China News Service, July 8th. According to the website of the State Administration for Market Regulation, in order to fully implement the fair competition review system, improve the fair competition review mechanism, and standardize and effectively carry out the review work, the State Administration for Market Regulation and other five departments have formulated and issued the "Implementation of the Fair Competition Review System" Rules" (hereinafter referred to as "Implementation Rules").
The "Implementation Rules" clarified that no franchise rights may be granted to operators without fair competition.
In terms of market entry and exit standards, the "Implementation Rules" require that unreasonable or discriminatory entry and exit conditions should not be set, including but not limited to: setting entry and exit conditions that are obviously unnecessary or beyond actual needs, and exclude Or restrict operators from participating in market competition; there is no basis for laws, administrative regulations, or State Council regulations, unreasonably differentiated treatment for operators of different ownership, regions, and organizational forms, and unequal market access and exit conditions are set; there is no law , Administrative regulations or the provisions of the State Council, based on filing, registration, registration, catalog, annual inspection, annual report, supervision, identification, certification, accreditation, inspection, monitoring, verification, designation, number allocation, re-inspection, re-examination, renewal, and required establishment Branches and any other forms set or disguised barriers to market access; there is no basis for laws, administrative regulations or State Council regulations, setting or disguised barriers to market exit for enterprise cancellation, bankruptcy, listing, transfer, relocation, etc.; Use administrative licensing, administrative inspection, administrative punishment, administrative compulsion, etc., to force or disguisely force enterprises to transfer technology, and set or disguise barriers to market entry and exit.
The "Implementation Rules" mentioned that franchise rights may not be granted to operators without fair competition, including but not limited to: franchising in general competitive fields or adding administrative licenses in the name of franchising; failure to specify the period of franchise rights or failure to The period of franchise rights was extended through legal procedures; the franchise rights were directly granted to specific operators without the use of bidding, competitive negotiation and other competitive methods in accordance with the law; discriminatory conditions were set so that operators could not participate in franchise competition fairly.
The "Implementation Rules" stipulate that the operation, purchase, and use of goods and services provided by specific operators shall not be restricted, including but not limited to: expressly requesting, implying, denying or delaying administrative approval, repeating inspections, denying access to platforms or networks, Provide incentives and subsidies in violation of laws and regulations, restrict or disguise the operation, purchase, and use of goods and services provided by specific operators; restrict the location, ownership, and organization of bidders in bidding, bidding, and government procurement, or set other unreasonable The conditions exclude or restrict operators from participating in bidding, bidding, and government procurement activities; there is no basis for laws, administrative regulations, or the State Council, and unreasonable project database, directory database, alternative database, qualification database and other conditions are set to exclude or restrict potential operations Provide goods and services.
The “Implementation Rules” clarified that approval procedures for industries, fields, and businesses outside the negative list for market access should not be set up. This mainly refers to the prohibition of entry, restrictions on the qualifications of market entities, restrictions on the proportion of equity, etc., without the basis of laws, administrative regulations or the provisions of the State Council. Restricting the scope of business and business models, restricting or restricting market access in a disguised form.
The “Implementation Rules” also clarify that the arrangement of fiscal expenditures generally shall not be linked to the tax or non-tax income paid by a specific business operator. It mainly refers to the tax or non-tax income paid by a specific business operator. Return after expropriation, refund upon expropriation, etc., to return to specific operators, or to give specific operators financial incentives or subsidies, reduction or exemption of preferential policies such as the paid use of natural resources such as land.
It is not allowed to reduce, exempt or postpone the payment of social insurance premiums paid by specific business operators in violation of laws and regulations. This mainly refers to the reduction, exemption or deferment of specific business needs based on factors such as the size of the business, the form of ownership, the form of organization, and the region without the basis of laws, administrative regulations or the provisions of the State Council. Basic pension insurance premiums, basic medical insurance premiums, unemployment insurance premiums, work-related injury insurance premiums, maternity insurance premiums, etc. paid.