Published by ChinaMNC · Zhangyuan

China Government Information Disclosure Guide: What Foreign Founders Need to Know

A practical guide for foreign founders in China on how to access government information, based on Xinxiang's official disclosure guide. Learn about proactive disclosure, application procedures, fees, and timelines.

Understanding Government Information Disclosure in China

For foreign founders setting up or operating a company in China, access to government information can be crucial for compliance and planning. The Xinxiang Municipal People's Government Office has published a guide on government information disclosure that outlines how citizens, legal persons, and other organizations can obtain such information. This article summarizes the key points from that guide, tailored for foreign entrepreneurs.

Proactive Disclosure: What Information Is Available?

Government information that falls under the scope of proactive disclosure is made available within 20 working days from the date of formation or change. This includes information published through various channels such as the municipal government website, press conferences, and the government gazette. The gazette is available in both paper and electronic formats. Paper copies can be accessed at government service halls, libraries, and archives. Electronic versions are available on the official website, with search, download, and print functions.

Structure of the Information Directory

The government information directory uses electronic documents and contains key elements: index number, information category, information name, generation date, and publishing agency. Understanding these can help you locate specific information.

• Index Number: A code consisting of unit code, classification number, year of generation, and serial number, connected by hyphens.
• Information Name: The title of the information. For documents, it is the official title; if none, a concise descriptive title is created.
• Generation Date: The date the information is formally formed or changed. For government documents, it is the date of issuance; for non-document information, it is the date the information becomes fully available to the public. Format: YYYY-MM-DD.
• Publishing Agency: The responsible entity. For joint documents, the agency that prepared the document number; for non-documents, the main compiling agency. Full names must be used.

How to Apply for Information Not Proactively Disclosed

If you need government information that is not proactively disclosed, you can submit an application to the Municipal Government Information Disclosure Office. The office will provide the information based on its actual state, without processing or analyzing it.

Application Methods

Applications can be submitted in person or by mail. For in-person submissions, call ahead to confirm. Bring valid identification and a completed application form. If writing is difficult, oral applications are accepted. For mail, use China Post and mark "Government Information Disclosure Application" on the envelope. The office does not accept applications via phone or email, but these channels can be used for inquiries.

Processing Timelines and Requirements

Upon receiving an application, the office will review it. If the request is unclear, you will be notified within 7 working days to make corrections, typically within 7 working days. Failure to correct without justification may result in the application being abandoned. Responses are provided in order of receipt. If a response can be given on the spot, it will be; otherwise, within 20 working days. Extensions up to 20 working days are possible with notification. Time spent consulting third parties or other agencies is not counted.

Possible Outcomes

• If the information is not within the agency's responsibility, you will be informed with reasons and, if known, directed to the responsible agency.
• If the request is repetitive, you will be informed that no repeated processing will occur.
• For information such as business registration or real estate registration, special laws may apply, and you will be guided accordingly.
• If part of the information is exempt from disclosure, the disclosable part will be provided with reasons for exemptions.
• Requests made as petitions, complaints, or reports will not be handled as information disclosure applications and will be directed to appropriate channels.
• Requests for public publications like gazettes or books will be directed to access channels.

Fees and Format

Providing information is generally free. However, if the number or frequency of requests clearly exceeds a reasonable range, an information processing fee may be charged according to regulations. If a fee is charged, you will be notified with details, and payment is due within 20 working days; otherwise, the application is abandoned. Information is provided in the requested format if possible; if not feasible due to security or cost, alternative formats or on-site inspection may be arranged.

Application Form Tips

Fill out the application form with accurate name, contact information, and valid identification. Describe the information clearly, including name, document number, or other identifying features. Specify the desired format and method of obtaining. If applying through an agent, provide authorization proof. For joint applications by 5 or more persons, up to 5 representatives can be selected with proof.

Practical Takeaways for Foreign Founders

As a foreign founder, you may need government information for various purposes, such as understanding regulations, verifying policies, or complying with local requirements. This guide provides a structured process for accessing such information. Remember that proactive disclosure covers many common documents, so check the official website first. For other information, follow the application procedure carefully to avoid delays.

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 registering and operating a company in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.