Published by ChinaMNC · Mashan

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

A practical guide for international entrepreneurs on China's Government Information Disclosure Regulations, explaining how to access government information that affects company registration and operations.

Why Government Information Disclosure Matters for Your China Company

When registering and operating a company in China, foreign founders often need official information—from registration procedures to local regulations. China's Government Information Disclosure Regulations (revised in 2019) establish your right to access such information and set out how government agencies must provide it. This article summarizes key provisions relevant to international entrepreneurs, so you know what to expect and how to use the system.

What Information Can You Access?

Government information is defined as information created or obtained by administrative agencies in the course of performing their administrative functions, recorded and preserved in a certain form. This includes rules, procedures, and decisions that affect business operations.

Administrative agencies must adopt a principle of “disclosure as the norm, non-disclosure as the exception,” and follow principles of fairness, equity, legality, and convenience. They must also promptly clarify false or incomplete information that may affect social stability or disrupt economic order.

Proactive Disclosure: Information Agencies Publish on Their Own

Certain information must be proactively disclosed. This includes information involving adjustments to public interests, matters that the public needs to know widely, or matters requiring public participation in decision-making. For foreign founders, this means you can find published information on:

• Municipal construction, public services, public welfare projects
• Land expropriation and housing demolition
• Public security management and social assistance
• Policies on agriculture and rural affairs (for rural investments)

Local governments at the city and county levels must proactively disclose such information based on local conditions. Additionally, agencies must continuously expand the scope of proactive disclosure in accordance with higher-level directives.

How to Access Proactively Disclosed Information

Proactively disclosed information is available through various channels:

• Government gazettes, government websites, and other online government media
• Press conferences, newspapers, radio, and television
• Unified government information disclosure platforms (online) with search, browsing, and download functions
• Reading rooms at national archives, public libraries, and government service centers

For foreign founders, the most convenient is usually the government website and online platform. Information in the proactive disclosure scope must be published within 20 working days from its formation or change, unless otherwise provided by laws or regulations.

Requesting Information: How to Apply

If the information you need is not proactively disclosed, you can file a request. Citizens, legal persons, and other organizations may apply to local governments at all levels and to departments of county-level or above governments that perform administrative functions in their own name (including dispatched or internal agencies authorized by law).

Applications should be submitted to the agency's government information disclosure work office in writing, including by letter or electronic data message. If writing is genuinely difficult, you may apply orally, and the office will fill out the application for you.

The application content should be clear. If it is unclear, the agency will provide guidance and explanation and, within 7 working days of receiving the application, inform you once of the items to be corrected and a reasonable correction period. The response period starts from the date the corrected application is received. If you fail to correct without justified reason, the application is deemed abandoned.

When you submit by mail, the date the agency signs for receipt is the date of receipt. For ordinary mail without signature, the disclosure office will confirm with you on the day of receipt, and the confirmation date is the date of receipt.

What Information Is Not Disclosed?

Some information is exempt from disclosure:

• Information determined as state secrets according to law
• Information prohibited from disclosure by laws and administrative regulations
• Information that may endanger national security, public safety, economic security, or social stability if disclosed
• Information involving trade secrets or personal privacy that would harm the lawful rights of third parties (unless the third party consents or non-disclosure would significantly affect the public interest)
• Process information such as discussion records, drafts, correspondence, and request reports formed during administrative functions, as well as administrative law enforcement case files (unless laws or regulations require disclosure)

Before disclosing any information, agencies must review it under the State Secrets Law and other laws. If uncertain, they must refer to relevant authorities.

How This Helps Your China Company Registration

Understanding these rules can streamline your company setup and ongoing compliance:

• Procedure transparency: You can access official guidance on registration steps, required documents, and timelines, reducing uncertainty.
• Local regulations: Proactively disclosed information includes local rules on land use, public services, and social assistance that may affect your business location or operations.
• Request specific information: If you need details not published, you can file an information disclosure request to get official answers.
• Compliance: Knowing what information is exempt (e.g., trade secrets) helps you protect your own confidential business information when interacting with agencies.

Key Takeaways for Foreign Founders

• Government agencies must proactively publish certain information, which you can find on government websites and online platforms.
• You have the right to request government information not proactively disclosed, subject to exemptions.
• Applications must be in writing (letter or electronic), and you must provide clear details.
• Responses to requests are generally subject to timelines (e.g., 20 working days for proactive disclosure; 7 working days for correction notices).
• Use official channels to obtain accurate information for your company registration and operations.

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

Need Assistance?

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