Open Records Laws › China

China

Ordinance on Openness of Government Information

Ordinance on Openness of Government Information (regulations, adopted 2007)

RTI Rating: 75 (source)

Response Timeline

Initial Response
20 days
Extension
20 days
Residency Required
None

Initial deadline is 20 business days from receipt. Extensions up to 20 additional business days permitted. Time spent consulting third parties or other agencies is excluded from the deadline calculation.

How to Submit a Request

Accepted Methods

  • {'notes': 'Letters or electronic documents accepted', 'method': 'Written'}
  • {'notes': 'Permitted only where there is genuine difficulty using written form; official will complete application on behalf of requester', 'method': 'Oral'}

Written forms (including electronic documents) are the standard submission method. Oral requests are accommodated for those with difficulty writing, with officials transcribing the request.

Required Elements

  • Applicant's name
  • Proof of identification
  • Contact method
  • Name, document number, or other characteristic description of requested information
  • Preferred format for receiving information

Fees

Information requests are free of charge under Article 42. Fees may only be charged when requests "clearly exceed reasonable limits," but specific amounts are not defined in the Regulations and are to be determined by State Council departments.

Fee Waivers

  • Fees are generally prohibited by default. The baseline rule is that requests are free, providing implicit protection for all requesters including low-income individuals.

Exemptions

  • State Secrets
    Information designated as state secrets under the State Secrets Law
  • Information Prohibited by Law
    Information prohibited from disclosure by laws and regulations
  • National Security and Stability
    Information that "might endanger national security, public safety, economic security, or social stability"
  • Commercial Secrets
    Commercial secrets where disclosure would cause harm to third parties. Must disclose if third party consents or non-disclosure creates major impact on public interest.
  • Personal Privacy
    Personal privacy where disclosure would cause harm to third parties. Must disclose if third party consents or non-disclosure creates major impact on public interest.
  • Internal Administrative Matters
    Internal matters including personnel, logistics, and work processes. May be disclosed if required by law or regulation.
  • Deliberative Process
    Deliberation records, drafts, consultation letters, and requests for instruction during decision-making process
  • Law Enforcement Case Files
    Administrative law enforcement case files

China's exemptions follow a three-tier structure: (1) Mandatory exemptions for state secrets, legally prohibited information, and national security/stability threats (Art. 14); (2) Conditional exemptions for commercial secrets and personal privacy subject to public interest override (Art. 15); and (3) Discretionary exemptions for internal administrative matters (Art. 16). Public interest override applies only to commercial secrets and personal privacy (Arts. 15, 32) where non-disclosure would create "major impact on public interest." No public interest override exists for state secrets or national security exemptions.

Appeal Process

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China scores 12/30 on RTI Rating appeals criteria. Key weakness: no independent oversight body exists for external administrative review. Internal complaints go to supervisory departments within the same government structure. Administrative reconsideration (to superior agencies) and judicial litigation are available, with burden of proof on the government in court. However, courts have limited remedial powers beyond "ordering corrections." No clear timelines for administrative complaints; reconsideration is governed by the Administrative Reconsideration Law (revised 2024, effective Jan 1, 2024). Reportedly no lawyer required for appeals, but attorney fee recovery is not provided under OGI Regulations.

Sources & References