Published by ChinaMNC · Xixiangtang

What Foreign Founders Need to Know About China’s Government Information Disclosure Rules

A practical guide for foreign entrepreneurs on China’s Government Information Disclosure Regulations, covering what information is public, how to request it, and key compliance points for company registration and operations.

Why Government Information Disclosure Matters for Foreign Founders

When setting up or running a company in China, foreign founders often need official information—from local regulations to land use plans. China’s Government Information Disclosure Regulations (revised in 2019) set the framework for how government information is made available. Understanding these rules helps you navigate bureaucracy more efficiently and avoid compliance pitfalls.

What Counts as “Government Information”?

Under the regulations, government information refers to information that administrative agencies create or obtain while performing their administrative functions, and that is recorded and stored in some form. This includes documents, data, and records produced during routine administration. As a foreign founder, you may find such information useful for market research, site selection, or understanding local policies.

Who Is Responsible for Disclosure?

Each administrative agency is responsible for disclosing the information it creates. If an agency obtains information from citizens, legal persons, or other organizations, that agency is responsible for disclosure. If an agency obtains information from another agency, the agency that created or first obtained the information is responsible. This means you should direct your requests to the correct authority.

Key Principles: Disclosure Is the Default

The regulations establish that disclosure is the norm and non-disclosure is the exception. Agencies must follow principles of fairness, equity, legality, and convenience. They are also required to clarify false or incomplete information that may affect social stability or economic order. For foreign founders, this principle means you can generally expect transparency unless specific exemptions apply.

What Information Must Be Proactively Disclosed?

Certain types of information must be actively disclosed without a request. This includes information that affects public interests, requires broad public awareness, or needs public participation in decision-making. Additionally, local governments at the city and county levels must proactively disclose information related to:

• Municipal construction
• Public services
• Public welfare projects
• Land expropriation
• Housing expropriation
• Public security management
• Social assistance

For foreign founders, this proactive disclosure can provide useful context for business planning, especially regarding land use and public services.

How to Request Government Information

If the information you need is 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: Requests should be made in writing to the agency’s government information disclosure office. Written requests can be submitted by letter or electronic data message. If writing is difficult, you can make an oral request, and the office will fill out the form for you.
• What to include: The request should clearly describe the information sought. If the request is unclear, the agency will provide guidance and may ask you to supplement it within 7 working days. The response period starts from when the supplemented request is received.
• Response time: For proactively disclosed information, agencies must publish it within 20 working days from the date the information is formed or changed, unless other laws or regulations specify a different period.

Mailing and Confirmation

If you submit a request by mail, the date the agency signs for it is considered the date of receipt. For ordinary mail that does not require a signature, the disclosure office will confirm receipt with you on the day it receives the request, and that confirmation date is the date of receipt. This is important for tracking response deadlines.

Exemptions: What Cannot Be Disclosed

Not all information is available. Agencies must withhold information that:

• Is classified as a state secret according to law
• Is prohibited from disclosure by laws or administrative regulations
• Could endanger national security, public security, economic security, or social stability if disclosed
• Involves trade secrets or personal privacy, and disclosure would harm the legitimate rights of third parties (unless the third party consents or non-disclosure would significantly affect public interest)

Additionally, agencies may withhold internal process information (such as discussion records, drafts, and consultation letters) and administrative law enforcement case files, unless laws or regulations require disclosure.

How Information Is Published

Proactively disclosed information is made available through various channels, including government gazettes, government websites, other online government media, press conferences, newspapers, radio, and television. Governments are also required to strengthen online disclosure platforms, integrate them with government service platforms, and improve online processing. Reading rooms are set up in national archives, public libraries, and government service centers for public access.

Practical Tips for Foreign Founders

• Identify the right agency: Determine which agency created or holds the information you need. For company registration, the local market supervision administration is typically the relevant body.
• Check proactive disclosure first: Many local governments publish information on their websites. Look for the government information disclosure section.
• Submit a clear request: Be specific about the information you seek to avoid delays. Use the prescribed form if available.
• Keep records: Note the date you submit your request and any confirmation of receipt, as these affect response deadlines.
• Be aware of exemptions: Understand that some information may be withheld, especially if it involves state secrets or third-party rights.

Conclusion

China’s Government Information Disclosure Regulations provide a structured way for foreign founders to access official information. By understanding what is publicly available and how to request it, you can make more informed decisions when establishing and operating your business in China. Always ensure your requests are targeted and compliant with the procedures outlined.

Need assistance? Foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535 for help registering and operating a 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.