The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under the State Council,
In accordance with the requirements of the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Deepening of Reform and the State Council's decision-making and deployment, the following opinions on the implementation of the Negative List System for Market Access are proposed.
First, the significance
(A) the market access negative list system positioning.
The Negative List System of Market Access refers to a series of institutional arrangements in which the State Council clearly lists the industries, fields and businesses that prohibit and restrict investment and business within the territory of the People's Republic of China, and adopt corresponding management measures according to law. Market access outside the negative list of industries, areas, business, all types of market players can enter equally according to law.
(B) the implementation of market access Negative inventory system is to play a market in the allocation of resources in the decisive role of an important basis.
Through the implementation of market access negative list system, giving the market the main body more initiative, is conducive to the implementation of market autonomy and stimulate market vitality, is conducive to the formation of various types of market players equal use of factors of production, open fair and just competition in the market Environment, is conducive to the formation of a unified and open, competitive and orderly modern market system, will play a market in the allocation of resources in the decisive role to provide more space.
(C) the implementation of market access negative list system is to better play the role of the Government's inherent requirements.
It is helpful to further deepen the reform of administrative examination and approval system by narrowing the scope of governmental examination and approval, innovating the way of government supervision, promoting the investment and trade facilitation, and continuously improving the efficiency and efficiency of administrative management by implementing the negative list system of market access and clarifying the role boundary of government. Effectiveness, is conducive to promoting the use of the rule of law and the rule of law to strengthen market regulation, promote market regulation institutionalization, standardization, procedures, and fundamentally promote the transformation of government functions.
(D) the implementation of market access negative list system is to build an open economy a new system of the necessary measures.
The implementation of the negative list of market access and the negative list system of foreign investment will help to speed up the establishment of a modern market system that is in line with the internationally accepted rules, facilitate the establishment of a legalized business environment, promote orderly free flow of international and domestic elements, Depth integration of the market, and continuously enhance China's international competitiveness, is to promote reform and building a higher level of the market economy an effective way.
General requirements and applicable conditions
(5) General requirements.
Adhere to the direction of the socialist market economic reform, to play a market in the allocation of resources in the decisive role and better play the role of government unite, the transformation of government functions and innovative management methods combined to stimulate market vitality and strengthen market supervision, And standardize market access, streamline and optimize the administrative examination and approval, strengthen and innovate market supervision, and speed up the construction of market opening and fair, standardized and orderly, enterprise independent decision-making, equal competition, clear government authority and effective supervision of market access management system.
All localities and departments should earnestly implement the market access negative list system. On the basis of voluntary investment and management activities of various market players, a negative list system shall be established and implemented in areas and links involving market access. When the conditions are ripe, the current market access matters of catalog management will be integrated into the market. Into the negative list.
(F) category.
Negative list of market access, including the prohibition of access and restrictions on access categories, applicable to all types of market players based on voluntary initial investment, expansion of investment, M & A investment and other investment behavior and other market access behavior. The administrative body shall make a decision on whether or not to grant access according to the rules in accordance with laws and regulations, or to make a decision on whether or not to grant access according to the rules, Or by the market main body in accordance with the provisions of the government access conditions and access to compliance; access to negative market access outside the list of industries, areas, business, all types of market players can enter equally according to law.
(7) the applicable conditions.
In accordance with the relevant provisions of the laws, administrative regulations and the decisions of the State Council, it may take the following measures to prohibit entry or restriction of the qualification of market entities, the proportion of equity, business scope, business form and business operation Economic security, financial security, cultural security, social security, scientific and technological security, information security, ecological security, resources, security, security, security, security, security, security, security, security, security and other aspects of space and space development. Related industries, fields, and businesses related to national security such as security, safety, nuclear safety, and new-type field security, etc .; industries, fields and businesses involved in major national distribution of productive forces, strategic resources development and major public interests; Related industries, fields and businesses related to the investment and operation of market entities; and other circumstances as prescribed by laws, administrative regulations and the decisions of the State Council.
(8) the main types of negative lists and the applicable objects.
