The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under the State Council,
To deepen the reform of the commercial system, and strengthen the "after the first license," after the reform of things after the supervision, the following observations.
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First, the general requirements
(A) the guiding ideology.
Fully implement the spirit of the 18th CPC National Congress and the 2nd, 3rd and 4th Plenary Sessions of the 18th CPC Central Committee, conscientiously implement the decision-making and arrangement of the CPC Central Committee and the State Council, deepen the reform of the commercial system, change the market supervision concept, clarify supervisory responsibilities, innovate supervision methods and construct Transparent and efficient things in the post-event regulatory mechanism, the correct handling of the relationship between the government and the market, maintaining fair competition in the market order.
(B) the basic principles.
Statutory duty. In accordance with laws, administrative rules and regulations, the State Council decided to clarify the responsibilities of market supervision departments to promote the market regulation of the rule of law, institutionalized, standardized and procedural, adhere to the principle of responsibility and legality, according to law, who approved, who supervises, who supervises.
Credit constraint. Accelerate the construction of a unified national credit information sharing and exchange platform and enterprise credit information publicity system, and promote the sharing of credit information among government departments, trade associations and social organizations, strengthen the binding effect of credit on market players, build information- Information publicity as a means to credit regulation as the core regulatory system, so that the main letter of dishonesty, "an illegal, everywhere is limited."
Collaborative regulation. Establish and improve the market supervision mechanism of registration, administrative examination and approval, industry leaders to achieve mutual interconnection and linkage response according to law, to form a clear division of labor, smooth communication, make concerted efforts to supervise the pattern, strengthen supervision , To enhance regulatory efficiency.
Social co - governance. Promote the rule of law-based social pluralism governance, improve the social supervision mechanism, and effectively protect the market players and the public's right to know, participation, supervision, market autonomy, industry self-regulation, social supervision, government supervision pattern of social co-governance .
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Second, strict management of administrative examination and approval matters
All localities and departments should effectively implement the "according to the card after the first" reform, in accordance with statutory conditions and legal procedures for the approval of acts, to achieve the approval of public facilities.
(C) the implementation of the administrative examination and approval directory management.
SAIC is responsible for publishing the list of pre-approval items for industrial and commercial registration. The relevant departments of the State Council shall promptly notify the State Administration for Industry and Commerce (SAIC) to update the Catalog, and shall, in accordance with the provisions of the relevant laws and regulations and the relevant provisions of the State Council, Social publishing, to facilitate enterprises, the masses acted and supervised. In addition to laws, administrative regulations and the State Council's decision, are not allowed to set the pre-approval of industrial and commercial registration matters, nor through the record, etc. disguised pre-approval.
If the business operator is engaged in the pre-approval of industrial and commercial registration items, the matter shall be submitted to the relevant examination and approval department for examination and approval according to law, and shall be submitted to the industrial and commercial department for registration according to the license document and certificate. The industrial and commercial department shall issue the business license according to law. If the business operator is engaged in the pre-approval of industrial and commercial registration matters outside the directory, apply directly to the industrial and commercial sector for registration, business sector business license issued according to law.
The provincial people's government shall, before the end of 2015, formulate a list of matters for post-registration examination and approval of industrial and commercial registration according to law, and publish it to the public.
(4) to ensure that the examination and approval act strictly according to law, open and transparent.
Each examination and approval department shall, in strict accordance with statutory conditions and legal procedures, develop examination and approval criteria one by one and make it public. The examination and approval procedures, the implementation of online approval, the approval criteria and acceptance, review, approval and other approval information to the public through the Internet to promptly detect and correct violations of approval behavior.
All localities and departments to improve the administrative examination and approval of the supervision and control mechanisms, and constantly improve the scientific management of government standardization.
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Third, clarify the market supervision duties
In accordance with the principle of who is responsible for examination and approval, who supervises, who is in charge, who supervise the implementation of market supervision, strengthen the "after the first license," the post-reform supervision to prevent regulatory vacuum.
(5) The industrial and commercial department shall perform the duty of "double notification".
In the process of registration, the business sector according to the provincial people's government announced the business registration post-approval list of items to inform the applicant need to apply for approval of the project and the corresponding approval department, written approval by the applicant before obtaining approval Engaged in related business activities.
In the process of registration, the business sector to use information technology, business management department of the examination and approval department, the main market registration information in a timely manner to inform the relevant departments at the same level approval departments; the approval of the business sector is not clear or not involved in the examination and approval , Will be the main market registration information in a timely manner in the enterprise information sharing platform, the relevant examination and approval departments or industry departments should promptly check, according to their duties to follow up supervision.
(F) clear market supervision responsibilities.
Laws and regulations clearly market supervision departments and regulatory responsibilities, strictly in accordance with the law.
