(Economic Observation) Officially prescribed "blocking" medicine, over 140 million market entities welcome good news
China News Service, Beijing, September 1st, title: Officially prescribed "blocking" drugs over 140 million market players welcome good news
China News Agency reporter Liu Liang
Recently, China officially promulgated the "Regulations on the Registration and Administration of Market Entities of the People's Republic of China" (hereinafter referred to as the "Regulations"), which has brought benefits to 145 million market entities.
The "Regulations" prescribes four "good medicines" for the "blocking points" frequently encountered by market entities such as registration difficulties, difficulties in obtaining certificates, difficulties in cancellation, and difficulties in business operations.
Recipe 1: Make the rules simple
In the past, separate legislation for different market entities and a messy registration management legal system were not conducive to providing clear guidance for market entities.
For the first time, the "Regulations" integrated the registration norms and management rules of all market entities in China, and twisted the "inexhaustible threads" into a single thread.
For example, in terms of the scope of registration entities, the "Regulations" set out a unified standard for the relevant systems for the registration and management of market entities in various separate laws and regulations, realizing that it includes companies, non-corporate enterprises, legal persons and their branches, individual proprietorships, and partnerships. And its branches, farmers’ professional cooperatives (cooperatives) and their branches, individual industrial and commercial households, foreign company branches and other registration management systems.
According to Liu Kaixiang, a professor at Peking University Law School, the "Regulations" maximize the extraction of the common factors of the registration rules of different market entities, so that the norms tend to be unified, avoid redundant and unnecessary differential treatment, and can reduce the registration of market entities. cost.
Recipe 2: Relaxing the barriers to entry
In the past, the “long time-consuming application for a certificate”, “complicated procedures,” and “many application materials” were common problems reflected by various market entities.
The "Regulations" further simplify the registration process of market entities, promote more convenient access to market entities, and allow market entities to go into battle with light.
In terms of the registration time limit, the "Regulations" further shortened the maximum time limit for the general registration procedures of market entities from 5 working days to 3 working days; from the submission of materials, it is clear that the registration authority can obtain market entities through the government information sharing platform. For registration related information, the applicant shall not be required to provide duplicates; in terms of handling methods, all registration agencies are required to further improve the efficiency of registration, and implement systems such as on-site, one-time, and time-limited, so as to achieve centralized, nearby, online, and online procedures. Can be done in different places.
"The promulgation of the "Regulations" has reduced the labor and time costs of the registration agency in the registration review. The direct benefit brought by this is that the registration time limit is greatly shortened, the market entry cost is reduced, and the business environment is further optimized." Said Wu Haifeng, secretary general of the Chinese Society for Market Supervision and Management.
Recipe 3: Optimize the exit mechanism
Optimizing the market exit mechanism is of great significance to release social resources and give full play to the role of the survival of the fittest market mechanism.
In the past, companies reported that the cancellation process of general procedures was cumbersome and protracted, sometimes as long as half a year, and some operators sometimes had difficulty completing the "last mile" and abandoned halfway, resulting in "zombie enterprises" and harming the business of market entities. Freedom and market supervision benefits.
The “Regulations” establish a simplified cancellation registration system, clarifying that market entities that have not incurred creditor's rights or debts or have already settled their creditor's rights and debts can choose to exit the market through the simplified cancellation procedure after all investors have promised in writing, that is, through the national enterprise credit The information publicity system is publicized to the society. If there is no objection during the publicity period, the registration can be cancelled, which greatly shortens the waiting time for market entities.
Liu Kaixiang believes that the simple cancellation procedure provides a convenient and efficient exit channel for eligible market entities, which can greatly reduce the cost of exiting the market.
At the same time, the simplified cancellation system replaces the liquidation system with a public announcement system and a credit commitment system, which can protect the creditors that may exist in the market and achieve a better balance between efficiency and safety.
Recipe 4: "Difficult households" can "sleep"
Regarding market entities with operating difficulties, the "Regulations" set up a market entity closure system for the first time, clarifying that market entities that have operating difficulties due to natural disasters, accidents, disasters, public health incidents, social security incidents, etc., can independently decide to suspend business within a certain period of time , The longest period of closure shall not exceed 3 years.
The "Regulations" specify that market entities should file with the registration authority before closing business. The registration authority publicizes information such as the period of closure and the address for service of legal documents through the national enterprise credit information system, and strengthens social supervision and credit supervision of closed enterprises through publicity. .
CPPCC National Committee member Shi Yuying pointed out that in the face of the complex and severe environment at home and abroad, the establishment of the closure system has provided market entities with operating difficulties with an opportunity to regroup and gain a new life, and provide a buffer period for recuperation and rejuvenation, so that they can "return with full blood". Breaking through the domestic economic cycle and cultivating and expanding market entities provides institutional guarantees.
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