Published by ChinaMNC · Rencheng

China's Government Information Disclosure Framework: What Foreign Founders Need to Know

A practical overview of China's government information disclosure rules, based on official State Council documents, to help foreign founders understand transparency obligations and access to information when operating a company in China.

Understanding Government Information Disclosure in China

For foreign founders establishing or running a company in China, understanding how government information is disclosed and accessed is essential for compliance and informed decision-making. The Chinese government has issued a series of regulations and notices that govern the disclosure of government information. This article summarizes key documents from the State Council and its Government Information and Openness Office, providing practical guidance for foreign entrepreneurs.

Key Regulations and Notices

The following official documents form the backbone of China's government information disclosure framework:

• Guobanfa [2020] No. 50 (December 21, 2020): Notice on the Measures for Formulating Regulations on Information Disclosure of Public Enterprises and Institutions.
• Guobanhan [2020] No. 109 (December 2, 2020): Notice on the Measures for Managing Information Processing Fees for Government Information Disclosure.
• Guoban Kaibanhan [2021] No. 33 (October 29, 2021): Notice on Ensuring Centralized Disclosure and Dynamic Updates of Regulations.
• Guoban Kaibanhan [2021] No. 30 (September 29, 2021): Notice on Issuing the Format for Annual Reports on Government Information Disclosure.
• Regulations of the People's Republic of China on the Disclosure of Government Information (September 14, 2019).

Additionally, several interpretative documents from the State Council's Government Information and Openness Office address specific issues:

• Forwarding the Jiangsu Province Government Information Disclosure Application Handling and Response Specifications (February 4, 2020).
• Notice on Regulating Matters Related to Government Information Disclosure Platforms (December 3, 2019).
• Explanation on Handling Government Information Disclosure Applications After Institutional Reform (February 11, 2019).
• Explanation on Issues Concerning Channels for Receiving Government Information Disclosure Applications (October 24, 2017).
• Explanation on Issues Concerning the Subject of Responses to Government Information Disclosure Applications (October 24, 2017).
• Explanation on Issues Concerning Time Limits for Government Information Disclosure (October 24, 2017).
• Explanation on Issues Concerning the Filling of Items in Annual Reports on Government Information Disclosure (October 24,2017).
• Explanation on Issues Concerning the Delivery of Decisions on Government Information Disclosure (October 24, 2017).
• Explanation on Clarifying the Boundary Between Government Information Disclosure and Business Inquiry Matters (October 24, 2017).

Practical Implications for Foreign Founders

These regulations and notices establish a structured approach to government information disclosure. For foreign founders, this means:

• Transparency in Public Enterprises and Institutions: The measures for public enterprises and institutions require these entities to disclose information, which can be relevant when interacting with state-owned or public service providers.
• Fee Management: The processing fee measures clarify how fees for information disclosure requests are managed, helping founders anticipate potential costs when requesting government information.
• Centralized and Updated Regulations: The notice on centralized disclosure ensures that regulations are easily accessible and up-to-date, aiding compliance efforts.
• Annual Reporting: The format for annual reports provides a standardized way to understand what information government agencies disclose each year.
• Application Procedures: The interpretative documents clarify how to submit information disclosure applications, who responds, timelines, and the distinction between information disclosure and general business inquiries.

How to Access Government Information

Foreign founders may need to access government information for various purposes, such as understanding regulations, verifying permits, or researching market conditions. The framework outlines the following practical steps:

• Identify the Correct Channel: Use official government information disclosure platforms. The notice on regulating platforms ensures these are standardized.
• Submit an Application: Follow the procedures outlined in the regulations and interpretative documents. Be clear about the information sought.
• Understand Response Timelines: The explanation on time limits clarifies how long agencies have to respond.
• Pay Applicable Fees: If fees apply, they are governed by the processing fee measures.
• Appeal if Necessary: The explanation on delivery of decisions outlines how decisions are communicated.

Conclusion

China's government information disclosure framework provides foreign founders with a structured way to access information and understand regulatory requirements. By familiarizing themselves with these documents, entrepreneurs can navigate the system more effectively and ensure compliance. This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.