The laws and regulations do not provide market supervision departments and regulatory duties or provisions are not clear, the business sector, the approval department and the industry department in accordance with the division of labor to perform good market supervision duties, timely detection and investigation. The competent department of examination and approval or the competent department of industry in the discovery of illegal acts, there are special law enforcement power, the lead responsible for the investigation; no special law enforcement or law enforcement power insufficient, should give full play to industry and commerce market regulation backbone role, the approval department or industry executives Departments can be brought together according to the business sector to be investigated and dealt with. Business sector in the law enforcement process, found illegal behavior clues, belong to other departments regulatory responsibilities, should promptly inform the relevant departments. Provincial People's Government in accordance with this principle, combined with the actual local market regulatory authorities and regulatory responsibilities, to make specific provisions to ensure that some people control, responsible for some negative, to achieve seamless convergence. Actively support has been introduced to strengthen the matter in the post-regulatory documents continue to explore the place.
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Fourth, improve the coordination of regulatory mechanisms
All localities and departments should strictly fulfill their duties according to law, in accordance with the principles conducive to comprehensive law enforcement, the focus of sinking, and strengthen local regulatory responsibility, in promoting the transformation of government functions, deepen the reform of commercial system to actively explore and innovate market regulatory mechanism, strengthen information interconnection Share, improve the credit regulatory mechanism to improve regulatory efficiency.
(7) to do a good job of information publicity.
Vigorously building corporate credit information publicity "a network of the country." The business sector through the enterprise credit information publicity system, conscientiously fulfill the statutory market information disclosure of the statutory duties, urging the market to fulfill the obligation of information disclosure. Other government departments through the enterprise credit information publicity system, "credit China" website to the public publicity administrative license, administrative punishment and other information. By the end of 2016, the local government to the initial implementation of the collection of government departments in the performance of their responsibilities in the process of administrative licensing, administrative penalties and other information should be publicized according to law.
(8) the establishment of information Internet sharing mechanism.
By the end of 2016, the local government to the initial realization of the business sector, the approval department, industry departments and other departments of real-time transmission of information and barrier-free exchange. To distinguish between classified and non-classified information, according to the implementation of enterprise information in the collection, sharing, use and other aspects of classification management, according to the law to be public, and the information recorded in the corresponding enterprise name. Through the construction of two-way notification mechanism, data comparison mechanism, grasp the regulatory risk points, the license convergence, regulatory linkage, law enforcement cooperation and other aspects of the system through the organic matter, support things after the supervision. All departments should establish and improve information-sharing and coordination and cooperation mechanisms with judicial organs such as people's courts and people's procuratorates at the same level and effectively form joint efforts.
(Ix) Strengthen supervision and risk monitoring.
The departments of industry and commerce, examination and approval departments and industry authorities shall take the lead in organizing relevant departments to strengthen the analysis of judgment and make full use of modern information technology such as large data and Internet of things, and integrate relevant information such as spot check, network market orientation monitoring, illegal dishonesty, complaints and reports. , To grasp the characteristics of illegal activities in related fields, to improve detection and prevention to resolve regional, industry and systemic risk ability to achieve early detection, early warning. To establish and improve the network market supervision and division of labor and cooperation mechanisms to strengthen the integration of online and offline regulation.
(10) to prevent and defuse the risk.
The department of industry and commerce, the examination and approval department and the department in charge of industry shall strengthen supervision over the subject matter of the market and the relevant personnel through the means of information publicity, spot checks and sampling, etc., and timely resolve the market risks. To the existence of illegal acts of market players to strengthen the ex post supervision, according to the law in a timely manner to identify the types and nature of illegal acts, organize the relevant departments in accordance with their respective functions to participate in the disposal. General random selection of inspection objects, randomly selected law enforcement inspectors "double random" random check mechanism, establish and improve the market main directory and the list of law enforcement inspectors directory, by way of Yaohao, from the market subject directory random check object, from Law enforcement inspectors in the directory of randomly selected law enforcement inspectors.
(11) Establish and improve a joint disciplinary mechanism.
The illegal market players to increase administrative penalties and credit constraints, according to the implementation of the revocation of business licenses, revocation cancellation cancellation license, included in the business exception list and blacklist and other disciplinary measures. 2016 before the end of 2016, to establish and improve the cross-sectoral response mechanism and breach of faith punishment mechanism, in business, investment and financing, access to government supply of land, import and export, immigration, registration of new companies, bidding, government procurement, honor, Production and business license, qualification, qualification examination and other work, the credit information as an important consideration, the list was included in the business exception, a serious breach of faith the list of business failures, major tax cases the parties to the list of broken promises list, bribery Crime files and other subjects to be restricted according to the law or forbidden to form a "illegal, everywhere is limited," the joint disciplinary mechanism.
(12) Explore the mode of comprehensive law enforcement.
Explore the unified market supervision and comprehensive law enforcement model, in accordance with the level of reduction, integration team, improve the efficiency of the principle of the allocation of law enforcement power. Substantially reduce the level of the city and county levels of government law enforcement team types. Strengthen law enforcement linkage, the formation of regulatory efforts.
