Circular on the Reform of full coverage pilot of "Certificate and license Separation" in the Free Trade Experimental Zone issued by the State Council
Beijing, 15 Nov (Xinhua) with the signature and approval of Prime Minister Li Keqiang, the State Council recently issued a "Circular on the Reform of full coverage pilot Project of" license Separation "in the Free Trade pilot Zone (hereinafter referred to as the" Circular "). From December 1, 2019, the pilot project of "license separation" reform will be carried out in the national free trade experimental area.
The circular pointed out: under the guidance of Xi Jinping's thought of socialism with Chinese characteristics in the new era, and in accordance with the decision-making arrangements of the CPC Central Committee and the State Council, we should continue to deepen the reform of "release, control, and serve" and further clarify the responsibilities of the government and enterprises. We will comprehensively clean up business licensing matters related to enterprises, classify and promote the reform of the examination and approval system, improve simple and transparent industry access rules, further expand the autonomy of enterprises in operation, innovate and strengthen supervision after the event. We will create a market-oriented, legalized and international business environment, stimulate the vitality of micro-subjects, and promote high-quality economic development.
The Circular proposes that it is necessary to achieve full coverage of the business license items related to enterprises. To establish a list management system, implement list management at different levels, and include all the enterprise-related business licensing matters set by laws, administrative regulations, decisions of the State Council, local regulations and local government rules into the list, The list shall be regularly adjusted and updated and published to the public. Outside the list, the enterprise shall not illegally restrict the entry of the enterprise into the relevant industry or field, and the enterprise may carry out its own operation after obtaining a business license.
The circular pointed out that it is necessary to push forward the reform of the examination and approval system by classification. All business license items related to enterprises shall be classified and promoted in four ways: directly canceling examination and approval, changing examination and approval to filing, implementing notification commitments, and optimizing examination and approval services. With regard to the 523 items set by laws, administrative regulations and decisions of the State Council, 13 items of examination and approval shall be directly cancelled, 8 items of examination and approval shall be changed to the record, and 60 items of notification commitments shall be implemented. The remaining 442 items adopted measures such as reducing materials and time limits, extending or canceling validity periods, and other measures to optimize examination and approval services.
The circular stressed the need to improve the supporting policies and measures for reform. We will standardize the link between the business scope of enterprise registration and the application for business license, strengthen the collection and sharing of business information related to enterprises, continuously improve the quality and efficiency of examination and approval services, innovate and strengthen supervision after the event, and persist in promoting reform in accordance with the law. In accordance with the decision of the standing Committee of the National people's Congress authorizing the State Council to temporarily adjust and apply the relevant legal provisions in the free trade pilot zone, Within 3 years, the relevant provisions of six laws, such as the Foreign Trade Law of the people's Republic of China, shall be temporarily adjusted and applied in all free trade experimental areas. At the same time, six administrative regulations, such as the regulations of the people's Republic of China on Certification and Accreditation, and the relevant provisions of the decision of the State Council on the Establishment of Administrative Licensing for Administrative examination and approval items that really need to be retained shall be temporarily adjusted and applied in their respective trade
The circular makes it clear that the State Council promotes the transformation of government functions and the "release, management, and service" reform coordination group is responsible for overall planning and leading the national "license separation" reform full coverage pilot work. The relevant departments of the State Council should focus on the concerns of enterprises and coordinate guidance to support the free trade pilot areas in properly resolving the difficulties and problems encountered in advancing the reform. The people's governments at the provincial level and departments under the State Council should refine the landing measures for the pilot reform, formulate an implementation plan, and announce it to the public by November 30, 2019.