Published by ChinaMNC · Yanting

How Foreign Founders Can Access Government Information in Sichuan: A Practical Guide

A guide for foreign founders on how to request and obtain government information from the Sichuan Provincial People's Government and its General Office, including procedures, timelines, and channels.

Accessing Government Information in Sichuan: What Foreign Founders Need to Know

For foreign founders establishing or operating a company in China, understanding how to access government information is essential for compliance and informed decision-making. This guide, based on the official Government Information Disclosure Guide of Sichuan Province, outlines the procedures for obtaining information from the Sichuan Provincial People's Government and its General Office.

Proactive Disclosure: Information Available Without Request

The Sichuan Provincial Government proactively discloses certain categories of information in accordance with the Regulations on the Disclosure of Government Information (State Council Order No. 711). This information is made available to the public through various channels.

What Information Is Proactively Disclosed?

According to the guide, proactively disclosed information includes, but is not limited to:

• Government Structure and Functions: Leadership and division of work, 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.
• Reports and Meetings: Government work reports, important meetings, and information on important official activities attended by provincial leaders.
• 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 service matters.
• 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, measures, and implementation related to poverty alleviation, education, healthcare, social security, and employment promotion; emergency response plans, early warnings, and response actions for public emergencies; supervision and inspection of environmental protection, public health, work safety, food and drug safety, and product quality.
• Personnel Information: Personnel appointments and removals, and civil servant recruitment.
• Other Information: Other government information that laws, regulations, rules, and relevant state provisions require to be proactively disclosed.

Where to Find Proactively Disclosed Information

The government utilizes multiple channels to disseminate this information:

• Official Publications: The Sichuan Provincial People's Government Gazette.
• Online Platforms: The official website of the Sichuan Provincial People's Government; social media accounts such as the "Sichuan Release" Sina Weibo and WeChat official account, and the "Sichuan Provincial People's Government Website" Toutiao account.
• Press Conferences: Provincial government press conferences.
• Other Media: Radio, television, newspapers, and other media.
• Physical Locations: Information is also available at the Sichuan Provincial Government Government Services and Public Resources Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library (information disclosure reception/reading venues).

Timelines for Proactive Disclosure

Government information within the scope of proactive disclosure is made public within 20 working days from the date the information is formed or changed. If laws or regulations provide otherwise, those provisions apply.

Requesting Information: The Application Process

For information not proactively disclosed, citizens, legal persons, and other organizations (applicants) may apply to the Sichuan Provincial People's Government and its General Office to obtain relevant government information.

Determine the Correct Authority

To ensure accurate and efficient access, applicants should first identify the appropriate authority. Applicants can visit the official website of the Sichuan Provincial People's Government and click on "Institutional Functions" to learn about the main responsibilities and institutional setup of provincial administrative organs. Based on the type of information needed, applications should be submitted to the corresponding authority through its designated channels and in accordance with specific instructions.

For example:

• Major Construction Projects: For project approval information, feasibility study reports, etc., apply to the Development and Reform Department.
• Collective Land Expropriation: For related government information, apply to the Natural Resources Department.
• State-owned Land Housing Expropriation and Compensation, Shantytown Renovation: Apply to the municipal or county-level government where the applicant is located and its housing and urban-rural development department.

Submission Methods

The General Office of the Sichuan Provincial People's Government accepts government information disclosure applications submitted in person, by letter, and online. Applications are processed according to the application procedures.

• In Person: The authority has set up a government information disclosure application reception point at the Provincial Government Services 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.
• By Letter: Applicants should download the Application Form from the official website, fill it out, and mail it along with a copy of their valid ID.
• Online: Applicants should register as a user on the Sichuan Government Services Network as prompted, log in, and submit an online application. Select the application type and enter the required information such as name and ID number. The application progress can be tracked online.

Important Application Requirements

• Check Proactive Disclosure First: Before submitting an application, applicants are advised to search the aforementioned proactive disclosure channels to see if the information is already available. If not found, then submit an application. Matters involving petitions, complaints, reports, consultations, or suggestions should be submitted through dedicated channels such as the Governor's Mailbox, the 12345 online message board, or disciplinary inspection reporting.
• Complete the Application Form: The Application Form can be obtained at the reception point or downloaded from the official website. Photocopies are valid. For online applications, the form can be filled out directly online.
• Identification: For in-person applications, a valid ID must be presented. For letter applications, a copy of a valid ID must be attached. For online applications, registration and identity verification on the Sichuan Government Services Network are required before submission.
• Describe Information Clearly: The description of the requested information should be clear and specific. It is recommended to provide the name, document number, or other characteristic description that facilitates the authority's search.
• Supplementary Information: If the application content is unclear, the authority will provide guidance and explanation and, within 7 working days from receipt, inform the applicant in writing of the need to supplement or correct the application, specifying the items to be corrected and a reasonable deadline. If the corrected application does not meet requirements or still cannot identify specific government information, the authority will inform the applicant in writing that the application is unclear and cannot be processed. If the applicant fails to correct within the deadline without justified reasons, the application will be considered abandoned and will not be processed further.

Processing and Response

The authority will respond to applications within 20 working days from receipt, unless an immediate response is possible. If an extension is needed, the head of the government information disclosure work机构 will approve it and notify the applicant in writing; the extension period shall not exceed 20 working days. The time required to consult third parties or other authorities is not counted in the processing period. For applications requiring correction, the response period starts from the date the corrected application is received.

If the number or frequency of applications clearly exceeds a reasonable scope, the authority may require the applicant to explain the reasons. If the reasons are unreasonable, the authority will inform the applicant that the application will not be processed. If the reasons are reasonable but the authority cannot respond within the period specified in Article 33 of the Regulations, it will determine a reasonable delayed response period and inform the applicant.

Depending on the situation, the authority may:

• Provide the requested information if it can be disclosed;
• Inform the applicant that the information is not within its responsibility and, if possible, identify the responsible authority and its contact information;
• Inform the applicant that the application is a repeat of a previous request for the same information and will not be processed again;
• Inform the applicant that the information pertains to business registration, real estate registration, etc., and that other laws or administrative regulations govern access to such information;
• Provide information in a specific format as requested, unless doing so would endanger the security of the information carrier or incur excessively high costs; in such cases, the information may be provided electronically or in another appropriate form, or the applicant may be arranged to inspect or copy the information.

According to Article 42 of the Regulations, the authority charges information processing fees in strict accordance with the "Measures for the Administration of Information Processing Fees for Government Information Disclosure" (Guobanhan [2020] No. 109) and relevant provincial provisions.

Legal Remedies

If an applicant believes that an administrative organ has infringed upon their lawful rights and interests in government information disclosure work, they may, in accordance with Article 51 of the Regulations, complain or report to the higher-level administrative organ or the competent department for government information disclosure work, or apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

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

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