Opinions of the State Council on Launching Pilot Work on Business Environment Innovation
State Development (2021) No. 24
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all directly affiliated institutions:
The Party Central Committee and the State Council attach great importance to optimizing the business environment.
In recent years, China’s business environment has continued to improve. In particular, some localities have taken the lead in stepping up reforms of the business environment in accordance with international standards, and have achieved significant results. They have played a significant role in promoting the overall optimization of the national business environment, cultivating and stimulating the vitality of market players. Good demonstration leads.
In order to encourage qualified places to further target the highest standards and carry out pilot trials, accelerate the establishment of a business environment institutional system that is in line with internationally accepted rules, and continue to optimize the market-oriented legalized international business environment, the following opinions are hereby put forward.
1. General requirements
(1) Guiding ideology.
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the 2nd, 3rd, 4th, and 5th Plenary Sessions of the 19th National Congress of the Communist Party of China, based on the new development stage, and fully, accurately and fully implement the new development concept Establish a new development pattern, take the promotion of high-quality development as the theme, coordinate development and security, take institutional innovation as the core, give qualified places greater reform autonomy, benchmark the international first-class level, focus on the concerns of market players, and further transform the government Functions, promote streamlining administration, decentralization, integration of decentralization, and optimization of service reforms, advance the optimization of the whole chain of approval, fair supervision of the whole process, and improvement of services throughout the whole cycle, promote the better integration of effective markets and effective governments, and promote a better business environment High level, greater stimulation of market vitality and social creativity, better stabilization of market expectations, and stable economic operation.
(2) The scope of the pilot program.
Taking into account the size of the economy, the number of market players, and the basic conditions for reform, select some cities to carry out pilot work on business environment innovation.
The first batch of pilot cities are Beijing, Shanghai, Chongqing, Hangzhou, Guangzhou, and Shenzhen.
Strengthen the linkage between innovation pilot projects and the nationwide optimization of the business environment, and qualified innovation pilot initiatives will be rolled out nationwide after approval by the competent departments and units.
(3) Main goals.
After three to five years of innovative pilot projects, the international competitiveness of the pilot city’s business environment has become the world’s forefront, the efficiency of government governance has been comprehensively improved, the ability to gather and allocate various resources on a global scale has been significantly enhanced, and the activeness of market entities and the quality of development Significant improvement, taking the lead in building a market-oriented, legalized and internationalized first-class business environment, forming a series of reproducible and popularizing institutional innovations, and setting an important demonstration for the construction of a national business environment.
2. Key tasks
(4) Further remove unreasonable restrictions such as regional division and local protection.
Speed up the removal of institutional barriers that hinder the market-oriented allocation of production factors and the circulation of goods and services.
In areas that are not directly related to public safety and the lives and health of the people, promote reforms such as "one license for multiple sites" and "one certificate for multiple sites" to facilitate enterprises to expand their business scale.
We will sort out unreasonable conditions for enterprises' cross-regional operations and relocation, and completely abolish regulations that require enterprises to register in specific regions without legal and regulatory basis.
Efforts will be made to break down the hidden thresholds and barriers set by foreign companies in areas such as bidding and government procurement.
Explore the cross-regional mutual recognition of licenses, qualifications, etc., which are frequently handled by enterprises for production and operation.
(5) Improve a more open, transparent, standardized and efficient market entry and exit mechanism.
Further improve the convenience of market entity name registration, information change, and bank account opening.
Establish and improve the market access evaluation system, and regularly check and clean up the unreasonable conditions for market entry qualifications, capital, share ratio, personnel, and venues.
Carry out the reform of "multiple reporting in one" of corporate annual reports.
Improve the exit mechanism of market entities, fully implement simplified cancellation, and establish a mandatory exit system for market entities.
Promote the bankruptcy pre-reorganization system, establish a sound corporate bankruptcy reorganization credit repair mechanism, and allow creditors and others to recommend and appoint bankruptcy administrators.
