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 Release date: 2024-09-05   |   Number of visits: 494    
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In order to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China and the Third Plenary Session of the 20th Central Committee,Comprehensive implementation of the Party Central Committee、The State Council’s latest decision-making and deployment on optimizing the business environment,Continue to create marketization、Legalization、International first-class business environment,The State Administration for Market Regulation recently announced the "Key Measures for Market Supervision Departments to Optimize the Business Environment (2024 Edition)" (hereinafter referred to as the "Key Measures"),The "Key Measures" will come into effect from the date of issuance。The relevant situation is now interpreted as follows。

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Use legal means to protect business entities,It is what enterprises hope for,It is also a fundamental requirement for the construction of a legalized business environment。"Key Measures" insist on advancing with the times、Keep integrity and innovate,Based on the achievements in the construction of market supervision system since the 18th National Congress of the Communist Party of China,According to further comprehensively deepening reforms、Overall requirements for promoting Chinese-style modernization,Proposed a series of new measures to improve the market supervision system and rules。

In terms of improving the market access system,Proposed to optimize new business formats、Registration system for business entities in new fields,Study and improve the basic legal system for business entity registration management and commercial-related legal systems。Authorize provincial market supervision departments to engage in the registration and management of enterprise names that do not include administrative division names,Strengthen the preventive protection mechanism for well-known corporate names,Study the legal system for trade name protection。In terms of improving the fair competition system,Proposed to promote the introduction of fair competition review and spot checks、Report handling and other supporting systems,Formulate and issue the "Guidelines for the Review of Horizontal Business Concentrations",Study and formulate the "Guidelines for Review of Non-Horizontal Business Concentrations" and "Exclusion of Abuse of Administrative Powers"、Guidelines for Enforcement of Restricted Competition》。In terms of improving the market order system,Proposed to revise the "Interim Measures for the Management of the List of Abnormal Business Operations of Enterprises",Accelerate the promulgation of the "Measures for Handling Illegal and Violations of Enterprise-related Charging" and "Compliance Guidelines for Online Trading Platform Charging Behavior",Help reduce the burden on enterprises,Regulate platform charging behavior。In terms of improving the "three products and one special" system,Proposed to speed up the formulation and revision of departmental regulations such as the "Measures for the Supervision and Management of Food Entrusted Production" and the "Regulations on the Supervision and Management of Food Production and Operation Enterprises' Implementation of Food Safety Subject Responsibilities"。Proposition of these new measures,Conducive to transparency、Stable、Predictable regulatory rule system,Play a positive role in promoting the legal and compliant development of business entities。

  二、In terms of creating a convenient and standardized environment for the entry and exit of business entities,What are the new reform measures in the "Key Measures"?

Market entry and exit are important links for business entities to feel the business environment。"Key Measures" to accelerate the construction of a unified national market,Build a unified national market system and rules,Strive to reduce institutional transaction costs as the goal,Proposed to continue to promote the standardization of market access and exit、Facilitating reform measures。

New measures in the access process mainly include: studying and promulgating regulations on the standardized management of registration matters for business entities,Revise the relevant systems for file management of business entities。Under the premise of ensuring food safety,Research and explore the facilitation of food operation chain enterprises、Standardized access measures。Implement the payment of subscribed capital on time and in accordance with the law,Guarantee transaction integrity、Order and Security。Strengthening registration professional capacity building,Exploring the establishment of a registration specialist system。Expand market access with electronic business licenses、Tax payment、Social Security、Finance、Applications in high-frequency enterprise-related service fields such as bidding and bidding。Accelerate the unification of paper business licenses and electronic business license QR codes,Promote "One Enterprise, One Photo, dafabet online sports betting appOne Code"。Improving the enterprise real-name registration mechanism,Further standardize the behavior of intermediaries handling the registration of business entities on their behalf。Severely crack down on false registrations in accordance with the law,Improve the work system and mechanism for deregistration。

New measures for the exit phase mainly include: formulating relevant regulations for compulsory cancellation of company registration。Actively promote and improve the enterprise withdrawal registration management system,Strengthening corporate bankruptcy and corporate changes、Organic connection of deregistration, etc.。

  三、In maintaining a fair and orderly market competition environment,What are the practical measures in the "Key Measures"?