The negative list mainly includes a negative list of market access and a negative list of foreign investment. Negative list of market access is applicable to domestic and foreign investors in the consistency of management measures, is the market access of all types of market access management of the unified requirements; foreign investment in China for foreign investors to invest in business behavior, Special measures for investment access. The formulation of a negative list of foreign investment should be considered in consultation with the foreign investment issues, and the relevant work shall be separately stipulated. If the bilateral or multilateral agreements (agreements) signed by China are otherwise provided for, the provisions of the relevant agreements (agreements) shall apply.
Formulation, implementation and adjustment procedures
(9) to develop principles.
The rule of law. Making Negative List of Market Access to Fully Implement the Basic Strategy of Ruling the Country by Law. New items which are not stipulated by the laws, administrative regulations and decisions of the State Council but which need to be included in the negative list of market access shall, on the basis of scientific evaluation, be submitted for drawing up or revising laws, administrative regulations or State Council decisions in accordance with legal procedures. Involving the national economic and social development of the major issues and professional issues, to perform public participation, expert demonstration, risk assessment, legal review and collective decision-making and decision-making process.
Safety principle. The formulation and implementation of the negative list of market access must adhere to the overall national security concept, follow the laws and regulations to safeguard national security and national security system in various fields. To safeguard economic security as the focus, safeguarding the country's basic economic system and the socialist market economic order, improve the prevention and resolution of economic security risks of institutional mechanisms to protect the relationship between the national economic lifeline of the important industries and key areas, key industries, major infrastructure and Major construction projects and other major economic interests and security.
Progressive principle. The formulation and implementation of a negative list of market access should be based on national conditions, step by step, the overall planning, step by step, to obtain replication, can be extended after the comprehensive experience. The new technologies, new products, new business modes and new business models appearing on the market should be strengthened in the spirit of encouraging innovation and lowering the threshold of entrepreneurship. We should strengthen the system supply and supervise the services and do not rush into the negative list management of market access.
Necessary principle. The inclusion of a list of negative market access needs to be as simple as possible. We can not simply incorporate the prohibited and restrictive matters in the laws, administrative regulations and decisions of the State Council into a negative list of market access. We can not simply copy the current prohibitions and restrictions on the industries, fields and businesses that the market players invest and operate to the negative list of market access. Non-market access matters and post-access regulatory measures can not be confused with market access management measures. We should not put the measures taken by the market entities such as registration, information collection and land use approval into the negative list of market access. The application of the negative list of market access conditions can not be applied mechanically and the list of items that are not suitable for the implementation of negative list management is included in the negative list of market access.
The principle of openness. Negative list of market access to the formulation and adjustment to reflect the principle of openness and fairness, the formation of a stable, transparent and predictable institutional arrangements to protect the public's right to know and participation. In addition to the law should be kept confidential, the development and adjustment of market access negative list of matters, basis and results should be open to the public to facilitate public access.
(10) to formulate procedures.
The negative list of market access shall be formulated and promulgated by the State Council in a unified manner. If the local government needs to make adjustments, the provincial people's government shall submit it to the State Council for approval. All departments and units that have the responsibility for market access management shall comprehensively sort out the industries, fields and businesses that prohibit and restrict the investment and operation of market entities, and shall, in accordance with the unified classification criteria of the "national economic industrial classification" (applicable to the " The Ministry of Commerce, the Ministry of Commerce, the State Council, the State Administration of Taxation, the State Administration of Taxation, the State Administration of Taxation, the State Administration of Taxation, the State Administration of Taxation, the State Administration of Taxation and the State Administration of Taxation The formation of a unified list of market access negative, reported to the State Council for approval after implementation.
The legitimacy, feasibility and controllability of the market access management measures set by the laws, administrative regulations and the decisions of the State Council shall be examined in accordance with the requirement of playing a decisive role in the allocation of resources. Where a market access control measure set up in accordance with departmental rules and regulations, regulatory documents, etc. does need to be included in the negative list of market access, it shall formulate or revise the laws and administrative regulations in accordance with the legal procedures, or in accordance with the procedures specified in this Opinion, After the State Council decided.