Establish and improve the government-court linkage mechanism for judicial reorganization to improve the quality and efficiency of market reorganization and clearing.
(6) Continue to improve the convenience of investment and construction.
Deepen the reform of the investment approval system.
Promote the reform of the “land use list system” for social investment projects, carry out relevant assessment work and current status censuses before land supply, form a list of assessment results and census opinions, and deliver them to land users when land is supplied.
Promote the linkage of the environmental assessment of industrial park planning and project environmental assessment to avoid repeated assessments.
On the premise of ensuring the quality and safety of the project, continue to promote the reform of the approval system for construction projects, and clean up the "extracorporeal circulation", "hidden approval" and other behaviors that exist in the approval.
Promote the phased integration of planning, land, real estate, transportation, greening, civil air defense and other surveying and mapping surveys, and optimize the implementation of joint acceptance.
Establish and improve the information sharing mechanism of municipal access projects.
Explore the promotion and improvement of the architect responsibility system in the field of civil construction engineering.
(7) Better support the innovative development of market players.
Improve innovative resource allocation methods and management mechanisms, explore access standards that meet the needs of the development of new business models and models, and enhance the innovation power of market entities.
On the premise of ensuring safety, explore high-precision maps that are open for use in intelligent networked vehicles.
Promote the exploration and application of blockchain technology in government services, people's livelihood services, logistics, accounting and other fields.
Explore the issuance of operating permits for new business formats such as automatic food production and sales equipment.
Improve the market-based pricing and transaction mechanisms for intellectual property rights, and launch pilot programs for the securitization of intellectual property rights.
Deepen the reform of the right to use, dispose of, and the right to profit from scientific and technological achievements, grant scientific researchers the ownership or long-term use right of scientific and technological achievements, and explore and improve the mechanism for sharing rights and interests of scientific and technological achievements.
(8) Continue to improve the level of facilitation of cross-border trade.
Build a high-standard international trade "single window", accelerate the expansion of the "single window" service function from port customs clearance to port logistics and trade services, and promote the paperless operation of the entire process.
On the premise of ensuring data security, promote online verification of relevant documents with major trading partners in East Asia.
Promote cooperation in the facilitation of regional customs clearance, and explore reforms such as "combined ports" and "one port link" in the Guangdong-Hong Kong-Macao Greater Bay Area.
Promote the docking and sharing of information in transportation links such as railways, highways, waterways, and aviation, realize the availability of capacity information and real-time tracking of goods throughout the journey, and improve the facilitation of multimodal transportation.
Promote import cargo "ship-side direct delivery" and export cargo "arrival direct loading" at ports where conditions permit.
Explore the free flow of scientific research equipment and consumables across borders, and simplify the import and export procedures for research and development equipment and sample samples.
(9) Optimize foreign investment and international talent service management.
Strengthen foreign-related commercial legal services, build a one-stop multi-discipline resolution center for foreign-related commercial disputes, and provide multiple, efficient and convenient channels for international commercial dispute resolution.
Explore and formulate local certification standards for foreign "high-precision, high-tech and short-cut" talents.
In areas that are not directly related to public safety and people’s lives and health, and whose risks are controllable, explore the establishment of an international vocational qualification certificate recognition list system. For some occupations that require a certificate, it is allowed to obtain corresponding overseas vocational qualifications or recognized international professional organization certification The international talents who have been certified by the competence level or have been filed by the relevant departments will take up their posts, and strengthen the supervision of their practice.
Research and establish a talent evaluation system that is in line with international standards.
Continue to improve the service level of the international version of the government portal to facilitate foreign personnel to understand investment, work, and life policy information in a timely and accurate manner, and to incorporate more foreign-related approval services into the “one network”.
(10) Maintain a fair competition order.
Insist on treating all types of market entities equally and equally, and stabilize the expectations of market entities.
