On October 8, Premier Li Keqiang presided over the State Council executive meeting, deliberating and passing the "Optimization of the Business Environment Regulations (Draft)" (hereinafter referred to as the Regulations), and providing institutional guarantees for the investment and development of various market entities by government legislation. It is understood that this is the first time such regulations have been introduced at the national level. The key point is "to establish a basic system of business environment that treats all types of market entities, such as domestic and foreign-funded enterprises, equally." Among them, "the same is true for all kinds of market players" has also been eagerly watched by the outside world. Some experts told Red Star News that "equality and fairness" are also the core of the regulation. [10月8日，国务院总理李克强主持召开国务院常务会议，审议通过《优化营商环境条例（草案）》（以下简称条例），以政府立法为各类市场主体投资兴业提供制度保障。 据了解，这也是国家层面首次出台此类条例。重点是“确立对内外资企业等各类市场主体一视同仁的营商环境基本制度规范”。其中“对各类市场主体一视同仁”也被外界热切关注。有专家向红星新闻表示，“平等、公平”也是该条例体现的核心。] (《优化营商环境条例（草案）》核心是：平等、公平 Regulation of Optimization of Business Environment(draft): the core value is equality and fairness).The object of the legislation is to develop rules that set a "tone at the top" for equal treatment of business that is meant to respond to a number of long time criticism of operation of the market in China--criticisms that reflected the frustrations of domestic business elements.The regulation focuses on a number of key areas: (1) protection of entities; (2) development of a fair market environment; (3) the fair provision of government services; (4) supervision and enforcement; and the (5) the role of law in protecting fair market environments. The object is to further the "establishment of a unified, open and competitive modern market system, promote the free flow of all types of production factors in accordance with the law, and ensure that all market entities participate in market competition fairly" (Article 5).
Those interested in data driven governance, framed through rule of law structures, and its extension to all enterprises operating in (and query whether also with Chinese enterprises outside) might well consider Article 30 of this Draft:
Article 30 The State strengthens the construction of a social credit system, and continuously promotes the construction of government integrity, business integrity, social integrity and judicial public trust, enhances the integrity awareness and credit level of the whole society, safeguards credit information security, and strictly protects trade secrets and personal privacy.
The real question, of course, will be the way that the state and its organs can bridge the sometimes large gap between the elegance of its regulatory pronouncements with the realities of implementation--especially at the provincial and sub-provincial levels. To those ends, governmental regimes of social credit, rigorously applied, might be a valuable first step. The Regulation (Draft) 优化营商环境条例 [Optimization of the Business Environment Ordinance] follows along with some Chinese official press coverage (all with crude English translation).
The "Regulations on Optimizing the Business Environment" was passed at the 66th executive meeting of the State Council on October 8, 2019. It is hereby promulgated and will be implemented as of January 1, 2020.
October 22, 2019
Optimization of the Business Environment Ordinance
Regulation of Optimization of Business Environment
Chapter 1 General
Article 1 These Regulations are formulated in order to continuously optimize the business environment, continuously emancipate and develop social productive forces, accelerate the construction of a modern economic system, and promote high-quality development.
Article 2 The business environment referred to in these Regulations refers to the institutional and institutional factors and conditions involved in the market economy activities of market entities such as enterprises.
Article 3 The state continues to deepen the administration of decentralization, decentralization, and optimization of service reforms, minimizing the direct allocation of government resources to the market, minimizing direct government intervention in market activities, strengthening and standardizing post-event supervision, and making efforts to improve The ability and level of government service will effectively reduce the cost of institutional transactions, and stimulate market vitality and social creativity to enhance development momentum.
The people's governments at all levels and their departments shall adhere to the openness and transparency of government affairs, and make the decision-making, execution, management, service, and publicity of results comprehensively promoted with the exception of openness and non-disclosure.
Article 4: Optimizing the business environment should adhere to the principles of marketization, rule of law, and internationalization. Guided by the needs of market entities, with a profound transformation of government functions as the core, innovative institutional mechanisms, enhanced synergy, and improvement of the rule of law, benchmarking internationally advanced The level creates a stable, fair, transparent and predictable environment for all types of market entities to invest in the industry.
Article 5 The State shall expedite the establishment of a unified, open and competitive modern market system, promote the free flow of all types of production factors in accordance with the law, and ensure that all market entities participate in market competition fairly.
Article 6 The State encourages, supports and guides the development of the non-public sector of the economy and stimulates the vitality and creativity of the non-public sector of the economy.
The state further expanded its opening to the outside world, actively promoted foreign investment, and treated various market entities such as domestic-funded enterprises and foreign-invested enterprises equally.
Article 7 The people's governments at all levels shall strengthen the organization and leadership of optimizing the business environment, improve the policies and measures to optimize the business environment, establish and improve the relevant mechanisms for overall promotion, supervision and implementation of the work environment to optimize the business environment, and coordinate and solve the optimization camp in a timely manner. Major issues in the business environment.
The relevant departments of the people's governments at or above the county level shall, in accordance with the division of responsibilities, do a good job in optimizing the business environment. The local people's governments at or above the county level can clearly define the competent departments for the business environment work according to the actual situation.
The State encourages and supports all regions and departments to combine actual conditions and actively explore original and differentiated measures to optimize the business environment within the framework of the rule of law; if errors or deviations in exploration are met and the conditions are met, they may be exempted or mitigated. responsibility.
Article 8 The State establishes and improves the business environment evaluation system oriented by market entities and social public satisfaction, and exerts the leading and supervising role of the business environment evaluation to optimize the business environment.
Conducting business environment evaluation shall not affect the normal work of all regions and departments, and shall not affect the normal production and operation activities of market entities or increase the burden on market entities.
No unit may use the business environment assessment to seek benefits.
Article 9 Market entities shall abide by laws and regulations, abide by social morality and business ethics, be honest and trustworthy, conduct fair competition, and fulfill their legal obligations in terms of safety, quality, protection of laborers' rights and interests, protection of consumer rights, etc., and follow international rules in international economic and trade activities.
Chapter II Protection of market entity
Article 11 Market entities enjoy the autonomy of operation according to law. No unit or individual may intervene in any matter that should be independently decided by the market subject according to law.
