Published by ChinaMNC · Nanning

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

A practical guide for foreign entrepreneurs on China's Government Information Disclosure Regulations, covering how to access government information, what is publicly available, and how to request documents relevant to 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 policies. China's Regulations on the Disclosure of Government Information (promulgated in 2007 and revised in 2019) set the framework for how government information is made available. Understanding these rules can help you navigate administrative processes more efficiently.

What Counts as Government Information?

The regulations define government information as information produced or obtained by administrative organs in the course of performing their administrative functions, and recorded or stored in a certain form. This includes documents, data, and records created by government bodies at all levels.

Key Principles: Disclosure as the Norm

Administrative organs must adhere to the principle of “disclosure as the norm, non-disclosure as the exception.” They are required to follow principles of fairness, justice, legality, and convenience. If false or incomplete information that may affect social stability or disrupt economic order is discovered, authorities must release accurate information to clarify.

Who Is Responsible for Disclosure?

• Producing organ: Government information created by an administrative organ is disclosed by that organ.
• Obtaining organ: Information obtained from citizens, legal persons, or other organizations is disclosed by the organ that stores it.
• Other organs' information: If an organ obtains information from another administrative organ, the organ that produced or initially obtained it is responsible for disclosure.

Departments and internal units established by an administrative organ that perform administrative functions in their own name may also handle disclosure related to those functions.

What Information Is Publicly Available?

Administrative organs must proactively disclose information that involves adjustment of public interests, requires broad public awareness, or needs public participation in decision-making. For city- and county-level governments, this includes information on:

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

Township-level governments must also disclose information on agriculture and rural policies, irrigation projects, rural land contracting, homestead use, and more.

What Information Is Not Disclosed?

Certain information is exempt from disclosure:

• Information determined to be state secrets according to law.
• Information whose disclosure is prohibited by laws or administrative regulations.
• Information that 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 public interest.

Additionally, process-related information (such as discussion records, drafts, correspondence, and reports) and administrative law enforcement case files may be withheld, unless laws or regulations require disclosure.

How to Request Government Information

Besides proactively disclosed information, citizens, legal persons, and other organizations can apply for access to government information. Here's how:

• Where to apply: Submit your request to the government information disclosure office of the relevant administrative organ.
• Format: Requests should be in writing, including letters or electronic data messages. If writing is genuinely difficult, you may make an oral request, and the office will fill out the application form for you.
• Clarity: If your request is unclear, the organ will provide guidance and notify you within 7 working days to supplement the request, specifying what needs to be corrected and a reasonable deadline. The response period starts from the date the corrected application is received. If you fail to supplement without justification, the application is considered withdrawn.
• Receipt date: For mailed applications, the date of receipt is the date the organ signs for it. For ordinary mail without signature, the office will confirm with you on the day of receipt, and that confirmation date counts as the receipt date.

Timelines and Access Points

For information that falls under proactive disclosure, it must be made public within 20 working days from the date it is formed or changed, unless other laws or regulations specify a different period.

Governments must also set up reading rooms in national archives, public libraries, and government service centers, equipped with facilities to facilitate access. Online, a unified government information disclosure platform should provide search, viewing, and download functions.

Practical Takeaways for Foreign Founders

• Check proactive disclosures first: Many policies relevant to business—such as land use, public services, and social assistance—are published on government websites and portals.
• Use the request process if needed: If you need specific documents not proactively disclosed, file a written request with the relevant government information disclosure office.
• Be precise: Clearly describe the information you seek to avoid delays or rejection.
• Know the limits: Understand that certain information (like state secrets, trade secrets, and process documents) may not be available.

Navigating China's regulatory environment can be complex. For personalized assistance with company registration and operations, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.

This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.