Guobanfa [2022] No. 30

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 agencies:

Optimize the business environment, Reducing institutional transaction costs is an important measure to reduce the burden on market entities and stimulate market vitality. At present, the economic operation is facing some outstanding contradictions and problems. Market entities, especially small, medium and micro enterprises and individual industrial and commercial households, still have many difficulties in production and operation. We must actively use reform and innovation methods to help market entities solve problems, overcome difficulties, recover and increase vitality. , step up efforts to consolidate the foundation for economic recovery and development. In order to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council, create a market-oriented, legal and international business environment, reduce institutional transaction costs, boost the confidence of market entities, assist the development of market entities, and provide strong support for stabilizing the macroeconomic market, with the approval of the State Council , hereby put forward the following opinions.

1. Further remove hidden thresholds and promote lower access costs for market entities

(1) Comprehensively implement negative list management for market access. We will improve the management and dynamic adjustment mechanism of the negative list for market access, promptly improve the corresponding approval mechanism and supervision mechanism, and promote the online processing of all listed matters. Steadily expand the scope of market access effectiveness assessment. Before the end of October 2022, all regions and departments will clean up explicit and implicit barriers that restrict market access and establish a long-term investigation mechanism. Deeply implement the pre-establishment national treatment plus negative list management system for foreign investment, and promote the introduction of a national version of the negative list for cross-border trade in services. (The National Development and Reform Commission and the Ministry of Commerce take the lead, and relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(2) Focus on optimizing the industrial product management system. Standardize the administrative licensing and compulsory certification management involved in the production, circulation, and use of industrial products. Promote industrial product family management, and eliminate or optimize unnecessary administrative licenses, inspections, testing and certifications based on the specific circumstances of developing and designing new products. Before the end of October 2022, select some areas to explore and launch pilot projects for enterprise self-inspection and self-certification. Promote all regions to improve the industrial production license approval and management system, build a number of one-stop service platforms for quality infrastructure such as standards, measurement, inspection and testing, certification, product identification, etc., and realize the interconnection and interoperability of relevant approval systems and quality supervision and management platforms, and related quality Technical service results are universally recognized and mutually recognized, promoting the rapid production and launch of industrial products. Carry out classified supervision of industrial product quality and safety credit, and before the end of 2022, study and formulate quality credit evaluation standards for production enterprises. (The State Administration for Market Regulation takes the lead, and the Ministry of Industry and Information Technology and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(3) Standardize the implementation of administrative licensing and administrative filing. Before the end of 2022, the relevant departments of the State Council will formulate the implementation specifications for administrative licensing matters set at the central level one by one, and the provincial, municipal, and county levels will compile a list of administrative licensing matters and service guidelines at the same level. We will deepen reforms such as notifications and commitments, actively explore the "one industry, one certificate" reform, and promote administrative licensing to reduce links, materials, time limits, and fees. In some regions, we are exploring the launch of pilot projects for linkage between review and management to strengthen supervision of the entire chain before, during, and after the event. We will carry out in-depth pilot reform of the standardized management of administrative filings and study and formulate policies and measures on standardized management of administrative filings. (The General Office of the State Council takes the lead, and relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(4) Effectively regulate government procurement and bidding. Continue to standardize the behavior of bidding entities and strengthen supervision of the entire bidding chain. Before the end of October 2022, promote the online handling of the entire process of bidding, bidding, and bid opening in the field of engineering construction and the mutual recognition of digital certificates in the field of bidding and bidding across regions and platforms. Support local governments to explore the application of electronic business licenses in bidding platform login, signature, and online contract signing. Eliminate the supplier pre-selection database, qualification database, directory database, etc. that are set up illegally in various regions. Local registration of enterprises or construction of production lines, procurement of local supplier products, entry into local support lists, etc. shall not be linked to bid winning results, and efforts shall be made to eliminate ownership discrimination, local protection and other unreasonable restrictions. Government procurement and bidding shall not limit the form of deposits, and shall not specify financial institutions or guarantee institutions that issue letters of guarantee. Supervise relevant bidders, bidding agencies, public resource trading centers, etc. to promptly clear the deposits that should be refunded but have not yet been refunded. (The National Development and Reform Commission, the Ministry of Finance, the State Administration for Market Regulation and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(5) Continue to facilitate the registration of market entities. Before the end of October 2022, unified national enterprise establishment and change registration specifications and review standards will be formulated, gradually realize integrated services for domestic and foreign investment, and orderly promote the online processing of foreign-invested enterprise establishment and change registration. Comprehensively clean up illegal cross-regional business and relocation restrictions on enterprises in various regions. Simplify the procedures for handling taxes and fees related to cross-regional relocation of enterprises, and before the end of 2022, study and formulate rules for the transfer of files for enterprises relocating to other places. We will improve the suspension system for market entities and study and formulate supporting policies such as taxation and social security. Further improve the level of "one-network service" for enterprise cancellation and optimize the procedures for simple cancellation and ordinary cancellation. (The Ministry of Human Resources and Social Security, the State Administration of Taxation, the State Administration for Market Regulation, the State Archives Administration and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