Negative list of market access should take into account the differences in regional development, enhance the operational and targeted. Based on the unified national market access negative list, the provincial people's government is allowed to adjust the market quota according to the factor endowment, main function orientation, Into the negative list of recommendations, reported to the State Council for approval after implementation. Without the authorization of the State Council, all localities and departments shall not publish their own market access negative list, shall not be allowed to increase or decrease the market access negative list entries.
In formulating a negative list of market access, relevant departments should improve the decision-making mechanism of public participation, expert demonstration and government decision-making, fully listen to opinions from various localities and departments, organize experts to carry out the necessity and feasibility of the argument, and public comments . Involving national security, should be reported in advance by the Central National Security Council review.
(11) Implementation steps.
In accordance with the principle of first try, and gradually open, from December 1, 2015 to December 31, 2017, in some areas of market access negative list system, experience, and gradually improve, to explore the formation of a unified national market Into the negative list and the corresponding institutional mechanisms, from 2018 onwards the implementation of a unified national market access negative list system. Development and Reform Commission, the Ministry of Commerce led the draft market access negative draft and proposed to carry out pilot areas, reported by the CPC Central Committee and State Council approval, the organization to carry out pilot work. Based on the draft of the negative market access list, the provincial people's government of the pilot area put forward a plan to try the negative list system of market access and implement it after approval by the State Council. Involving the suspension of the relevant laws, administrative regulations or the relevant provisions of its implementation, according to legal procedures.
In accordance with the requirements of the Work Program on the Reform of the Negative List System for Market Access (see Annex), the provincial governments of the pilot areas shall strengthen organizational leadership and overall coordination, improve process management, early warning and forecasting, information feedback, dynamic performance assessment And other working mechanisms to ensure substantial progress in reform. Relevant departments should strengthen the work of docking with the pilot areas, will optimize the market access management reform measures into the pilot area first try. Development and Reform Commission, Ministry of Commerce and other departments to strengthen guidance and supervision and inspection, timely detection and solve problems in the reform process, major issues and timely reporting of the State Council.
(12) Adjustment procedures.
After the implementation of the market access negative list system, the negative list of market access should be adjusted in accordance with the principle of simplification and decentralization, combination of supply and demand, and optimization of services, according to the overall progress of the reform, economic restructuring and revision of laws and regulations. Under the authorization of the State Council, the Development and Reform Commission and the Ministry of Commerce shall take the lead in setting up a cross-departmental mechanism for coordinating the proceedings and be responsible for the daily work of the implementation of the negative market access system and organize the third party evaluation. Involving major items adjustment and increase market access management measures, reported to the State Council for approval. Adjust the market access management measures according to the relevant provisions of laws, administrative regulations and the decisions of the State Council, or adjust the non-substantive content and reduce the market access management measures such as technicality and representativeness, propose the adjustment proposal by the relevant departments, After examination, the matter shall be reported to the State Council for the record. Involving national security, should be reported in advance by the Central National Security Council review.
Fourth, confirm the way and convergence with the existing system
(13) to do a good job market access negative list and administrative examination and approval list of items of convergence.
In accordance with the Decision of the State Council on Issuance and Implementation of the Interim Provisions on the Promotion of Industrial Structure Adjustment (Guofa [2005] No. 40) on the phase-out projects and restricted new construction projects in the Guiding Catalog for Industrial Structure Adjustment, Project, prohibit investment "," restrictions on the type of new projects, prohibit investment, "the request to prohibit access to direct reference to the list of categories, not one by one listed. Relevant departments should adapt to the industrial structure adjustment and new products, new technologies emerge in an endless stream, the ever-changing new situation, the timely revision of the "industrial structure adjustment guide directory." In the future, the "Guiding Catalog of Industrial Structure Adjustment" will be revised and the negative list of market access will be directly connected with it.
(15) to do a good job market access negative list and the "government-approved investment projects directory" convergence.