Article 12 The State guarantees all types of market entities to use all kinds of production factors and public service resources such as funds, technology, human resources, land use rights and other natural resources in accordance with the law.
All types of market entities are equally applicable to the state's policy of supporting development. The government and its relevant departments shall treat all types of market entities equally in terms of government funding arrangements, land supply, tax reductions, qualification permits, standards development, project declaration, job title evaluation, and human resources policies, and may not formulate or implement discriminatory Policy measures.
Article 13 Bidding and bidding and government procurement shall be open, transparent, fair and equitable, and treat market entities of all types of ownership and different regions equally according to law, and shall not restrict or exclude them with unreasonable conditions or sources of origin of products.
Relevant government departments should strengthen bidding and bidding and government procurement supervision, and correct and investigate violations of laws and regulations according to law.
Article 14 The State protects the property rights and other lawful rights and interests of market entities in accordance with the law and protects the personal and property safety of business operators.
It is strictly forbidden to violate the statutory powers, conditions and procedures for the enforcement of administrative compulsory measures such as the seizure, freezing and seizure of the property of the market entity and the personal property of the business operator; if it is necessary to implement the aforementioned administrative enforcement measures in accordance with the law, it shall be limited to the necessary scope.
It is forbidden to require market participants to provide financial, material or manpower assessments in addition to the provisions of laws and regulations. Market entities have the right to refuse any form of apportionment.
Article 15 The State establishes a punitive damages system for intellectual property infringement, promotes the establishment of a rapid synergy protection mechanism for intellectual property rights, improves the diversified settlement mechanism for intellectual property disputes and the intellectual property rights assistance mechanism, and increases the protection of intellectual property rights.
The state continued to deepen trademark registration and patent application facilitation reform, and improved the efficiency of trademark registration and patent application examination.
Article 16 The State shall strengthen the protection of the rights and interests of small and medium-sized investors, improve the protection mechanism for small and medium-sized investors, safeguard the right to know and participate of small and medium-sized investors, and enhance the convenience of small and medium-sized investors in safeguarding their legitimate rights and interests.
Article 17 Unless otherwise stipulated by laws and regulations, market entities have the right to decide to join or withdraw from social organizations such as chambers of commerce, and no unit or individual may intervene.
Except as otherwise stipulated by laws and regulations, no unit or individual may compel or disguise the market entity to participate in the appraisal, compliance, commendation, training, assessment, examination and similar activities, and may not charge or disguise the market subject by the aforementioned activities.
Article 18 The State promotes the establishment of a national unified market entity rights protection service platform to provide efficient and convenient rights protection services for market entities.
Chapter III Market Environment
Article 19 The State shall continue to deepen the reform of the commercial system, unify the enterprise registration business norms, unify the data standards and platform service interfaces, and adopt a unified social credit code for registration management.
The state promotes the reform of “certification of licenses” and continues to streamline the business licenses of enterprises. According to the law, it adopts direct cancellation of examination and approval, examination and approval, filing of records, implementation of notification commitments, optimization of examination and approval services, etc., and classified management of all business licenses. It is convenient to carry out related business activities after obtaining a business license. Except for the specific areas stipulated by laws and administrative regulations, the business licenses of enterprises shall not be used as preconditions for enterprise registration.
The relevant government departments shall, in accordance with the relevant provisions of the State, simplify the procedures required for enterprises to go through the application and establishment to have general operating conditions. Within the time limit set by the state for the establishment of enterprises, each region shall determine and disclose the specific processing time.
Where an enterprise applies for registration of relevant changes such as residence, the relevant department shall handle it in a timely manner and shall not be restricted. Except as otherwise stipulated by laws, regulations and rules, the valid licenses held by an enterprise after its relocation are not repeated.
Article 20 The State shall continue to relax market access and implement a unified national market access negative list system. In areas other than the negative market access list, all types of market entities can enter the country on an equal footing.
Each region and department shall not separately formulate a negative list of market access nature.
Article 21: Relevant government departments shall increase anti-monopoly and anti-unfair competition law enforcement, effectively prevent and stop monopolistic behaviors, unfair competition behaviors and abuse of administrative power to exclude and restrict competition, and create fairness. Competitive market environment.
Article 22 The State establishes a sound, unified, open and competitive human resources market system, breaks the discrimination of urban and rural areas, regions, industries, identity, gender, etc., and promotes orderly social mobility and rational allocation of human resources.
Article 23 The government and its relevant departments shall improve policy measures and strengthen innovative services, encourage and support market entities to expand innovation space, continue to promote innovations in products, technologies, business models and management, and give full play to market players in promoting the transformation of scientific and technological achievements. The role of.
Article 24 The government and its relevant departments shall strictly implement the state's tax reduction and fee reduction policies, timely study and solve specific problems in the implementation of policies, and ensure that the tax reduction and fee reduction policies comprehensively and timely benefit the market players.
Article 25 The establishment of government funds, administrative fees for enterprises, and enterprise-related deposits shall be based on laws and administrative regulations or approved by the State Council. For government funds, enterprise-related administrative fees, enterprise-related deposits, and government-operated service-based charges, the list of directories is managed and disclosed to the public. The aforementioned charges and deposits outside the list of catalogues may not be enforced. Promote the use of financial institution guarantees instead of cash to pay the enterprise-related deposit.
Article 26 The State encourages and supports financial institutions to increase support for private enterprises and small and medium-sized enterprises, and reduce the comprehensive financing costs of private enterprises and small and medium-sized enterprises.
The financial supervision and administration department shall improve the supervision and evaluation and incentive mechanism for financial institutions such as commercial banks, encourage and guide them to increase credit supply to private enterprises and small and medium-sized enterprises, and reasonably increase the support for medium and long-term loans and credit loans, and improve the efficiency of loan approval.
Financial institutions such as commercial banks may not set unreasonable conditions in credit granting, and may not impose discriminatory requirements on private enterprises and small and medium-sized enterprises. Financial institutions such as commercial banks shall regulate the charging behavior in accordance with the relevant provisions of the State, and shall not charge unreasonable fees to the service objects in violation of regulations. Commercial banks shall openly open service standards, tariff standards and processing time limits for corporate accounts to the public.