2. Further standardize enterprise-related charges and promote the reduction of the operating burden of market entities

(6) Strictly regulate government fees and fines.

Strictly implement the catalog list of administrative charges and government funds, strictly control new enterprise-related charge items in accordance with laws and regulations, and strictly investigate and punish forced apportionment, excessive tax collection, withholding tax and fee reduction bonuses, illegally setting fine items, and unauthorized increases fines, etc. Strictly standardize administrative penalties, further clean up and adjust unreasonable fines such as violations of statutory authority settings, improper fines, and promptly formulate policy documents that standardize the setting and implementation of fines, and resolutely prevent the use of fines to increase revenue, use fines to escrow, and profit-driven law enforcement etc. behavior. Before the end of 2022, special rectification of illegal charges involving enterprises will be completed, focusing on investigating and punishing behaviors such as failure to implement fee reduction and burden reduction policies, and failure to implement enterprise-friendly charging policies as required. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Justice, the Ministry of Finance, the State Administration of Taxation, the State Administration for Market Regulation and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(7) Promote the standardization of municipal public use Services are subject to extra charge. Strengthen the price supervision of municipal public services such as water, electricity, gas, heat, communications, and cable TV, resolutely stop forced bundling and tying, and implement list management of services and charging items subject to government pricing and government-guided prices. Before the end of 2022, "zero investment" in telegraph installations for residential users and small and micro enterprises with a telegraph installation capacity of 160 kilowatts and below will be fully implemented nationwide. Comprehensively publicize the price of non-grid direct power supply, strictly rectify the illegal charging of other fees in electricity bills, and implement direct supply to households and "one household, one meter" as soon as possible for qualified end users. Supervise commercial building managers and others to promptly disclose charging items in the broadband access market, and seriously investigate and deal with illegal activities such as restricted entry and unannounced charges. (National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Housing and Urban-Rural Development, State Administration for Market Regulation, National Energy Administration, State Grid Co., Ltd. and other relevant departments and units and regions are responsible according to the division of responsibilities)