Fair competition is the core of market economy。Facing new situations, new tasks and new requirements,Comprehensively deepen reforms,The key is to further form a development environment for fair competition。In recent years,Some places are implementing fair competition policies、There are still various problems and deficiencies in treating business entities of all types of ownership equally,Fair competition has increasingly become the primary demand for sustainable development of enterprises。

"Key Measures" closely focus on strengthening the basic position of competition policy,Improving the fair competition system and mechanism,Clearly proposes to improve the fair competition policy system,Enrich competition supervision and enforcement tools,Intensify the investigation and punishment of typical illegal cases。Carry out local renovation and protection、Special Action on Prominent Issues of Market Segmentation。Vigorously correct inappropriate market intervention behaviors,Comprehensively implement the fair competition review system,Strengthen supervision and law enforcement authority,Resolutely break restrictions on independent enterprise migration、Hindering fair market access、Constructing one’s own “small cycle” and other issues。Proposition of these measures,Abolition of local protection and market segmentation,Protect small, medium and micro enterprises in accordance with the law、Legitimate rights and interests of individual dafabet live casinoindustrial and commercial households,Continue to create fair competition、The competitively developing market environment plays an important role in safeguarding。

  四、In terms of strictly regulating market order,What are the new tasks and goals of the "Key Measures"?

Good market order is one of the core contents of a high-quality business environment。As the builder and maintainer of market order,Market supervision departments must continue to innovate supervision mechanisms,Promote and guide fair competition through fair supervision,Severely crack down on illegal activities that undermine the socialist market economic order,Protect the legitimate rights and interests of enterprises,Protecting the legitimate rights and interests of consumers,Strive to ensure the integrity of market transactions、Order and Security。

On key measures,Taking credit supervision as the starting point,Proposed to further promote the classified management of corporate credit risks,Implementing a universal enterprise credit risk classification indicator system (second edition),Expand and deepen credit risk classification management application scenarios,Using credit risk classification results to scientifically allocate regulatory resources and other new measures。Do a good job in disclosing information on overdue payments by large enterprises to small and medium-sized enterprises,Contract quantity、Amount and other information are included in the company’s annual report,Disclosed to the public through the national enterprise credit information disclosure system。Company discloses information and conceals the true situation、Fake,The market supervision department shall impose penalties and other measures in accordance with the relevant provisions of the "Interim Regulations on Enterprise Information Disclosure"。

Aiming to improve smart supervision capabilities,Propose new technologies、New Industry、New business format、New mode,Adhere to inclusive and prudent supervision,Research and explore models such as sandbox supervision,Improving the error tolerance and correction mechanism。Research and utilize information technology methods,Reduce the frequency of random inspections of the same category of products from the same manufacturer。Accelerate the unified national enterprise registration management system、National Internet Transaction Supervision Platform、Special Equipment Smart Supervision Platform、"Double random、Construction of a public supervision platform。Improve supervision techniques and methods,Use the Internet of Things、Artificial intelligence and other technologies empower supervision,Exploring the implementation of remote supervision、Off-site smart supervision by means of non-inductive supervision。

  五、In promoting strict standards, fair and civilized law enforcement,What are the new breakthroughs in the "Key Measures"?

On the concept of law enforcement,The "Key Measures" are clearly stated,We must firmly grasp the pursuit of legal values ​​of fairness and justice,Strictly regulate fair and civilized law enforcement。dafabet casino mobile appStrive to ensure that enterprises and the public can see integrity in every law enforcement action、You can feel fairness and justice from every law enforcement decision。

In terms of specific measures,Put law enforcement on behalf of the people first,Proposed to adhere to the “four strictest” requirements for food safety,Continue to strengthen drug safety、Product quality and safety、Special equipment safety and other law enforcement efforts in areas related to people’s life safety and health。Severe punishment in accordance with the law for endangering public safety、Making and selling fakes、Infringement and counterfeiting、Duan Jin Shaoliang、Undermining fair competition、Infringement of the legitimate rights and interests of consumers and other behaviors that undermine market order。

In administrative law enforcement,Proposed to adhere to the principles of proportionality and proportionality,Guide local governments to improve the benchmark for administrative penalty discretion。Insist on political effects、Social effect、Unification of legal effects,Based on the nature of the illegal act、Plot、Social harm degree,Comprehensive consideration of factors affecting the effectiveness of legal implementation,Scientifically determine the type and extent of punishment,Avoid "heavy penalties for minor offenses" and "different penalties for similar cases"。When proposing administrative penalties, we must adhere to the principle of combining leniency with severity,Correct minor violations in a timely manner、No harmful consequences,No administrative penalty。The party concerned has sufficient evidence to prove that there is no subjective fault,No administrative penalty。Introduced a list of first-time violations of food safety violations that will not be punished and a list of minor food safety violations that will not be punished。In addition,It is also proposed to actively play the role of legal advisors in administration according to law,Introduction of new measures such as the "Interim Provisions on Electronic Data Collection for Market Supervision and Administrative Law Enforcement"。