The items of the "Catalog of Investment Projects Approved by the Government" shall be clearly listed in the list of restricted access categories, except for items specifically designated for foreign investment and foreign investment, unless otherwise specified. Relevant departments should, in accordance with the overall plan for deepening the overall reform, accelerate the study and formulation of the decision on deepening the reform of investment and financing system, the regulation of government approval and record-keeping investment projects, and timely adjust the Catalog of Government-approved Investment Projects. In the future, the State Council decided to amend the "government-approved investment projects directory", the market access negative list and the revised "government-approved investment projects directory" direct convergence.
(16) Adhere to the negative list of market access and the convergence of market access management matters set by laws, administrative regulations and decisions of the State Council.
The market access management measures set up in accordance with the laws, administrative regulations and the decisions of the State Council shall, after examination, be classified into the prohibited access list and the restricted access list. Relevant departments should be in accordance with the laws, administrative regulations and the State Council to amend the document clean-up, etc., in a timely manner on the negative list of market access to make adjustments accordingly. Where laws, administrative regulations and decisions of the State Council are not clearly defined as preconditions, they shall no longer be used as pre-approval; if the laws, administrative regulations and decisions of the State Council are clearly defined as preconditions, Through the revision of laws, administrative regulations, the State Council, no longer as a pre-approval.
Fifth, safeguard measures
(XVII) Establish and perfect the market access to the negative list system to adapt to the access mechanism.
In addition to the negative market access list of industries, areas, business, all types of market players can enter equally according to law, the Government is no longer approved. The right should be placed on the enterprise to release the hand, put in place, so that the list of issues other than market access negative decisions by the market main body in accordance with the law. The relevant departments should take into account the national security, ecological environment, the interests of the masses, safe production and other factors, improve the comprehensive consideration of the index system, the implementation of the first responsible, according to the law to strengthen supervision, the establishment of safety review regulatory accountability mechanism , The formation of government regulation, corporate autonomy, industry self-regulation, a new pattern of social supervision. On the negative list of market access matters, can distinguish between different situations to explore the implementation of commitment-based access, etc., to further strengthen the implementation of informative filing, access to information publicity and other supporting measures. Commitment-based access, is the commitment of all types of market players to fulfill their legal obligations, social responsibility, social integrity and commitment to the relevant departments to submit a written undertaking, you can access; informative record, refers to all types of market players investment management After the occurrence of the act, the relevant departments to fulfill the obligation to inform the record; access to information disclosure, refers to the various types of market entities to fulfill the "Enterprise Information Publicity Provisional
(18) To perfect the examination and approval system that is compatible with the system of negative market entry lists.
In order to restrict access, governments at all levels and relevant departments shall, according to the authority and authority for examination and approval, standardize the powers and standards for examination and approval, and in accordance with the Circular of the State Council on Improving the Administrative Examination and Approval of the State Council Departmental Administrative Examination and Approval Act (Guo Fa [2015] (No.69 [2014] of the State Council), and streamlining the pre-approval process to realize the optimization of the examination and approval process, and the examination and approval of the investment projects in accordance with the requirements of the Circular of the General Office of the State Council on Printing and Distributing the Work Program on Streamline Examination and Approval of Intermediary Services for the Implementation of the Online Approval System for Enterprise Investment Projects Procedural norms, open and transparent, clear powers and responsibilities. Among them, involving national security, safety and other aspects of the pre-approval, according to the law to regulate and strengthen. Encourage all regions in the provincial, municipal and county levels of government to implement market access matters (restricted) list of administrative examination and approval, clear approval of the name, set the basis for the scope of application, the implementation of the main requirements, application materials and requirements, Procedures and time limits. To speed up the establishment of "unified norms, parallel operation, information sharing, efficient and convenient, sunshine operation, full supervision," the online joint approval regulatory platform, to achieve all the approval of "a network, a network accepted, a net office, ".
(XIX) establish and perfect the market access negative list system to adapt to the regulatory mechanism.
