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Guo Shi Jian Xin [2019] No. 38

Provinces、Autonomous Region、Market Supervision Bureau (Department) of Municipalities and Xinjiang Production and Construction Corps、Commission)，Departments and bureaus of the General Administration、Each direct unit:

"Double random、A public supervision is the Party Central Committee、Major decisions and arrangements made by the State Council。In recent years，Market regulatory authorities at all levels strictly implement the "Notice of the General Office of the State Council on Promoting Random Inspections and Standardizing Supervision During and After the Process" (Guobanfa [2015] No. 58)，Actively promote "double randomization、An open” supervision，Achieved good results。In order to comprehensively promote the "double randomization" of the market supervision department、Open” supervision work，Strengthen the unification of spot checks、Institutionalization、Normalization，Effectively support ongoing and post-event supervision，In accordance with the "State Council's Notice on Comprehensive Implementation of Departmental Joint "Double Randomization" in the Field of Market Supervision、Disclosure of "Supervision Opinions" (Guofa [2019] No. 5) requirements，The relevant matters are hereby notified as follows:

1. Overall requirements

(1) Deep understanding of "double randomization、The importance of “open” supervision。

"Double random、"Open" is a profound change in market supervision。With the continuous advancement of streamlining administration and delegating power，Significant growth in market entities，Various new business formats are emerging in endlessly，Prominent risks in some areas，Proposed new challenges to strengthen supervision during and after the event。Market supervision departments must adhere to fair and just supervision as their basic principles，“Managing excellence is not managing chaos、Controlling life is not controlling death”，Maximize supervision efficiency、Supervision cost optimization、Minimize interference to market entities，Strive to create a good business environment、Orderly competitive environment and safe consumption environment。

Practice shows，"Double random、Open supervision has significantly improved supervision efficiency while reducing supervision costs，Alleviates the prominent contradiction between regulatory objects and regulatory forces，Reduced the burden on enterprises，Enhanced the awareness of the first person responsible for the corporate market order，Adapted to the new situation of commercial system reform and the new requirements for strengthening in-process and ex-post supervision。Market regulatory authorities at all levels must effectively change their regulatory concepts，Innovative supervision methods，In the context of the integration of market supervision functions，Accelerate the improvement of "double randomization、Open supervision is the basic means、Supplemented by key supervision、A new regulatory mechanism based on credit supervision，Adhere to integrated online and offline supervision，Strive to improve regulatory fairness、Normativity and validity。

(2) Strengthen overall planning and coordination.

"Double random、Open supervision is an overall task of market supervision。Market regulatory authorities at all levels must give full play to their overall advantages，Strengthen overall planning and coordination，Focus on the functional integration of various internal business lines，Change "double random、The concept of “one disclosure” supervision runs through all fields of market supervision and law enforcement。Business departments and bureaus of the General Administration、Provinces (districts)、Municipal) market supervision departments must fully integrate daily supervision tasks，Avoid repeated multi-head placement，Effectively reduce the burden on grassroots。All business departments and bureaus of the General Administration must strengthen work guidance，Supervise relevant units responsible for inspection and testing functions to carry out work in accordance with spot inspection specifications。

(3) Correctly handle the dafabet live casinorelationship between double random inspections and other special or key inspections。

Playing "double random、The routine nature of “open” supervision、While playing a fundamental role，Involving key areas of food and drugs、Product quality and safety and special equipment safety，Things not included in the spot inspection list，Strict supervision according to existing methods。Report through complaint、Clues to cases of violations of laws and regulations discovered by the transfer agency，Check in time、Disposal。Review the common problems and prominent risks discovered through monitoring，When conducting targeted inspections，We must implement "double randomization、The concept of “openness”，Determine the random inspection industry based on actual conditions、Spot inspection area and spot inspection ratio，Strictly guard against systemic problems、Regional Risk。

2. Unify various systems

(1) Prepare a unified list of random inspection items.

In accordance with the requirements for integration of market supervision functions，The State Administration of Market Regulation prepares the "List of Random Inspections of the State Administration for Market Regulation" (hereinafter referred to as the "List")。Provinces (districts)、Municipal) Market Supervision Department must follow the "List"，Combining provincial local regulations、Government regulations and regulatory enforcement matters assigned to the market supervision department in accordance with Article 16, Paragraph 1, of the Administrative Punishment Law，Add corresponding content，Develop a provincial spot inspection list。

Random inspection items are divided into general inspection items and key inspection items。Key inspection items are for safety、Quality、Public interests and other important areas，No upper limit on the random inspection ratio;Those with a high proportion of spot checks，The order of inspection batches can be determined by random selection。General inspection matters are for general supervision areas，The proportion of random inspections should be strictly limited based on the actual supervision situation。General Administration and provinces (districts)、Municipal) Market Supervision Department can dynamically adjust the "List" etc. based on the revision of laws, regulations and actual work conditions，And promptly disclose it to the public through relevant websites and platforms。

