Published by ChinaMNC · Liangshan

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

A practical overview of China’s government information disclosure framework, based on publicly listed regulations and official notices, for foreign entrepreneurs setting up or operating a company in China.

Why Government Information Disclosure Matters for Foreign Founders

When registering or running a company in China, foreign founders often need official information from government agencies—whether to understand regulatory requirements, check policy updates, or request specific documents. China has a formal system of government information disclosure that defines how agencies publish information and how the public, including foreign investors, can request it. The sources summarized here are official notices and regulations published on a Chinese government website, and they outline the key rules and procedures.

This article explains the framework in plain English for foreign founders. It covers the main regulations, the rules for handling information requests, fees, annual reporting, and the limits of the disclosure system. It is general information only and not legal advice.

Key Regulations and Notices

The following official documents form the core of the government information disclosure system:

• Regulation of the People’s Republic of China on Open Government Information (published September 14, 2019). This is the primary regulation governing the disclosure of government information.
• General Office of the State Council Notice No. 50 [2020] (December 21, 2020): Measures for Formulating Rules on Information Disclosure by Public Enterprises and Institutions.
• General Office of the State Council Letter No. 109 [2020] (December 2, 2020): Measures for Managing Fees for Handling Government Information Disclosure.
• General Office of the State Council Government Information and Openness Office Letter No. 33 [2021] (October 29, 2021): Notice on the Centralized Disclosure and Dynamic Updating of Rules and Regulations.
• General Office of the State Council Government Information and Openness Office Letter No. 30 [2021] (September 29, 2021): Notice on the Format of Annual Reports on Government Information Disclosure.
• Letter transposing Jiangsu Province’s Standards for Handling and Replying to Government Information Disclosure Applications (February 4, 2020).
• Notice on Regulating Government Information Disclosure Platforms (December 3, 2019).
• Interpretations on various issues (2017–2019) covering: handling applications after institutional reform, channels for receiving applications, the proper respondent to applications, time limits, annual report items, delivery of decision notices, and the boundary between information disclosure and general business inquiries.

How Foreign Founders Can Request Government Information

Foreign founders may need to request government information for compliance, due diligence, or to understand local policies. The official interpretations clarify several practical points:

• Channels for submission: Applications must be submitted through the channels designated by the agency. The interpretation on receiving channels (2017) clarifies what those channels are.
• Who responds: The interpretation on the respondent (2017) explains which agency is responsible for answering a request, which is important when multiple agencies are involved.
• Time limits: The interpretation on time limits (2017) sets out the periods within which agencies must respond.
• Delivery of decisions: The interpretation on delivery (2017) explains how decision notices are served.
• Boundary with business inquiries: The interpretation on the boundary (2017) clarifies that information disclosure requests are not the same as general business inquiries; founders should use the correct channel for each.
• After institutional reform: The 2019 interpretation addresses how applications are handled when government agencies are restructured.

These interpretations are official guidance and can help foreign founders avoid common mistakes, such as sending a request to the wrong agency or using the wrong procedure.

Fees for Information Disclosure

While the disclosure system is designed to be accessible, the 2020 measures on fees allow agencies to charge for handling requests in certain circumstances. The exact fee schedule is not detailed in the source, but founders should be aware that fees may apply, especially for requests that require significant resources. It is advisable to check with the relevant agency before submitting a large or complex request.

Annual Reporting and Platform Rules

Government agencies are required to publish annual reports on their information disclosure work. The 2021 notice on the format of annual reports sets out what those reports must contain, which can help founders understand what information is routinely available. The 2019 notice on platforms regulates how agencies publish information online, aiming to make it easier for users to find official information.

For foreign founders, these rules mean that official information should be available through standardized channels, and annual reports can provide a useful overview of what each agency discloses.

Practical Takeaways for Foreign Founders

• Know the primary regulation: The 2019 Regulation on Open Government Information is the foundation. Familiarize yourself with its basic principles.
• Use the right channel: Submit information requests through the channels designated by the agency, and do not confuse them with general business inquiries.
• Be aware of time limits and fees: Agencies must respond within set periods, but fees may apply for handling requests.
• Check annual reports: These reports can give you a sense of what information is routinely published and may answer common questions.
• Consult official interpretations: The series of interpretations from 2017 to 2019 provide detailed guidance on common issues.

Remember that while government information disclosure is a useful tool, it is not a substitute for legal or professional advice. Always verify information with the relevant authorities and consider engaging local counsel for complex matters.

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