Published by ChinaMNC ยท Zhangning
Sichuan Government Information Disclosure Guide: What Foreign Founders Need to Know
A practical guide for foreign founders on how to access government information in Sichuan Province, including proactive disclosure, application procedures, and key rules for obtaining documents.
Accessing Government Information in Sichuan: A Guide for Foreign Founders
For foreign founders setting up or operating a company in Sichuan Province, understanding how to obtain government information is essential for compliance and informed decision-making. This guide is based on the official Sichuan Provincial Government Information Disclosure Guide, which explains the procedures for accessing public information from the Sichuan Provincial People's Government and its General Office. Below is a summary of the key points relevant to foreign investors, rewritten in plain English.
Proactive Disclosure: What the Government Publishes
Under the principles of fairness, legality, and convenience, the Sichuan Provincial Government proactively discloses information that affects public interests or requires public awareness. This includes, but is not limited to:
- Leadership and structure: Provincial government leaders and their divisions of work, the setup and main duties of government agencies, and the government's work rules.
- Regulations and normative documents: Provincial government rules and normative documents issued by the provincial government and its General Office.
- Work reports and meetings: Provincial 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: Fiscal budgets and final accounts, government centralized procurement, and administrative fees.
- Major projects: Approval and implementation status of major construction projects.
- Livelihood issues: Policies and measures on poverty alleviation, education, healthcare, social security, and employment promotion; 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 civil servant recruitment.
- Other information: As required by laws, regulations, and relevant national provisions.
This information is made available through various channels, including the Sichuan Provincial People's Government Gazette, the provincial government portal website, social media accounts (such as "Sichuan Release" on Sina Weibo and WeChat, and the "Sichuan Provincial People's Government Website" Toutiao account), press conferences, and other media like 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.
For proactively disclosed information, the government publishes it within 20 working days from the date of formation or change, unless otherwise stipulated by laws or regulations.
Requesting Information: Application Procedures
Beyond proactively disclosed information, citizens, legal persons, and other organizations (referred to as applicants) can apply to obtain relevant government information from the Sichuan Provincial People's Government and its General Office.
Step 1: Determine the Correct Agency
To ensure accurate and quick access, applicants should first identify the agency responsible for the information. Applicants can visit the provincial government portal website and click on "Agency Functions" to learn about the main duties and setup of provincial administrative agencies. Based on the type of information needed, applications should be submitted to the corresponding agency through its designated channels and in accordance with specific instructions. For example:
- For information on approval of major construction projects or feasibility study reports, apply to the Development and Reform Commission.
- 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 where the applicant is located.
The General Office of the Sichuan Provincial People's Government accepts applications for information from the provincial government and its General Office. The Provincial Government Information Disclosure Office handles the specific matters.
Step 2: Submission Methods
Applications can be submitted in three ways:
- In person: Submit at the government information disclosure application reception point at the Provincial Government Affairs Service Center. Applicants can obtain the "Government Information Disclosure Application Form" (the Form) on-site, fill it out, and submit it.
- By mail: Send the completed Form along with a copy of valid identification.
- Online: Register on the Sichuan Government Affairs Service Network, log in, and submit an online application. Select the application type, enter your information (such as name and ID number), and you can track the progress online.
For in-person applications, a valid ID must be presented. For mail applications, a copy of valid ID must be attached. For online applications, identity verification is required after registration.
Step 3: Filling Out the Application Form
The application must be made using the Form, which is available at the reception point or can be downloaded from the provincial government portal website. Copies of the Form are valid. Online applications can be filled out directly on the website.
Applicants should describe the required information clearly and specifically. It is recommended to provide the name, document number, or other characteristic descriptions that facilitate the agency's search.
Step 4: Processing and Response
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 agency will inform the applicant in writing, and the extension will not exceed 20 working days. The time required for consulting third parties or other agencies is not counted in the processing period. If the application needs correction, the response period starts from the date the corrected application is received.
If the application content is unclear, the agency will provide guidance and inform the applicant in writing within 7 working days to make corrections, specifying what needs to be corrected and a reasonable deadline. If the applicant fails to correct without justified reasons, the application will be considered abandoned.
The agency's response may vary depending on the information requested:
- If the information can be disclosed, the agency will provide it or inform the applicant of the manner, channel, and time to obtain it.
- If the information is not within the agency's responsibility, the agency will inform the applicant and explain why; if the responsible agency can be identified, its name and contact information will be provided.
- If the application is a repeat of a previous request for the same information, the agency will inform the applicant that no repeated processing will be done.
- For information such as business registration or real estate registration, which is subject to special provisions in laws and administrative regulations, the agency will inform the applicant to handle it according to those provisions.
If the number or frequency of applications significantly exceeds a reasonable scope, the agency may require the applicant to justify the request. If the justification is unreasonable, the agency may refuse to process; if reasonable but cannot be processed within the statutory period, the agency will set a reasonable delay and inform the applicant.
The agency is not obligated to process or analyze existing government information beyond providing it as is, unless a differentiated treatment is allowed under Article 37 of the Regulations.
Fees and Legal Remedies
In accordance with the Regulations, the agency may charge information processing fees based on the "Measures for the Administration of Government Information Disclosure Information Processing Fees" (Guobanhan [2020] No. 109) and provincial regulations.
If an applicant believes that their legitimate rights and interests have been infringed in the government information disclosure process, they may file a complaint or report to the higher-level administrative agency or the competent department of government information disclosure, or apply for administrative reconsideration or initiate administrative litigation according to law.
Practical Tips for Foreign Founders
- Check proactive disclosure first: Before submitting an application, search the government portal and other channels; many documents relevant to business, such as regulations and statistics, are already published.
- Identify the right agency: Use the "Agency Functions" section to find the correct department for your specific information needs, as indicated in the examples above.
- Be specific: Clearly describe the information you need, including document names or numbers, to help the agency process your request efficiently.
- Use online channels: For convenience, register on the Sichuan Government Affairs Service Network to submit and track your application online.
- Note timelines: Responses are generally due within 20 working days, with possible extensions; plan accordingly.
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 company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.