Strengthen the rigid constraints of fair competition review, establish report handling and response mechanisms, and regularly publish review results.
Efforts to clean up and cancel the differentiated treatment of enterprises in the acquisition of qualifications, bidding, government procurement, rights protection, etc., to prevent the abuse of administrative powers. Elimination through classification of enterprise levels, addition of certification items, establishment of project libraries, registration, certification, and identification And restrictive competition.
Establish an advance release system for bidding plans, and promote the electronic reform of the entire process of bidding.
Strengthen and improve anti-monopoly and anti-unfair competition law enforcement.
Clean up and standardize corporate fees, improve the long-term mechanism for curbing arbitrary fees and apportionment, and focus on correcting various intermediary monopoly operations and compulsory services.
(11) Further strengthen and innovate supervision.
Adhere to the combination of decentralization and management with equal emphasis, consolidate supervision responsibilities, and improve the supervision mechanism of the whole chain and the whole process before and after the fact.
Improve open, transparent, concise and easy-to-implement regulatory rules and standards, and strengthen policy interpretation.
In areas directly related to public safety and the safety of people’s lives and property, explore the implementation of punitive damages and other systems.
Deepen "Internet + supervision", accelerate the construction of a national integrated online supervision platform, actively use big data, Internet of Things, artificial intelligence and other technologies to empower supervision, and explore the formation of a full life cycle supervision chain of market entities.
Promote the in-depth integration of "double random, one open" supervision and credit supervision, and improve the management model based on risk classification.
Explore the establishment of a perfect practice integrity system in the fields of medical care, education, and engineering construction.
To implement inclusive and prudent supervision of new industries and new formats, establish and improve the platform economic governance system.
Promote industry associations and chambers of commerce, etc. to establish and improve self-discipline standards for industry operations, and give better play to the role of social supervision.
(12) Protect the property rights and legitimate rights and interests of various market entities in accordance with the law.
Establish pro-clean government-business relations, improve the government’s commitment to keep promises mechanism, establish a government commitment legality review system and a government’s untrustworthy compensation, compensation and accountability system, and focus on managing government untrustworthy behaviors in areas such as debt financing, government procurement, bidding, and investment promotion. Channels for complaints and reports on government untrustworthiness, and improve the long-term mechanism for managing "new officials ignore old accounts".
Improve the property rights protection system, strengthen the protection of intellectual property rights, carry out roving and remote review of trademarks and patents, improve the linkage mechanism for rapid handling of malicious trademark registrations and irregular patent applications, and strengthen cooperation in the protection of overseas intellectual property rights.
Standardize fines, thoroughly clean up and cancel fines that violate statutory powers and procedures, and eliminate arbitrary fines from the source.
Strictly implement major administrative decision-making procedures to enhance the effectiveness of public participation.
Comprehensively establish pre-evaluation and post-evaluation systems for major policies, and promote standardization, institutionalization, and standardization of evaluation and evaluation.
(13) Optimize regular enterprise-related services.
Accelerate the establishment of an efficient, convenient, high-quality and inclusive full-life cycle service system for market entities, and improve a normalized government-enterprise communication mechanism and a business environment complaint handling mechanism.
Improve the unified registration system for movable property and rights guarantee, gradually integrate various types of movable property and rights guarantee registration systems, and improve the convenience of enterprise movable property and rights financing.
Continue to optimize corporate tax services, deepen the reform of "multi-tax integration" declaration, and implement electronic tax payment on behalf of tax collection and issue electronic tax payment certificates.
Further improve the convenience of business handling such as tax-related and inheritance of real estate registration.
Promote "one-stop" convenient services such as water, electricity and heating, and speed up the realization of the entire online office for services such as installation, inquiry, and payment.
Promote the full application and mutual recognition of electronic certificates and electronic seals in the fields of bank account opening, loans, goods declaration, project declaration, bidding and bidding.
Promote the "one-window" of public security services.
