Published by ChinaMNC · Wenjiang

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

Recent notices from China's State Council and Sichuan province clarify how government information is disclosed, including fees and procedures. For foreign founders, these rules affect access to regulations and compliance documents needed for company registration and operations.

Key Takeaways for Foreign Founders

• Information access is formalized: China's State Council has issued a series of notices standardizing government information disclosure, including annual report formats and platform rules. This means foreign founders can expect more consistent access to regulations and policy documents.
• Fees may apply for information requests: A 2020 notice introduced measures for charging information processing fees, and Sichuan province followed with local fee provisions in 2021. Foreign founders requesting large volumes of government information should be aware that fees may apply.
• Clear channels for requests: Notices clarify how to submit information disclosure requests and how responses are handled, which can help foreign founders obtain necessary documents for registration or compliance.
• Distinction between disclosure and business queries: A notice clarifies the boundary between government information disclosure and general business inquiries, helping founders know where to direct questions.

These developments are part of China's ongoing efforts to increase government transparency. For foreign founders, understanding these rules can streamline interactions with authorities when setting up and running a company in China.

What the Recent Notices Cover

The source lists several notices from the State Council General Office and its Government Information and Openness Office. These include:

• Annual report format: A 2021 notice standardizes the format for annual reports on government information disclosure. This affects how government agencies report on their disclosure activities, which can indirectly impact the information available to the public.
• Platform specifications: A 2019 notice regulates government information disclosure platforms, aiming to make information more accessible and organized.
• Handling of applications after institutional reforms: A 2019 interpretation addresses how information disclosure applications are processed following government restructuring, ensuring continuity.
• Receiving channels for applications: A 2017 interpretation clarifies the channels through which information disclosure requests can be received, which is useful for founders unsure how to submit requests.
• Response subject: A 2017 interpretation addresses which government body is responsible for responding to information disclosure requests, reducing confusion.
• Annual report filing: A 2017 interpretation provides guidance on filling out annual report items, promoting consistency.
• Delivery of decisions: A 2017 interpretation clarifies how decisions on information disclosure are delivered.
• Boundary with business queries: A 2017 interpretation distinguishes between government information disclosure and general business inquiries, helping founders route their questions correctly.

Additionally, a 2020 notice from the State Council General Office introduced measures for managing information processing fees, and a 2021 notice from Sichuan's Finance Department and Development and Reform Commission addressed local fee matters. These fee provisions are relevant if founders request information that requires significant processing.

Implications for Company Registration and Operations

For foreign founders, these rules mean that obtaining official documents—such as regulations, policy interpretations, or registration requirements—can be done through formal information disclosure requests. However, it's important to note:

• Fees may apply: If a request involves substantial processing, fees may be charged according to the published measures. Founders should factor this into their planning.
• Use correct channels: Submitting requests through the proper channels, as clarified in the notices, can speed up responses.
• Know the difference: Not all questions are information disclosure requests; some are business queries. Understanding the distinction can save time.

While these notices are procedural, they contribute to a more predictable environment for accessing the information needed to register and operate a company. Foreign founders should familiarize themselves with these procedures to navigate China's regulatory landscape more effectively.

Background on Government Information Disclosure in China

China's Government Information Disclosure Regulations (State Council Order No. 711) took effect in 2019, establishing the framework for public access to government information. The recent notices build on this framework by providing detailed guidance on implementation. For foreign founders, this means greater clarity on how to request information and what to expect in terms of fees and timelines.

It's important to note that while the source text lists these notices, it does not provide detailed content of each. Founders should consult the full texts of relevant notices for specifics. The information here is a summary of what is available.

Practical Steps for Foreign Founders

• Identify the information you need: Determine whether you need regulations, policy documents, or specific registration requirements.
• Check if the information is already public: Many documents are proactively disclosed on government websites. Before submitting a request, search official portals.
• Use the correct channel: If a request is necessary, follow the channels specified by the relevant government agency.
• Be prepared for fees: For large or complex requests, inquire about potential fees in advance.
• Consult professionals: When in doubt, seek advice from legal or business consultants familiar with China's information disclosure system.

By understanding these procedures, foreign founders can more efficiently obtain the information needed to comply with Chinese regulations and focus on growing their business.

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

For assistance with company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.