Published by ChinaMNC ยท Dechang
How Foreign Founders Can Access Sichuan Government Information: A Guide to Open Government Rules
A practical guide for foreign founders on how to obtain government information from Sichuan Province, including proactive disclosure, application procedures, and timelines, based on the official government information disclosure guide.
Accessing Government Information in Sichuan: What Foreign Founders Need to Know
For foreign entrepreneurs 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 on government information disclosure, outlining the rights of citizens, legal persons, and other organizations to access information. This article summarizes the key points for foreign founders, based on the official guide.
Proactive Disclosure: Information Available Without Request
The government proactively discloses certain categories of information to ensure transparency and support economic activities. According to the guide, this includes:
- Government structure and rules: Leadership profiles, agency responsibilities, and work rules of the provincial government.
- Regulations and normative documents: Provincial government rules and normative documents issued by the government and its general office.
- Planning and statistics: National economic and social development plans, special plans, regional plans, and related policies, as well as statistical information.
- Administrative matters: Information on administrative licensing, penalties, compulsory measures, and other external management services.
- Financial information: Government budgets and final accounts, 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 and warnings for public incidents; supervision and inspection of environmental protection, public health, work safety, food and drug safety, and product quality.
- Personnel matters: Appointment and removal of government personnel, and civil servant recruitment.
This information is made available through various channels, including the provincial government gazette, the official website, social media accounts (such as Weibo and WeChat), press conferences, and other media like radio, television, and newspapers. Additionally, 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 aims to publish it within 20 working days from the date the information is formed or changed, unless otherwise provided by laws or regulations.
Applying for Information: How to Request Specific Documents
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 guide provides detailed steps:
1. Identify the Correct Agency
Before applying, determine which agency holds the information. You can visit the provincial government website and check the "Agency Functions" section to understand the responsibilities and setup of provincial agencies. For example:
- For information on major construction project approvals and feasibility studies, 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 city or county government and its housing and urban-rural development department.
2. Submit Your Application
Applications can be submitted in three ways:
- In person: Visit the government information disclosure application reception point at the Provincial Government Affairs Service Center, obtain and fill out the "Government Information Disclosure Application Form," and submit it on the spot.
- By mail: Send the application form along with a copy of your valid ID.
- Online: Register on the Sichuan Government Affairs Service Network, complete identity verification, and submit your application online. You can track the progress through the website.
When applying, provide a clear description of the information you need, such as the document name, reference number, or other identifying details. If your request is unclear, the agency will provide guidance and may ask you to supplement your request within 7 working days. If you fail to do so without justified reason, the application may be considered abandoned.
3. Processing and Response
The agency will respond within 20 working days from receipt of the application. If an extension is needed, they will notify you in writing, and the extension will not exceed 20 working days. The time spent consulting third parties or other agencies is not counted in the processing period. If your request is voluminous or frequent beyond reasonable limits, the agency may ask for justification and may refuse to process unreasonable requests.
Possible responses include:
- Providing the information if it is disclosable.
- Informing you that the information is not held by the agency, and if possible, identifying the responsible agency.
- Informing you that the request is a repeat and will not be processed again.
- For information such as business registration or real estate registration, directing you to follow specific laws and regulations.
The agency will provide information in the form you request, unless doing so would endanger the information carrier or incur excessive costs; in such cases, an alternative format or on-site inspection may be arranged.
Fees and Remedies
According to the guide, the agency may charge information processing fees in accordance with the "Measures for the Administration of Government Information Disclosure Information Processing Fees" (Guobanhan [2020] No. 109) and provincial regulations. If you believe your rights are infringed, you can complain to a higher-level agency or the government information disclosure supervisory department, or apply for administrative reconsideration or file an administrative lawsuit.
Practical Tips for Foreign Founders
- Check proactively disclosed information first; it may already answer your questions.
- For matters like complaints, suggestions, or inquiries, use dedicated channels such as the Governor's Mailbox, the 12345 online message platform, or the disciplinary inspection reporting channel, rather than the information disclosure application.
- Ensure your application is specific and includes identifying details to avoid delays.
- Keep in mind the 20-working-day response period and plan accordingly.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.