( 8) Efforts should be made to standardize financial service charges. Accelerate the improvement of the long-term mechanism for bank charge supervision, standardize the management of price adjustment in the banking service market, strengthen the management of service outsourcing and service cooperation, set red lines for the supervision of service price behavior, and speed up the revision of the "Measures for the Management of Commercial Bank Service Prices". Encourage banks and other financial institutions to provide reasonable discounts to small and micro enterprises, and appropriately reduce or exempt fees for account management services. Resolutely investigate and punish banks' failure to disclose service price information in accordance with regulations, as well as their failure to implement preferential charging policies for small and micro enterprises in financing services, pass on costs, and force bundling and tying of insurance or wealth management products. Encourage securities, funds, guarantees and other institutions to further reduce service charges, and promote financial infrastructure to reasonably reduce transaction, custody, registration, clearing and other fees. (The National Development and Reform Commission, the People's Bank of China, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China Securities Regulatory Commission and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(9) Clean up and standardize the fees charged by industry associations and chambers of commerce. Strengthen the supervision and inspection of the charging behavior of industry associations and chambers of commerce, further promote all levels of industry associations and chambers of commerce to disclose charging information, and strictly prohibit industry associations and chambers of commerce from forcing companies to go to specific institutions for testing, certification, training, etc. and obtain profit sharing, or use evaluation, Charges are levied against the enterprise in the name of commendation and other violations. Study and formulate policies and measures to promote the healthy and standardized development of industry associations and chambers of commerce, strengthen the standardized management of industry associations and chambers of commerce, etc., and give full play to the active role of industry associations and chambers of commerce in policy formulation, industry autonomy, and the protection of corporate rights and interests. Before the end of October 2022, a "look back" on the cleanup and rectification of illegal charges by industry associations and chambers of commerce will be completed. (The National Development and Reform Commission, the Ministry of Civil Affairs, the State Administration for Market Regulation and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(10) Promote the reduction of logistics service charges. Strengthen the supervision of charges in freight areas such as ports, cargo yards, and dedicated lines, and regulate the charging behaviors of shipping companies, shipping agencies, freight forwarding companies, etc. in accordance with the law. Clarify the time limits and procedures for port logistics operations in railway, highway, waterway, aviation and other transportation links, accelerate the reform of multimodal transport such as "road-to-rail" and "road-to-water" for medium and long-distance transportation of bulk goods and containers, and promote transportation vehicles and related Document standardization, on the premise of ensuring safety regulations, promotes the establishment of a recycling system for standardized loading equipment such as containers and pallets. Before the end of November 2022, no less than 100 multimodal transport demonstration projects will be constructed to reduce duplication of investment by enterprises and continue to reduce comprehensive freight levels. (National Development and Reform Commission, Ministry of Transport, Ministry of Commerce, State Administration for Market Regulation, State Railway Administration, Civil Aviation Administration of China, China National Railway Group Co., Ltd. and other relevant departments and units and regions are responsible according to the division of responsibilities)

3. Further optimize enterprise-related services and promote the reduction of service costs for market entities

(11) Comprehensively improve online and offline service capabilities. Accelerate the establishment of a full life cycle service system for market entities that is efficient, convenient, high-quality and inclusive, and comprehensively improve the level of offline "one-window comprehensive services" and online "one-stop services". Focus on "doing one thing well" for enterprises and the masses, and actively promote the integrated handling of high-frequency matters such as business establishment and cancellation, real estate registration, recruitment and employment, to further reduce service links. Relying on the national integrated government service platform, we will accelerate the construction of a unified electronic certificate database, clarify the information standards for various types of electronic certificates, promote and expand the applications of electronic business licenses, electronic contracts, electronic signatures, etc., and promote the remote processing of more high-frequency matters. "Trans-provincial handling". (The General Office of the State Council takes the lead, and relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(12) Continue to optimize investment and construction project approval services.

