Published by ChinaMNC · Jintang
A Practical Guide for Foreign Founders: Accessing Government Information in Sichuan Province
Foreign founders setting up or running a company in Sichuan can use the provincial government's information disclosure system to obtain official documents. This guide explains what information is proactively published, how to request specific records, and what to expect during the process.
Why Government Information Matters for Foreign Founders
When establishing or operating a company in China, foreign founders often need official government information—such as regulations, policy documents, or details about major projects. Sichuan Province has a structured system for disclosing government information, governed by the Regulations on Open Government Information of the People's Republic of China (State Council Order No. 711). This article summarizes the key points from the Sichuan Provincial Government's official guide, tailored for foreign entrepreneurs.
Proactive Disclosure: Information Available Without Request
The Sichuan Provincial Government and its General Office proactively publish a wide range of information. This is done according to principles of fairness, legality, and convenience, and covers matters that affect public interests or require public participation. For foreign founders, the following categories are particularly relevant:
- Regulations and normative documents issued by the provincial government and its General Office.
- Approval and implementation status of major construction projects.
- Policies and measures related to major livelihood issues, including poverty alleviation, education, healthcare, social security, and employment promotion, as well as their implementation.
- Emergency response plans, early warnings, and handling of public emergencies.
- Supervision and inspection results concerning environmental protection, public health, work safety, food and drug safety, and product quality.
- Administrative licenses, penalties, and other administrative actions.
- Financial budgets and final accounts, government procurement, and administrative fees.
- Plans for national economic and social development, special plans, regional plans, and related policies, along with statistical information.
These materials are made available through various channels:
- The Sichuan Provincial People's Government Gazette.
- The official website of the Sichuan Provincial People's Government.
- Social media platforms such as the "Sichuan Release" Sina Weibo and WeChat public account, and the "Sichuan Provincial People's Government Website" Toutiao account.
- Press conferences held by the provincial government.
- Other media including radio, television, and newspapers.
- Designated venues: the Sichuan Provincial Government Affairs Service and Public Resources Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library.
Information in the proactive disclosure category is published within 20 working days from the date it is formed or changed, unless otherwise provided by laws or regulations.
Requesting Information: How to Apply
If the information you need is not proactively published, you can file a request with the Sichuan Provincial People's Government or its General Office. The General Office is responsible for handling such requests, with the Provincial Government Information Disclosure Office managing the specifics.
Step 1: Identify the Correct Authority
Before applying, determine which government body holds the information. You can visit the provincial government portal, click on "Institutional Functions" to review the responsibilities and structure of provincial agencies, and then submit your request to the appropriate authority through its designated channel. For example:
- For information on major construction project approvals or feasibility study reports, apply to the development and reform department.
- For information on collective land expropriation, apply to the natural resources department.
- For information on state-owned land house expropriation and compensation, or shantytown renovation, apply to the municipal or county-level government and its housing and urban-rural development department.
If you are unsure, you can first search the proactive disclosure channels. Only submit a request if the information is not found.
Step 2: Prepare and Submit Your Application
Requests can be submitted in three ways:
- In person: Visit the government information disclosure application reception point at the Provincial Government Affairs Service Center, obtain the Government Information Disclosure Application Form, fill it out, and submit it on the spot. Bring a valid ID.
- By mail: Send the completed application form along with a copy of your valid ID to the designated address.
- Online: Register on the Sichuan Government Affairs Service Network, complete identity verification, log in, and submit your application online. You can track the progress through the system.
When describing the information you need, be as specific as possible. Include the document name, reference number, or other details that will help the agency locate the record. If your request is unclear, the agency will provide guidance and may ask you to supplement it within 7 working days. If you fail to do so without justification, the request may be considered abandoned.
Note that the application form is available at the reception point and can be downloaded from the provincial government portal. Copies are valid. For online applications, you must register and authenticate on the Sichuan Government Affairs Service Network.
Step 3: Processing and Response
Once a valid application is received, the agency will respond within 20 working days, unless an extension is necessary. Extensions require approval from the head of the information disclosure office and written notification to the applicant, with a maximum extension of another 20 working days. Time spent consulting third parties or other agencies is not counted, and if a supplement is needed, the response period starts from the date the supplement is received.
The agency will handle your request based on the nature of the information:
- If the information is disclosable, it will be provided or you will be informed of how to obtain it.
- If the information is not held by the agency, you will be told so, and if possible, directed to the responsible agency.
- If the request repeats a previous application for the same information, the agency may inform you that it will not be processed again.
- If the information falls under special legal provisions (e.g., business registration, real estate registration), you will be guided to follow those provisions.
If the volume or frequency of your requests is clearly unreasonable, the agency may ask for justification. If no reasonable justification is given, the request may be denied. If justified but a response cannot be made within the statutory period, the agency will set a reasonable delay and notify you.
The agency is not obligated to process or analyze existing information; it will provide the information as it is. The format of provision will be determined based on your request and the agency's practical capabilities. If providing in your requested format would endanger the information carrier or incur excessive costs, the agency may provide it electronically or arrange for you to inspect or copy it.
According to the Regulations, a fee may be charged for processing information requests, following the Measures for the Administration of Information Processing Fees for Government Information Disclosure (Guobanhan [2020] No. 109) and provincial rules.
What If You Disagree?
If you believe your lawful rights have been infringed, you can complain or report to the higher-level administrative organ or the competent department for government information disclosure. You may also apply for administrative reconsideration or file an administrative lawsuit according to the law.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.