All localities and departments should follow their own duties, according to the principle of supervision, to strengthen the investment and operation of the market the main thing in the matter after the supervision. We should follow the principles of simplification and decentralization, supervision according to law, fairness and transparency, equal rights and responsibilities, social co-governance principles, changing regulatory concepts, innovative regulatory methods to enhance regulatory efficiency, optimize market access after the regulation of the market to ensure that negative market access The matter was put open, Guanzhu live. The relevant departments shall strengthen the formulation, adjustment and management of development strategies, development plans, industrial policies and standards, and strictly set the "red line" according to law, and strengthen the supervision after the event. We will encourage all localities to implement supervision lists at provincial, city and county levels to clarify regulatory issues, regulatory bases, regulatory authorities, regulatory authorities, regulatory content, regulatory methods, regulatory procedures and penalties, and to establish legal restraints, administrative supervision, , Public participation and corporate integrity of the organic combination of self-regulation regulatory pattern. Promote the trade associations to establish and improve the trade associations to regulate self-discipline, self-discipline and professional ethics standards, and establish and improve the system of market access negative list of industry self-regulatory mechanisms.
(20) Establish and perfect a social credit system and incentive and disciplinary mechanism appropriate to the system of negative market entry lists.
To improve the social credit system, improve the corporate credit information publicity system, the market credit records into the main "credit China" website and the national unified credit information sharing exchange platform, as the main market engaged in various types of production, investment, circulation, consumption and other economic activities Of the important basis. Promote the establishment of the main market access credit commitment before the system, requiring its public commitment to the community, if the law will be voluntary dishonesty to accept punishment and restrictions. Credit commitment into the market the main credit records. Perfect credit and trustworthiness incentive mechanism and punishments of dishonesty, according to the credit status of the market main body to carry out classification, dynamic management, support and encouragement to the trustworthy subject, according to laws and regulations in terms of investment and financing, land supply, bidding and financial arrangement. limit. Will be a serious violation of the principle of market competition, disrupt the market economic order and infringes the legitimate rights and interests of consumers, workers and other operators of the market main body included in the "blacklist", the lawful violation of the law shall be prohibited by the market.
(21) Establish and perfect information disclosure system and information sharing system that are compatible with the system of negative market access lists.
To rely on corporate credit information publicity system, improve enterprise annual reports and real-time information publicity, public information checks, operating exception list and serious violations of the enterprise list and other systems. Enterprises in the production and management activities in the process of the formation of information, as well as government departments in the performance of their responsibilities arising from the process to reflect the situation of enterprises information, in accordance with the "Enterprise Information Publicity Provisional Regulations" and other relevant provisions of timely publicity. The enterprises that do not publicize or conceal the situation on time or resort to deception shall take credit restraint measures and restrict or prohibit them in the aspects of government procurement, project bidding and bidding and state-owned land transfer. All localities and departments in accordance with the general requirements of the country to promote the administrative area and the field of credit information system construction, and through a unified national credit information exchange platform for sharing information sharing.
(22) Improve the legal and regulatory system corresponding to the market access negative list system.
Adhere to the negative market access list system, we must adhere to the "old law" and legislation "new law" both. The relevant departments shall, in accordance with legal procedures, thoroughly clean up the laws, regulations, rules and regulations, regulatory documents and administrative examination and approval concerning market access and investment, and revise, revoke or revise them in a timely manner. For those items that are not included in the negative list of market access, revocation or modification of the basis shall be timely. Involving breakthroughs in existing laws and regulations, the State Council to the National People's Congress or its Standing Committee to amend or suspend the implementation of relevant laws, and then to the public; to break the current administrative regulations, the State Council to amend or suspend the implementation of relevant administrative regulations, . At the same time, it is necessary to speed up the market access negative list system to adapt to the relevant legislation to ensure that market access management measures statutory authority, after the matter has to follow the supervision.
Sixth, speed up the relevant system reform and system construction
(Xxiii) Establish a system of investment that is compatible with the system of negative market access lists.
Enterprise investment projects, in addition to the relationship between national security and ecological security, involving the country's major distribution of productive forces, strategic resources development and major public interest projects, all by the enterprise according to the law in accordance with the independent decision-making, the government no longer approval. The Development and Reform Commission shall, in accordance with the requirements of the State Council, reform the enterprise investment project approval system and timely revise and promulgate and implement the Catalog of Government-approved Investment Projects in accordance with the procedures to minimize the scope of approval of investment projects by enterprises and achieve online approval for project approval. It is necessary to strengthen the linkage and supervision of departments of planning, land and resources, environmental protection, technology and safety supervision, and carry out access control through environmental protection, resource conservation, technology and safety standards. Foreign-invested enterprises investing in fixed-asset investment projects shall apply the same approval or filing procedures in accordance with the principle of national treatment and domestic enterprises.