 Malicious claims that are of general concern to business entities and the public、Occupational Claims,The "Key Measures" are clearly stated,Regulating professional claims behavior in accordance with the law。Use punitive damages to play the role of social supervision on serious violations in accordance with the law。Using complaints and reports to obtain improper benefits、Infringement of the legitimate rights and interests of operators、Those who disrupt the order of the market economy,Strict review is required,Accurately grasp the scope of complaint acceptance、Conditions for reporting cases, etc.。Strengthening big data summary analysis of complaints and reports,Explore across regions、Cross-disciplinary reporting collaboration、Consolidated case processing、Notification of merger, etc.。Specify the scope of defects that do not affect the quality of goods and services and will not mislead consumers。

Proposal of the above measures,Conducive to improving the quality and efficiency of law enforcement,Stabilize business entity expectations,Stimulate market vitality and creativity。

  Six、In terms of strengthening quality support and standard leadership,What are the deployments of the "Key Measures"?

Quality infrastructure is an important technical support for optimizing the business environment。"Key Measures" proposed,Conscientiously implement the "Outline for Building a Quality Power" and "National Standardization Development Outline",Promote standards、Measurement、Certification and Approval、Integration and fusion of inspection and other elements、Collaborative development,Improve quality infrastructure service performance。

In terms of quality support,Mainly includes the selection of a group of leading enterprises in building a quality powerhouse,Start a batch of iconic projects with strong quality links,Cultivation of a group of counties with strong quality、Strong District、Qiang Town,Better use of quality to promote enterprises to become bigger and stronger、Supporting industries to build strong links、The role in promoting sustainable urban development。Innovation quality incentive policy,Lead enterprises to enhance quality awareness。Introducing a quality financing credit enhancement system,Helping small and medium-sized enterprises expand financing channels。Leading in standards,Mainly including continuing to do a good job in testing and evaluation work in key areas,Support enterprises to develop breakthroughs in key core technologies,Leverage the fundamental role of standards in supporting industry chain stability。Carry out in-depth special sorting and investigation of local standards,Standardize the formulation and application of local standards。In deepening measurement and certification and accreditation services,Continue to promote the reform of the type approval system for measuring instruments。Regularly carry out the "Measurement Services for Small and Medium Enterprises" activity,Organize public welfare training on measurement for specialized and new small and medium-sized enterprises。Carry out in-depth quality management system certification improvement actions and regional pilot work for small and micro enterprises and individual dafabet live casinoindustrial and commercial households,Organize and implement inspection and testing to promote industrial optimization and upgrading,Promote enterprises to improve quality and efficiency、Enhance industrial quality competitiveness。

  seven、In terms of building a solid bottom line for safety,What are the considerations for "Key Measures"?

The regulatory practice in recent years has proven,Safety is the cornerstone of optimizing the business environment。If the personal and property safety of the people and business entities cannot be basically guaranteed,It is impossible to talk about a first-class business environment。Therefore,The "Key Measures" for the first time regard building a secure bottom line as an important part of optimizing the business environment,Insist on coordinating high-quality development and high-level safety,Adhere to the supremacy of the people、Life comes first、Safety first concept,Conscientiously implement the “four most stringent” requirements in the field of food and drugs,Proposed relevant key measures。Mainly include: improving food safety risk prevention and control system。Give full play to the role of the comprehensive food safety coordination mechanism,Strengthening territorial government responsibilities、Business subject responsibility、Department supervision responsibilities and industry management department responsibilities。Issue guidance on strengthening food safety risk early warning, prevention and control。Revision and introduction of “two responsibilities” for food safety 2.Version 0。Solution and investigation of food safety systemic risks,Accelerate the establishment of a "whistleblower" system for food companies。Strictly prevent and control drug safety risks。Carry out in-depth actions to consolidate and improve drug safety。Strengthen clinical trial management。Blood products、Blood products、Supervision of high-risk products such as implantable medical devices。Continue to take good care of medicines、Medical Devices、Cosmetic online sales supervision。Strengthen the source management of industrial product quality and safety。Implement production license management for 6 products including bottled liquefied petroleum gas pressure regulators,Strict approval management,Improving approval efficiency。Commercial gas burning appliances、Gas connecting hoses, etc. are included in the scope of compulsory product certification management。Strengthening technical capacity building in basic research and defect investigation,Intensify recall efforts for defects in key motor vehicle products and consumer products。Strengthen the implementation of special equipment safety responsibilities。Study and formulate guidance on the implementation of local supervision responsibilities for the safety of special equipment。Strengthen the standardized management of special equipment inspection and testing institutions,Effectively improve the quality of inspection and testing work and the level of technical control。

  eight、In terms of improving the international level of the business environment,What are the promotion and practical measures in the "Key Measures"?