(2) Unified establishment of a directory of inspection objects and a directory of law enforcement inspectors。

Relevant departments and bureaus of the General Administration should combine the characteristics and needs of supervision，Coordinate the establishment of a unified directory of inspection objects in various fields，And achieve dynamic updates，Make sure the bottom line is clear。The inspection object directory can include enterprises、Individual industrial and commercial households and other market entities and other entities，Can also include products、Project、Behavior etc.。The directory of inspection objects involving market entities should be established based on the National Enterprise Credit Information Disclosure System (hereinafter referred to as the “Disclosure System”)。Provinces (districts)、Municipal) market supervision departments must cooperate in the construction of a directory of inspection objects。

Provinces (regions、Municipal) Market Supervision Department should establish a directory of law enforcement inspectors of market supervision departments at all levels in the province，Including all administrative and law enforcement civil servants in various business lines、Staff with administrative law enforcement qualifications，And in accordance with law enforcement qualifications、Classification and labeling of business expertise，Improve work efficiency。Spot checks on specific areas，Can also absorb testing institutions、Scientific Research Institute、Industry experts and others participated，Assist work by providing expert advice，Meet the needs of professional spot checks。

(3) Uniformly formulate random inspection work specifications.

The General Administration formulates random inspection work guidelines in a timely manner，Clear the inspection contents of various random inspection items included in the "List" one by one、Methods and work requirements。Provinces (districts)、Municipal) Market Supervision Department can formulate and improve random inspection work details based on the actual situation，Just the extraction method、Inspection process、Approval authority、Public announcement procedure、Make clear provisions on filing methods, etc.。

(4) Construction of an information platform for unified supervision.

Provinces (regions、Municipal) Market Supervision Department should actively promote unified "double randomization、Construction of a "public" supervision platform。By the end of 2019, double random spot checks involving various market entities will be initially implemented and unified based on the publicity system。Improving the standardization of double random inspections through information technology、Specialization，Realizing the entire process of leaving traces。Smooth data collection path，Ensure that the results of various professional spot checks are collected in a timely and effective manner to the corresponding market entities。

3. Standardize the inspection process

(1) Formulate an annual spot inspection work plan.

Market supervision departments at or above the county level shall coordinate and formulate annual spot inspection work plans in accordance with the work requirements of higher-level market supervision departments and the list of provincial spot inspection items，Clear the scope of spot checks for each batch、Quantity and timing，And report to the superior market regulatory authority for filing。The inspection object and inspection method are similar，Arrangements should be merged。Provinces (districts)、Municipal) market supervision departments should reasonably arrange unified spot checks at the provincial level and in each city based on the actual situation、Distribution ratio of self-spot inspections at the county level，And the proportion of spot checks in different regions，Coordinate and formulate the provincial annual spot inspection work plan before the end of January each year。The annual spot inspection work plan is formulated in units of natural years，Can be adjusted according to actual work。The 2019 spot inspection work plan should be completed before the end of March 2019。

Before the end of each year, the General Administration determines the range of random inspection proportions for the next year for various random inspection items in the "List"。Relevant departments and bureaus of the General Administration really need to carry out random inspections at the same level，To summarize and form the general administration’s spot inspection work plan，Clearly determined by each province (region、Municipal) Market Supervision Department is responsible for inspection or cooperation in implementation matters。

The annual spot inspection work plan should be disclosed to the public through the publicity system。Regulatory areas involved in random inspections by market regulatory authorities at all levels，In principle, special inspections and “full coverage” inspections will no longer be deployed。

(2) Randomly select inspection objects.

Market supervision departments at all levels must select inspection objects batch by batch in accordance with the arrangements of the annual spot inspection work plan。In the process of extraction，In accordance with laws, regulations and regulatory areas、The actual situation of the law enforcement team，For different levels of risk、Differentiated supervisory measures shall be adopted for the credit level inspection objects，Reasonably certain、Dynamicly adjust the random inspection ratio and the probability of inspection objects being randomly inspected，Ensuring necessary spot inspection coverage and regulatory effects，To prevent excessive inspections and law enforcement from disturbing the people。The extraction process must be made public、Justice。

(3) Randomly select law enforcement inspectors.

Market supervision departments at all levels are responsible for the matching of law enforcement inspectors within their respective jurisdictions。We must comprehensively consider the geographical environment of the area under our jurisdiction、Business expertise、Business expertise、Objective factors such as protection level，Choose a method of randomly selecting law enforcement inspectors based on local conditions。Limited to law enforcement inspectors，Cannot meet the basic conditions for random inspection in this area，Direct delegation can be adopted，Or random matching with law enforcement inspectors from adjacent areas。

(4) Reasonably determine the random inspection method.

Market regulatory authorities at all levels can conduct on-site inspections based on actual regulatory conditions、Written Check、Network check、Entrust professional institutions to inspect, etc.。Entrusting a professional agency to conduct random inspections，Market regulatory authorities should strengthen business guidance and supervision。Inspection conclusions of other government departments can be used in accordance with the law during spot inspections、Effective documents from judicial authorities and professional conclusions made by professional institutions。Encourage the use of information technology to improve the efficiency of spot inspections and the ability to find problems。

(5) Strengthen the publicity and application of spot inspection results.