Promote "one network to handle" and "one license to handle all matters related to enterprises", and fully implement the preferential enterprise policy of "free of application and enjoyment" and quick cash out.
3. Organizational Guarantee
(14) Strengthen organizational leadership and overall coordination.
The General Office of the State Council shall coordinate and promote the pilot work of business environment innovation, take the lead in formulating the list of reform items, and do a good job in coordination and supervision, summary evaluation, replication and promotion.
The Ministry of Justice must do a good job in guaranteeing the rule of law for reforms.
Relevant departments of the State Council should combine their own responsibilities to coordinate and guide pilot cities to advance relevant reforms, and create good conditions for pilot cities to take the lead.
The people's governments of the relevant provinces should increase their support to the pilot cities, strengthen the coordination of policies and measures, and grant relevant powers to the pilot cities in accordance with laws and regulations.
The people’s governments of each pilot city shall formulate pilot implementation plans in their respective regions, adhere to steady implementation, and scientifically grasp the timing, rhythm and steps of reforms under the premise of overall risk control, and promote the deepening of the innovation pilot work. The implementation plans shall be reported to the State Council’s office. Department for the record and announced to the public.
If the development zones within the jurisdiction of the pilot cities have a good foundation for reform, they can study to further increase the reforms and explore more beneficial experiences for innovative pilot work.
(15) Strengthen the protection of the rule of law.
In accordance with the requirements of major reforms and the law, the pilot work of business environment innovation shall be carried out in accordance with legal procedures.
The State Council decided that in accordance with the “Decision of the Standing Committee of the National People’s Congress on Authorizing the State Council to temporarily adjust and apply the relevant provisions of the "Metrics Law of the People’s Republic of China" in pilot cities for business environment innovation," the provisions of the “Measurement Law of the People’s Republic of China” shall be temporarily adjusted and applied to pilot cities for business environment innovation within 3 years. The relevant provisions of the Metrology Law of the People's Republic of China; meanwhile, the relevant provisions of 7 administrative regulations including the "Plant Quarantine Regulations" will be temporarily adjusted in pilot cities for business environment innovation.
The relevant departments of the State Council and relevant local people's governments shall, in accordance with the adjustments of laws and administrative regulations, make corresponding adjustments to the regulations and normative documents formulated by their departments and regions in a timely manner, and establish a management system that meets the requirements of the pilot.
For reform measures that have achieved significant results in pilot projects, it is necessary to promptly promote the establishment, reform, and abolition of relevant laws, regulations, and rules to solidify the results of reforms.
(16) Strengthen data sharing and electronic license application support.
Speed up the breaking of information islands and expand the scope of system interconnection and data sharing between departments and localities.
Optimize the data resource authorization model, explore the implementation of government data, electronic license regional authorization and scenario authorization, and return data and electronic licenses in related fields that are generated locally but currently managed by the state to the pilot cities; central departments and units that need to be used in the pilot cities , The data and electronic licenses from other places shall be uniformly provided to the pilot cities for use by the competent departments and units through data landing or data verification.
Optimize the functions of the national integrated government service platform, and promote more data resources to rely on the platform to achieve safe, efficient and high-quality intercommunication and sharing.
(17) Do a good job in rolling trials and evaluation and promotion.
The General Office of the State Council, in conjunction with relevant parties, will expand the scope of the pilot cities in a timely manner in accordance with the pilot situation and the needs of reforms.
At the same time, establish a dynamic update mechanism for reform items, study and formulate a list of reform items in batches, follow the batch authorization method, and proceed with implementation after submitting for approval in accordance with the procedures. Regularly evaluate the pilot work of business environment innovation, and verify that practice has proved effective and market players. The welcome reform measures should be replicated and promoted on a larger scale in time, and the implementation of problems and risks should be adjusted or stopped in time.
For important situations in the pilot, the relevant localities and departments shall promptly report to the State Council for instructions.
State Council
October 31, 2021