Published by ChinaMNC · Erdao

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

A step-by-step guide for foreign founders on requesting government information in Changchun, covering which agency to contact, how to apply, timelines, and remedies, based on the revised Open Government Information Regulations.

Accessing Government Information in Changchun: What Foreign Founders Need to Know

For foreign founders establishing or operating a company in China, understanding local government procedures is essential. Changchun's municipal government has published guidance on how to request government information under the revised Regulations of the People's Republic of China on Open Government Information, effective May 15, 2019. This article summarizes the key points from that guidance, tailored for foreign entrepreneurs.

Which Agency Should You Contact?

The first step is to identify the administrative organ that created the information you need. Different agencies produce different types of information based on their functions. For example:

• Planning and Natural Resources Departments handle land expropriation information.
• Education Departments manage compulsory education information.
• Ecology and Environment Departments produce environmental impact assessment information.
• Transport Departments issue information on road construction project permits.

Due to recent institutional reforms, some responsibilities have been transferred. The agency now holding the responsibility is the one to approach. You can check an agency's specific duties on its official website.

How to Submit an Application

Follow these three steps:

1. Read the agency's "Government Information Disclosure Guide" on its website to understand procedures and precautions.
2. Fill out the "Government Information Disclosure Application Form" according to the guide. The form requires:
   • Your name or organization name, identification details, and contact information.
   • A clear and specific description of the information requested (name, document number, or other characteristics) to help the agency locate it accurately.
   • Your preferred format for receiving the information (e.g., method and channel).
3. Submit the form and proof of identity to the agency'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 delays.

Key Points to Remember When Applying

• Existing information only: Agencies are only required to provide information they have already created or obtained; they are not obligated to process or analyze existing information.
• Commercial secrets and personal privacy: Information involving commercial secrets or personal privacy (such as others' identity, communications, health, marriage, family, or property status) will not be disclosed if it could harm third-party rights. However, disclosure may occur if the third party consents or if non-disclosure would significantly affect public interest.
• Not for complaints or petitions: Applications made in the form of petitions, complaints, or reports will not be handled as information disclosure requests; alternative channels should be used.
• Special procedures for certain information: For information such as business registration or real estate registration records, other laws and regulations may prescribe specific access procedures.
• Avoid repetitive requests: It is not advisable to submit repeated applications for the same matter.

Application Channels

You can submit applications in person, by post, 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 no channel is specified, you may use any reasonable method.

Processing Time and Calculation

Agencies must respond immediately if possible. Otherwise, they will reply within 20 working days from receipt. If an extension is needed, they will notify you, and the extension cannot exceed another 20 working days.

The processing period starts the day after the application is received. For in-person submissions, the receipt date is the submission date. For postal submissions, it is the date the agency signs for it. For ordinary mail without signature, the agency will confirm receipt with you on the day it receives the application, and that confirmation date counts as the receipt date.

What If You Receive a Correction Notice?

If your application requires correction, you will receive a notice specifying what needs to be corrected and the deadline. You should make the changes promptly. If you fail to correct without justified reason, your application will be considered withdrawn. The response period then restarts from the date the agency receives the corrected application.

How Will the Agency Deliver Its Response?

Responses may be delivered in person, by post, or electronically. If by post, the agency must use China Post; other courier services without national official document delivery qualifications are not permitted.

Remedies If Your Rights Are Infringed

If you believe your lawful rights have been violated in the information disclosure process, 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.

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

Need assistance? Foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535 for help registering and operating a company in China.