Published by ChinaMNC · Lingshan

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

A concise overview of China's Government Information Disclosure Regulations, tailored for foreign entrepreneurs. Learn how to access government information, understand disclosure obligations, and navigate exceptions relevant to business operations in China.

Understanding China's Government Information Disclosure Framework

For foreign founders establishing or operating a company in China, access to reliable government information is essential. The Chinese government has established a legal framework—the Regulations on Open Government Information—that sets out how administrative organs should disclose information and how individuals and organizations, including foreign-invested enterprises, can request it. This article summarizes key provisions from the official text, offering practical guidance for foreign entrepreneurs.

What Counts as Government Information?

Under the regulations, "government information" refers to information that administrative organs create or obtain while performing their administrative functions, and which is recorded and preserved in some form. This broad definition covers documents, data, and records generated or collected by government bodies at all levels.

County-level and higher local government offices serve as the competent authorities for government information disclosure in their respective administrative regions. They are responsible for advancing, guiding, coordinating, and supervising disclosure work.

Core Principles: Disclosure as the Norm

Administrative organs are required to adhere to the principle that disclosure is the norm and non-disclosure is the exception. They must follow principles of fairness, justice, legality, and convenience. When false or incomplete information that may affect social stability or disrupt economic management is identified, organs must release accurate government information to clarify the situation.

Governments at all levels are tasked with standardizing, systematizing, and digitalizing government information resources. They are strengthening internet-based disclosure platforms and integrating these with government service platforms to improve online processing.

Who Is Responsible for Disclosure?

The administrative organ that creates government information is responsible for disclosing it. If an organ obtains information from citizens, legal persons, or other organizations, the organ that stores the information is responsible for disclosure. If an organ obtains information from another administrative organ, the organ that created or initially obtained it is responsible. Special rules may apply if laws or regulations specify otherwise.

Delegated agencies or internal departments that perform administrative functions in their own name may also handle disclosure related to those functions.

Coordination and Accuracy

Administrative organs must establish coordination mechanisms for disclosure. When disclosure involves other agencies, they must consult and confirm with those agencies to ensure accuracy and consistency.

Disclosure guidelines must include the classification of government information, its arrangement system, methods of access, and contact details of the disclosure office, including name, address, office hours, phone number, fax, and online contact information.

What Information Is Not Disclosed?

The regulations set out several categories of information that are not disclosed:

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

Information involving trade secrets or personal privacy that would harm the lawful rights of third parties must not be disclosed. However, it may be disclosed if the third party consents or if the organ determines that non-disclosure would significantly affect the public interest.

Process information—such as discussion records, drafts, correspondence, and request reports—created during administrative functions may also be withheld, as may information in administrative enforcement case files, unless laws or regulations require disclosure.

Before disclosing information, organs must review it in accordance with the State Secrets Law and other laws and regulations. If unsure whether information can be disclosed, they must refer the matter to relevant competent departments or secrecy authorities.

Proactive Disclosure

Administrative organs must proactively disclose information that involves adjustment of public interests, that the public needs to widely know, or that requires public participation in decision-making.

For city and county governments and their departments, proactive disclosure should also cover information related to municipal construction, public services, public welfare undertakings, land expropriation, housing expropriation, public security management, and social assistance, based on local conditions. Township governments should proactively disclose information on agricultural and rural policies, irrigation and water conservancy projects, rural land contractual management rights transfers, homestead use approvals, land and housing expropriation, fundraising and labor contributions, and social assistance.

Organs must determine the specific content of proactive disclosure and continuously expand it according to higher-level directives.

How Is Information Disclosed?

Administrative organs must establish mechanisms for releasing proactive information through government gazettes, government websites, other online government media, press conferences, newspapers, radio, and television.

Governments at all levels must strengthen disclosure via government portals and use unified platforms to centrally release proactive information. These platforms should offer search, viewing, and download functions.

Governments must also set up reading rooms in national archives, public libraries, and government service venues, equipped with facilities to facilitate access for citizens, legal persons, and other organizations.

Proactively disclosed information must be released within 20 working days from the date it is formed or changed, unless laws or regulations specify otherwise.

Requesting Government Information

In addition to proactively disclosed information, citizens, legal persons, or other organizations may apply to local governments at all levels and to county-level and higher government departments (including delegated agencies and internal departments that perform administrative functions in their own name) for access to relevant government information.

Administrative organs must establish and improve application channels to facilitate access.

Applications must be submitted to the government information disclosure office in writing, including by letter or electronic data message. If written application is genuinely difficult, applicants may apply orally, and the office will fill out the application form on their behalf.

If an application is unclear, the organ must provide guidance and clarification and, within 7 working days of receiving the application, inform the applicant once of the need for supplementation, specifying what needs to be corrected and a reasonable deadline. The response period starts from the date the supplemented application is received. If the applicant fails to supplement without justification, the application is deemed abandoned and will not be processed.

For applications submitted by mail, the date of receipt is the date the organ signs for it. For ordinary mail without signature, the disclosure office must confirm with the applicant on the day of receipt, and the confirmation date is the date of receipt. For applications submitted via the internet or fax, the date of receipt is the date both parties confirm.

Practical Takeaways for Foreign Founders

Foreign entrepreneurs can use these regulations to access government information relevant to their business—such as local regulations, land use policies, and public service details. Understanding what information is available proactively and how to file a request can help in planning and compliance. It is also important to recognize the limits on disclosure, particularly regarding state secrets, trade secrets, and personal privacy, to avoid unnecessary requests.

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