Article 27 The State promotes the healthy development of multi-level capital markets, broadens the financing channels of market entities, supports qualified private enterprises and small and medium-sized enterprises to issue stocks, bonds and other financing instruments according to law, and expands the scale of direct financing.
Article 28 Public enterprises and institutions such as water supply, power supply, gas supply and heat supply shall disclose information such as service standards and tariff standards to the public, provide safe, convenient, stable and reasonable prices for market participants, and may not force market entities. Unreasonable service conditions may be accepted and no unreasonable fees may be charged in any name. All regions shall optimize the reimbursement process and determine and disclose the specific processing time within the time limit for filing and filing within the state.
The relevant government departments shall strengthen the supervision and management of the operation of public enterprises and institutions.
Article 29 Trade associations of trade associations shall, in accordance with laws, regulations and articles of association, strengthen self-discipline in the industry, reflect industry demands in a timely manner, and provide services such as information consultation, publicity and training, market development, rights protection, and dispute resolution for market entities.
The state strictly regulates the fees, evaluations, certifications, etc. of trade associations of trade associations in accordance with the law.
Article 30 The State strengthens the construction of a social credit system, and continuously promotes the construction of government integrity, business integrity, social integrity and judicial public trust, enhances the integrity awareness and credit level of the whole society, safeguards credit information security, and strictly protects trade secrets and personal privacy.
Article 31 The local people's governments at various levels and their relevant departments shall perform the policy commitments made to the market entities in accordance with the law and the various types of contracts concluded according to law, and shall not be subject to administrative division adjustment, government change, institutional or functional adjustment, and replacement of relevant responsible persons. Waiting for the breach of contract. If the state's interests and social public interests need to change policy commitments or contractual agreements, they shall be conducted in accordance with the statutory authority and procedures, and shall compensate the losses suffered by the market entities according to law.
Article 32 State organs or institutions shall not default on goods, works, services and other accounts that are in arrears with the market entities. Large enterprises may not use their superior status to default on the accounts of small and medium-sized enterprises.
The people's governments at or above the county level and their relevant departments shall increase the efforts to clear the accounts of the main organs of the state organs and institutions, and strengthen the management of the budget and strict accountability to establish and prevent the state organs and institutions from defaulting on the market. Long-term mechanism for the main account.
Article 33 The relevant government departments shall optimize the process of cancellation of market entities, streamline application materials, compress processing time, and reduce cancellation costs. For market entities that have not started production or business activities or have no debts and debts after the establishment, they can be cancelled in accordance with the summary procedure. For market entities with creditor's rights and debts, they will be cancelled in time after the creditor's rights and debts are resolved according to law.
Local people's governments at or above the county level shall, as needed, establish a coordination mechanism for corporate bankruptcy work and coordinate and resolve related issues involved in the bankruptcy of enterprises.
Chapter IV Government Service
Article 34 The government and its relevant departments shall further enhance their service awareness, effectively change their work style, and provide standardized, convenient and efficient government services for market participants.
Article 35 The government and its relevant departments shall promote the standardization of government service, and shall standardize and standardize the disclosure of government affairs (including administrative power matters and public service matters, the same below) in accordance with the requirements of reducing links, reducing materials, and reducing time limits. Workflow and service guides, refine the standard of government service standards, reduce discretion, and promote the same matter to implement undifferentiated acceptance and standard handling. There is no legal, regulatory or regulatory basis, and no conditions or links for handling government affairs may be added.
Article 36 The government and its relevant departments shall, in accordance with the actual conditions, implement the system of on-the-spot settlement, one-time settlement, and time-limited settlement, etc., to achieve centralized processing, nearest processing, online processing, and remote operation. Where the market entity is required to supplement relevant materials and procedures, it shall inform the contents that need to be corrected at one time; if it is necessary to carry out on-site reconnaissance, on-site inspection, technical review, and hearing demonstration, it shall be arranged in time and within a limited time.
Where laws, regulations, rules, and relevant state regulations have provisions on the time limit for handling government affairs, they shall be concluded as soon as possible within the prescribed time limit; if there is no provision, the time limit shall be determined in accordance with the principle of reasonableness and efficiency and shall be settled on time. All regions may further reduce the time within the time limit for handling government affairs as stipulated by the state, and shall disclose it to the public; if the time exceeds the processing time, the handling unit shall publicly explain the reasons.
Where local people's governments at various levels have established government service halls, all kinds of government service matters within their respective administrative areas shall generally be handled in the administrative service hall. The service window for the department in the government service hall shall be created as a comprehensive window to provide one-stop service.
Article 37 The State shall expedite the construction of a national integrated online government service platform (hereinafter referred to as an integrated online platform), and promote the implementation of “one network through the country” for government service matters. Except where otherwise stipulated by laws and regulations or involving state secrets, matters of government service shall be handled in an integrated online platform in accordance with the steps determined by the State Council.
The country relies on an integrated online platform to promote the integration of government information systems, optimize government processes, and promote cross-regional, cross-departmental, and cross-level data sharing and business collaboration for government services. The government and its relevant departments shall provide data sharing services in accordance with relevant state regulations, timely upload relevant government service data to an integrated online platform, and strengthen the management of shared data using the whole process to ensure the security of shared data.
The state establishes an electronic license sharing service system to realize cross-regional and inter-departmental sharing of electronic certificates and mutual recognition and mutual recognition across the country. All regions and departments should strengthen the promotion and application of electronic licenses.
All regions and departments shall promote the comprehensive integration of the government service hall and the government service platform. The market entity has the right to independently choose the channels for handling government services, and the administrative agencies may not restrict the channels for handling.
Article 38 The government and its relevant departments shall publicize the laws, regulations, rules, administrative normative documents and various policy measures involving market entities through the government website and integrated online platform, and strengthen them through various channels and methods. Propaganda interpretation.
Article 39 The State strictly controls the establishment of new administrative licenses. The new administrative license shall be strictly set in accordance with the Administrative Licensing Law and the provisions of the State Council, and the legality, necessity and rationality shall be examined and demonstrated. No administrative license may be established for matters that can be resolved through post-event supervision or market mechanism, and the Administrative Licensing Law and the State Council may not establish an administrative license. It is strictly forbidden to file, register, register, catalogue, plan, annual inspection, annual report, supervision, and identification. , certification, validation, and any other form of disguised setting or implementation of an administrative license.
