Published by ChinaMNC · Jinta

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

A practical guide for foreign founders on how China's government information disclosure system affects company registration and operations, based on official Jiuquan municipal government information.

Why Government Information Disclosure Matters for Your China Company

As a foreign founder setting up a company in China, you need reliable access to government rules, procedures, and policies. China's Government Information Disclosure System (政府信息公开制度) is the framework that requires government agencies to publish and provide information about their operations and regulations. This article explains how the system works and what it means for your business registration and compliance.

What Is the Government Information Disclosure System?

The system is governed by the Regulations of the People's Republic of China on the Disclosure of Government Information, originally promulgated by State Council Order No. 492 on April 5, 2007, and revised by State Council Order No. 711 on April 3, 2019. These regulations set out the obligations of government agencies at all levels to disclose information proactively and upon request.

For foreign founders, this means you have a legal right to access many government documents that affect your business, such as regulations, policy interpretations, and administrative procedures.

What Information Is Available?

Government websites, like the Jiuquan Municipal Government portal, organize disclosed information into categories that are directly relevant to business registration and operations:

• Government Rules and Documents: Includes government regulations, official documents, and normative documents. These are classified by document number (e.g., Jiu Zheng Fa, Jiu Zheng Ban Fa) and by subject.
• Subject Categories: Topics include comprehensive government affairs, national economic management and state-owned asset management, finance and auditing, land and resources, energy, agriculture, forestry and water conservancy, industry and transportation, commerce, customs and tourism, market regulation and work safety, urban and rural construction and environmental protection, science and technology, education, culture, radio and television, press and publication, health and sports, population and family planning, labor and personnel, public security and justice, civil affairs, poverty alleviation and disaster relief, and others.
• Policy Interpretations: Explanations of central, provincial, and municipal policies.
• Agency Profiles: Information about government departments.
• Important Meetings: Records of key government meetings.
• Jiuquan Planning Outline: Development plans for the city.
• Emergency Plans: Contingency plans for emergencies.
• Press Conferences: Announcements and briefings.
• Government Work Reports: Annual reports on government work.
• Personnel Information: Appointments and removals of officials.
• Decision Drafts and Feedback: Draft policies open for public comment.
• Handling of Proposals from People's Congress and CPPCC: Responses to legislative and advisory suggestions.
• Response to Concerns: Answers to public concerns.
• Annual Reports on Government Websites: Statistics on website performance.
• Statistical Information: Economic and social data.
• Budget and Final Accounts: Government financial reports.
• Administrative Licensing: Information on licenses and permits.
• Administrative Penalties: Records of penalties imposed.
• Recruitment Information: Civil service and public institution job postings.
• Major Livelihood Information: News on projects affecting daily life.
• Fee Items: List of government fees.
• Audit Information: Audit reports.
• Public Service Item Lists: Lists of public services.
• Information on Public Enterprises and Institutions: Data on state-owned entities.
• Power and Responsibility Lists: Clarity on government authority.
• Government Service Item Catalog: Guide to government services.
• Government Procurement: Tendering and contracting information.

These categories are published annually, with archives going back to 2009 on the Jiuquan website.

Key Regulations and Guidelines

The national regulations are supplemented by various implementing rules and guidelines. Notable documents include:

• State Council General Office's Opinions on Several Issues Concerning the Trial of Administrative Reconsideration Cases Involving Government Information Disclosure (transmitted by the Ministry of Justice) – issued October 21, 2022.
• Implementation Rules for the Opinions on Comprehensively Promoting Open Government Affairs – issued May 24, 2022.
• Letter on Forwarding the 'Specifications for Handling Replies to Government Information Disclosure Applications in Jiangsu Province' – issued April 20, 2022, by the State Council General Office's Government Information and Open Government Affairs Office.
• Notice on Issuing the Format for Annual Reports on Government Information Disclosure Work – issued September 29, 2021.

At the provincial level, Gansu Province has issued annual work points for open government affairs, including the 2022 and 2021 work points, and an implementation opinion on promoting the standardization and normalization of grassroots government information disclosure (August 24, 2020).

At the municipal level, Jiuquan City has issued its own annual work points (2022, 2021, 2020, 2019) and a measure for accountability for violations of government information disclosure rules (February 3, 2021).

What Does This Mean for Your China Company Registration?

Understanding the information disclosure system can help you navigate the regulatory environment more effectively:

• Access to Rules: You can find the official rules and procedures for company registration, licensing, and compliance on government websites. This reduces uncertainty and helps you prepare accurate applications.
• Transparency in Procedures: Administrative licensing and government service item catalogs provide clear guidance on what permits you need and how to apply.
• Policy Awareness: Policy interpretations and work reports can alert you to changes in regulations that may affect your business.
• Accountability: If you encounter issues, the accountability measures indicate that government officials can be held responsible for violations, providing a channel for redress.
• Public Participation: Draft policies are often open for public comment, giving you an opportunity to voice concerns or suggestions that could impact your industry.

As a foreign founder, you should regularly check the relevant government websites (national, provincial, and municipal) for updates on regulations and procedures that affect your company.

How to Access Government Information

Government information is typically available on official websites. For Jiuquan City, the website is maintained by the Jiuquan Municipal People's Government Office. Contact details are provided:

• Address: Municipal Building, Fukang Road, Suzhu District, Jiuquan City, Gansu Province
• Phone: 0937-2659332
• Email: [email protected]
• Website Identification Code: 6209000004
• ICP Record Number: Long ICP Bei 09004414-2
• Public Security Record Number: Gan Gong Wang An Bei 62090202000015

For national regulations, you can visit the central government website. Many documents are also available through provincial and municipal portals.

Practical Steps for Foreign Founders

1. Identify Relevant Categories: Focus on sections like government rules, administrative licensing, government service catalogs, and policy interpretations.
2. Monitor Updates: Check for new documents regularly, especially annual work points and revisions to regulations.
3. Use Official Channels: When in doubt, contact the government office directly using the provided contact information.
4. Keep Records: Save copies of relevant regulations and guidelines for your compliance files.
5. Engage with Public Consultations: Participate in comment periods for draft policies that could affect your business.

By leveraging the government information disclosure system, you can make more informed decisions about your company registration and ongoing operations in China.

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

Need help registering and operating a company in China? Foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535 for expert assistance.