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Accessing Sichuan Provincial Government Information: A Practical Guide for Foreign Founders

A practical overview of how foreign founders can obtain government information from the Sichuan Provincial People's Government and its General Office, including proactive disclosure, application procedures, timelines, and fees.

Why Government Information Access Matters for Foreign Founders

Foreign founders setting up or running a company in Sichuan may need official government information to understand regulations, approvals, and policies affecting their business. The Sichuan Provincial People's Government and its General Office publish a guide explaining how citizens, legal persons, and other organizations can access government information. The guide is issued under the Regulation of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711, referred to as the Regulation).

The stated purpose is to improve government information services, protect lawful access to information, increase transparency, support a rule-of-law government, and help government information serve production, daily life, and economic and social activities.

Information Disclosed Proactively

Under the principles of fairness, impartiality, legality, and convenience, the government proactively discloses information that affects public interests, that the public needs to know broadly, or that requires public participation in decision-making. It also discloses other information required by laws, regulations, rules, and national provisions. The scope of proactive disclosure is increased over time in line with higher-level administrative arrangements.

Main Categories of Proactive Disclosure

The guide lists the following categories of information disclosed proactively under Articles 19 and 20 of the Regulation:

Where Information Is Published

Proactively disclosed information is made available through several channels:

Information is also made public through the Sichuan Provincial Government Government Services and Public Resources Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library. These locations also serve as venues for accepting and consulting government information.

Timing of Proactive Disclosure

Information within the scope of proactive disclosure is published within 20 working days from the date it is formed or changed. Where laws or regulations provide otherwise, those provisions apply.

Requesting Information That Is Not Proactively Disclosed

Beyond proactively disclosed information, citizens, legal persons, and other organizations (applicants) may apply to the Sichuan Provincial People's Government and its General Office for relevant government information.

Identify the Correct Agency First

To obtain information accurately and quickly, applicants should first determine which agency they need to approach. Applicants can visit the Sichuan Provincial People's Government portal website and use the "Institutional Functions" section to learn about the main duties and organizational setup of provincial administrative agencies. They should then submit an application to the appropriate agency through the channels that agency has opened, following its specific usage instructions.

The guide gives examples of which agency to approach for certain types of information:

Who Handles Applications

Under Articles 3, 10, 27, and 28 of the Regulation, the General Office of the Sichuan Provincial People's Government accepts applications for government information made to the provincial government and the General Office. The Provincial Government Information Disclosure Office specifically handles government information disclosure matters for the agency.

The General Office accepts applications submitted in person, by letter, and online, and processes them according to the application procedure.

Practical Tips Before Applying

How Applications Are Answered

The guide describes several possible responses:

Processing Time Limits

Except where a reply can be given on the spot, the agency replies within 20 working days of receiving the application. If an extension is needed, the head of the agency's government information disclosure office must approve it and notify the applicant in writing. The extension may not exceed 20 working days.

Time spent consulting third parties and other agencies is not counted in the processing period. For applications requiring correction, the reply period starts from the date the agency receives the corrected application.

If the number or frequency of an applicant's requests clearly exceeds a reasonable scope, the agency may ask the applicant to explain the reason. If the reason is unreasonable, the agency informs the applicant that the request will not be processed. If the reason is reasonable but a reply cannot be given within the period set by Article 33 of the Regulation, the agency determines a reasonable delayed reply period and informs the applicant.

Form of Provision and Fees

Except where the Regulation's Article 37 allows differentiated handling, the agency provides information according to its actual records and is not obliged to process or analyze existing government information.

The agency determines the specific form of provision based on the applicant's request and its actual records. If providing information in the requested form could endanger the safety of the information carrier or make disclosure costs too high, the agency provides it through electronic data or another appropriate form, or arranges for the applicant to inspect or transcribe the information.

Under Article 42 of the Regulation, the agency charges information processing fees strictly in accordance with the Notice of the General Office of the State Council on Issuing the Measures for the Administration of Government Information Disclosure Information Processing Fees (Guobanhan [2020] No. 109) and relevant provincial provisions.

If You Believe Your Rights Are Infringed

Under Article 51 of the Regulation, applicants who believe an administrative agency has infringed their lawful rights in government information disclosure work may complain or report to the higher-level administrative agency or the competent government information disclosure department. They may also apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

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

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