Published by ChinaMNC · Zhaoyang

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

A concise guide for foreign founders on requesting government information in Changchun, covering which agency to contact, how to apply, key considerations, timelines, and remedies, based on the revised 2019 Regulations.

Accessing Government Information in Changchun: A Guide for Foreign Founders

For foreign founders setting up or running a company in China, understanding how to obtain government information is essential for compliance and informed decision-making. The revised Regulations of the People's Republic of China on the Disclosure of Government Information (the "Regulations") took effect on May 15, 2019, introducing changes and adjustments to the general provisions, subjects and scope of disclosure, disclosure upon request, and supervision and safeguards. The Changchun Municipal Government's government affairs disclosure authority provides the following guidance for applicants.

This article summarises the key points from the official guide, framed for foreign founders who may need to request information from local agencies.

Which Agency Should You Apply To?

The first step is to identify the administrative organ that created the information. Each organ produces government information according to its administrative functions. For example:

The planning and natural resources department produces information on land expropriation.
The education department produces information on compulsory education.
The ecology and environment department produces information on environmental impact assessments.
The transport department produces information on the approval results of highway construction project permits.

Applicants should therefore direct their request to the appropriate organ based on the type of information needed. Following institutional reforms, some functions have been transferred; the responsibility for disclosing corresponding information rests with the organ receiving the transferred functions, and applications should be made to that organ. Specific responsibilities can be checked on the organ's official website.

How to Submit an Application

There are three steps to apply to an administrative organ:

Step 1: Read the Guide

Visit the organ's website and carefully read its "Guide to Government Information Disclosure" to understand the procedures and precautions.

Step 2: Complete the Application Form

Fill in the "Government Information Disclosure Application Form" in accordance with the guide. The form mainly includes:

(1) The applicant's name or title, identity information, and contact details;
(2) The name, document number, or other characteristic description of the government information requested; the description should be as accurate and specific as possible to enable precise retrieval by the organ;
(3) The format requirements for the information, including the manner and channel of obtaining it.

Step 3: Submit the Form and Identification

Submit the application form and proof of identity to the organ's government information disclosure office. If submitting by post, send it to that office and mark "Government Information Disclosure Application" on the envelope to avoid omissions or delays.

Key Considerations When Applying

Existing information only: The information requested should be information that the organ has already produced or obtained. The organ is not obliged to process or analyse existing information.
Commercial secrets and personal privacy: If the requested information involves commercial secrets or personal privacy (such as others' identity, communications, health, marriage, family, or property status) and disclosure would harm third-party rights, the organ shall not disclose it. However, it may be disclosed if the third party consents or if the organ believes non-disclosure would significantly affect the public interest.
Not for petitions or complaints: If an application is used for petitions, complaints, or reports, the organ will inform the applicant that it will not be handled as a government information disclosure request; such matters should be raised through appropriate channels.
Special procedures for certain information: For information such as industrial and commercial registration or real estate registration data, where laws or regulations have special provisions on access, those provisions must be followed.
Avoid repetitive applications: It is advisable not to submit repeated applications for the same matter.

Application Channels

Main channels include in-person application, application by post, and online application via the government website's government information disclosure column (http://zwgk.changchun.gov.cn/ysqgk/zx/). For details, check each organ's "Guide to Government Information Disclosure." If an organ's guide does not publish a receiving channel, applicants may choose any reasonable channel to submit.

Response Time and Calculation of Processing Period

Upon receiving an application, the organ will respond immediately if possible. If not, it will respond within 20 working days from the date of receipt. If an extension is needed, the organ must inform the applicant, and the extension shall not exceed 20 working days.

The processing period is calculated from the day after the organ receives the application. For in-person submissions, the date of submission is the date of receipt. For postal submissions, the date of receipt by the organ is the date of receipt. For submissions by ordinary mail without signed receipt, the government information disclosure office will confirm with the applicant on the day of receiving the application, and the confirmation date is the date of receipt.

Handling a Notice to Supplement Information

If the applicant receives a notice to supplement or correct the application, they should promptly make changes or supplements according to the items and deadline specified by the organ. If the applicant fails to supplement without justified reason within the deadline, the application will be deemed abandoned. The response period will be recalculated from the date the organ receives the supplemented application.

Delivery Methods

The organ's response will be delivered by direct delivery, post, or electronic delivery. If delivered by post, the organ should use a postal enterprise and may not use other express delivery companies that do not have the qualification to deliver state documents.

Remedies

If an applicant believes that an organ has infringed their lawful rights in the government information disclosure process, they may complain or report to the higher-level administrative organ or the competent department for government information disclosure, or 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.