Counts as Government Information?
Under the regulations, “government information” refers to information that administrative organs create or obtain while performing their administrative functions, and that is recorded or stored in some form. This can include rules, policies, approvals, and other documents produced by government agencies.
Who Handles Disclosure?
Local government offices at or above the county level are the main authorities responsible for promoting, guiding, coordinating, and supervising government information disclosure in their areas. Each administrative organ must establish its own disclosure system and designate a specific office to handle day-to-day disclosure work.
Key Principles: Disclosure Is the Norm
Administrative organs are required to treat disclosure as the default and non-disclosure as the exception. They must follow principles of fairness, impartiality, legality, and convenience. If false or incomplete information that may affect social stability or disrupt economic order is discovered, authorities must release accurate information to clarify.
What Information Is Publicly Available?
Governments must proactively disclose information that affects public interests, that the public needs to know, or that requires public participation in decision-making. For city and county governments, this includes information on:
- Municipal construction
- Public services
- Public welfare projects
- Land expropriation
- Housing expropriation
- Public security management
- Social assistance
This proactive disclosure helps foreign founders understand local policies and conditions.
How to Request Government Information
If you need specific information not proactively disclosed, you can file a request. Here’s what to know:
Who Can Request?
Citizens, legal persons, and other organizations—including foreign-invested enterprises—can request government information from local governments and departments that perform administrative functions.
How to Submit a Request?
Requests should be submitted in writing (including letters or electronic data messages) to the government information disclosure office. If writing is difficult, you can make an oral request, and the office will fill out the form for you.
What Happens If Your Request Is Unclear?
If your request is ambiguous, the authority will provide guidance and may ask you to clarify within 7 working days. The response time is calculated from when the clarified request is received. If you fail to clarify without justified reason, the request may be considered abandoned.
Response Time
For proactively disclosed information, authorities must release it within 20 working days from the date it is formed or changed, unless other laws specify otherwise. For requests, authorities must respond within a certain period (not specified in the excerpt but generally 20 working days).
What Information Is Not Disclosed?
Some information is exempt from disclosure:
- State secrets as defined by law
- Information prohibited from disclosure by laws or administrative regulations
- Information that could endanger national security, public safety, economic security, or social stability if disclosed
- Information involving trade secrets or personal privacy that would harm third-party rights (unless the third party consents or non-disclosure would significantly affect public interest)
- Process-related information such as discussion records, drafts, and internal correspondence
Authorities must review information before disclosure to ensure it does not violate secrecy laws.
How Information Is Published
Proactively disclosed information is published through government gazettes, websites, press conferences, newspapers, and other media. Governments must also set up reading rooms in archives, public libraries, and government service centers where you can access information. Online platforms should allow searching, viewing, and downloading of information.
Practical Tips for Foreign Founders
- Check government websites first: Many policies and regulations are proactively published on government portals. Look for the “Government Information Disclosure” section.
- Be specific in requests: Clearly describe the information you need to avoid delays. If unsure, ask the disclosure office for guidance.
- Use the right channel: Submit written requests to the designated disclosure office. Keep records of submission and responses.
- Understand exemptions: Be aware that some information (e.g., trade secrets, state secrets) cannot be disclosed. Plan accordingly.
- Leverage local resources: Visit government reading rooms or use online platforms to access information that is already public.
Conclusion
China's government information disclosure system provides foreign founders with a way to access official information that can inform business decisions. By understanding the rules and following proper procedures, you can obtain useful information for registering and operating your company 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.