Published by ChinaMNC · Nanning

China Opens Government Records: New Rules Help Foreign Founders Navigate Company Registration

China's revised Government Information Disclosure Regulations give foreign founders clearer rights to access administrative records, making it easier to understand local requirements for company registration and operations.

What the New Rules Mean for Foreign Founders

China's State Council has revised its Government Information Disclosure Regulations, originally issued in 2007 and updated in 2019. While the regulations apply broadly to all citizens and organizations, they carry significant implications for foreign entrepreneurs setting up and running a company in China. The rules clarify what government information must be made public, how to request it, and what timelines agencies must follow. For foreign founders, this means greater transparency and a more predictable path to understanding local registration requirements, licensing procedures, and compliance obligations.

Key Takeaways for Your China Company Registration

• Disclosure is the default: Administrative agencies must operate on the principle that disclosure is the norm and non-disclosure is the exception. This increases the likelihood that you can obtain the information you need to plan your business.
• Proactive publication: Many types of government information—especially those affecting public interests or requiring broad public awareness—must be actively published, not just available upon request.
• Clear request process: You can apply for government information in writing (including by letter or electronic data message), and agencies must provide guidance if your request is unclear, with a 7-working-day window for one-time clarification.
• Strict timelines: Information that is subject to proactive disclosure must be published within 20 working days of its creation or change.
• Access points: Governments must set up reading rooms in national archives, public libraries, and government service venues, making it easier to consult records in person.

What Information Can You Access?

Government information is defined as information created or obtained by administrative agencies in the course of performing their administrative functions, and recorded or preserved in some form. For foreign founders, this can include regulations, policies, licensing requirements, and procedural guidelines that affect company registration and operations. However, certain information is exempt from disclosure:

• State secrets as defined by law;
• Information prohibited from disclosure by laws or administrative regulations;
• Information that, if disclosed, could endanger national security, public safety, economic security, or social stability;
• Information involving trade secrets or personal privacy that would harm the legitimate rights of third parties (unless the third party consents or non-disclosure would significantly affect the public interest);
• Process-related information such as discussion records, drafts, and internal correspondence, as well as administrative law enforcement case files (unless laws or regulations require disclosure).

If you are unsure whether certain information is available, you can still submit a request; agencies must review it and may consult relevant authorities if necessary.

How to Request Government Information

If you need specific information that is not proactively published, you can file a request. Here’s what foreign founders should know:

• Who to ask: Submit your request to the government information disclosure office of the relevant administrative agency. For local matters, this is typically the office of the local government or a department at or above the county level.
• Format: Requests should be in writing, including by letter or electronic data message. If writing is genuinely difficult, you can make an oral request, and the office will fill out the form for you.
• What to include: Be as specific as possible about the information you need. If your request is unclear, the agency will provide guidance and give you a one-time notice within 7 working days to supplement your request, specifying what needs to be clarified and a reasonable deadline. If you fail to supplement without justification, your request may be deemed abandoned.
• Response time: The response period starts from the day the agency receives your request (or your supplemented request). For mailed requests, the date of receipt is the date the agency signs for it; for ordinary mail without signature, the agency will confirm receipt with you on the same day.

For foreign founders, this process can be particularly useful when seeking clarification on local registration steps, required documents, or sector-specific licenses.

How Information Is Published

Governments are required to strengthen their online disclosure platforms. They must use a unified government information disclosure platform to centrally publish proactively disclosed information, and the platform should support search, viewing, and download functions. This means much of the information you need may be available online. Additionally, agencies must publish information through government gazettes, websites, other online government media, press conferences, newspapers, radio, and television.

For foreign founders, this online availability reduces the need for in-person visits and makes it easier to research requirements before arriving in China.

What This Means for Your China Company Registration

When registering a company in China, you will interact with various administrative agencies, such as the market regulation bureau, tax authorities, and local commerce departments. The revised regulations give you the right to request information about their procedures, requirements, and decisions. For example, you can request information on:

• The specific documents required for company registration;
• Local policies on foreign investment;
• Tax registration procedures;
• Licensing requirements for your industry;
• Land use and zoning regulations if you need physical premises.

Because agencies must proactively disclose information involving public interests, adjustments to public interests, or matters requiring broad public awareness, many policies relevant to business will be readily available. This transparency helps you plan your market entry and ensure compliance.

Practical Steps for Foreign Founders

• Check online first: Before making a request, search the relevant government websites and unified disclosure platforms. Many answers are already published.
• Be specific: When requesting information, clearly describe what you need to avoid delays.
• Use the formal channel: Submit requests to the government information disclosure office, not to individual officials.
• Keep records: Save copies of your requests and responses for your files.
• Seek local help: If language or procedural barriers exist, consider engaging a local consultant or lawyer who understands the system.

Conclusion

China's revised Government Information Disclosure Regulations enhance transparency and provide foreign founders with a formal mechanism to obtain information necessary for company registration and ongoing compliance. By understanding your rights and following the proper procedures, you can navigate the Chinese regulatory environment more confidently.

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.