Published by ChinaMNC · Shuangliu
How Foreign Founders Can Access Government Information in Sichuan: A Practical Guide
A guide for foreign founders on requesting and accessing government information from the Sichuan Provincial People's Government and its General Office, including procedures, timelines, and fees.
Accessing Government Information in Sichuan: What Foreign Founders Need to Know
For foreign founders 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 procedures for both proactive disclosure and upon-request access. This article summarizes the key points for foreign entrepreneurs.
Proactive Disclosure: Information Available Without Request
The Sichuan Provincial Government proactively discloses a wide range of information in accordance with the Regulations of the People's Republic of China on the Disclosure of Government Information (State Council Order No. 711). This includes:
- Leadership and division of work of the provincial government, institutional setup and main responsibilities, and work rules;
- Provincial government regulations and normative documents issued by the provincial government and its General Office;
- Government work reports, important meetings, and information on leaders' attendance at major official activities;
- National economic and social development plans, special plans, regional plans, and related policies, as well as statistical information;
- Administrative licensing, penalties, compulsory measures, and other external management service matters;
- Financial budgets and final accounts, government centralized procurement, and administrative fee information;
- Approval and implementation of major construction projects;
- Major livelihood issues: policies and measures on poverty alleviation, education, healthcare, social security, employment promotion, and their implementation; emergency plans, early warnings, and responses to public emergencies; supervision and inspection of environmental protection, public health, work safety, food and drug safety, and product quality;
- Personnel appointments and removals, and recruitment of civil servants;
- Other information required by laws, regulations, and rules.
This information is made available through various channels, including the Sichuan Provincial People's Government Gazette, the provincial government portal website, social media accounts (Sina Weibo, WeChat public account, and Toutiao account of "Sichuan Release"), press conferences, and other media such as radio, television, and newspapers. Additionally, government information is accessible at the Sichuan Provincial Government Affairs Service and Public Resource Trading Service Center, the Sichuan Provincial Archives, and the Sichuan Provincial Library.
Information within the scope of proactive disclosure is made public within 20 working days from the date of formation or change. Where laws and regulations provide otherwise, those provisions apply.
Requesting Information: Procedures and Requirements
Citizens, legal persons, and other organizations (referred to as applicants) may apply to the Sichuan Provincial People's Government and its General Office for government information beyond what is proactively disclosed. To ensure accurate and efficient processing, applicants should first identify the appropriate agency. The Sichuan Provincial Government portal website provides a "Institutional Functions" section where applicants can learn about the main responsibilities and setup of provincial administrative agencies. Based on the type of information sought, applicants should submit their request through the corresponding agency's designated channels. For example, for information on approval of major construction projects or feasibility study reports, apply to the Development and Reform Department; 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 local city or county government and its housing and urban-rural development department.
The General Office of the Sichuan Provincial People's Government accepts government information disclosure applications submitted in person, by letter, or online. The Provincial Government Information Disclosure Office handles the specific matters.
Submission Methods
- In person: Applicants can visit the government information disclosure application acceptance point at the Provincial Government Affairs Service Center, obtain and fill out the "Government Information Disclosure Application Form" (the Application Form), and submit it on the spot.
- By letter: Applicants should download the Application Form from the provincial government portal website, fill it out, and mail it along with a copy of their valid ID.
- Online: Applicants can register on the Sichuan Government Affairs Service Network, log in, select the application type, and enter the required information such as name and ID number. They can then track the application progress online.
Important Notes for Applicants
- Before submitting a request, applicants are advised to check the proactively disclosed information through the aforementioned channels. If the information is not available, then submit an application. Matters related to letters and visits, complaints, reports, consultations, or suggestions should be submitted through dedicated channels such as the Governor's Mailbox, 12345 online message, or disciplinary inspection reporting.
- The Application Form must be completed. It can be obtained at the acceptance point or downloaded from the portal website. Photocopies are valid. For online applications, the form can be filled out electronically.
- For in-person applications, a valid ID must be presented. For mail applications, a copy of a valid ID must be attached. For online applications, identity verification is required through the Sichuan Government Affairs Service Network.
- The description of the requested information should be clear and specific. It is recommended to provide the name, document number, or other characteristic descriptions that facilitate the search.
- If the application content is unclear, the agency will provide guidance and notify the applicant within 7 working days from receipt to make corrections, specifying the items to be corrected and a reasonable correction period. If the corrected application still does not specify the information, the agency will inform the applicant in writing that the application cannot be processed. If the applicant fails to correct without justified reasons, the application will be considered abandoned.
Processing and Response
Upon receiving an application, the agency will respond within 20 working days, except for cases that can be answered on the spot. If an extension is needed, the head of the government information disclosure work机构 will approve it and notify the applicant in writing; the extension period shall not exceed 20 working days. The time required to consult third parties or other agencies is not counted in the processing period. For applications requiring correction, the response period starts from the date the corrected application is received.
If the number or frequency of applications significantly exceeds a reasonable range, the agency may require the applicant to provide reasons. If the reasons are unreasonable, the agency will inform the applicant that the application will not be processed. If the reasons are reasonable but the response cannot be made within the period specified in Article 33 of the Regulations, the agency will determine a reasonable delayed response period and inform the applicant.
The agency will provide the requested information in the form requested by the applicant, based on the actual situation of the information's preservation. If providing in the requested form may endanger the security of the information carrier or incur excessively high costs, the agency may provide it in electronic data or other appropriate forms, or arrange for the applicant to inspect and copy the information.
In accordance with Article 42 of the Regulations, the agency charges information processing fees in strict accordance with the "Measures for the Administration of Information Processing Fees for Government Information Disclosure" (Guobanhan [2020] No. 109) and relevant provincial provisions.
Fees and Legal Remedies
Information processing fees may apply as per the above regulations. If an applicant believes that an administrative agency has infringed upon their lawful rights and interests in government information disclosure, they may complain or report to the higher-level administrative agency or the competent department of government information disclosure, or apply for administrative reconsideration or file 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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