Optimize the assessment processes for overburden minerals, climate feasibility, water resources demonstration, flood control, archaeology, etc., and support local comprehensive assessments where conditions permit. Explore the use of market mechanisms to promote the redevelopment of inefficient urban land and better revitalize existing land resources. Integrate various surveying and mapping matters in stages, promote the unification of surveying and mapping standards and results forms, and achieve "one commission and unlimited sharing of results" at the same stage. Explore the establishment of a mechanism for centralized joint office work and parallel processing of procedures by departments, optimize the approval process for major investment projects in accordance with the law, and promote local governments to trial the commitment system based on their responsibilities and authority for matters related to investment approval such as land use and environmental impact assessment, so as to improve the efficiency of approval. Before the end of October 2022, a mechanism for docking investment and financing information between investment authorities and financial institutions will be established to provide comprehensive financial services for the rapid implementation and production of key projects. Before the end of November 2022, formulate standardized and standardized management measures for the approval of engineering construction projects. Before the end of 2022, interconnection and information sharing between the engineering construction project approval management systems in various regions and municipal public service enterprise systems will be realized, and the quality of water, electricity, gas and heat access services will be improved. (National Development and Reform Commission, Ministry of Natural Resources, Ministry of Ecology and Environment, Ministry of Housing and Urban-Rural Development, Ministry of Water Resources, People's Bank of China, China Banking and Insurance Regulatory Commission, National Energy Administration, State Administration of Cultural Heritage, State Grid Corporation of China and other relevant departments and units and regions according to their responsibilities Division of labor and responsibilities)

(13) Focus on optimizing cross-border trade services. Further improve the functions of the free trade agreement comprehensive service platform and help enterprises make good use of the Regional Comprehensive Economic Partnership Agreement and other rules. Expand the "customs clearance + logistics" and "foreign trade + finance" functions of the "single window" to provide enterprises with services such as customs clearance logistics information inquiry, export credit insurance processing, and cross-border settlement financing. Support relevant regions to build a one-stop service platform for cross-border e-commerce to provide enterprises with services such as preferential policy declaration, logistics information tracking, and dispute resolution. Explore and solve the problem of difficult returns and exchanges for cross-border e-commerce, optimize the workflow of cross-border e-commerce retail imports, and promote convenient and fast customs clearance. Before the end of 2022, online processing of import and export customs clearance services will be implemented at major domestic ports. (The Ministry of Transport, the Ministry of Commerce, the People's Bank of China, the General Administration of Customs, the State Administration of Foreign Exchange and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(14) Effectively improve the level of tax payment services. Comprehensively implement electronic general payment forms for non-tax income, promote electronic collection of all areas of non-tax income and "inter-provincial payment", and facilitate payment services for market entities. Implement automatic push reminders and online processing of tax refunds for overpayments in final settlement and settlement and for tax refunds found to have been erroneously collected and overpaid. Promote the entire export tax rebate process to be paperless. The process for handling excess tax refunds will be further optimized, the tax refund review procedures will be simplified, tax refund risk prevention and control will be strengthened, and the refund of excess tax credits will be delivered safely, quickly and directly to taxpayers. Expand the scope of "contactless" tax payment and promote inter-provincial remote electronic tax payment and electronic postal tax payment services. By the end of November 2022, 95% of tax service matters will be handled "online". Before the end of 2022, paperless reimbursement, accounting, archiving, storage, etc. of electronic invoices will be realized. (The Ministry of Finance, the People's Bank of China, the State Administration of Taxation, the State Archives Administration and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(15) Continue to standardize intermediary services. Clean up and standardize administrative licensing intermediary service matters that are not based on laws, regulations, or decisions of the State Council, and establish a list of administrative licensing intermediary service items at the central and provincial levels. Encourage all regions to rely on the existing government service system to provide online intermediary supermarket services coordinated at the provincial level, attract more intermediaries to settle in, resolutely rectify the monopoly of services by intermediaries designated by administrative agencies, interfere with the selection of intermediaries by market entities, and investigate and deal with intermediaries in accordance with the law Behaviors such as mandatory service charges. Comprehensively implement the list management of administrative licensing intermediary service charge items, clean up and standardize illegal and unreasonable charges for intermediary services involving environmental testing, bidding agency, government procurement agency, property rights transactions, financing guarantee evaluation, etc. (The General Office of the State Council, the National Development and Reform Commission, the State Administration for Market Regulation and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(16) Improve the accurate and direct mechanism for policies that benefit enterprises. Before the end of 2022, governments at or above the county level and their relevant departments should set up special areas for enterprise-friendly policies in prominent locations such as portal websites and government service platforms to collect enterprise-friendly policies applicable to market entities in this region and in this field. Strengthen the collection and sharing of enterprise-related information, classify and "portrait" enterprises, and promote intelligent matching and rapid implementation of policies that benefit enterprises. Encourage government service halls at all levels to set up centralized processing windows for enterprise-friendly policies, actively promote local governments and departments to build mobile service systems for enterprise-friendly policies, provide services such as online applications, online feedback, and reminders of unenrolled entitlements, and ensure financial subsidies and tax exemptions. Policies to benefit enterprises such as job stabilization and job expansion have been implemented in place. (All regions and departments are responsible)

