Published by ChinaMNC · Guangan

Navigating China’s Government Information Disclosure System: A Practical Guide for Foreign Founders

A concise overview of China’s government information disclosure framework, including key regulations and annual reporting requirements, tailored for foreign entrepreneurs establishing or operating a business in China.

Understanding Government Information Disclosure in China

For foreign founders setting up a company in China, access to reliable government information is essential for compliance and strategic planning. China’s government information disclosure system, governed by the Regulations on the Disclosure of Government Information of the People’s Republic of China (effective April 15, 2019), provides a structured framework for obtaining official documents and data. This article summarizes key aspects of the system based on information published on the Chinese government’s official website.

Key Regulations and Notices

The State Council General Office and its Government Information and Openness Office have issued several notices to clarify and implement the disclosure system. These include:

• Measures for the Management of Information Processing Fees for Government Information Disclosure (December 1, 2020) – outlines fee structures for processing information requests.
• Guiding Opinions on Issues Concerning the Trial of Administrative Reconsideration Cases Involving Government Information Disclosure (January 4, 2022) – provides judicial guidance on disputes.
• Notice on the Centralized Disclosure and Dynamic Updating of Regulations (October 29, 2021) – requires timely publication of regulatory documents.
• Format for Annual Reports on Government Information Disclosure (September 29, 2021) – standardizes reporting templates.
• Notice on Standardizing Government Information Disclosure Platforms (December 3, 2019) – sets technical and content standards for official portals.

Additionally, interpretations have been issued on various procedural matters, such as handling information requests after institutional reforms (February 11, 2019), reception channels for requests (October 24, 2017), and the distinction between information disclosure and business inquiries (October 24, 2017). These clarifications help foreign founders understand how to properly request information and what to expect.

National and Specialized Plans

The government portal provides access to national economic and social development plans, including the 15th Five-Year Plan and previous plans dating back to the 10th Five-Year Plan. Specialized plans are also available, such as those for intellectual property protection and utilization, national fitness, expanding consumption, national health, and the revitalization of traditional Chinese medicine. These plans can offer foreign founders insights into priority sectors and regulatory trends.

Local development plans for all provinces, autonomous regions, and municipalities are also listed, enabling founders to assess regional opportunities and incentives.

Annual Reports on Government Information Disclosure

Government agencies at various levels are required to publish annual reports on information disclosure. The portal aggregates reports from:

• Provincial-level governments (e.g., Beijing, Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Jiangxi, Shandong, Henan, Hubei, Hunan, Guangdong, Guangxi, Hainan, Chongqing, Sichuan, Guizhou, Yunnan, Tibet, Shaanxi, Gansu, Qinghai, Ningxia, Xinjiang).
• Vertically managed systems such as the People’s Bank of China, Customs, Taxation, Financial Regulatory Bureau, Securities Regulatory Commission, Meteorological Administration, Grain and Strategic Reserves, Tobacco Monopoly, Railway Administration, Civil Aviation, Postal Service, Mining Safety, Fire Rescue, and Foreign Exchange Administration.
• State Council departments including the Ministry of Foreign Affairs, National Development and Reform Commission, Ministry of Education, Ministry of Science and Technology, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Civil Affairs, Ministry of Justice, Ministry of Finance, Ministry of Human Resources and Social Security, Ministry of Natural Resources, Ministry of Ecology and Environment, Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Water Resources, Ministry of Agriculture and Rural Affairs, Ministry of Commerce, Ministry of Culture and Tourism, National Health Commission, Ministry of Veterans Affairs, Ministry of Emergency Management, People’s Bank of China, National Audit Office, State-owned Assets Supervision and Administration Commission, General Administration of Customs, State Taxation Administration, State Administration for Market Regulation, National Financial Regulatory Administration, China Securities Regulatory Commission, National Radio and Television Administration, General Administration of Sport, National Public Complaints and Proposals Administration, National Bureau of Statistics, National Intellectual Property Administration, China International Development Cooperation Agency, National Healthcare Security Administration, National Government Offices Administration, National Press and Publication Administration, National Copyright Administration, China Meteorological Administration, National Food and Strategic Reserves Administration, National Energy Administration, National Data Administration, State Administration of Science, Technology and Industry for National Defense, State Tobacco Monopoly Administration, National Immigration Administration, National Forestry and Grassland Administration, National Railway Administration, Civil Aviation Administration of China, State Post Bureau, National Cultural Heritage Administration, National Administration of Traditional Chinese Medicine, National Disease Control and Prevention Administration, National Mine Safety Administration, National Fire and Rescue Administration, State Administration of Foreign Exchange, National Medical Products Administration, National Civil Service Bureau, National Archives Administration, National Administration of State Secrets Protection, China Film Administration, and China Earthquake Administration.

These annual reports, available for years 2020 through 2025, provide transparency on how government bodies handle information disclosure requests and fulfill their obligations. For foreign founders, reviewing these reports can help identify trends in regulatory transparency and areas where information might be more readily available.

Practical Implications for Foreign Founders

When establishing or operating a company in China, foreign founders may need to access government information for various purposes, such as understanding licensing requirements, local incentives, or compliance obligations. The disclosure system allows individuals and organizations to request information from government agencies. Key points to note:

• Request channels: Information requests can be submitted through designated channels, as clarified in the 2017 interpretation. Ensure you use the correct method for the agency you are contacting.
• Fees: Processing fees may apply for certain requests, as outlined in the 2020 measures. Budget accordingly.
• Scope: The system distinguishes between government information disclosure and general business inquiries. Requests should be specific to existing government documents rather than asking for interpretations or new analyses.
• Annual reports: These reports can be a useful resource to understand how agencies have responded to past requests and their level of transparency.

By leveraging the government information disclosure system, foreign founders can make more informed decisions and ensure compliance with Chinese regulations. However, it is advisable to consult legal professionals for specific guidance.

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