Published by ChinaMNC ยท Yushu
How Foreign Founders Can Request Government Information in Changchun: A Practical Guide
A guide for foreign founders on how to request government information from Changchun authorities under China's revised Open Government Information Regulations, including which agency to contact, how to apply, timelines, and remedies.
Accessing Government Information in Changchun: What Foreign Founders Need to Know
For foreign entrepreneurs setting up or running a company in China, understanding local regulations and procedures is essential. China's revised Regulations on Open Government Information (effective May 15, 2019) set out how individuals and organizations can request government information. This article explains the process for foreign founders operating in Changchun, based on guidance from the Changchun Municipal Government's open government information authorities.
Which Agency Should You Contact?
The first step is to identify the administrative organ that created the information you need. Each agency produces information according to its administrative functions. For example:
- Planning and Natural Resources Departments handle land expropriation information.
- Education Departments handle compulsory education information.
- Ecology and Environment Departments handle environmental impact assessment information.
- Transport Departments handle approval results for highway construction project permits.
Due to institutional reforms, some administrative functions have been transferred to other agencies; the responsibility for information disclosure follows the function. You can check an agency's specific responsibilities on its official website.
How to Submit an Application
Follow these three steps:
- Visit the agency's website and read its "Government Information Disclosure Guide" to understand procedures and precautions.
- Complete the Government Information Disclosure Application Form, which requires:
- Your name or organization name, identification information, and contact details.
- The name, document number, or other characteristics of the information requested; describe it as accurately and specifically as possible to help the agency locate it.
- The form in which you prefer to receive the information (e.g., method and channel).
- Submit the form and proof of identity to the agency's government information disclosure office. If applying by mail, send it to that office and mark "Government Information Disclosure Application" on the envelope to avoid delays.
Key Points to Note When Applying
- Existing information only: The information requested must already exist; agencies are not required to process or analyze existing information to create new information.
- Sensitive information: Information involving trade secrets or personal privacy (e.g., others' identity, communications, health, marriage, family, or financial status) that could harm third-party rights will not be disclosed. However, it may be disclosed if the third party consents or if non-disclosure could significantly affect the public interest.
- Not for petitions or complaints: Requests made in the form of petitions, complaints, or reports will not be handled as information disclosure requests; use the appropriate channels for those matters.
- Special procedures: For information such as business registration or real estate registration records, other laws and regulations may prescribe special access procedures; follow those procedures.
- Avoid repetitive requests: It is advisable not to submit repeated requests for the same matter.
Available Application Channels
Applications can generally be submitted in person, by mail, or online through the government website's information disclosure column (http://zwgk.changchun.gov.cn/ysqgk/zx/). Check each agency's "Government Information Disclosure Guide" for details. If an agency has not published its receiving channels, you may choose any reasonable channel.
Response Time and Calculation of Processing Period
Agencies must respond immediately if possible, or within 20 working days from receipt of the application. If an extension is needed, the agency will inform you; the extension may not exceed 20 working days.
The processing period starts the day after the application is received. For in-person submissions, the submission date is the receipt date. For mailed applications, the date the agency signs for receipt is the receipt date. For ordinary mail without signature, the information disclosure office will confirm with you on the day it receives the application, and the confirmation date is the receipt date.
What to Do If You Receive a Correction Notice
If you receive a notice to correct or supplement your application, make the changes within the specified time. If you fail to do so without justified reason, your application will be considered withdrawn. The response period will then be calculated from the date the agency receives your corrected application.
How Agencies Deliver Responses
Agencies may deliver responses in person, by mail, or electronically. If by mail, they must use postal enterprises; other courier companies without the qualification to deliver official 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 administrative organ or the government information disclosure supervisory department.
- Apply for administrative reconsideration.
- File an administrative lawsuit.
Practical Takeaways for Foreign Founders
For foreign founders, knowing how to request government information can help you navigate local regulations, verify procedures, and ensure compliance. Remember to:
- Identify the correct agency for your query.
- Describe the information you need precisely.
- Submit your application through official channels and keep proof of submission.
- Respond promptly to any correction requests.
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 registering and operating a company in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.