The State Council on Deepening the Reform of “Separation of Licenses & Licenses”

Notice to further stimulate the vitality of market players

Guo Fa [2021] No. 7

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 agencies directly under the Central Government:

Carrying out the reform of "separation of licenses and licenses" is an important measure to implement the major decisions and deployments of the Party Central Committee and the State Council, deepen the reform of "delegating power, delegating power, regulating services", and optimizing the business environment. It is of great significance to accelerate the improvement of the socialist market economic system. In order to deepen the reform of "separation of licenses and licenses" and further stimulate the development vitality of market entities, the State Council has decided to implement the "separation of licenses and licenses" reform nationwide and increase the reform pilot efforts in free trade pilot zones. The relevant matters are hereby notified as follows:

I. General requirements

(1) Guiding ideology. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth, and Fifth Plenary Sessions of the 19th Central Committee, continue to deepen the reform of "delegating power, delegating power and serving", and coordinating the promotion of administrative Reform of the examination and approval system and the reform of the commercial system, to promote the reduction of licenses and the simplification of examination and approval in a wider scope and in more industries, to innovate and strengthen supervision during and after the event, to further optimize the business environment, stimulate the development vitality of market players, and accelerate the construction of a domestic large-scale enterprise. A new development pattern with circulation as the main body and domestic and international dual circulation promoting each other.

(2) Reform goals. From July 1, 2021, implement the full-coverage list management of enterprise-related business licenses nationwide, and promote the reform of the approval system in four ways: directly canceling approval, changing approval to filing, implementing notification commitments, and optimizing approval services. At the same time, it will further increase the reform and pilot efforts in the pilot free trade zone, and strive to establish simple, efficient, fair and transparent industry quasi-business rules by the end of 2022, and greatly improve the convenience and predictability of market entities.

Second, vigorously promote post-licensing reduction and simplify approval

Enterprise-related business licensing matters set by laws, administrative regulations, and decisions of the State Council (hereinafter collectively referred to as central-level setting) shall be implemented nationwide in accordance with the Reform List of Enterprise-related Business Licensing Items Set at the Central Level ( 2021 National Version)” (see Annex 1) to implement reforms by category; additionally implement the “List of Enterprise-related Business Licensing Reforms Set by the Central Level (2021 Free Trade Pilot Zone Version)” in the Pilot Free Trade Zone (see Annex 2) The prescribed reform pilot measures shall be implemented by reference to other areas in the counties where the pilot free trade zones are located, cities without districts, and municipal districts. Provincial people's governments can decide to take more vigorous reform measures within the scope of their authority. For business-related business licensing matters set by local regulations and local government rules (hereinafter collectively referred to as set-up at the local level), the provincial people's government shall make overall plans to determine the reform method.

(1) Cancel approval directly. In order to solve the problem of "no access to business" in the fields of foreign-invested foreign trade, engineering construction, transportation and logistics, intermediary services, etc., 68 business licenses related to enterprises have been cancelled nationwide, and 14 related business licenses have been cancelled in pilot free trade zones. Business license matters. After the approval is cancelled, enterprises (including individual industrial and commercial households and farmers' professional cooperatives, the same below) can start operations after obtaining a business license, and administrative organs, enterprises, institutions, and industry organizations are not allowed to require enterprises to provide relevant administrative licenses.

(2) The approval is changed to filing. In order to open up market access in the fields of trade circulation, education and training, medical care, food, finance, etc., 15 enterprise-related business licenses have been changed to record management nationwide, and 15 enterprise-related business licenses have been piloted in the pilot free trade zone. Licensing matters are changed to record management. After the approval is changed to filing, in principle, post-filing is implemented, and the enterprise can start operations after obtaining a business license; if it is really necessary to record in advance, the enterprise can start operations after completing the filing procedures. If an enterprise submits filing materials as required, the relevant competent department shall go through the filing formalities on the spot, and shall not make a decision not to file for filing.

