Published by ChinaMNC · Qinnan

China's Government Information Disclosure Rules: A Practical Guide for Foreign Founders

Foreign founders operating in China can benefit from understanding the government information disclosure regime. This article outlines key provisions of the PRC Regulations on Government Information Disclosure, including what information is available, how to request it, and the obligations of administrative agencies.

Understanding China's Government Information Disclosure Rules

For foreign founders establishing or running a company in China, access to reliable government information is essential for compliance, planning, and risk management. The PRC Regulations on Government Information Disclosure set out the framework for how administrative agencies disclose information and how individuals and organizations, including foreign-invested enterprises, can obtain it. This article summarizes the key provisions that are most relevant to foreign founders, based solely on the official text.

What Is Government Information?

Under the Regulations, "government information" refers to information that administrative agencies produce or obtain in the course of performing their administrative functions, and that is recorded or preserved in a certain form. This definition is broad and covers a wide range of documents and data generated by government bodies.

The Regulations apply to all levels of government. County-level and above local people's governments are required to designate offices to oversee, guide, coordinate, and supervise government information disclosure within their jurisdictions.

Key Principles and Obligations

Administrative agencies must adhere to several core principles when disclosing government information:

• Disclosure as the norm, non-disclosure as the exception: Agencies should disclose information unless there is a specific legal basis for withholding it.
• Fairness, impartiality, legality, and convenience: The process should be accessible and lawful.
• Accuracy and consistency: When disclosure involves other agencies, consultation and confirmation are required to ensure accuracy.
• Proactive clarification: If false or incomplete information threatens social stability or economic order, agencies must release accurate information to clarify.

Each government body must establish internal systems for information disclosure and designate a specific office to handle day-to-day work. They must also strengthen digital management and integrate disclosure platforms with government service platforms to improve online processing.

What Information Is Disclosed Proactively?

Agencies are required to proactively disclose information that involves adjustments to public interests, that the public needs to widely know, or that requires public participation in decision-making. In addition, city- and county-level governments must proactively disclose information related to matters such as:

• Municipal construction
• Public services
• Public welfare undertakings
• Land expropriation
• Housing expropriation
• Public security management
• Social assistance

Township-level governments have additional obligations, including disclosure of information on agricultural and rural policies, irrigation and water conservancy projects, rural land contractual management rights transfers, homestead use approvals, and other local matters.

Proactive disclosure must be made through various channels, including government gazettes, government websites, other online government media, press conferences, newspapers, radio, and television. Governments are also required to set up unified disclosure platforms with search, access, and download functions, and to establish reading rooms in national archives, public libraries, and government service venues.

Information that falls within the scope of proactive disclosure must be published within 20 working days from the date it is formed or changed, unless laws or regulations provide otherwise.

How to Request Government Information

In addition to proactively disclosed information, citizens, legal persons, and other organizations—including foreign-invested enterprises—may apply to local people's governments at all levels and to county-level and above government departments that perform administrative functions in their own name to obtain relevant government information.

To make a request, applicants should submit it to the government information disclosure office of the relevant agency. The request must be in writing, including by letter or electronic data message. If writing is genuinely difficult, an oral request can be made, and the office will fill out the application form on the applicant's behalf.

If the request is unclear, the agency must provide guidance and explanation, and within 7 working days of receiving the request, inform the applicant once of the specific items that need to be corrected and a reasonable correction period. The response period starts from the date the corrected application is received. If the applicant fails to correct without justified reason, the application is deemed abandoned.

The date of receipt of an application is determined as follows:

• If submitted by mail, the date the agency signs for it.
• If submitted by ordinary mail without signature, the date the office confirms receipt with the applicant.
• If submitted via the internet or fax, the date both parties confirm.

What Information Is Not Disclosed?

The Regulations set out categories of information that are not subject to disclosure:

• Information determined by law to be state secrets.
• Information prohibited from disclosure by laws or administrative regulations.
• Information that, if disclosed, may endanger national security, public safety, economic security, or social stability.

In addition, agencies must not disclose information involving trade secrets, personal privacy, or other information that would harm the lawful rights of third parties upon disclosure. However, such information may be disclosed if the third party consents or if the agency determines that non-disclosure would significantly affect the public interest.

Process-related information such as discussion records, drafts, correspondence, and request reports formed during administrative management, as well as administrative law enforcement case files, may be withheld. If laws, regulations, or rules require disclosure, those provisions prevail.

Agencies must review information before disclosure in accordance with the Law on Guarding State Secrets and other laws and regulations. If an agency cannot determine whether information can be disclosed, it must report to the relevant competent department or secrecy administration for a decision.

Ongoing Review and Dynamic Adjustment

Agencies must establish a dynamic adjustment mechanism for government information management. They are required to periodically evaluate and review information that they have not disclosed, and to disclose information that becomes disclosable due to changes in circumstances. This means that even if certain information was previously withheld, it may become available later.

Practical Implications for Foreign Founders

For foreign founders, understanding these rules can facilitate access to information needed for business registration, site selection, regulatory compliance, and dispute resolution. Proactive disclosure covers many areas relevant to business operations, such as land and housing expropriation, public services, and social assistance. When specific information is needed, founders can file a written request with the appropriate government information disclosure office. It is important to provide clear and specific requests to avoid delays. While certain information is protected from disclosure, the principle of disclosure as the norm means that many government records are accessible.

By using the available channels—government websites, disclosure platforms, and formal requests—foreign founders can obtain accurate and official information to support their business decisions in China.

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