Fourth, further strengthen fair supervision and effectively protect the legitimate rights and interests of market entities

(17) Innovate and implement precise and effective supervision. Further improve the supervision methods, fully implement cross-department joint "double randomization, one disclosure" supervision, promote the sharing and mutual recognition of regulatory information, and avoid multiple law enforcement and repeated inspections. Accelerate the establishment and improvement of credit classification and classification supervision systems in the fields of market supervision, tax management, import and export, and implement differentiated supervision based on risk levels. Actively explore the use of modern information technology to implement off-site supervision in the fields of production safety, food safety, transportation, ecological environment and other fields to avoid unnecessary interference with the normal production and operation activities of market entities.

(The General Office of the State Council takes the lead, and relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(18) Strictly standardize regulatory and law enforcement activities. Comprehensively improve regulatory transparency and compile a list of regulatory matters at the provincial and municipal levels before the end of 2022. Strictly implement the three systems of administrative law enforcement and establish a reporting mechanism for typical cases of violations of fair law enforcement. Establish and improve the benchmark system for administrative discretion to prevent problems such as willful law enforcement, different penalties for similar cases, and excessive penalties. We must resolutely put an end to "one-size-fits-all" and "campaign-style" law enforcement, and strictly prohibit requiring market entities to generally suspend production and business without legal procedures. In the fields of market supervision, urban management, emergency management, fire safety, transportation, ecological environment and other fields, we will formulate and improve law enforcement work guidelines and standardized inspection forms to standardize daily supervision behaviors. (The General Office of the State Council takes the lead, and relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(19) Effectively ensure fair competition among market entities. Comprehensively implement the fair competition review system, and by the end of October 2022, organize and carry out special actions to stop the abuse of administrative power to exclude and restrict competition law enforcement. Refine the standards for identifying monopolistic behavior and unfair competition, strengthen and improve anti-monopoly and anti-unfair competition law enforcement, investigate and deal with malicious subsidies, low-price dumping, and setting unreasonable trading conditions in accordance with the law, and severely crack down on "free riding" and "free riding". "Traffic" and other counterfeit and confusing behaviors, and strictly regulate the behavior of stagnant pressure and occupation of operators' margins and transaction funds. (The National Development and Reform Commission, the Ministry of Justice, the People's Bank of China, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration for Market Regulation and other relevant departments of the State Council and various regions are responsible according to the division of responsibilities)

(20) Continue to strengthen the protection of intellectual property rights. Strictly manage intellectual property rights, regulate abnormal patent application behaviors in accordance with the law, and promptly investigate and deal with illegal use of trademarks and malicious registration applications for trademarks. Improve the collective trademark and certification trademark management system, standardize the registration and use of geographical indication collective trademarks, resolutely curb malicious litigation or disguised collection of "membership fees" and "franchise fees", and effectively protect the legitimate rights and interests of small and micro merchants. Improve the intellectual property protection system for new fields and new business formats such as big data, artificial intelligence, and genetic technology. Strengthen guidance on how companies respond to overseas intellectual property disputes, and publish guidelines for trademark rights protection in key overseas countries before the end of 2022. (The Supreme People's Court, the Ministry of Civil Affairs, the State Administration for Market Regulation, the State Intellectual Property Office and other relevant departments and units and regions are responsible according to the division of responsibilities)

