Liberalize market access, fair and unified supervision

  The development environment of private enterprises continues to improve (new economic orientation·development of small, medium and micro enterprises)

  Our reporter Lin Lili, "People's Daily" (Version 02, January 06, 2022)

  The vast majority of my country's small, medium and micro enterprises are private enterprises.

The development of private enterprises requires a fair and just market environment.

In December 2019, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Creating a Better Development Environment to Support the Reform and Development of Private Enterprises" (hereinafter referred to as the "Opinions"), which is the first central document in the field of reform and development of private enterprises. A series of reform measures have been proposed for the rule of law and the international business environment.

The "Opinions" propose to further liberalize market access for private enterprises, implement a fair and unified market supervision system, strengthen the rigid constraints of the fair competition review system, and break down hidden barriers to bidding and bidding to optimize the market environment for fair competition.

  In the two years since the "Opinions" was implemented, what policy measures have been adopted from the central to the local level, and what are the results?

The reporter conducted an interview.

  Lighten the burden, convenient access to the camp

  The Hangzhou-Shaoxing-Taiwan Railway became the first privately-owned high-speed rail, China Eastern Logistics introduced private strategic investors in the mixed reform, and the upstream oil and gas industry was liberalized for private enterprises...In recent years, more and more private enterprises have entered key industries and fields more smoothly.

  The "Opinions" call for further liberalization of market access for private enterprises.

Over the past two years, all localities have strictly implemented the market access negative list, and in accordance with the principles of "non-prohibition and access" and "non-restriction and access", breaking all kinds of "rolling doors", "glass doors" and "revolving doors" to develop private enterprises. Create sufficient market space.

  According to Ma Bin, executive vice president of the China Association of Small and Medium Enterprises, two years after the release of the "Opinions", various policies and measures have been intensively introduced, and the development environment of private enterprises has continued to improve. More than 60%, invention and innovation accounted for more than 70%.

  Lower the barriers to entry and facilitate access to the camp.

In August 2021, Zhang Shijian of Jianmu Veterinary Drug Sales Co., Ltd. of Gaotang County, Shandong Province discovered that the veterinary drug business license can be processed immediately when he changed the legal representative business.

The staff of Gaotang County Administrative Examination and Approval Service Bureau introduced: “The veterinary drug business license is included in the optimization examination and approval service for the reform of the “separation of licenses and licenses”. After the reform, the application materials have been reduced by 75%.

  The State Administration for Market Regulation takes the reform of the commercial system as the main line and continuously strengthens the reform of "delegation, regulation and service".

From July 1, 2021, the management of the full-coverage list of business license matters related to enterprises will be implemented nationwide, and the pilot free-trade zone will further strengthen the reform of “separation of licenses and licenses” to greatly improve the convenience and availability of market entities. Anticipatory.

  Innovative measures to solve corporate problems.

"The closure system can help companies reduce maintenance costs. It is a new and warm system." Wu Jieping, the person in charge of Shenzhen Dishuo Technology Co., Ltd., registered the closure on July 1, 2021.

Taking the reform of the commercial system as the starting point, the Shenzhen Municipal Market Supervision Bureau continued to deepen the reform of "delegation, regulation, and service", and took the lead in piloting the shutdown system in the country.

  Provide support to small, medium and micro enterprises in reducing or exempting house rents, utility bills, etc., and implement phased tax deferral measures for manufacturing small, medium and micro enterprises... A series of phased and innovative measures have been introduced to local governments to help companies relieve their difficulties.

  Optimize services and reduce the burden on enterprises.

Beijing Eswell Computing Technology Co., Ltd. is an integrated circuit design company established in 2019.

"Remember that when we declared export tax rebates for the first time, the Taxation Bureau of Beijing Economic and Technological Development Zone arranged for someone to contact me at the first time to review the export tax rebate materials on site, and give tax guidance based on the export model of the enterprise, so that we can save worry, effort, Save money." said Liu Xin, the company's financial officer.

  From "lobby office" to "onsite office", "handheld office", from "mass run" to "data run" and "staff run", from "multiple doors to do one thing" to "one window to do one thing" and "one net link" Office"...all regions and departments are expanding their connotations and innovating methods in optimizing government services, reducing the burden on private enterprises and creating a better business environment.

  Stimulate vitality and maintain fair competition

  "We require all law enforcement personnel to treat all types of market entities equally and fairly during the law enforcement process, and at the same time thoroughly implement the fault tolerance mechanism for minor violations." said Chen Wei, head of the Inspection Division of the Market Supervision Bureau of Taizhou City, Jiangsu Province.

  In the past two years, the Taizhou City Market Supervision Department has investigated and handled a number of cases involving epidemic prevention and control products.

