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Notice of the Provincial Government on Printing and Distributing the Implementation Plan of the Pilot Project of "Separation of Licenses and Licenses" in the Pilot Free Trade Zone
Date: 2019-12-23 11:31 Source: General Office of Jiangsu Provincial People's Government Views: Times Font: [ Large Middle Small ]

Su Zhengfa (2019) No. 73

Municipal, county (city, district) people's governments, provincial commissions, offices and bureaus, and provincial direct units:

The "Implementation Plan for the Implementation of the" Full Separation of Licenses and Licenses "Reform Pilot in the Pilot Free Trade Pilot Area" is issued to you. Please implement it carefully.

People's Government of Jiangsu Province

November 30, 2019

Carry out "separation of licenses and licenses" reform in the Pilot Free Trade Zone

Full coverage pilot implementation plan

In order to implement the requirements of the State Council's Notice on the Implementation of the Full-Coverage Pilot of the "Separation of Licenses and Licenses" Reform in the Free Trade Pilot Area (Guofa [2019] No. 25) and the "Overall Plan of China (Jiangsu) Free Trade Pilot Area", accelerate the promotion of China The construction of the (Jiangsu) Pilot Free Trade Zone (hereinafter referred to as the Pilot Free Trade Zone) resolutely overcomes the “difficulty in obtaining permits” and the “no admission and no admission” phenomenon, fully stimulating the entrepreneurial and innovative energies of market participants, and formulating this implementation plan in combination with the actual situation of our province.

I. General requirements

(1) Guiding ideology.

Guided by Xi Jinping's ideology of socialism with Chinese characteristics in the new era, fully implementing the spirit of the 19th CPC National Congress and the 2nd, 3rd, and 4th Plenary Sessions of the 19th CPC National Congress, and in accordance with the decision-making arrangements of the Party Central Committee and the State Council, Carry out full-coverage pilots in the province ’s free trade pilot zone and the expansion of pilot areas to further clarify the relationship between the government and the market, deepen the reform of the commercial system, reduce the time for starting a business, strengthen supervision after the event, and work hard to solve the problem Issues such as multiple permits and difficulties in applying for permits have created a market environment for fair competition and a market-oriented, rule-of-law, and international business environment.

(2) Work goals.

Starting from December 1, 2019, the “Separation of Licenses and Licenses” reform will be implemented in the Free Trade Pilot Area and the expanded pilot areas in accordance with the four methods of directly canceling approval, changing approval to record, implementing notification commitments, and optimizing approval services. According to the relevant national deployment, after the nationwide launch in the second half of 2020, it will be rolled out across the province. Establish a management system for a full-cover list of business-related business licenses. Outside the list, enterprises (including individual industrial and commercial households, farmers' professional cooperatives, and the like below) must not be restricted from entering relevant industries or fields to conduct business. We will improve the supporting measures for the reform of business-related business licenses, strengthen the optimization and upgrading of information systems, and strengthen the collection and sharing of business-related business information. Strengthen supervision during and after the event, strengthen the link between approval and supervision, and improve supervision rules and standards. The comprehensive establishment and improvement of the "separation of licenses and licenses" reform working mechanism will further stimulate the vitality of micro-subjects and promote the high-quality development of Jiangsu's economy at the forefront.

Second, work tasks

(I) Clarify the scope and implementation of the reform pilot.

The full coverage of the pilot area is: the implementation area of the Pilot Free Trade Zone is 119.97 square kilometers, covering three areas: 39.55 square kilometers in Nanjing, 60.15 square kilometers in Suzhou (including 5.28 square kilometers in Suzhou Industrial Park Comprehensive Bonded Zone), and 20.27 square kilometers in Lianyungang. (Including 2.44 square kilometers of Lianyungang Comprehensive Free Trade Zone).

The scope of the pilot area will be expanded to include: South Jiangsu National Independent Innovation Demonstration Zone, Nanjing Jiangbei New District, and various national high-tech industrial development zones, national economic and technological development zones, provincial economic development zones, and provincial high-tech industrial development zones.

The "separation of licenses and licenses" reforms implemented in the full-scale pilot area (free trade pilot zone) include laws, administrative regulations promulgated by the State Council, and 523 items concerning business licenses set by the State Council's decisions (collectively referred to as the central level). Jiangsu Provincial local regulations and local government regulations set 12 items involving business licenses.

The reform of "separation of licenses and licenses" to be implemented in the pilot area will be announced after consultation with relevant departments of the State Council in accordance with procedures.

(2) Implement the inventory management system.