5. Further standardize administrative power and effectively stabilize policy expectations of market entities< /p>

(21) Continuously improve policy formulation and implementation mechanisms. Establish a regular communication platform between government departments, market entities, industry associations and chambers of commerce to understand and respond to corporate demands in a timely manner. When formulating enterprise-related policies, requirements such as evaluation and demonstration, public solicitation of opinions, and legality review must be strictly implemented. Opinions of relevant enterprises must be fully listened to before the introduction of major enterprise-related policies. Before the end of November 2022, special supervision of the implementation of the legality review mechanism of administrative normative documents will be carried out. Effectively give full play to the role of the China Government Network online research platform and government portals at all levels as an opinion collection platform, grasp the timeliness and effectiveness of policy introduction and adjustment, scientifically set up buffer measures such as transition periods, and avoid "sharp turns" and policy "fights". When formulating and implementing policies on urban management, environmental protection, energy conservation and emission reduction, and production safety, various regions must not increase the burden on market entities. Establish and improve a major policy evaluation and evaluation system. Before the policy is issued, the expected effects will be scientifically determined and the implementation will be closely monitored after the policy is issued. Before the end of 2022, pilot evaluations will be carried out in the fields of major project investment, science and technology, ecological environment and other fields. (Each region and department is responsible)

(22) Focus on strengthening the integrity of government affairs. Improve the mechanism for keeping promises in government affairs. Administrative agencies at all levels must promptly make a list of the commitments made in accordance with the law and regulations but not fulfilled, clarify the rectification measures and completion deadlines, and resolutely correct government breaches of trust such as "new officials ignore old accounts" and "beat the drum to spread flowers". Behavior. Before the end of 2022, implement a mandatory disclosure system for overdue accounts of small and medium-sized enterprises, and include arrears information in the scope of government information disclosure. Carry out centralized management of arrears in the accounts of small and medium-sized enterprises, seriously hold accountable those who falsely report repayment amounts or turn indisputable arrears into disputed arrears, and clean up and rectify improper conduct by requiring small and medium-sized enterprises to accept debt certificates from designated institutions or go to designated institutions for discounts. Profit-making activities shall be severely punished, including false repayments or disguised defaults by not signing contracts, not issuing invoices, not accepting acceptances, etc. Encourage all regions to explore the establishment of a coordination mechanism for the enforcement of government integrity litigation and promote the performance of government integrity contracts. (The Supreme People's Court, the General Office of the State Council, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Justice, the State Administration for Market Regulation and other relevant departments and units and each region are responsible according to the division of responsibilities)

(Twenty-three ) Resolutely rectify inaction and disorderly conduct. All regions and departments must resolutely correct all kinds of laziness and maladministration and other non-performance of duties, as well as incorrect performance of duties such as emphasizing form rather than performance. Strictly delineating the boundaries of administrative power has no basis in laws and regulations, and policies issued by administrative agencies must not detract from the legitimate rights and interests of market entities. All regions must establish and improve business environment complaint reporting and problem clue verification and handling mechanisms, give full play to the role of 12345 government service convenience hotline, government service platform and other channels, promptly investigate and deal with the problems of inaction and disorderly behavior reported by market entities and the public, and effectively strengthen social supervision . The General Office of the State Council shall work with relevant parties to promptly report typical cases that damage the business environment.

(All regions and departments are responsible)

All regions and departments must conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council, strengthen organization and implementation, strengthen coordination and cooperation, and accelerate the formulation of specific supporting measures based on actual work to ensure that all The measures have been implemented and produced results, creating a good environment for the healthy development of various market entities. The General Office of the State Council should increase coordination and supervision, promptly summarize and promote the experiences and practices of various regions and departments, and continuously expand the effectiveness of reforms.

General Office of the State Council

September 7, 2022

More about the writing and production of tender documents for engineering/service/procurement categories to improve the bid winning rate, you You can click on the official website customer service at the bottom for free consultation: /#/?source=bdzd