Published by ChinaMNC · Huidong

How Foreign Founders Can Access Sichuan Government Information: A Guide to Open Government

A practical guide for foreign founders on requesting and accessing government information from the Sichuan Provincial People's Government and its General Office, including procedures, timelines, and channels.

Accessing Sichuan Government Information: A Guide for Foreign Founders

For foreign founders establishing or operating a company in Sichuan, understanding how to obtain government information is essential for compliance and informed decision-making. The Sichuan Provincial People's Government has published a guide based on the Regulations of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711). This article summarizes key points from that guide, tailored for foreign entrepreneurs.

Proactive Disclosure: Information Available Without Request

The Sichuan government proactively discloses certain categories of information to enhance transparency and support public participation. Foreign founders can access this information without filing a formal request. Key categories include:

• Government structure and rules: Provincial leadership profiles, agency setups, main responsibilities, and working rules.
• 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' public activities.
• Planning and statistics: Economic and social development plans, special and 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 procurement, and administrative fees.
• Major projects: Approval and implementation status of major construction projects.
• Livelihood issues: Policies and implementation on poverty alleviation, education, healthcare, social security, employment promotion, emergency plans for public incidents, early warnings and responses, and supervision of environmental protection, public health, work safety, food and drug safety, and product quality.
• Personnel matters: Personnel appointments and removals, and civil service recruitment.
• Other information: As required by laws, regulations, and relevant national provisions.

This information is made available through multiple channels: the Sichuan Provincial People's Government Gazette, the provincial government portal website, social media accounts (Sina Weibo, WeChat, and Toutiao under the name "Sichuan Release"), press conferences, and other media such as radio, television, and newspapers. Additionally, government information can be accessed at the Sichuan Provincial Government Affairs Service and Public Resource Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library.

Information in the proactive disclosure scope is published within 20 working days from the date of formation or change, unless otherwise provided by laws or regulations.

Requesting Information: Procedures and Timelines

If the information you need is not proactively disclosed, you can file a request with the Sichuan Provincial People's Government or its General Office. The General Office is the designated recipient for such requests, with the Provincial Government Information Disclosure Office handling the specifics. Requests can be submitted in three ways:

• In person: Submit at the government information disclosure application reception point at the Provincial Government Affairs Service Center. You can obtain and fill out the Government Information Disclosure Application Form on-site.
• By mail: Send the application form along with a copy of your valid identification.
• Online: Register on the Sichuan Government Affairs Service Network, complete identity verification, and submit your application online. You can track the progress through the system.

Before submitting a request, it is advisable to first check the proactive disclosure channels to see if the information is already available. For matters involving petitions, complaints, reports, suggestions, or consultations, use dedicated channels such as the Governor's Mailbox, the 12345 online message board, or the disciplinary inspection reporting system.

When filling out the application form, describe the information you need clearly and specifically. Include details such as the document name, reference number, or other characteristics that can help identify the information. If the request is unclear, the authority will provide guidance and may ask for supplementation within 7 working days. If you fail to supplement without justification, the request may be considered abandoned.

The authority will respond within 20 working days of receiving the request. If an extension is needed, they will inform you in writing, and the extension will not exceed 20 working days. Time spent consulting third parties or other agencies is not counted in the processing period. If your request is voluminous or frequent beyond reasonable scope, the authority may ask for justification and may set a reasonable delayed response time if the justification is reasonable but the response cannot be made within the statutory period.

Possible responses include: providing the information; informing you of the manner, channel, and time to obtain it; or informing you that the information is not within their responsibility and, if known, providing the name and contact of the responsible agency. If the information is already publicly available, they may direct you to the source. If the request is repetitive, they may refuse to reprocess it. For information such as business registration or real estate registration data, special laws and regulations may apply.

The authority is not obligated to process or analyze existing information; they will provide information as it is preserved. They will provide information in the form you request, unless doing so would endanger the carrier or incur excessive costs, in which case they may provide it electronically or arrange for you to inspect or copy it.

According to the Regulations, information processing fees may be charged in accordance with the Measures for the Administration of Information Processing Fees for Government Information Disclosure (Guobanhan [2020] No. 109) and provincial rules.

If you believe your legitimate rights have been infringed, you can complain or report to the higher-level administrative organ or the competent department for government information disclosure, or apply for administrative reconsideration or file an administrative lawsuit.

Key Takeaways for Foreign Founders

• Identify the right agency: For major construction project approval or feasibility study reports, apply to the development and reform department. For collective land expropriation, apply to the natural resources department. For state-owned land housing expropriation and compensation or shantytown renovation, apply to the municipal/county government or its housing and urban-rural development department.
• Use proactive channels first: Many policies and regulations relevant to business operations are proactively disclosed; check the portal website and other channels before filing a request.
• Be specific: Clearly describe the information needed to facilitate processing.
• Respect timelines: Responses typically take up to 20 working days, with possible extension.

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.