(3) Implement the commitment to inform. In order to greatly simplify the access approval in the fields of agriculture, manufacturing, production services, living consumption, telecommunications, energy, etc., 37 enterprise-related business licensing matters have been notified nationwide, and 40 related business licenses have been tested in pilot free trade zones. The business license matters are subject to notification commitments. After the notification commitment is implemented, the relevant competent authorities shall list the quantifiable and operable business license conditions without bottom-line clauses in accordance with the law, clarify the regulatory rules and the consequences of violating the commitment, and notify the enterprise at one time. For the approval materials that can be reduced due to the commitment of the enterprise, the enterprise is no longer required to provide it; for the approval materials that can be supplemented after the enterprise obtains the certificate, it is subject to tolerant processing and a deadline for supplementary submission. If an enterprise voluntarily makes a commitment and submits materials as required, an approval decision shall be made on the spot. For enterprises that have obtained licenses through notification and commitment, the relevant competent authorities shall strengthen interim and ex-post supervision, and conduct full-coverage inspections if necessary. If it is found that the enterprise does not meet the licensing conditions, it shall be investigated and dealt with in accordance with the law, and the untrustworthy and illegal acts shall be recorded in the enterprise's credit record, and punishments for untrustworthiness shall be implemented in accordance with laws and regulations. Relevant competent departments should promptly include the performance of commitments by enterprises in their credit records, and collect them on the national credit information sharing platform.

(4) Optimize the approval service. For 15 enterprise-related business licenses, including "Issuance of production licenses for important industrial products (except food-related products and fertilizers)," the authority for approval has been delegated to facilitate the processing of nearby enterprises. For 256 enterprise-related business licensing matters, including "security service license issuance", the licensing conditions and approval materials were simplified to reduce the burden on enterprises. For 140 enterprise-related business licenses including "approval for the establishment of accounting firms", the approval process was optimized, the time limit for approval was reduced, and the approval efficiency was improved. For 18 enterprise-related business licensing matters, including "customs supervision and approval of goods storage and warehousing", the validity period of the license has been set, and the validity period of the license has been cancelled or extended to facilitate the continuous operation of the enterprise. For 13 enterprise-related business licensing matters, including "approval for establishment of business premises operating units for Internet access services", which have set a limit on the number of licenses, cancel the limit on the number, or reasonably relax the limit on the number, and regularly announce the total control conditions, enterprise stock, The order of applications, etc., encourages enterprises to compete in an orderly manner. At the same time, all regions and departments should actively respond to the concerns of enterprises and explore innovative measures to optimize approval services.

Three, strengthen reform system integration and coordination

(1) Implement the list management of enterprise-related business license items. In accordance with the requirements of full coverage, all enterprise-related business licensing matters shall be included in the list management, and the reform methods, specific reform measures and strengthening of interim and ex post supervision measures shall be determined one by one. The list is managed at different levels. The State Council's Office of Review and Reform is responsible for organizing the compilation of the list of business-related business licensing items set at the central level, and the provincial-level review and reform work organization is responsible for organizing the compilation of the list of business-related business licensing items set at the local level. The list should be dynamically adjusted and updated and announced to the public to accept social supervision. Outside the list, enterprises shall not be restricted from entering relevant industries to conduct business. All regions and departments shall conduct a comprehensive self-inspection and clean-up of management matters not on the list that restrict enterprises from entering specific industries for business operations, and shall strictly supervise and rectify and investigate the rectification of acts that cause market segmentation or increase the burden on enterprises through disguised approval.