The law, administrative regulations and the State Council have decided to stipulate relevant
Article 40 The State implements an administrative license list management system, adjusts the list of administrative licenses in a timely manner and announces them to the public. Administrative licenses may not be illegally implemented outside the list.
The state has greatly streamlined existing administrative licenses. The administrative agency may not continue to implement or disguise the administrative license that has been cancelled, and may not be transferred to the Chamber of Commerce or other organizations.
For matters concerning the implementation of administrative license management, the administrative organ shall optimize the examination and approval services, improve the efficiency of examination and approval, and reduce the burden on the market subject through various methods such as integrated implementation and decentralization of approval levels. Those who meet the relevant conditions and requirements may apply in accordance with the relevant regulations.
Article 41 Local people's governments at or above the county level shall deepen the reform of the investment approval system, standardize investment approval procedures according to the nature of the project and the scale of investment, streamline the examination and approval requirements, simplify technical review matters, and strengthen construction conditions such as project decision-making, land use, and planning. The implementation of the coordination, implementation and related approvals online in parallel.
Article 42 Local people's governments at or above the municipal level with districts shall, in accordance with relevant state regulations, optimize the approval process for engineering construction projects (excluding special projects and major projects in the fields of transportation, water conservancy, energy, etc.), and implement parallel approval and multi-map The joint review and joint completion acceptance methods will simplify the examination and approval procedures and improve the efficiency of examination and approval.
In the development zones, new zones and other qualified areas established according to law, regional assessments shall be carried out in accordance with relevant state regulations, and local people's governments at or above the municipal level shall organize the construction of important mineral resources and geological disasters in certain regions. Conduct a unified assessment and no longer make separate assessment requirements for market players in the region. The cost of the regional assessment shall not be borne by the market entity.
Article 43. The intermediary service matters (hereinafter referred to as statutory administrative examination and approval intermediary services) as the conditions for administrative examination and approval shall have the basis of laws, regulations or the State Council's decision; if there is no basis, it shall not be used as a condition for administrative examination and approval. The intermediary service agency shall clearly define the conditions, procedures, time limits and charging standards for the statutory administrative examination and approval intermediary services, and disclose them to the public.
The state has accelerated the decoupling of intermediary service agencies from administrative agencies. The administrative organ may not designate or disguise the intermediary service organization for the market entity; in addition to the statutory administrative examination and approval intermediary service, it may not force or disguise the mandatory market entity to accept the intermediary service. The institutions affiliated to the administrative organ, the social organizations in charge, and the enterprises they hold shall not carry out intermediary services related to the administrative examination and approval of the agency, except as otherwise provided by laws and administrative regulations.
Where an administrative agency needs to entrust an intermediary service agency to carry out technical services in the process of administrative examination and approval, it shall choose an intermediary service institution through a competitive approach, and bear the service expenses on its own, and shall not pass it on to the market entity.
Article 44 The certification matters shall be based on laws, regulations or the decision of the State Council.
To set up certification matters, we should adhere to the principle of being absolutely necessary and strictly controlled. If it is possible to handle the adoption of statutory licenses, statutory documents, written notification commitments, internal verification by government departments and inter-departmental verification, network verification, contract vouchers, etc., which can be covered or replaced by other materials, and the issuing unit cannot investigate and verify, no proof may be set. matter.
The relevant government departments shall publish a list of certification items, item by item, set the basis for the request, request the unit, issue the unit, and apply for the guide. Outside the list, government departments, public enterprises and service agencies should not ask for proof. All regions and departments should strengthen the mutual recognition and sharing of certificates and avoid duplication of proof.
Article 45 The government and its relevant departments shall, in accordance with the relevant requirements of the State to promote cross-border trade facilitation, reduce the examination and approval items of import and export links, eliminate unnecessary regulatory requirements, optimize the customs clearance process, improve customs clearance efficiency, and clean up the standard ports. Charges, reduce customs clearance costs, and promote the unified operation of related businesses in the port and international trade through the "single window" of international trade.
Article 46 The taxation authority shall streamline the taxation information and procedures, declare the number of tax payment, disclose the time limit for tax-related matters, reduce the taxation time, increase the promotion of the use of electronic invoices, and gradually realize the full-time online taxation. , continue to optimize tax services.
Article 47 The real estate registration agency shall, in accordance with the relevant provisions of the State, strengthen departmental cooperation, implement real estate registration, transaction and tax payment, accept and process in parallel, compress processing time, and reduce handling costs. Within the time limit for the registration of immovable property as stipulated by the state, each region shall determine and disclose the specific processing time.
The state promotes the establishment of a unified registration system for movable property and rights guarantees, and gradually realizes that market entities handle registration of movable assets and rights guarantees on a platform. The scope of movable property and rights included in the unified registration publicity system is separately specified.
Article 48 The government and its relevant departments shall, in accordance with the requirements for constructing a new relationship between government and business, establish a smooth and effective communication mechanism between government and enterprises, adopt various methods to listen to the reflections and appeals of market entities in a timely manner, and understand the market entities’ production and management. Difficulties and problems, and help them solve them according to law.
To establish a communication mechanism between government and enterprises, we should fully respect the will of market entities, enhance pertinence and effectiveness, and must not interfere with the normal production and operation activities of market entities, and must not increase the burden on market entities.
Article 49 The government and its relevant departments shall establish convenient and smooth channels to accept complaints and reports concerning the business environment.
Article 50 The news media shall promptly and accurately publicize the measures and effects of optimizing the business environment, and create a good public opinion atmosphere for optimizing the business environment.
The state encourages public opinion supervision of the business environment, but it is forbidden to fabricate false information or distorted facts for false reporting.
Chapter 5 Supervision and enforcement
Article 51 The relevant government departments shall strictly abide by the laws, regulations and responsibilities, implement the supervisory responsibilities, clarify the object and scope of supervision, clarify the regulatory powers, and supervise the market entities in accordance with the law to achieve full supervision.
