Published by ChinaMNC · Dehui
How Foreign Founders in China Can Request Government Information in Changchun
A practical guide for foreign founders on filing government information disclosure requests in Changchun, based on the revised Regulations on Open Government Information. Learn which agency to contact, how to apply, key considerations, timelines, and remedies.
Why Government Information Matters for Foreign Founders
For foreign founders setting up or running a company in China, access to official government information can clarify regulatory requirements, land use, environmental rules, and more. Changchun’s government has published a guide on how to request such information under the revised Regulations of the People’s Republic of China on Open Government Information (effective May 15, 2019). This article summarizes that guide for foreign entrepreneurs, focusing on practical steps.
Which Agency Should You Contact?
Government information is produced by the agency that carries out the relevant administrative function. For example:
- Planning and Natural Resources departments produce information on land expropriation.
- Education departments produce information on compulsory education.
- Ecology and Environment departments produce information on environmental impact assessments.
- Transport departments produce information on highway construction project permits.
Identify the type of information you need and direct your request to the corresponding agency. Following institutional reforms, some responsibilities have been transferred; in such cases, the agency that received the function is responsible for disclosure. You can check an agency’s specific duties on its official website.
How to File a Request
Follow these three steps:
Step 1: Read the Agency’s Guide
Visit the agency’s website and read its “Guide to Government Information Disclosure” to understand procedures and precautions.
Step 2: Complete the Application Form
Fill out the Government Information Disclosure Application Form as required by the guide. Include:
- Your name or organization name, identification details, and contact information.
- The name, document number, or other characteristics of the information requested. Describe it as accurately and specifically as possible so the agency can locate it efficiently.
- Your preferred format for receiving the information, including the method and channel.
Step 3: Submit the Form and Identification
Submit the completed form and proof of identity to the agency’s government information disclosure office. If applying by postal mail, send it to that office and mark the envelope “Government Information Disclosure Application” to avoid delays or loss.
Key Considerations
Keep the following points in mind:
- Existing information only: The agency is not required to process or analyze existing information; it only provides information it has already produced or obtained.
- Third-party rights: If the requested information involves trade secrets or personal privacy (such as identity, communications, health, marriage, family, or financial status) and disclosure would harm a third party’s rights, the agency will not disclose it. However, disclosure may occur if the third party consents or if the agency determines that non-disclosure would significantly affect the public interest.
- Not for complaints or petitions: Requests made in the form of petitions, complaints, or reports will not be handled as information disclosure requests; you will be directed to the appropriate channel.
- Special procedures: For information such as business registration or real estate registration records, other laws and regulations may prescribe special access procedures, which should be followed.
- Avoid repetitive requests: It is not advisable to submit repeated requests for the same matter.
Available Channels
You can submit a request in person, by postal mail, or online through the government website’s information disclosure column (http://zwgk.changchun.gov.cn/ysqgk/zx/). Check each agency’s guide for specific channels. If an agency’s guide does not list a reception channel, you may choose any reasonable method to submit your request.
Response Time and Calculation of Deadlines
Agencies will respond immediately if possible. If not, they will reply within 20 working days from receipt of the request. If an extension is needed, the agency will inform you; the extension may not exceed another 20 working days.
The processing period starts the day after the request is received. For in-person submissions, the receipt date is the submission date. For postal submissions, it is the date the agency signs for the mail. For ordinary letters without signature, the disclosure office will confirm with you on the day it receives the request, and that confirmation date is the receipt date.
Handling Supplementary Requests
If you receive a notice to supplement your request, promptly make the required changes or additions within the specified period. If you fail to do so without justification, your request will be deemed abandoned. The response period then starts from the date the agency receives the supplemented request.
How Agencies Deliver Responses
Agencies may deliver responses in person, by postal mail, or electronically. If delivered by mail, they must use a postal enterprise; other express delivery companies without the qualification to handle official government documents may not be used.
Remedies if Your Rights Are Infringed
If you believe an agency has infringed your lawful rights in handling your information disclosure request, you may:
- Complain or report to the higher-level agency or the government information disclosure supervisory department.
- Apply for administrative reconsideration.
- File an administrative lawsuit.
These remedies are available under the law.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.