Published by ChinaMNC · Wenjiang

How Foreign Founders Can Access Sichuan Government Information: A Practical Guide

A guide for foreign founders on requesting and obtaining government information from the Sichuan Provincial People's Government and its General Office, covering proactive disclosure, application procedures, timelines, and fees, based on the official government information disclosure guide.

Accessing Sichuan Government Information: A Guide for Foreign Founders

For foreign founders establishing or operating a company in Sichuan, access to reliable government information is essential for compliance, planning, and due diligence. The Sichuan Provincial People's Government has published a guide on government information disclosure, outlining how individuals and organizations—including foreign investors—can obtain information proactively released or upon request. This article summarizes the key points from that guide, tailored for foreign founders.

Proactive Disclosure: Information Available Without Request

The Sichuan Provincial Government proactively discloses a wide range of information that may be relevant to business operations. According to the guide, this includes:

• Government structure and rules: Provincial leadership and division of responsibilities, organizational setup, main duties, and work rules.
• Regulations and normative documents: Provincial government rules and normative documents issued by the provincial government and its General Office.
• Work reports and meetings: Provincial government work reports, important meetings, and information on leaders' attendance at major official activities.
• Planning and statistics: National economic and social development plans, special plans, regional plans, related policies, and statistical information.
• Administrative matters: Administrative licensing, penalties, compulsory measures, and other external management services.
• Financial information: Fiscal budgets and final accounts, government centralized procurement, and administrative fees.
• Major construction projects: Approval and implementation status of major construction projects.
• Major livelihood issues: Policies and implementation related to poverty alleviation, education, healthcare, social security, employment promotion; emergency plans, early warnings, and responses to public emergencies; supervision and inspection of environmental protection, public health, work safety, food and drug safety, and product quality.
• Personnel matters: Personnel appointments and removals, and civil servant recruitment.
• Other information: As required by laws, regulations, and rules.

This information is made available through various channels, including the Sichuan Provincial People's Government Gazette, the provincial government portal website, social media accounts such as "Sichuan Release" on Sina Weibo and WeChat, the "Sichuan Provincial People's Government Website" Toutiao account, provincial government press conferences, and other media such as radio, television, and newspapers. Additionally, information can be accessed at the Sichuan Provincial Government Government Services and Public Resources Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library, which serve as information disclosure acceptance and reading venues.

Information in the proactive disclosure scope is published within 20 working days from the date of formation or change. If laws or regulations provide otherwise, those provisions apply.

Requesting Information: Application Process

For information not proactively disclosed, citizens, legal persons, and other organizations (including foreign founders and their companies) may apply to the Sichuan Provincial People's Government or its General Office. The General Office is responsible for accepting applications submitted to the provincial government and its General Office, with the Provincial Government Information Disclosure Office handling specific matters.

Step 1: Identify the correct authority. Before applying, determine which agency holds the information. The provincial government portal website provides a "Institutional Functions" section to check the main duties and setup of provincial administrative agencies. For example, applications regarding major construction project approval and feasibility study reports should be directed to the Development and Reform Department; those concerning collective land expropriation to the Natural Resources Department; and those related to state-owned land house expropriation and compensation, or shantytown renovation, to the city or county government and its housing and urban-rural development department where the applicant is located.

Step 2: Submit the application. Applications can be submitted in person, by mail, or online. For in-person submissions, the government has set up an acceptance point at the Provincial Government Services Center where applicants can obtain and fill out the "Government Information Disclosure Application Form" (the Form). For online submissions, applicants must register on the Sichuan Government Services Network, log in, select the application type, enter required information such as name and ID number, and submit. The progress of the application can be tracked online.

Step 3: Provide identification. For in-person applications, a valid ID must be presented. For mail applications, a copy of a valid ID must be attached. For online applications, identity verification is required through registration on the Sichuan Government Services Network.

Step 4: Describe the information clearly. The application should clearly describe the requested information, preferably including the name, document number, or other characteristic details that facilitate retrieval.

Processing Timelines and Responses

Upon receiving an application, the authority will respond within 20 working days, unless an extension is necessary. Extensions require approval from the head of the information disclosure office and written notice to the applicant, with a maximum extension of 20 working days. Time spent consulting third parties or other agencies is not counted in the processing period. If the application needs clarification, the applicant will be notified within 7 working days to make corrections, with a reasonable deadline. Failure to correct without justification is considered a withdrawal.

Responses may include: providing the information; informing the applicant of the manner, channel, and time to obtain it; indicating that the information is not subject to disclosure and explaining why; or, if the information is not held by the authority, informing the applicant and, if possible, identifying the responsible agency. If the request is a repeat of a previous application, the authority will inform the applicant that no repeated processing will occur. For information such as business registration or real estate registration materials, applicants will be directed to follow relevant laws and administrative regulations.

If the volume or frequency of requests明显 exceeds a reasonable scope, the authority may ask for justification. If the justification is unreasonable, the request may be denied; if reasonable but cannot be answered within the statutory period, a delayed response timeline will be set and communicated.

The authority is not obligated to process or analyze existing information beyond providing it as is, except where separate processing is allowed under Article 37 of the Regulations. The form of provision will be determined based on the applicant's request and the actual state of the information; if providing in the requested form poses risks to the carrier or entails excessive costs, electronic data or other appropriate forms may be used, or the applicant may be arranged to inspect or copy the information.

Fees and Legal Remedies

In accordance with Article 42 of the Regulations, information processing fees are charged strictly according to the "Measures for the Administration of Government Information Disclosure Information Processing Fees" (Guobanhan [2020] No. 109) and provincial regulations.

If an applicant believes that their lawful rights have been infringed in the course of information disclosure, they may complain or report to the higher-level administrative agency or the competent department of government information disclosure, or apply for administrative reconsideration or file an administrative lawsuit according to law.

For foreign founders, understanding these procedures can facilitate access to necessary government information for business registration, regulatory compliance, and operational planning in Sichuan. It is advisable to first check proactively disclosed information through the aforementioned channels before submitting a formal application.

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