(2) Deepening the reform of the commercial registration system. Continue to promote the reform of "license before license", and promote the replacement of the reserved pre-registration license to the post-registration. Standardized registration of business scope was carried out, and the market supervision department took the lead in compiling a standardized catalogue of business scope to provide services for enterprises to independently choose their business scope. The catalog of business scope specifications shall be adjusted and updated in a timely manner in accordance with the development of new industries and new formats. The market supervision department shall inform the enterprise of the enterprise-related business license matters that need to be handled, and promptly push the relevant enterprise registration information to the relevant competent authorities. If an enterprise conducts non-licensed business activities beyond its business scope, the market supervision department will not impose penalties. Relevant competent authorities shall not restrict enterprises from handling enterprise-related business licenses or other government service matters on the grounds of the business scope of enterprise registration. The reform of the registration confirmation system for commercial entities will be piloted in the pilot free trade zone, and the autonomy of enterprise registration will be respected to the greatest extent.

(3) Promote the collection and application of electronic certificates. The relevant departments of the State Council should formulate and improve the relevant standards, specifications and styles of electronic licenses, and fully realize the electronicization of enterprise-related licenses by the end of 2022. To strengthen the cross-level, cross-regional, and cross-departmental sharing of electronic license information, the relevant competent authorities should timely collect electronic licenses to the national integrated government service platform, the national credit information sharing platform, the national enterprise credit information publicity system, and relevant platforms and systems. It is necessary to speed up the construction of a national unified, real-time update, authoritative and reliable enterprise electronic certificate library. It is necessary to strengthen the use of electronic certificates, realize cross-regional and cross-departmental mutual recognition and mutual trust, and generally promote enterprise electronic bright light certificates in scenarios such as government services and commercial activities. For information that can be obtained through electronic certificates, enterprises will no longer be required to provide corresponding materials.

Four. Innovation and strengthening supervision during and after the event

(1) Adapt to reform requirements and clarify regulatory responsibilities. It is necessary to implement the combination of delegating power and regulation, and pay equal attention to the requirements, in accordance with the principle of "who approves, who supervises, who is in charge, who supervises", earnestly perform supervision duties, and resolutely correct "approval and escrow", "no approval and no care"; problems and prevent the emergence of a regulatory vacuum. If the approval is directly cancelled or the approval is changed to the record, the original approval department shall assume the supervisory responsibilities according to law. Where notification commitments are implemented and examination and approval services are optimized, the examination and approval department shall be responsible for supervising licensed operating enterprises in accordance with the law, and investigating and punishing unlicensed operating activities. In areas that implement relatively centralized administrative licensing reforms or comprehensive administrative law enforcement reforms, regulatory responsibilities shall be determined in accordance with the reform plan formulated by the provincial people's government, and the review and management connection mechanism shall be improved. Adhere to government leadership, enterprise autonomy, industry self-discipline, and social supervision, consolidate the main responsibility of enterprises, support industry associations to improve the level of self-discipline, encourage news media, practitioners, consumers, intermediaries, etc. to play a supervisory role, and improve pluralistic co-governance and mutual cooperation Supported collaborative supervision pattern.

(2) Improve regulatory rules according to the reform approach. Relevant departments of the State Council should formulate unified, concise and easy-to-implement regulatory rules across the country according to the reform method of business licensing matters related to enterprises, establish and improve national standards in terms of technology, safety, quality, products, and services, and provide clear guidelines for supervision. If the examination and approval is directly cancelled, the relevant competent departments shall keep abreast of the newly established enterprises in a timely manner, bring them into the scope of supervision, and implement supervision in accordance with the law. Where approval is changed to filing, relevant enterprises shall be urged to perform filing procedures as required, and those failing to file as required or submitting false filing materials shall be investigated and dealt with in accordance with the law. Those who implement notification commitments shall focus on the inspection of enterprises' fulfillment of commitments. Those found to have violated commitments shall be ordered to rectify within a time limit, and those who fail to rectify within the time limit or fail to perform their commitments after rectification shall be revoked in accordance with the law, and those that constitute violations of the law shall be punished in accordance with the law. Where the authority for approval is delegated, it is necessary to simultaneously adjust and optimize the level of supervision, so as to realize the unification of powers and responsibilities for approval and supervision.

