Published by ChinaMNC · Jiange
Navigating Government Information Access in Sichuan: A Guide for Foreign Founders
A practical overview of how foreign founders can access government information in Sichuan Province, including proactive disclosure and application procedures, based on official guidelines.
Why Government Information Matters for Foreign Founders
When establishing or operating a company in China, access to official government information is essential for compliance, planning, and understanding the regulatory environment. Sichuan Province has published a guide on government information disclosure that outlines how individuals and organizations—including foreign founders—can obtain information from the provincial government and its General Office. This article summarizes the key points from that guide, focusing on practical steps for foreign founders.
Proactive Disclosure: Information Available Without Application
The Sichuan Provincial People's Government proactively discloses a wide range of government information in accordance with the Regulations on Open Government Information (State Council Order No. 711). This information is made available to the public through multiple channels, and foreign founders can use these resources to stay informed about policies and regulations that affect their businesses.
What Information Is Proactively Disclosed?
The scope of proactive disclosure includes, but is not limited to:
- Government structure and functions: Leadership profiles, institutional setup, main responsibilities, and work rules of the provincial government.
- Regulations and normative documents: Provincial government rules and normative documents issued by the provincial government and its General Office.
- Work reports and meetings: Government work reports, important meetings, and information on leaders' attendance at major events.
- Planning and statistics: National economic and social development plans, special plans, regional plans, related policies, and statistical information.
- Administrative matters: Administrative licensing, penalties, compulsory measures, and other external management services.
- Financial information: Budgets and final accounts, government centralized procurement, and administrative fee information.
- Major construction projects: Approval and implementation status of significant projects.
- Major livelihood areas: Policies and measures on poverty alleviation, education, healthcare, social security, employment promotion, and their implementation; emergency plans, early warnings, and responses to public emergencies; supervision and inspection of environmental protection, public health, work safety, food and drug safety, and product quality.
- Personnel matters: Personnel appointments and removals, and recruitment of civil servants.
- Other information: As required by laws, regulations, and relevant national provisions.
Where to Find Proactively Disclosed Information
Foreign founders can access this information through several official channels:
- The Sichuan Provincial People's Government Gazette.
- The Sichuan Provincial People's Government portal website.
- Official social media accounts: "Sichuan Release" on Sina Weibo, "Sichuan Release" WeChat public account, and the "Sichuan Provincial People's Government Website" Toutiao account.
- Provincial government press conferences.
- Other media such as radio, television, and newspapers.
- Additionally, government information is available at the Sichuan Provincial Government Affairs Service and Public Resources Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library. These locations serve as venues for accepting and consulting government information.
Timeliness of Proactive Disclosure
Information that falls under proactive disclosure is made public within 20 working days from the date it is formed or changed. If laws or regulations provide otherwise, those provisions apply.
Applying for Government Information: A Step-by-Step Guide
Beyond proactively disclosed information, citizens, legal persons, and other organizations (including foreign founders) may apply to the Sichuan Provincial People's Government and its General Office to obtain specific government information. The following steps outline the application process.
Step 1: Identify the Correct Authority
To ensure accurate and efficient access, applicants should first determine which government body holds the information they need. The Sichuan Provincial People's Government portal website provides a section on institutional functions where applicants can learn about the main responsibilities and setup of provincial administrative agencies. Based on the type of information sought, applicants should submit their request to the appropriate authority through its designated channels and in accordance with specific instructions.
For example:
- For information on approval of major construction projects, feasibility study reports, etc., apply to the development and reform department.
- For information related to collective land expropriation, apply to the natural resources department.
- For information on state-owned land house expropriation and compensation, shantytown renovation, etc., apply to the city or county-level government where the applicant is located and its housing and urban-rural development department.
Step 2: Submit Your Application
The General Office of the Sichuan Provincial People's Government accepts government information disclosure applications submitted in person, by letter, or online. The Provincial Government Information Disclosure Office handles the specific matters related to government information disclosure for this agency.
In-person submission: The agency has set up a government information disclosure application acceptance point at the Provincial Government Affairs Service Center. Applicants can obtain the "Government Information Disclosure Application Form" (hereinafter referred to as the "Application Form") on-site, fill it out, and submit it in person.
Online submission: Applicants should register a user account on the Sichuan Government Affairs Service Network as prompted. After successful login, they can submit an application online. They need to select the application type and enter their application information, such as name and ID number, and can then track the application progress.
Note: The source also mentions submission by letter, but details are not provided in the excerpt. For completeness, applicants may refer to the official guide for further instructions.
Step 3: Prepare Your Application
To facilitate the process, consider the following:
- Before submitting an application, check whether the information is already proactively disclosed through the channels mentioned above. If you cannot find it, then submit an application.
- For matters involving petitions, complaints, reports, consultations, suggestions, etc., use dedicated channels such as the Governor's Mailbox, 12345 online message, and disciplinary inspection reporting.
- The Application Form can be obtained at the acceptance point or downloaded from the Sichuan Provincial People's Government portal website. Photocopies are valid. For online applications, fill out the form directly online.
- For in-person applications, present a valid ID. For applications by letter, attach a copy of a valid ID. For online applications, register on the Sichuan Government Affairs Service Network and complete identity verification before logging in to submit.
- Describe the required information clearly and specifically. It is recommended to provide the name, document number, or other characteristic descriptions that will help the agency locate the information.
Step 4: Processing and Response
If the application content is unclear, the agency will provide guidance and clarification, and within 7 working days from receipt, notify the applicant in writing of the needed corrections and a reasonable correction period. If the corrected application still does not clearly point to specific information, the agency will inform the applicant in writing that the application is unclear and cannot be processed. If the applicant fails to correct without justified reason, the application is considered abandoned.
Upon receiving an application, the agency will respond within 20 working days, unless it can reply on the spot. If an extension is needed, the head of the government information disclosure work agency must approve it, and the applicant will be notified in writing; the extension period shall not exceed 20 working days. Time required for consulting third parties or other agencies is not counted in the processing period. For corrected applications, the response period starts from the date the corrected application is received.
If the volume or frequency of applications明显 exceeds a reasonable range, the agency may require the applicant to explain the reasons. If the reasons are unreasonable, the agency will inform the applicant that the application will not be processed. If the reasons are reasonable but the response cannot be made within the period specified in Article 33 of the Regulations, the agency will determine a reasonable delay period and inform the applicant.
The agency provides information according to the actual state of preservation and does not undertake to process or analyze existing information. The form of provision will be determined based on the applicant's request and the actual situation; if providing in the requested form may endanger the safety of the information carrier or the cost is too high, the agency may provide it in electronic data or other appropriate forms, or arrange for the applicant to inspect and copy the information.
According to Article 42 of the Regulations, the agency charges information processing fees in strict accordance with the "Measures for the Administration of Government Information Disclosure Information Processing Fees" (Guobanhan [2020] No. 109) and relevant provincial provisions.
Step 5: If You Are Dissatisfied
If an applicant believes that an administrative agency has infringed upon their lawful rights in government information disclosure work, they may complain or report to the higher-level administrative agency or the competent department of government information disclosure work, or apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Key Takeaways for Foreign Founders
Access to government information is a right that foreign founders can exercise to better understand the regulatory landscape. By using proactive disclosure channels and, when necessary, filing information disclosure applications, you can obtain valuable information for your business operations in Sichuan. Remember to identify the correct authority, prepare your application clearly, and follow up within the specified timeframes.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.
For assistance with registering and operating a company in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.