Chen Wei introduced that in the process of handling the case, under the principle of adhering to the safety bottom line and the principle of administration according to law, a batch of cases such as the case of a certain pharmaceutical chain company selling masks without any logo, the case of a certain pharmaceutical chain company raising prices, etc., because the parties actively cooperated Investigate, actively rectify, and take measures such as announcements and recalls to actively eliminate harmful consequences. If the situation meets the requirements for exemption of punishment for minor violations in the field of market supervision in Jiangsu Province, it will be ordered to rectify and be exempted from administrative penalties.

  In terms of implementing a fair and unified market supervision system, the "Opinions" require detailed and clear administrative law enforcement procedures, standardize law enforcement discretion, and strictly regulate fair and civilized law enforcement.

Further standardize the inclusion of standards and procedures for untrustworthy joint punishment targets, establish and improve credit repair mechanisms and objection systems, and standardize credit verification and joint punishment.

  Wang Wei, director of the Civil and Commercial Economic Law Office of the Political and Law Department of the Central Party School (National School of Administration), believes that high-intensity management and punishment will be implemented for serious illegal and untrustworthy behaviors; for honest and trustworthy enterprises, green channels will be provided, the frequency of inspections will be reduced, and customs clearance will be facilitated. Such credit incentives have greatly changed the practice of the regulatory authorities in the traditional supervision model that prefer to adopt high-intensity management methods such as administrative licensing, supervision and inspection, and administrative punishment.

  "We are not afraid of competition, we are afraid of unfair competition," said Chen Zhipeng, operating partner of Beijing Wangwenwenqie Information Technology Co., Ltd.

In recent years, my country has made great efforts to improve the fair competition system.

The State Administration for Market Regulation has promoted the acceleration of the revision of the anti-monopoly law and two revisions of the anti-unfair competition law to further enhance the pertinence, scientificity and predictability of the anti-monopoly and anti-unfair competition legal system.

Efforts will be made to strengthen the supervision and enforcement of anti-monopoly and anti-unfair competition.

Since the promulgation and implementation of the Anti-Monopoly Law, a total of 741 cases of various types of monopoly have been investigated and handled, 31.684 billion yuan of fines have been confiscated, and nearly 4,000 cases of concentration of undertakings have been concluded; since the promulgation and implementation of the Anti-Unfair Competition Law, a total of 755,000 cases of various types of unfair competition have been investigated and dealt with , Fined 12.03 billion yuan.

  Regulatory authorities have severely cracked down on monopolies and unfair competition that have received strong social responses, creating a fairer market competition environment and stimulating the vitality of innovation and development of various enterprises.

  Enhance confidence and break down hidden barriers

  "Since the end of 2019, the development of e-bidding has accelerated, and our business has covered more than 20 provinces." Liu Yongqing, vice president of China Joint Information Co., Ltd., said that compared with traditional bidding, e-bidding has enhanced information through technical means. Transparency, the realization of unalterable encryption of bid documents, traces of review process results, and digital supervision, fully embodies the principles of fair, open, and just competition, and to a certain extent curbs the occurrence of local protectionism, industry monopoly, and administrative intervention. It avoids rent-seeking due to information asymmetry, and is also conducive to post-event supervision and auditing to realize sunny transactions.

  Bidding is an important part of the life cycle management of investment and construction projects.

The "Opinions" particularly emphasized the removal of hidden barriers to bidding.

For enterprises with corresponding qualifications, it is not allowed to set enterprise scale thresholds that have nothing to do with business capabilities and performance thresholds that clearly exceed the requirements of the bidding project.

  At the end of 2021, the State Council issued the "Opinions on Carrying out Pilot Business Environment Innovation Work", clarifying the launching of pilot business environment innovation in 6 cities including Beijing, Shanghai, Chongqing, Hangzhou, Guangzhou, and Shenzhen.

The pilot cities have done a lot of fruitful work in the construction of the bidding system and the application of electronic bidding and bidding.

  For example, Beijing has formulated functional standards for electronic trading platforms, and all links such as bidding, bidding, bid opening, bid evaluation, and contract signing can be handled online in a standardized manner.

Shanghai has established a bidding big data smart supervision system to promote unified online supervision, complaint handling, and credit rewards and punishments.

Through the city's unified bidding credit system, Chongqing has brought all bidding transaction information into the scope of supervision.

Hangzhou vigorously standardizes the business process of remote bid evaluation.

Guangzhou took the initiative to disclose information about the entire process of bidding and guiding market entities to participate in the supervision of the bidding process.

Shenzhen regularly solicits clues about problems in the bidding field, and eliminates hidden barriers for enterprises of different ownerships in the bidding process.

  In the next step, the relevant departments will also establish and improve the advance release system of the bidding plan, and create a market environment where domestic and foreign companies are treated equally and fair competition with more transparent, standardized and efficient bidding system rules and standards.

  Ma Bin said that the unfavorable factors that affect private enterprises and small and medium-sized enterprises in equal access to key resources such as land, capital, technology transfer, etc. should be further eliminated, and a social atmosphere that respects and encourages entrepreneurs to start businesses should be formed in the whole society.