Published by ChinaMNC · Jiangnan

China's Government Information Disclosure Rules: A Practical Guide for Foreign Founders

Understand how China's government information disclosure system works and what it means for foreign founders seeking transparency and regulatory compliance.

Why Government Information Disclosure Matters for Foreign Founders

When setting up or running a company in China, foreign founders often need access to government information—whether it's regulations, policies, or specific administrative decisions. China's Government Information Disclosure Regulations (revised in 2019) establish the framework for how government information is made available. Understanding these rules can help you navigate bureaucratic processes more effectively and ensure compliance.

This article summarizes key provisions of the regulations, focusing on what foreign founders need to know. It is based solely on the official text published by the Chinese government.

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 which is recorded and preserved in some form. This broad definition covers a wide range of documents, from policy notices to administrative approvals.

For foreign founders, this means that many documents relevant to business operations—such as industry regulations, licensing procedures, and local implementation rules—are considered government information and may be subject to disclosure.

Key Principles: Disclosure as the Norm

The regulations establish that disclosure is the default, and non-disclosure is the exception. Administrative organs must adhere to principles of fairness, justice, legality, and convenience. They are also required to clarify false or incomplete information that may affect social stability or economic order.

This principle is important for foreign founders because it signals a commitment to transparency. If you encounter unclear or conflicting information, you have the right to seek clarification from the relevant authorities.

Proactive Disclosure: What Government Bodies Must Publish

Certain types of government information must be proactively disclosed. This includes information that affects public interests, requires broad public awareness, or needs public participation in decision-making. Local governments at the city and county levels are also required to proactively disclose information related to municipal construction, public services, land requisition, housing demolition, public security management, and social assistance, among others.

For foreign founders, proactive disclosure means that a significant amount of regulatory and policy information should be readily available on government websites and other platforms without the need for a formal request. This can be particularly useful when researching local regulations or understanding zoning or land use policies.

How to Request Government Information

If the information you need is not proactively disclosed, you can file a request. The regulations outline the process:

• Who can request: Citizens, legal persons, and other organizations (including foreign-invested enterprises) may request government information from local governments and departments at or above the county level that perform administrative functions in their own name.
• How to request: Requests should be submitted in writing to the government information disclosure office. Written requests can be made via letter or electronic data message. If writing is difficult, oral requests are allowed, and the office will fill out the request form on your behalf.
• What to include: The request should clearly describe the information needed. If the request is unclear, the authority will provide guidance and may ask for supplemental details within 7 working days.
• Response time: For proactively disclosed information, it should be published within 20 working days from the date it is formed or changed. For requested information, the response time is generally 20 working days, but may be extended under certain circumstances.

Foreign founders should note that requests must be made to the correct authority. The regulations specify that information created by an administrative organ is the responsibility of that organ to disclose. Information obtained from citizens, legal persons, or other organizations is the responsibility of the organ that preserves it. If the information involves multiple organs, coordination is required to ensure accuracy and consistency.

What Information Is Not Disclosed?

Not all government information is available. The regulations list several categories of information that are not disclosed:

• State secrets: Information determined to be a state secret according to law.
• Information prohibited by law: Information that laws and administrative regulations prohibit from being disclosed.
• Information that may harm security: Information that, if disclosed, could endanger national security, public security, economic security, or social stability.
• Commercial secrets and personal privacy: Information involving commercial secrets or personal privacy that would harm the legitimate rights of third parties. However, such information may be disclosed if the third party consents or if non-disclosure would significantly affect the public interest.
• Process information: Discussion records, drafts, correspondence, and request reports formed during administrative functions, as well as administrative law enforcement case files, may be withheld unless laws or regulations require disclosure.

Foreign founders should be aware that business information you submit to the government may be protected as a commercial secret, but it could also be disclosed if it is deemed necessary for public interest. It's advisable to clearly mark confidential information when submitting documents.

How to Access Information: Channels and Platforms

Government information is made available through various channels:

• Government websites: Governments at all levels are required to strengthen disclosure through their portals and use unified platforms for proactive disclosure. These platforms should have search, review, and download functions.
• Government gazettes, press conferences, and media: Information may also be published through official gazettes, press conferences, newspapers, radio, and television.
• Public reading venues: Governments must set up reading places in national archives, public libraries, and government service centers, with facilities for the public to access information.

For foreign founders, the most accessible channel is often the government website. Many local governments have dedicated portals for foreign investment and business regulations. If you need assistance, you can visit government service centers, which often have information desks.

Practical Tips for Foreign Founders

• Check official websites first: Before making a request, see if the information is already published. Proactive disclosure covers a lot of ground.
• Be specific in requests: Clearly describe the information you need to avoid delays.
• Use the correct authority: Ensure you are requesting from the government body that created or holds the information.
• Keep records: Keep copies of your requests and responses for your files.
• Seek professional advice: If you are unsure about the process, consider consulting with legal or business advisors who specialize in China regulations.

Conclusion

China's Government Information Disclosure Regulations provide a structured way for foreign founders to access government information. While not all information is available, the default principle of disclosure and the established request process can help you obtain the information needed to make informed business decisions. Understanding these rules can also help you anticipate what information is publicly available and how to engage with authorities effectively.

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.