Published by ChinaMNC · Wenshang

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

A practical overview of China's government information disclosure regulations, including key policy documents and their implications for foreign founders operating a company in China.

Why Government Information Disclosure Matters for Foreign Founders

For foreign founders setting up or running a company in China, understanding how government information is disclosed and accessed is more than a matter of curiosity—it is a practical necessity. Whether you need to verify regulations, respond to a regulatory inquiry, or simply stay informed about policy changes, knowing the framework for government information disclosure can save time and reduce compliance risk. The Chinese government has established a series of rules and guidelines that govern how administrative information is made public and how citizens and organizations can request information. This article summarizes key documents published by the State Council General Office and its Government Information and Openness Office, as listed on the Jining Municipal Government website, and explains their relevance to foreign founders.

Key Policy Documents on Government Information Disclosure

The following documents, issued between 2017 and 2021, form part of the regulatory basis for government information disclosure in China. Each is identified by its official document number and title, as published.

2020 and 2021 Notices

• Guobanfa [2020] No. 50 – Notice on the Measures for Formulating Regulations on Information Disclosure by Public Enterprises and Institutions (issued December 21, 2020).
• Guobanhan [2020] No. 109 – Notice on the Measures for Managing Information Processing Fees in Government Information Disclosure (issued December 2, 2020).
• Guobanbangongkaihan [2021] No. 33 – Notice on Improving the Centralized Disclosure and Dynamic Updating of Regulations (issued October 29, 2021).
• Guobanbangongkaihan [2021] No. 30 – Notice on Issuing the Format for Annual Reports on Government Information Disclosure Work (issued September 29, 2021).

2019 and 2020 Documents

• Regulations of the People's Republic of China on Government Information Disclosure (dated September 14, 2019). This is the core regulation governing access to government information.
• Guobanbangongkaihan [2020] No. 4 – Letter on Transmitting the “Norms for Handling and Responding to Government Information Disclosure Applications in Jiangsu Province” (issued February 4, 2020).
• Guobanbangongkaihan [2019] No. 3 – Notice on Standardizing Matters Relating to Government Information Disclosure Platforms (issued December 3, 2019).

2017 Interpretations

In 2017, the Government Information and Openness Office issued a series of interpretations clarifying specific aspects of the disclosure process. All were issued on October 24, 2017:

• Interpretation on Issues Concerning the Handling of Government Information Disclosure Applications After Institutional Reform (issued February 11, 2019, though listed among the 2017 series).
• Interpretation on Issues Concerning Channels for Receiving Government Information Disclosure Applications.
• Interpretation on Issues Concerning the Subject of Replies to Government Information Disclosure Applications.
• Interpretation on Issues Concerning Time Limits for Government Information Disclosure.
• Interpretation on Issues Concerning the Completion of Items in Annual Reports on Government Information Disclosure.
• Interpretation on Issues Concerning the Delivery of Decisions on Government Information Disclosure.
• Interpretation on Issues Concerning the Boundary Between Government Information Disclosure and Business Inquiry Matters.

What These Rules Mean for Foreign Founders

These documents collectively establish the procedures and standards for obtaining government information in China. For foreign founders, the key takeaways are:

• Right to request information: The Regulations on Government Information Disclosure provide a legal basis for individuals and organizations to request government information, subject to certain exceptions.
• Clear procedures: The interpretations clarify how applications should be submitted, who should respond, and within what timeframes.
• Fee management: The 2020 measures on information processing fees set rules for charges that may apply to information requests, promoting transparency.
• Platform standards: The 2019 notice on disclosure platforms aims to make government information more accessible and standardized across different agencies.
• Annual reporting: The 2021 format for annual reports ensures that agencies regularly disclose their information disclosure activities, which can be useful for monitoring compliance and policy trends.

Foreign founders should be aware that while the national framework sets the overall structure, local governments (such as the Jining Municipal Government) may have their own implementation details. It is advisable to consult local regulations and, when necessary, seek professional advice to navigate specific information requests.

Practical Steps for Foreign Founders

If you need to access government information related to your business operations in China, consider the following steps:

• Identify the relevant agency: Determine which government body holds the information you need. This could be the local market supervision bureau, tax authority, or other administrative department.
• Check published information first: Many agencies proactively disclose information on their websites. Review these sources before making a formal request.
• Submit a written request: If the information is not publicly available, you can file a government information disclosure application. The interpretations clarify the accepted channels and required contents.
• Be mindful of fees and timelines: Understand that processing fees may apply and that agencies are required to respond within specified time limits.
• Keep records: Maintain copies of your requests and responses for your files.

These steps can help you obtain the information needed to make informed decisions about your company's operations in China.

Conclusion

China's government information disclosure framework is designed to enhance transparency and facilitate access to administrative information. For foreign founders, a basic understanding of these rules can support compliance and informed decision-making. The documents summarized here are part of that framework and are publicly available. As with any regulatory matter, it is wise to consult with local experts to ensure you follow the correct procedures.

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.