(3) Improve supervision methods based on industry characteristics. For general industries and fields, the "double random, one public" supervision will be fully implemented, differentiated supervision measures will be implemented according to the classification results of corporate credit risks, and the normalized cross-departmental joint spot checks will be continuously promoted. For special industries and key areas directly related to public safety and people's lives and health, implement full-coverage key supervision, strengthen the quality management of the whole process, and keep the bottom line of safety. It is necessary to give full play to the fundamental role of credit supervision, establish a mechanism for linking corporate credit with natural person credit, and implement punishments for dishonesty in accordance with laws and regulations. It is necessary to establish and improve the industry prohibition system for enterprises responsible for serious violations of the law and related personnel to enhance the deterrent effect of supervision. Implement inclusive and prudent supervision of new technologies, new industries, new formats, and new models, and tailor-made supervision models, and light, mitigate or exempt from administrative penalties for minor violations in accordance with the law. Deeply promote "Internet + Supervision", explore smart supervision, strengthen supervision data sharing, and use big data, Internet of Things, artificial intelligence and other means to accurately warn of hidden dangers.

V. Take effective measures to ensure that the reform is effective

(1) Improve the reform work mechanism. The State Council promotes the transformation of government functions and the "decentralization, regulation and service" reform coordination group is responsible for coordinating and leading the national reform of "separation of licenses and licenses". The General Office of the State Council, the State Administration for Market Regulation, and the Ministry of Justice take the lead in promoting reforms, and do a good job in investigation and research, policy interpretation, coordination and guidance, supervision and implementation, legal protection, and summary and evaluation. The Ministry of Commerce is responsible for guiding the pilot free trade zones to do a good job in the connection between the reform of "separation of licenses and licenses" and the policy of opening to the outside world. Provincial people's governments are responsible for the reform work in their respective regions. They must establish and improve a working mechanism in which departments such as review and reform, market supervision, judicial administration, and commerce (Free Trade Office) take the lead, and each department is responsible for the division of labor, strengthen the implementation of responsibilities, and solidly promote reform.

(2) Strengthen the guarantee of reform of the rule of law. It is necessary to insist that major reforms are based on the law, and promote reforms in accordance with legal procedures. Cooperate with the reform measures implemented nationwide, and promote the revision of relevant provisions of laws and administrative regulations. Cooperate with relevant reform pilot measures in the pilot free trade zone, rootAccording to the authorization decision of the Standing Committee of the National People's Congress, the relevant provisions of 7 laws including the Accounting Law of the People's Republic of China are temporarily adjusted, and the relevant provisions of 13 administrative regulations including the Regulations on the Administration of Business Sites for Internet Access Services are temporarily adjusted (see Annex 3) . Relevant departments of the State Council and local people's governments shall, in accordance with the adjustment of laws and administrative regulations, make corresponding adjustments to the rules and normative documents, and establish a management system commensurate with the reform requirements. Before the end of 2022, the relevant departments of the State Council should organize a mid-term assessment of the temporary adjustment of applicable laws and administrative regulations.

(3) Do a good job in the implementation of reforms. Relevant departments of the State Council shall formulate implementation plans, detail the reform measures for enterprise-related business licenses set at the central level one by one, and announce them to the public. The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall formulate reform implementation plans for their respective regions, formulate a list of reforms related to business licenses for enterprises set at the local level, and publish them to the public. All regions and departments should do a good job in training, publicity and interpretation of reform policies, adjust and optimize business processes, revise and improve work rules and service guidelines, and transform and upgrade information systems to ensure that reform measures are fully implemented and enterprises fully enjoy reform dividends.

Provincial-level people's governments and relevant departments of the State Council shall promptly report to the State Council on major issues in the implementation of this notice.

Attachments: 1. List of reforms on business licenses for enterprises set by the central government (2021 national version)

2. List of reforms on business licensing matters set by the central government (2021 Pilot Free Trade Zone Edition)

3. The State Council has decided to temporarily adjust the catalogue of applicable administrative regulations in the Pilot Free Trade Zone

State Council

May 19, 2021

(This item is posted publicly)