The Beijing News (Reporter Li Yukun) On February 26, the "Beijing Regulations for Optimizing the Business Environment (Draft)" was submitted to the Nineteenth People's Congress Standing Committee for its nineteenth review. The regulations (draft) propose to promote "one-handed" administrative services, shorten the time required for the establishment of enterprises, implement the "information commitment system", and establish a system to regulate discretion.
The Municipal People's Congress Finance and Economics Committee stated that the new crown pneumonia epidemic has a large economic and social impact. Facing the downward pressure on the economy and the significant impact of emergency events on business operations, it is proposed that the regulations should increase the relevant content for corporate rescue.
It is clear that electronic signatures and electronic seals have the same legal effect
Regarding market access, the regulations (draft) clarify areas other than the negative list of national market access and the list of prohibited industries in Beijing's new industries. All types of market entities can enter the market equally.
Beijing intends to promote the facilitation of registration of market entities and clearly establish market entities for general business projects. If the applicant submits complete materials, the relevant government departments shall complete them immediately and provide the applicant with one-time Business licenses, official seals and bills; if it cannot be settled immediately, it should be settled within 1 working day.
The regulations (draft) also require the push of administrative services "one handle" and "one network handle". Aiming at the problems of inconvenience and in-depth work on the Internet, it is clear that the municipal affairs service department will build a unified online government service platform in the city, and implement all online government service matters. The regulations (draft) make it clear that market entities handle government affairs matters, and electronic signatures and handwritten signatures, electronic seals and physical seals, electronic certificates and paper certificates have the same legal effect, establish a unified big data management platform and information sharing mechanism in the city, and promote Government information sharing.
Organize financial institutions to provide services for first loan and renewal loans to solve financing difficulties
The regulations (draft) aim at financing difficulties and expensive financing issues, and the city's local financial supervision department will organize and coordinate relevant financial institutions and intermediary agencies to provide financial services for market lenders' first loan and renewal loans. Under the premise of protection, promote the information sharing between relevant departments and financial institutions, establish an enterprise electronic identity authentication information system, and reduce the materials that enterprises need to provide. Where market entities apply for secured financing with accounts receivable, payable parties such as state agencies, public institutions, and enterprises should promptly confirm the debt-debt relationship.
At the same time, with regard to the barriers to public resource transactions, it is clear that government procurement and bidding and tendering shall not restrict or exclude potential suppliers and bidders, and specify five prohibited actions that restrict or exclude potential suppliers and bidders.
The regulations (draft) propose to promote the establishment and improvement of Beijing's public resource trading platform system, promote the electronicization of the entire process of public resource transactions, and realize the "one form application, one certificate universal, and one China Netcom" service.
Promote the "good bad evaluation" system of administrative services to allow enterprises to rate the government
The regulations (draft) require that administrative approvals be simplified as much as possible. Aiming at the problems of many approval procedures and long time, Beijing will innovate administrative methods, implement "information commitment system", and strengthen enterprises' independent decision-making and self-discipline. It is stipulated that, in industries and fields other than those directly related to national security, public safety, and the life and health of the people, a notification and commitment system for administrative services is introduced.
Among them, if the applicant promises to meet the requirements, the government department will make a decision directly; if the applicant fails to fulfill the promise, it will be ordered to make a rectification within a time limit. If the conditions are not met after the rectification, the decision will be revoked and the relevant information will be incorporated into the Beijing Credit Information Platform.
Aiming at the problem of the lack of communication channels between government and enterprises, the regulations (draft) require the government and relevant departments to establish a normal government-enterprise communication mechanism, listen to the opinions of market players, and coordinate and solve the difficulties and problems of market players.
For example, with the support of the 12345 hotline, a policy advisory and rights protection service system is set up to accept consultations and complaints about the business environment. Relevant units should coordinately resolve issues reflected by market entities within the prescribed time limit. If they cannot be resolved, they should promptly inform and explain Happening. At the same time, a “good and bad evaluation” system for administrative services has been introduced, and market entities have evaluated the situation of government departments and their staff in handling government services.
Must not contain pocket clauses, regulate discretion
The regulations (draft) address the issue of inconsistent standards of government services, and require relevant departments to compile and publish a unified city government service affairs guidebook, clarify government service issues and their processing conditions and procedures, required materials, tolerance acceptance, handling links and Contents such as time limits and charging standards must not include vague requirements such as "others". Provisions that explicitly require relevant departments and their staff to abide by government affairs.
Regarding supervision and law enforcement, the regulations (draft) further standardize and innovate supervision and law enforcement methods, regulate discretion, and strive to maintain a fair market order.
Regarding the problem of inconsistent standards in law enforcement inspection, the regulations (draft) clearly establish a sound administrative punishment benchmarking system based on the facts, nature, circumstances of the illegal act, the degree of social harm, the elimination of harmful consequences, and the subjective mental state of the offender. Relevant government departments shall strictly implement the discretionary standards, and shall not violate the discretionary standards and impose administrative penalties.
Establish and improve the market credit repair system
Regarding the issue of encouraging corporate innovation, the regulations (draft) are clear. In accordance with the principles of encouraging innovation and development, ensuring quality and safety, and formulating temporary and transitional supervision for new technologies, new industries, new formats, new models and other characteristics. Rules and measures to implement inclusive and prudent supervision to guide its healthy and standardized development. In industries and fields other than those directly related to national security, public safety, and the life and health of the people, "double random, one open" supervision is implemented.
Aiming at the problems of different credit supervision standards, lack of credit restoration and opposition channels, it is clear that Beijing implements a credit-based hierarchical classification supervision system, and establishes and improves market credit restoration systems. Based on public credit information evaluation results, etc., the establishment of credit classification and classification supervision standards, targeted supervision measures for market entities, and for market entities with good credit conditions, reduce the frequency of inspections.
The regulations (draft) encourage enterprises to actively carry out credit repair. Enterprises can carry out credit repair by making credit commitments, completing credit rectification, credit verification, and participating in public welfare activities. Enterprises that have completed credit repairs should stop publicly revealing their mistrust.
Review opinion: Affected by the epidemic
Zhang Boxu, chairman of the Municipal Economic and Financial Committee of the National People ’s Congress, said that the new crown pneumonia epidemic had a greater impact on the economy and society, and many enterprises had difficulty in operating. In the face of the downward pressure on the economy and the significant impact of emergency events on business operations, it is recommended to add relevant content for corporate rescue.
Paragraph 2 of Article 61 of the "Emergency Response Law of the People's Republic of China" stipulates that the people's governments in areas affected by emergencies shall formulate relief, compensation, comfort, relief, resettlement, etc. according to the losses suffered in their own areas. Work plan and organize implementation to properly resolve contradictions and disputes caused by handling emergencies.
The Financial and Economic Committee of the Municipal People's Congress recommended that a clause in the Regulations (Draft) Rule of Law Guarantee be added as Article 76, which is specifically expressed as: "Emergency incidents such as natural disasters, accidents or public health events that cause major direct economic losses to enterprises The Municipal People's Government shall, in accordance with the losses suffered by the enterprise, formulate and implement plans for rescue, compensation, resettlement and other after-treatment work.