Article 52 The State shall improve its open and transparent regulatory rules and standards system. The relevant departments of the State Council shall formulate nationally unified and concise regulatory rules and standards in different areas and make them public to the public.
Article 53 The government and its relevant departments shall, in accordance with the requirements of the State for accelerating the construction of a new type of credit-based supervision mechanism, innovate and improve credit supervision, strengthen the support for credit supervision, strengthen the organization and implementation of credit supervision, and continuously improve credit. Regulatory effectiveness.
The government and its relevant measures shall, in accordance with the requirements of the State for accelerating the construction of a new credit-based regulatory mechanism, innovate and improve credit supervision, strengthen the support for credit supervision, strengthen the organization and implementation of credit supervision And and constantly improve the efficiency of credit supervision.
Article 54: The State implements “double random and open disclosure” supervision. Except for special industries and key areas directly related to public safety and people's life and health, administrative inspections in the field of market supervision shall be conducted by randomly selecting inspection objects and randomly selecting law enforcement. Inspectors, spot checks, and investigation results are promptly disclosed to the public. Multiple inspection items for the same inspection object should be merged as much as possible or included in the cross-sector joint sampling.
For special industries and key areas directly involved in public safety and people's life and health, we will implement full coverage of key supervision in accordance with the law, and strictly regulate the procedures for key supervision; problems found through complaints, reports, transfer, data monitoring, etc. It should be inspected in a targeted manner and handled in accordance with the law.
Article 55 The government and its relevant departments shall, in accordance with the principle of encouraging innovation, implement inclusive and prudent supervision of new technologies, new industries, new forms of business, and new models, and formulate and implement corresponding regulatory rules and standards for their nature and characteristics. To keep room for development while ensuring quality and safety, it must not be simplified or not regulated.
Article 56 The government and its relevant departments shall make full use of the Internet, big data and other technical means, rely on the online supervision system established by the state, strengthen the collection and sharing of regulatory information, and promote the integration of remote supervision, mobile supervision and early warning. The off-site supervision, which is characterized by characteristics, enhances the level of precision and intelligence of supervision.
Article 57 The State shall establish and improve a cross-departmental and inter-regional administrative law enforcement linkage response and cooperation mechanism to achieve interconnection of illegal clues, interoperability of regulatory standards, and mutual recognition of processing results.
The state has coordinated the allocation of administrative law enforcement functions and law enforcement resources, implemented comprehensive administrative law enforcement in relevant fields, integrated and streamlined law enforcement teams, reduced law enforcement entities and law enforcement levels, and improved grassroots law enforcement capabilities.
Article 58 The administrative law enforcement agencies shall, in accordance with the relevant provisions of the State, comprehensively implement the administrative law enforcement public notice, the administrative law enforcement process record and the major administrative law enforcement decision legal system audit system, to achieve timely and accurate disclosure of administrative law enforcement information, and the entire process of administrative law enforcement. Retrospective management, major administrative enforcement decisions, legal review, full coverage.
Article 59 In administrative law enforcement, non-mandatory means such as persuasion education, persuasion demonstration, and administrative guidance shall be promoted and administrative compulsory administration shall be implemented cautiously. If non-mandatory means can achieve administrative purposes, administrative enforcement may not be implemented; if the illegal act is minor or the social harm is small, administrative enforcement may not be implemented; if administrative enforcement is required, the normal production of the market entity shall be reduced as much as possible. The impact of business activities.
Activities such as clean-up and rectification and special rectification shall be carried out in strict accordance with the law. Except for the safety of the people, serious accidents or major national events, and the approval of the competent authorities, the relevant industries and fields may not be adopted in the relevant regions. Measures for the general suspension of production and closure of market entities.
It is forbidden to link the penalty income to the interests of administrative law enforcement agencies.
Article 60 The State shall improve the system of discretionary discretion in administrative law enforcement, reasonably determine the scope, type and extent of discretion, and standardize the exercise of discretion in administrative law enforcement.
Chapter VI Protection of the rule of law
Article 61 The State shall, in accordance with the needs of optimizing the business environment, formulate or revise or abolish relevant laws, regulations, rules and administrative normative documents in a timely manner in accordance with statutory authority and procedures.
The reform measures to optimize the business environment involve adjustments to the implementation of existing laws and administrative regulations, etc., and may be tried first after authorization by the competent authority in accordance with legal procedures.
Article 62 The formulation of administrative regulations, rules, and administrative normative documents closely related to the production and operation activities of market entities shall fully listen to the opinions of market entities and trade associations' chambers of commerce in accordance with the provisions of the State Council.
In addition to the need for confidentiality in accordance with the law, the formulation of administrative regulations, rules, and administrative normative documents closely related to the production and operation activities of market entities shall be openly solicited opinions through the newspapers and the Internet, and a sound feedback mechanism for the adoption of opinions shall be established. The time limit for public comment to the public is generally not less than 30 days.
Article 63 The formulation of administrative regulations, rules and administrative normative documents closely related to the production and operation activities of market entities shall be conducted in accordance with the provisions of the State Council for fair competition review.
To formulate administrative normative documents concerning the rights and obligations of market entities, the legality review shall be conducted in accordance with the provisions of the State Council.
If the market entity believes that the local regulations are in conflict with the administrative regulations, or if the regulations are in conflict with the laws and administrative regulations, they may submit a review proposal to the State Council in writing, and the relevant authorities shall handle the procedures in accordance with the prescribed procedures.
Article 64 If there are no laws, regulations or decisions of the State Council and the basis of the order, the administrative normative documents shall not derogate from the legitimate rights and interests of the market entities or increase their obligations, and shall not set market access and exit conditions, and shall not interfere with the normal production and operation activities of the market entities.
Administrative normative documents involving the rights and obligations of market entities shall be published in accordance with statutory requirements and procedures, and may not be used as administrative basis for unpublished.
Article 65 The formulation of administrative regulations, rules and administrative normative documents closely related to the production and operation activities of the market entities shall, in conjunction with the actual situation, determine whether the necessary adjustment period for the market entities is set aside.