"Key Measures" focuses on actively connecting with internationally accepted commercial rules,Actively respond to the demands of foreign-invested enterprises for convenience in doing business in China and fair competition,Create a more attractive investment environment,Continue to build the “Invest in China” brand。

Specific measures,Mainly from optimizing the registration management of foreign-invested enterprises、Give full play to the role of the pilot free trade zone as a reform highland、Deepen institutional opening up in the field of competition、Leverage the guaranteeing role of standards in expanding high-level opening up、Propose targeted measures to accelerate the high-level opening up of my country’s certification and accreditation,Push Rules、Regulations、Management、Standard and other system-based openness,Further create an international business environment。Mainly includes: Adjusting and optimizing the notarization and certification procedure materials for foreign (regional) investors,Expand real-name registration channels for foreign (regional) investors,Support localities to explore electronic registration of foreign-invested enterprises,Optimize the registration process for foreign-invested enterprises。Improving policies and measures,Organically guide foreign-invested enterprises to adjust their organizational forms in a timely manner and in accordance with the law、Organizational structure, etc.。Proposed to support the docking of international high-standard economic and trade rules in conditional free trade pilot zones and free trade pilot ports,Explore and launch a number of valuable measures,Promote the free trade pilot zone to achieve a greater degree of institutional reform and opening up。Promote international breakthroughs in important standards,“Go global” to support technology with standards、Product、Engineering、Service "Going Global"。Support local governments to proactively plan foreign cooperation priorities in the field of certification and accreditation,Create a certification and accreditation service chain that is deeply integrated with the industrial chain and supply chain,Better dafabet casino mobile appserve high-quality development and high-level security。

  Nine、In terms of continuous optimization of government services,What representative new measures are proposed in the "Key Measures"?

Since the establishment of the market supervision department,Always committed to providing high-quality government services and good service experience to the people and business entities,Various regions have also explored and formed many government service models and models。But some business entities have also reported,There are still various obstacles in the process of doing things,Convenience of some services、Integration、The level of synergy is not enough。For these situations,"Key Measures" proposed,Adhere to the combination of problem orientation and goal orientation,Continuous innovation in government service model,Continuously optimize government service processes,Comprehensively improve the level of government services。

On specific measures,Proposed to continue to deepen the "getting one thing done efficiently" reforms such as market access and exit。Strengthening the management of administrative licensing items list in the field of market supervision。Carry out targeted assistance to individual dafabet live casinoindustrial and commercial households by classification。Satisfaction window for business practices in the field of construction approval services、Create a new model for reducing daily supervision burden and increasing efficiency、Explore and implement service-oriented law enforcement model、Creating the 12315 brand of considerate service、Implementing the “Strong Foundation Project” for team quality、Focus on carrying out "clean supervision" building actions,Deepen and expand innovative measures for business style construction。In approval service、Daily supervision、Administrative law enforcement and other fields,Select a batch of innovative models、Effective practices、Typical experience,And increase publicity、Copy and promotion efforts。

  十、In terms of ensuring and optimizing the business environment,What measures and requirements are put forward in the "Key Measures"?

In order to promote the market supervision department to continue to do a solid job in optimizing the business environment,The "Key Measures" mainly puts forward 7 clear requirements。First, local market regulatory authorities should regard optimizing the business environment as a “top priority” project,Strengthen organizational leadership。Second, relevant responsible comrades of the General Administration hold regular roundtable meetings on optimizing the business environment,Listen to industry companies in person、Consumer、Expert、Opinions and suggestions from grassroots market supervision departments and others on optimizing the business environment,Combining and analyzing key and difficult issues,Promote problem solving。The third is to establish an efficient market supervision department at both upper and lower levels、Convenient communication mechanism,Smooth channels for market regulatory authorities to reflect their opinions on optimizing the business environment。The fourth is to establish an expert database for optimizing the business environment、Business Environment Supervisor。Relying on well-known academic institutions,Research on the basic theory and practice of strengthening market supervision and business environment。The fifth is to improve the supervision mechanism for the division and transfer of business environment issues,Promote the solution of difficult problems。For cross-department、Cross-region、Cross-sector issues affecting the business environment,Be based on responsibility,Active communication and coordination。The sixth is to promote and implement the "three letters and one letter" ("Reminder and Urge Letter", "Rectification Notice", "Interview Notice" and "Listing Supervision Notice") system in the field of market supervision and optimization of business environment。The seventh is to encourage all localities to explore more pragmatic and effective institutional measures to optimize the business environment,Accumulate experience and practices that can be replicated and promoted。Accelerate the construction of a business environment institutional system that is consistent with internationally accepted rules,Continuously optimize the market-oriented legalized international business environment。

Source: State Administration for Market Regulation website