Published by ChinaMNC · Shuangyang

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

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

Why Government Information Matters for Foreign Founders

For foreign entrepreneurs setting up or running a company in Changchun, accessing official government information can be crucial for compliance, planning, and due diligence. China's revised Regulations on Open Government Information (effective May 15, 2019) set out how individuals and organizations can request information from administrative agencies. This guide, based on guidance from the Changchun Municipal Government's open government information authorities, explains the process in practical terms for foreign founders.

Step 1: Identify the Right Agency

Government information is created by the agency responsible for 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 approval results for highway construction project permits.

Therefore, you should direct your request to the agency that created the information you need. Following institutional reforms, some responsibilities have been transferred; in such cases, the receiving agency holds the disclosure obligation. You can check an agency's specific duties on its official website.

Step 2: Prepare and Submit Your Application

The application process generally involves three steps:

1. Review the agency's Open Government Information Guide on its website to understand procedures and precautions.
2. Complete the Government Information Disclosure Application Form, which typically 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;
   • Your preferred format for receiving the information, including the method and channel.
3. Submit the form and proof of identity to the agency's open government information office. If applying by post, send it to that office and mark "Government Information Disclosure Application" on the envelope to avoid delays or loss.

Step 3: Key Considerations When Applying

Keep the following points in mind:

• 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 to create new content.
• Commercial secrets and personal privacy: Information involving trade secrets or personal privacy (such as others' identity, communications, health, marriage, family, or property status) that would harm third-party rights will not be disclosed. However, it may be disclosed if the third party consents or if non-disclosure would significantly affect the public interest.
• Not for petitions or complaints: If you use the information disclosure application to file a petition, complaint, or report, the agency will inform you that it will not be handled as an information disclosure request; you should use the appropriate channels instead.
• Special procedures for certain records: For information such as business registration or real estate registration records, other laws and regulations may prescribe special access procedures that must be followed.
• Avoid repetitive requests: It is not advisable to submit repeated requests for the same matter.

Application Channels

You can submit requests through several channels: in person, by post, or online via the government website's open government information column (http://zwgk.changchun.gov.cn/ysqgk/zx/). Specific channels are listed in each agency's Open Government Information Guide. If an agency's guide does not specify a receiving channel, you may choose any reasonable channel.

Processing Time and Calculation

Agencies must respond to information disclosure requests as follows:

• If the request can be answered on the spot, the agency will do so immediately.
• If not, the agency will respond within 20 working days from receipt of the request.
• If an extension is needed, the agency will inform you; the extension may not exceed 20 working days.

The processing period is calculated from the day after the agency receives the request. 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 signed receipt, the open government information office will confirm with you on the day it receives the request, and the confirmation date is the receipt date.

Responding to a Correction Notice

If you receive a notice requesting corrections, promptly make changes or supplements as specified, within the stated deadline. If you fail to do so without justified reason, your application will be deemed abandoned. The response period will then be recalculated from the date the agency receives your corrected application.

How Agencies Deliver Responses

Agencies may deliver responses in person, by post, or electronically. If delivered by post, they must use postal services; they may not use other courier companies that lack the qualification to deliver official government documents.

Remedies If Your Rights Are Infringed

If you believe your lawful rights have been infringed in the handling of your information disclosure request, you may:

• Complain or report to the higher-level administrative agency or the government's open government information supervisory department;
• Apply for administrative reconsideration; or
• File an administrative lawsuit according to law.

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