Starting today, "fancy" defaulting on SMEs will no longer work
The goods have been delivered, but the money has not been given; the project is completed, and the accounts have been delayed.
"Public households" sometimes pay slowly, and SMEs are "under great pressure."
From September 1, this phenomenon will be greatly improved.
The "Regulations on Guaranteeing Payments for Small and Medium-sized Enterprises" (hereinafter referred to as the "Regulations") adopted by the executive meeting of the State Council came into effect on September 1.
The "Regulations" clearly stipulate that government agencies, institutions, and large enterprises that purchase goods, projects, and services to pay SMEs must abide by the "Regulations" and must not default on payments to SMEs in disguise.
"The promulgation of the "Regulations" is conducive to enhancing the confidence in the development of small and medium-sized enterprises, promoting the resumption of work and production, and optimizing the business environment." The relevant person in charge of the Ministry of Industry and Information Technology said that in recent years, the problem of arrears to small and medium-sized enterprises has become more prominent, which has caused the Party Central Committee and the State Council. The “Regulations” regulates the payment deadlines of agencies, institutions and large enterprises, clarifies the inspection and acceptance requirements, prohibits defaults in disguised forms, regulates the collection and settlement of deposits, publicizes information on arrears, establishes a sound complaint and supervision and evaluation mechanism, and clarifies delays Provisions on payment responsibilities and other aspects are aimed at ensuring that small and medium-sized enterprises are paid in a timely manner, alleviating financial pressure on small and medium-sized enterprises, and effectively protecting the legitimate rights and interests of small and medium-sized enterprises."
It is reported that the "Regulations" focus on making clear requirements for regulating payment behavior, preventing account defaults, safeguarding the legitimate rights and interests of small and medium-sized enterprises, and creating a good business environment.
"The Regulations have added confidence to small and medium-sized enterprises and removed obstacles." Song Xunyi, director of the Political Research Division of the China Small and Medium-sized Enterprise Development and Promotion Center, said that small and medium-sized enterprises are in a relatively weak position in terms of industrial chain and sales channels. Now facing the impact of the epidemic, SMEs are in the "most difficult time."
"The "Regulations" were issued precisely to protect the legitimate rights and interests of SMEs."
It is understood that the "Regulations" clarify the payment deadline, requiring agencies, institutions and large enterprises to make payments within 30 days from the date of delivery, and the maximum period shall not exceed 60 days; large enterprises reasonably agree on a time limit and cannot "use big to bully the small"; "Fancy" arrears such as change of person in charge, waiting for acceptance, and final account auditing are not allowed; overdue interest will be paid if no payment is due; the debts will be regularly posted online or in the newspaper; if the circumstances are serious, punishment will be punishable by law; before the end of this year No disagreement arrears should be cleared up, and no new arrears should be allowed.
"The "Regulations" also provide for contract formation, financing guarantees, complaint handling, etc., to ensure that all-round guarantees are in place in a timely manner, and liquidity is activated." Song Xuanyi said, safeguarding the legitimate rights and interests of small and medium-sized enterprises, optimizing the business environment, and confident in enterprise development The basic disk can be stabilized.
Song Xunyi said that small and medium-sized enterprises should also pay attention to the fact that they should take the initiative to inform them that they belong to small and medium-sized enterprises when entering into contracts with government agencies, institutions, and large enterprises.
"Small and medium-sized enterprises as mentioned in the Regulations refer to medium-sized enterprises, small enterprises and micro-enterprises established in accordance with the laws and regulations of the People's Republic of China in accordance with the SME classification standards approved by the State Council." Song Xuanyi said.
The "Regulations" require that the competent departments of small and medium-sized enterprises at or above the provincial level establish a complaint handling mechanism. In this regard, actions have been taken across the country.
Taking Hunan Province as an example, relying on the provincial public service platform for small and medium-sized enterprises, Hunan Province has opened an online complaint system for implementing the Regulations on Guaranteeing Payments for Small and Medium-sized Enterprises.
If government agencies, institutions and large enterprises refuse or delay payment of SMEs, SMEs can complain through the complaint system. Hunan Provincial Department of Industry and Information Technology will promptly forward the complaint to relevant departments and local people's governments in accordance with the Regulations.
In this regard, Liang Zhifeng, director of the Bureau of Small and Medium Enterprises of the Ministry of Industry and Information Technology, stated that in the special action to clean up the debts owed by private enterprises to SMEs, the Ministry of Industry and Information Technology has established a "platform for the registration (complaints) of payments owed to SMEs in default".
"According to the "Regulations" on the principle of'territorial management, hierarchical responsibility, who is in charge and who is responsible', if small and medium-sized enterprises are in arrears by local government departments, public institutions and large enterprises, they can clear the debts of the work responsibility departments in the provinces. The published complaint channels reflect the situation. If it is arrears by central government departments, public institutions and central enterprises, you can register on the Ministry of Industry and Information Technology's "Registration (Complaint) Platform for Default Small and Medium-sized Enterprises Payments"." Liang Zhifeng said.
Liang Zhifeng introduced that in the next step, the Ministry of Industry and Information Technology will improve the complaint handling mechanism in accordance with the requirements of the Regulations.
Further optimize the functions of the platform, so that the complaints of SMEs can be dealt with in a timely manner, so that SMEs have more sense of gain and satisfaction.
(Economic Daily-China Economic Net reporter Zhu Junbi)