(24) Establish a system of commercial registration that is compatible with the system of negative market entry lists.
We should deepen the reform of the commercial system, speed up the implementation of the "three certificates one", "one by one", the introduction of corporate and other organizations unified social credit code system. To streamline the pre-approval of the matter, to reduce the qualification that matters, the main market based on voluntary investment business behavior, as long as the laws and regulations do not belong to the State Council decided to prohibit and restrict the field, shall not restrict access. To remove the existing management measures related to market access, there is no law, administrative regulations and the State Council decided to be based on, be abolished.
(XXV) Establish a foreign investment management system that is compatible with the system of negative market access lists.
Relevant departments should follow the pre-admission national treatment plus negative list management model, pay close attention to the development of foreign investment negative list. In accordance with the requirements of standardization and facilitation, gradually simplify the procedures for licensing foreign investment, explore the implementation of one-stop approval, reduce the licensing link. According to the need to safeguard national security, pay close attention to improve the norms of strict foreign investment security review system. Where the foreign investment involves national security, the safety review shall be conducted in accordance with the national security examination system and the relevant measures. Strengthen the supervision after the event, the establishment of foreign investment information reporting system and foreign investment information publicity system, the formation of government information sharing between departments, coordination supervision, supervision of public participation in the supervision of foreign investment throughout the regulatory system.
(XXVI) to create a negative list of market access system to adapt to fair trade fair competition in the market environment.
Relevant departments should be required to clean up and abolish the constraints of the market in the allocation of resources play a decisive role in hindering the national unified market and fair competition in the various provisions and practices, strictly prohibited and punish all types of illegal acts of preferential policies against local protection against monopoly and Unfair competition, and prevent relevant policies from hampering national unified market and fair competition. Perfecting a series of institutional mechanisms for defining, operating and protecting property rights, and protecting various property rights such as real right, creditor's rights, stock rights and intellectual property rights. We should abolish all kinds of unreasonable provisions on the non-public ownership economy, eliminate all kinds of hidden barriers, and formulate specific measures to guarantee equal access to natural monopolies and franchises in accordance with the law by various market players.
All localities and departments should fully understand the importance and urgency of carrying out the negative list system of market access from the height of promoting the modernization of national governance system and management capacity, do well the formulation and implementation of the negative list of market access and speed up the related reform And supporting system construction, timely detection and solve the signs, tendencies, potential problems, to ensure that the reform to achieve tangible results.
Annex: Work Program on the Reform of the Negative List System for Market Access
Work Program on the Reform of the Negative List System for Market Access
Article 1 In accordance with the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Deepening Reform in an All-Round Way, on the basis of the implementation of a unified market access system, various market players may enter the field outside the checklist on an equal footing, On the market to promote fair competition in the market order to maintain a number of opinions "(Guo Fa [2014] 20) on the" reform of market access system "requirements, the State Council decided to select some areas of market access negative list system pilot. In order to promote this reform in a correct, orderly and coordinated manner, the plan is formulated.
Article 2 The Negative List System of Market Access refers to a series of institutional arrangements in which the State Council clearly lists the industries, fields and businesses that prohibit and restrict investment and business operations within the territory of the People's Republic of China, and adopt corresponding administrative measures according to law by the governments at various levels . Market access outside the negative list of industries, areas, business, all types of market players can enter equally according to law.
Article 3 This program is applicable to the areas approved by the State Council for the pilot reform of the system of market access negative list. Not included in the pilot areas, still the implementation of the existing management model.
Article 4 The pilot shall abide by the principles of simplification and decentralization, supervision according to law, fairness and transparency, unification of powers and responsibilities, and the principle of social co-governance. The relationship between the government and the market shall be handled properly. The market will play a decisive role in resource allocation and better play the role of the government. The formulation of a negative list of market access shall follow the principles of the rule of law, security, gradual progress, necessity and openness.