The government and its relevant departments shall coordinate and rationally grasp the rhythm of regulations and administrative normative documents, comprehensively evaluate the effects of policies, and avoid adversely affecting the normal production and operation activities of market entities due to policy superposition or mutual inconsistency.
Article 66 The State shall improve the organic convergence and mutual coordination of diversified dispute resolution mechanisms such as mediation, arbitration, administrative ruling, administrative reconsideration and litigation, and provide efficient and convenient dispute resolution methods for market participants.
Article 67: The State strengthens the publicity and education of the rule of law, implements the legal responsibility system of state organs, improves the ability of state employees to perform their duties according to law, guides market entities to operate legally, protects their legitimate rights and interests in accordance with the law, and constantly enhances the rule of law awareness of the whole society. The business environment provides basic support.
Article 68 The government and its relevant departments shall integrate public legal service resources such as lawyers, notarization, judicial appraisal, mediation, arbitration, etc., accelerate the construction of the public legal service system, comprehensively improve the ability and level of public legal services, and optimize the business environment. Provide a full range of legal services.
Article 69 If the government and relevant departments and their staff members have one of the following circumstances, they shall be held accountable according to law:
(1) Matters that should be decided by the market subject independently by illegal intervention;
(2) Formulating or implementing policy measures and treating all types of market entities equally according to law;
(3) Administrative compulsory measures such as seizure, freezing and seizure of the property of the market entity and the personal property of the business operator in violation of the statutory authority, conditions and procedures;
(4) requiring market entities to provide financial, material or human resources in addition to the provisions of laws and regulations;
(5) There is no legal or regulatory basis, and compulsory or disguised mandatory market participants to participate in appraisal, compliance, recognition, training, assessment, examination and similar activities, or to charge or disguise the market participants through the aforementioned activities;
(6) Establishing government funds, administrative and institutional fees, and enterprise-related deposits in violation of the law;
(7) Failing to perform the policy commitments made to the market participants in accordance with the law and the various types of contracts concluded in accordance with the law, or the goods, works, services and other accounts that are in default in the market subject;
(8) Disguised setting or implementing an administrative license, continuing to implement or disguised the implementation of the cancelled administrative license, or transferring to the industry association chamber of commerce or other organizations to implement the cancelled administrative license;
(9) Designating or disguising the intermediary service organization for the market entity, or forcing the market entity to accept the intermediary service;
(10) When formulating administrative regulations, rules, and administrative normative documents closely related to the production and operation activities of the market entities, the opinions of market entities and trade associations' chambers of commerce shall not be heard in accordance with the provisions;
(11) Other circumstances that do not perform the duties of optimizing the business environment or impairing the business environment.
Article 70 If a public enterprise or institution has one of the following circumstances, the relevant department shall order it to make corrections and pursue legal responsibility according to law:
(1) not to disclose information such as service standards, tariff standards, and processing time limits to the public;Article 71 If an industry association chamber of commerce or an intermediary service agency has any of the following circumstances, the relevant department shall order it to make corrections and pursue legal responsibility according to law:
(2) forcing the market subject to accept unreasonable conditions of service;
(3) Unreasonable fees are charged to market entities.
(1) Conducting fees, evaluations, certifications, etc. in violation of the law;
(2) illegally intervening in the market entities to join or withdraw from social organizations such as trade associations;
(3) There is no legal or regulatory basis, forcing or disguising the mandatory market participants to participate in the appraisal, compliance, recognition, training, assessment, examination and similar activities, or to charge the market participants or disguised charges;
(4) not exposing the conditions, procedures, time limits and charging standards for the statutory administrative examination and approval intermediary services to the public;
(5) Enforcement of intermediary services by mandatory market participants in violation of the law or in disguise.
Chapter VII Supplementary (Supplementary)
Article 72 These Regulations shall come into force on January 1, 2020.
2019-10-09 08:06 Source: China Government Network
On October 8, Premier Li Keqiang presided over the State Council executive meeting, deliberating and passing the "Optimization of the Business Environment Regulations (Draft)", and providing government guarantees for various market entities to invest in the industry.
The meeting pointed out that implementing the Party Central Committee and the State Council to deploy and formulating special administrative regulations to promote the market-oriented legalization of the international business environment is an important factor in deepening reform and opening up, promoting fair competition, enhancing market vitality and economic endogenous driving force, and promoting high-quality development. Initiative. The meeting passed the "Optimization of Business Environment Regulations (Draft)", focusing on the needs of market entities, focusing on transforming government functions, and raising the effective experience of the "disposal" reform in recent years to regulations and establishing the international advanced level. The basic system of business environment for all types of market entities, such as domestic and foreign-funded enterprises, is treated equally.
1. More power to decentralize. Continue to relax market access, implement a unified national market access negative list system, promote “separation of licenses”, and reduce the procedures for enterprises to start and cancel. All localities must open to the public to open licenses, tax, bank accounts, and access. For the processing time limit of electricity, etc., if the time limit is exceeded, the handling unit shall publicly explain the reasons. Real estate registration, transactions and tax payment will be accepted and processed in parallel. Further streamline administrative licensing and approval, and implement a notification commitment system for matters such as permits and certificates that need to be retained. Strictly control the establishment of new administrative licenses, and any new ones must be examined and approved in strict accordance with the law.
2. Standardize and innovate regulatory enforcement. In addition to direct involvement in special industries and key areas such as public safety and people's life and health, it is necessary to implement "double random, one open" supervision. Promote "Internet + regulation." Inclusive and prudent supervision of emerging industries.
3. Strengthen the protection of market entities. To protect the autonomy of market entities and the personal and property safety of business operators in accordance with the law, it is strictly forbidden to impose administrative compulsory measures such as seizure and seizure on the property of market entities and individual operators in violation of legal authority and procedures. Guarantee the equal use of production factors by all types of market entities and enjoy equal access to state support policies. Establish and improve mechanisms for punitive damages for intellectual property infringement and rights protection assistance.
4. Highlight the openness and transparency of government affairs. Advance government affairs services are handled without discrimination and with the same standards. Public utilities such as water, electricity and heat shall disclose information such as service standards and tariff standards. To formulate laws, regulations, and administrative normative documents closely related to the production and operation activities of market entities, the opinions of market entities and industry associations should be heard in accordance with the regulations. If there is no basis such as laws and regulations, administrative normative documents shall not detract from the legitimate rights and interests of market entities or increase their obligations.