Except for situations where disclosure is not appropriate in accordance with laws and regulations，Market regulatory authorities at all levels must complete this spot inspection within 20 working days，Pass the random inspection results through the public announcement system、Public announcement through professional spot check system and department website etc.，Accept social supervision。Spot inspection results involving market entities，Collect it in the public notification system in time。Actively push administrative penalties to other government departments、"Blacklist" and other related information，Implement joint punishment，Form a powerful deterrent，Enhance the awareness of market entities to abide by the law。

Various problems discovered during double random inspections，According to "who has jurisdiction、The principle of "who is responsible" will be used to ensure the connection of follow-up supervision。Intensify punishments for found violations of laws and regulations in accordance with the law，Prompt transfer of suspected crimes to judicial authorities，Prevent regulatory disconnect。

(6) Actively carry out "double randomization" jointly conducted by departments in the field of market supervision、An open” supervision。

Market supervision departments at all levels must follow the "State Council's Notice on Comprehensive Implementation of Joint Departmental "Double Randomization" in the Field of Market Supervision、Requirements for the disclosure of "Supervision Opinions" (Guofa [2019] No. 5)，Based on local reality，Under the unified leadership of the local government，Take the lead，Actively cooperate with relevant departments in the field of market supervision to carry out joint "double randomization"、An open” supervision，Achieve "entering once"，Check multiple things”，Effectively reduce the burden on enterprises。

4. Clarify the boundaries of responsibilities

(1) Basic principles.

Market regulatory authorities at all levels should further enhance their sense of responsibility。Unfulfilled、Improper performance、Illegal performance of "double randomization、A disclosure of supervisory responsibilities，To be dealt with seriously in accordance with laws and regulations;Suspected of committing a crime，Transferred to judicial authorities for criminal liability。At the same time，We must adhere to the principle of "due diligence, compliance with orders, and exemption from liability"，Principle of accountability for dereliction of duty，The law enforcement inspectors of market supervision departments at all levels shall carry out "double random inspections" strictly in accordance with the list of random inspection items and related work systems、An open” supervision，The inspection object was not drawn or no problem was found when it was drawn，As long as law enforcement inspectors do not abuse their powers、Practice for personal gain, malpractice, etc.，Exempt from relevant liability。

(2) Accountability situations.

、One of the following situations occurs during “public” supervision，Should bear administrative responsibility: Failure to conduct random inspections as required,causing adverse consequences;Failure to promptly announce random inspection results in accordance with the law，causing adverse consequences;Suspected criminal cases discovered during random inspections，Not transferred to the public security organs for processing according to law;Failure to perform or delay the execution of spot inspection tasks;Others who should be held accountable in accordance with laws and regulations。

(3) Exemption circumstances.

、One of the following situations exists in the supervision of “one disclosure”、Relevant market entities have problems，Can be exempted from administrative responsibility: Arrange according to laws, regulations and random inspection work plan，Those who have performed random inspection duties;The existing problems cannot be discovered due to limitations of existing professional and technical means;An accident occurred in the inspection object，There is no causal relationship in nature with the random inspections by law enforcement inspectors;Because the professional agency entrusted with the inspection issued a false report, etc.，Resulting in incorrect judgment or processing;Others who should not be held accountable according to laws and regulations。

5. Strengthen organization and implementation

(1) Strengthen organizational security.

Market regulatory authorities at all levels must solidly promote “double randomization、Open” supervision work。Improve leadership and coordination mechanism，Strengthen funding guarantee，To implement unified "double randomization、The “open” supervision is an opportunity，Promote "chemical integration" after the functional integration of market supervision departments at all levels。

(2) Do a good job in publicity and training.

Strengthen public opinion propaganda，Via News Report、Feature film、Proactively demonstrate to the society the fairness of market regulatory authorities through interviews and other forms、Integrity、According to law、Good image of prudential supervision，Accelerate the formation of corporate integrity and self-discipline、Good atmosphere for public supervision。Relevant business departments and bureaus of the General Administration must strengthen training for grassroots and front-line law enforcement inspectors，Improve supervision and law enforcement capabilities。

(3) Strengthen assessment and supervision.

Higher-level market supervision departments should strengthen the "double randomization" of lower-level market supervision departments、Guidance on “disclosure” supervision work、Supervision and inspection。Can pass inspection、Network Monitoring、Assessment by sampling review and other methods，Relevant information can be notified to the local people's government when necessary。The General Administration will conduct regular inspections of provinces (districts)、Municipal) Market Supervision Department carries out “Double Randomization、Check the status of supervision work as soon as it is disclosed。

Attachment:List of random inspection items by the General Administration (printed and distributed).xlsx.xlsx

State Administration for Market Regulation

February 1, 2019

Source:State Administration for Market Regulation