The pilot areas should take the system innovation as the core task and regard the formation of replicable and generalizable institutional experience as the basic requirement.
Article 5 The provincial people's governments of the pilot areas shall, in accordance with the drafts of the negative market access list formed by the National Development and Reform Commission and the Ministry of Commerce (MOFCOM), formulate a plan to introduce a negative list system for market access approval and submit them to the State Council for approval. .
The pilot areas shall, while exploring the formulation, implementation and adjustment procedures for the negative lists of market access, shall continuously deepen relevant reforms, establish and perfect the access mechanism, approval mechanism, supervision mechanism and social credit system that are compatible with the market access negative list system And encourage the discipline system, information disclosure system and information sharing system, investment system, business registration system, foreign investment management system, to create a fair trade fair competition in the market environment, improve the market access negative list system corresponding laws and regulations system recommendations .
During the pilot period, all types of market players shall not invest in the industries, fields and businesses listed in the list of prohibited access categories. The various types of market entities shall, according to laws and administrative regulations, impose restrictions on the industries, Regulations and the relevant provisions of the decision of the State Council, after approval or other forms of administrative confirmation before entering. Negative list of industries, areas, business, etc., all types of market players can enter equally according to law, the Government is no longer approved. The relevant departments should take into account the national security, ecological environment, the interests of the masses, safe production and other factors, improve the comprehensive consideration of the index system, the implementation of the first responsible, according to the law to strengthen supervision, the establishment of safety review regulatory accountability mechanism , The formation of government regulation, corporate autonomy, industry self-regulation, a new pattern of social supervision. On the negative list of market access matters, can distinguish between different situations to explore the implementation of commitment-based access, etc., to further strengthen the implementation of informed filing, access to information publicity and other supporting measures.
During the pilot period, the provincial people's government of the pilot area shall, according to the progress of reform and outstanding problems reflected by various market players, put forward proposals to adjust the negative list of market access and report to the State Council for approval.
Article 6 During the pilot period, the provincial people's governments at the pilot areas may temporarily adjust the Catalog of Guiding Catalog of Industrial Structure Adjustment and the Catalog of Investment Projects Approved by the Government after the authorization or consent of the State Council according to the requirements of implementing the Negative List System for Market Access The relevant provisions. Involving the suspension of the relevant laws, administrative regulations or the relevant provisions of its implementation, according to legal procedures.
Article 7 The people's governments at the provincial level in the pilot areas shall strengthen their organizational leadership and overall arrangement, establish working mechanisms such as process management, early warning and forecasting, information feedback and dynamic performance appraisal, perfect supporting policies and measures and ensure substantive progress in reform.
Article 8 The Development and Reform Commission and the Ministry of Commerce shall take the lead in the work of guiding, coordinating, supervising and evaluating the reform of the negative list system of market access and reporting to the State Council on major issues and important issues in a timely manner. Relevant departments should strengthen the work of docking with the pilot areas, will optimize the market access management reform measures into the pilot area first try.
Article 9 The pilot areas shall timely sum up their experience, be good at discovering signs, tendencies and potential problems, correct the deviations in a timely manner, perfect the policies, push forward the work in a solid manner and ensure the completion of the reform tasks on schedule.
The provincial people's governments at the pilot areas shall submit to the State Council on a regular basis a report on the reform pilot. The interim evaluation report shall be submitted within one month from the date when the reform pilot is over one year. The final report shall be submitted within two months from the expiry date of the reform pilot.
During the pilot period, the Development and Reform Commission and the Ministry of Commerce shall take the lead in organizing third-party evaluation and make objective and comprehensive evaluations on the implementation of the reform, the results of implementation, the experience gained, the existing problems and influencing factors, and put forward suggestions for improvement and improvement. In the mid-term evaluation and evaluation of the pilot areas, priority should be given to third-party assessment methods.
Article 10 The Development and Reform Commission and the Ministry of Commerce shall be responsible for the interpretation of this proposal.
Article 11 This plan shall come into force as of December 1, 2015 and shall be valid until December 31, 2017.
The State Council
October 2, 2015