5. Strict accountability. It is necessary to blame the government and its staff for violations of laws and regulations and acts of indiscriminate acts, arbitrary charges for public enterprises and institutions, industry association chambers of commerce and intermediary service agencies for illegal appraisal and compulsory market entities to accept intermediary services.
Xinhua News Agency, Beijing, October 9th Issue: Treating all market players equally - Interpretation of the "Optimization of Business Environment Regulations (Draft)"
Xinhua News Agency reporter Zhao Wenjun
The State Council executive meeting on the 8th deliberated and passed the "Optimization of the Business Environment Regulations (Draft)" to provide institutional guarantees for the investment and development of various market entities by government legislation. Experts said that the regulations focus on the needs of market entities, focus on transforming government functions, and raise the effective experience of the "distribution" reforms in recent years into regulations, and establish the same international advanced level and establish equalization of domestic and foreign-funded enterprises and other market players. The basic institutional norms of the business environment are of great significance.
Treat all market players equally
"All market entities must be treated equally, and a bowl of water is flat." Liu Junhai, a professor at Renmin University of China Law School, said that the government must not favor certain enterprises or deprive or restrict the legitimate rights and interests of other enterprises in order to enhance their own interests. Investor ownership is biased in nature, and it cannot be discriminated against between rich and poor enterprises, between large and small enterprises, between domestic and foreign companies, and between local and foreign companies.
Liu Junhai said that to create a stable, transparent, fair and predictable legal business environment, one is a good law, so the introduction of regulations is of great significance. The second is good governance and promote the modernization of business environment governance. The regulations propose five major measures, such as decentralization and decentralization, protection of market participants' rights and interests, and strict accountability. They are both a comprehensive summary of successful experiences and a reasonable expectation of market participants.
Liu Junhai said that at present, the international ranking of China's business environment is constantly improving, but there is still a gap with social expectations. The business environment is composed of a series of specific and measurable indicators, and the regulations must be implemented. "The law is not enough to be self-sufficient." It is necessary for enterprises to withdraw from the market from establishment to liquidation, from corporate governance to shareholder protection. Every link and node has laws to follow.
The content of the regulations is closely related to the frontier of reform
"In the context of the administration of decentralization, integration of management, and optimization of service reform, the introduction of regulations has strong practical significance and strong necessity," said Xiao Jiangping, director of the Center for Competition Law at Peking University.
Xiao Jiangping said that the regulations cover "market entities", "market environment", "government services", "regulatory law enforcement" and "legal guarantees". The contents are substantial and comprehensive, and many of the issues mentioned are critical and closely related to the frontiers of reform. The implementation of the "distribution service" reform, the determination and strength of the business environment to further optimize the business environment.
"The entire regulation can be condensed into several key words: legal, fair, limited, and protection." Xiao Jiangping said. According to the law, there is no clear legal basis, and it should not be an act of derogating from the market subject rights; fairness, that is, market intervention, financial subsidies, tax incentives and other government interventions and promotion measures should treat all market entities fairly. Implement a fair and competitive censorship system in a more comprehensive and in-depth manner; limit power, that is, regulate or restrict public power according to law, and put power into the cage of the system. The power limit should be extended to government staff, extended to public enterprises and institutions, trade associations and intermediary service agencies; protection rights, which is the core of the value orientation of the regulations, that is, to protect and maintain the legality of market entities through various paths. Rights and interests.
Give investors a reassurance
The regulations propose to strengthen the protection of market entities. To protect the autonomy of market entities and the personal and property safety of business operators in accordance with the law, it is strictly forbidden to impose administrative compulsory measures such as seizure and seizure on the property of market entities and individual operators in violation of legal authority and procedures.
Liu Junhai said, "There are perseverances in those who have permanent production," the premise is that there is constant law. Appearing in the form of administrative regulations of the State Council helps to consolidate the foundation of property rights protection and play a leading role in the system. Protect the rights and interests of market entities, including investors, shareholders, entrepreneurs, company directors, executives, professional managers, etc. By strengthening the protection of property owners, promoting entrepreneurship, promoting the sustainable development of enterprises, and improving investors' sense of well-being, sense of acquisition and security.
Liu Junhai said that the key to comprehensively deepening reforms is to rationalize the relationship between the government and the market, the relationship between the government and enterprises, and the relationship between the market and enterprises. Under what circumstances should the government take responsibility and when it depends on the invisible hand, the regulations further clarify the enforcement mechanism of supervision. When the market fails, the regulator must take responsibility and make a difference.
"Currently, the whole society is very concerned about the regulations. Where the investment environment is good, where is the hot spot for investment." Liu Junhai said that to see the positive effect of the regulations on promoting investment and attracting foreign investment, this will give investors a reassurance. Under the background of increasing downward pressure on the economy and increasing uncertainty in the external economic environment, the introduction of regulations not only has great practical significance, but also has far-reaching historical significance.
2019-10-10 14:47 Source: Red Star News
On October 8, Premier Li Keqiang presided over the State Council executive meeting, deliberating and passing the "Optimization of the Business Environment Regulations (Draft)" (hereinafter referred to as the Regulations), and providing institutional guarantees for the investment and development of various market entities by government legislation.
It is understood that this is the first time such regulations have been introduced at the national level. The key point is "to establish a basic system of business environment that treats all types of market entities, such as domestic and foreign-funded enterprises, equally." Among them, "the same is true for all kinds of market players" has also been eagerly watched by the outside world. Some experts told Red Star News that "equality and fairness" are also the core of the regulation.
“The preparation time for the regulations is not very long, but in such a short period of time, it is possible to introduce such a comprehensive regulation that takes into account all aspects of the market, and the formulation process itself can reflect the overall attitude of the government to optimize the business environment, and the service market. A spirit of the main body." Ma Xiaobai, an associate researcher at the Development Research Center of the State Council, said in an interview with the Red Star journalist that the regulation clearly defined the overall work and scope of the business environment.
"From the government documents to the national regulations, this practice is conducive to the implementation of policies in the country. At the same time, the regulations put forward accountability, must be responsible according to law, and provide a legal basis for the next step." Ma Xiaobai said.