By the end of 2015, has been the establishment of comprehensive law enforcement agencies, to give full play to the advantages of law enforcement power integration, through the corporate credit information publicity system and the "credit China" website publicity market main registration, administrative license, administrative punishment and other information to achieve joint punishment.
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Fifth, build a pattern of social co-governance
Maintaining the normal order of the market is the common responsibility of the whole society. All localities and departments should, in accordance with the law, carry out the functions of market supervision, give full play to the role of the normative role of the laws and regulations, the self-discipline role of the industry organizations and the supervision function of the market professional service organizations, the public and public opinion, and promote self-restraint and credit management of market subjects. Actively and steadily promote the government to buy social services to support social forces in the market supervision play a role.
(13) to guide market autonomy.
All localities and departments should adopt trustworthy incentives and dishonesty disciplinary measures to promote market players to strengthen the main responsibility in the production safety, quality management, marketing, publicity, after-sales service, information disclosure and other aspects of the effective fulfillment of statutory obligations. Guide the market players to fully understand the credit status of the key role in their own development, take the initiative to accept social supervision, improve the level of self-government integrity. Encourage and support market players through the Internet to provide fair and impartial credit evaluation services, fair and objective records, public transaction evaluation and consumption evaluation information for trading parties.
(14) to promote self-discipline.
All localities and departments should attach great importance to and effectively create favorable conditions, give full play to industry associations and trade associations to promote the development of the industry an important role. The trade associations of the Chamber of Commerce advice and suggestions as a rule of law, a major policy and an important reference to assess the effectiveness of implementation. The establishment of government and trade associations between the chambers of commerce credit information sharing mechanism. In the matter of all aspects of supervision after the establishment of industry associations to participate in the Chamber of Commerce mechanism. Play and borrow the Association of Trade Associations in the interests of the protection, qualification, dispute handling, punishments and other aspects of the role of dishonesty. Support industry associations to carry out trade credit evaluation of the Chamber of Commerce, establish and improve enterprise credit files, improve the industry credit system. Through the government to purchase services, etc., commissioned trade associations to carry out trade associations of credit evaluation, advisory services, legal training, assessment of regulatory effectiveness, and promote regulatory law enforcement and industry self-regulation of positive interaction.
(15) Encourage social supervision.
All localities and departments should give full play to the supervision of the market professional services organization. Vigorously rely on consumer associations and other social organizations, to keep abreast of the outstanding problems in the field of market supervision, targeted to strengthen supervision and inspection. Actively play the supervisory role of professional service organizations such as accounting firms, law firms, notarization agencies, inspection and testing certification bodies. Support arbitration organizations, mediation organizations and other ways to resolve disputes between market players through adjudication and mediation. And actively build a third-party evaluation mechanism, nurture and develop social credit rating agencies to support the development of credit rating, to provide objective and objective market credit information. Support to explore the socialization of credit information publicity services. All localities and departments should give full play to the supervision of public opinion, improve the public participation in the supervision of the incentive mechanism, the formation of consumer "vote with their feet," the Forced mechanism, create conditions to encourage people to actively report illegal business behavior, make full use of new media and other means Timely collection of social reflection of the problem.
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Sixth, strengthen the organization and implementation
The implementation of "according to the card after the first" reform, to strengthen things after the supervision, involving many departments, a wide range of complex situations, is a systematic project. All localities and departments should attach great importance to, careful organization, careful deployment, pay close attention to implementation, and strengthen accountability.
(XVI) to strengthen organizational coordination.
Local people's governments at all levels should attach great importance to establish and improve the government-led, sector-based, social participation, co-ordinate the work of the mechanism, and strengthen organizational security, mechanism security, funding security. The provincial people's governments should strengthen the co-ordination of relevant reforms in the administrative areas, and the municipal and county governments should strengthen the implementation of the reform, and effectively solve the specific problems encountered in the reform to ensure the reform measures in an orderly manner and put in place. All departments should grasp and study in time the new situations and problems encountered in the course of reform, strengthen guidance, encourage exploration and coordination and advance.
(17) to strengthen publicity and guidance.
Various departments and departments in various regions should adopt various means to publicize and supervise the responsibilities, measures, work progress and effectiveness of various departments afterwards, encourage and guide the whole society to participate and form a good atmosphere of public opinion and understanding and care for reform. Supervise the environment.
(18) to strengthen supervision and inspection.
SAIC, together with relevant departments, is responsible for the overall coordination of the implementation of this Opinion, tracking and understanding, supervising and inspecting the work and ensuring smooth and orderly reform. The auditing department shall strengthen the follow-up audit on the implementation of policies, and intensify the auditing efforts on setting up the permitted projects and fulfilling the statutory supervision duties.
Annex: Laws and regulations clearly defined regulatory and regulatory responsibilities, "according to the first card," the reform related to the approval of the project
The State Council
October 13, 2015