Multiple rounds of discussion finally came out
Solve the problem of a flat bowl of water
“Optimizing the business environment” is one of the key words of this year's legislative plan.
In May of this year, the General Office of the State Council issued the "State Council's 2019 Legislative Work Plan", which first proposed the formulation of regulations for optimizing the business environment, and clearly drafted by the National Development and Reform Commission, the Ministry of Commerce, the Ministry of Finance, and the General Administration of Market Supervision. On July 14, the relevant departments publicly solicited opinions on the "Regulations on Optimizing the Business Environment (Draft for Comment)".
"In order to build the regulations, a number of rounds of discussions were held internally, and an expert certification meeting was held. The opinions of various ministries and the whole society were also sought, and the final draft was finalized. The whole consideration is very comprehensive." Ma Xiaobai said.
The passage of the Bill on October 8th means that the effective experience in the reform of the “distribution service” has been raised to regulations in recent years. This includes continuing to relax market access; implementing inclusive and prudent supervision of emerging industries; ensuring equal use of production factors by various market entities and equal access to state support policies.
The Red Star journalist noted that the draft Regulations mentioned greater decentralization and continued relaxation of market access. The State Council executive meeting stated that the state implements a unified national market access negative list system, and industries, fields, and businesses outside the negative market access list can enter the market equally.
"The highlight of the regulation is to emphasize fair competition," economist Chang Xiuze said to the Red Star News that the "Regulations" drafted "two flats together", that is, equal use of production factors, fair participation in market competition, and equal protection by law. “This is the soul of the entire business environment.”
Ma Xiaobai also agrees with this. She said that “the ability to treat all types of market entities equally” is also the biggest highlight of this regulation.
Chang Xiuze believes that the starting point of the "Regulations" is good. He pointed out that in the real market environment, property rights protection was not in place, and it was difficult for state-owned and private enterprises to have a bowl of water. These are the pain points and difficulties that have long plagued market players, and they urgently need to be resolved through legalization.
Bai Ming, deputy director of the International Market Research Institute of the Ministry of Commerce, told Red Star News that the introduction of the regulations not only deepened the development of “distribution suits”, but also clearly defined the role of the government in it, which is also the future development. Come more space.
Bai Ming believes that the pain point of the business environment in the past was that the legal regulations, transparency, and government services were not in place. However, in this Bill, the government affairs were made public and transparent, and it was mentioned that “the promotion of government service matters is not subject to different acceptance and the same standards. ”
Bai Ming also mentioned the protection of market players. The "Regulations" also strengthened the protection of market entities, pointed out that the market autonomy of market entities and the personal and property safety of business operators should be protected according to law. It is strictly forbidden to crack down and seize the property of market entities and individual operators in violation of legal authority and procedures. And other administrative enforcement measures. “Let investors have a reassurance.”
The "Regulations" also emphasizes the more tolerant measures for emerging industries, mentioning "inclusive and prudent supervision of emerging industries."
China’s business environment has improved significantly
"The government has introduced a lot of policies, not like how to manage it, but more to adapt to the trend of market innovation in the process of business, and the government's rules are also changing." The second Hongqiao International held in September this year. At the Economic Forum Interpretation Meeting, Red Star News reporters also learned from some experts about the business environment.
Wang Jian, a professor at the School of International Economics and Trade at the University of International Business and Economics, believes that trade in the world has reached a crossroads. It is also because of the business environment of the company, the ecological environment has changed, and new business models and new formats have emerged. The old way of management, or the government's regulatory policies have to be innovative.
"In recent years, we have seen that the government has indeed introduced new regulatory methods in accordance with the current market rules, adapting to new formats and new models, making our operations, international trade and international investment more convenient. In this regard, especially government information technology. Means to supervise and greatly improve efficiency, which is also a very important aspect of the changing business environment."
The World Bank's "2019 Business Environment Report" shows that China's business environment has jumped from 78th to 46th in the global ranking, increasing 32 places, entering the world's top 50 for the first time, and releasing the World Bank's business environment report. China’s best ranking since.
“China’s business environment, especially in the last two or three years, has been greatly improved in the world.” Wang Jian said that the World Bank has its indicator system, and China’s improvement in this area is more obvious, especially like policy formulation. The Foreign Investment Law, as well as China’s original regulatory environment for goods, personnel movements, and funds, have improved somewhat, including local government foreign investment enterprises, Chinese private enterprises, and emerging companies. .
Enterprises pay attention to policy landing
There are good policies to escort, and whether it can be truly landed is more concerned by enterprises.
Wang Huiyao, founder and chairman of Global Think Tank (CCG), also said in an interview that there are many places where the business environment can be improved. For example, visa procedures for talent staying can be simplified, and how to further simplify the approval; Can the list be shorter or shorter, even to zero. There are also zero tariffs, zero barriers, and zero subsidies. Wang Huiyao believes that the future can work in these directions.
Wang Huiyao also mentioned the issue of attracting investment. Even for developed countries, attracting foreign investment is always very important. Inviting investment is always out of date. We should think about how to optimize the business environment to attract more capital talent technology.
Liu Minghua, the partner of Deloitte China Innovation, has a deep understanding of “business environment optimization”. At the end of last year, she led the establishment of Deloitte Digital Technology Co., Ltd. in Lujiazui, Pudong, Shanghai, and felt that the entire company registration process was very smooth. She believes that for multinational companies to invest in China, especially in the current situation of innovation and high technology, everyone is very concerned about the protection of intellectual property rights, the construction of the legal environment, and expects to have better supporting policies and measures.
Bai Ming believes that the past development is driven by factors, and now more depends on the system. This is our shortcoming. The vitality brought by the system can also become attractive to foreign investors.
"Private enterprises pay more attention to fairness and transparency. This regulation is to emphasize that fair opportunities and fair rules of the game."
Bai Ming also pointed out that although the local governments have also improved the business environment in the past, the introduction of the "Regulations" is equivalent to a "specified action" given by the state. In the future, localities will combine their own characteristics to engage in "self-audit actions", which is easier to land. (Reporter Wang Tian Zhao Qian)