In accordance with the relevant requirements of the State Council's "Covering of Licenses and Licenses" reform and full coverage of the pilot requirements, all business-related licenses will be included in the list management, regularly adjusted and updated and announced to the public. The list is subject to hierarchical management. The provincial-level departments (units) must compare item-by-item list of business-related business license items set by the State Council to clarify the corresponding relationship with the list items at the central level, and refine specific reform measures and Strengthen post-event and post-event monitoring measures. Provincial departments (units), districts and cities must comprehensively sort out the business-related business license items set by local regulations and local government regulations, and include them in the list of business-related business license items set by the province and city. Illegal regulations restrict companies from entering specific industries or fields to operate. The items listed in the list shall be listed item by item, setting basis, approval level and department, and clarify reform methods, specific reform measures, and post-event and post-event supervision measures. The Provincial Government's office to promote the transformation of government functions and the “decentralized service” reform coordination group should timely adjust the situation in accordance with the list of business-related business licenses set at the central level, and work with the relevant departments to respond to the business-related business licenses set at the central level in a timely manner. Adjustment. At the same time, according to the adjustment of the local laws and regulations of Jiangsu Province and the requirements of local government regulations and the deepening of the "separation of licenses and licenses" reform requirements, follow-up actions will be taken on the set of business-related business licenses and reform methods, reform measures, and post-event supervision measures. Make adjustments, and regularly publish the list to the community and accept social supervision.

(3) Promote reform of the examination and approval system by classification.

1. Cancel the approval directly. Cancel the approval directly for the enterprise-related business licenses that are no longer necessary, the market mechanism can be effectively adjusted, industry organizations or intermediaries can effectively implement industry self-discipline management, and can effectively regulate after-event supervision. After the approval is cancelled, the enterprise can start operations with a business license. Registration authorities at all levels shall promptly push the registration information of the establishment and change of relevant enterprises to the relevant competent authorities through the government information sharing platform, and the relevant competent authorities shall timely bring the relevant enterprises into the scope of supervision and implement post-event and post-event supervision in accordance with the law.

2. Approval was changed to record. For the enterprise-related business license items that can be cancelled for approval, it is necessary for the enterprise to provide relevant information in a timely and proactive manner, so that the relevant competent authorities can effectively implement industry management and safeguard public interests, and change from approval to filing. We must resolutely prevent approval in the name of record. In principle, all matters that change from approval to filing are included in the "multi-certificate integration" principle. Registration agencies at all levels will push the company registration and filing information to the relevant competent authority after handling the business registration. If it is really necessary to go to the relevant competent authority for the record, it is necessary to simplify the elements of the record, strengthen the information sharing, and facilitate the business of the enterprise. After the record is filed by the enterprise, the relevant competent authorities shall implement effective supervision in accordance with the law. For enterprises that have not filed according to the regulations or the information on the record is not true, they must clarify the supervision rules, investigate and deal with them according to law, and take measures to correct them.

3. Informed commitments. The enterprise promises to comply with the conditions of the business license for the matters related to the business license that really need to be retained. If the competent authority can rectify the behavior that does not meet the conditions of the business license through effective supervision after the event and effectively prevent risks, it shall implement the notification commitment. Regarding matters concerning the implementation of notification commitments, the relevant competent authorities shall accurately and completely list the specific conditions of quantifiable and operable business licenses without the bottom line clauses, clarify the supervision rules and the consequences of breach of commitments, and inform the enterprises at one time, and provide the notification commitments. Model text. Where a company makes a voluntary commitment and submits materials as required, an approval decision must be made on the spot. If the enterprise promises that it has the conditions for operating permits, the enterprise can start operations after receiving the license. For an enterprise that does not yet have the conditions for operating permits but promises to have them within a certain period of time after obtaining a license, the enterprise can only start operations after meeting the conditions for operating permits and submitting materials as required. Relevant competent authorities shall treat the enterprises that have promised to obtain certificates through equal treatment with the enterprises that have obtained certificates through the general examination and approval procedure, and strengthen the supervision after the event according to the risk situation. The content of corporate commitments should be made public to facilitate social supervision. If the relevant competent department finds that the enterprise does not meet the commitment conditions to carry out operations, it shall order the rectification within the time limit. If the rectification is not completed within the time limit or the requirements are still not met, the license shall be revoked according to law. The losses caused by failure to notify according to regulations shall be borne by the relevant competent authorities, and the losses caused by false promises or breach of promises shall be borne by the enterprise.

4. Optimize approval services. For major public interests related to national security, public security, financial security, ecological security, and public health, which do not have the conditions for canceling approvals or implementing the conditions for notification of commitments, practical measures should be taken to optimize approval services, improve approval efficiency, and reduce Service costs. Regarding the matters of optimizing the examination and approval services, the relevant competent departments shall take the following measures to address the difficult and painful issues that the enterprise cares about: First, decentralize the examination and approval authority. For matters that are more convenient and efficient to implement in the Pilot Free Trade Zone, and can be effectively undertaken, the authority for examination and approval should be delegated or delegated to the relevant competent authority in the area where the Pilot Free Trade Zone is located to maximize the ability of enterprises in the zone to work nearby. The second is to reduce approval requirements and links. It is necessary to significantly streamline the operating license conditions and approval materials, resolutely cancel the "Wonderful Certificate", adopt parallel processing, joint review and other methods to optimize the business process, and actively reduce the time limit for approval. The third is to extend or cancel the validity period. If the validity period of the license is set but the conditions of the business license are basically unchanged, the validity period shall be extended or cancelled in principle. The fourth is to publish the total control conditions and stock situation. For matters with quantitative restrictions, it is necessary to regularly announce the total amount control conditions, layout planning, enterprise stocks, and the ordering of applicant enterprises, so as to facilitate enterprises' independent decision-making.

(4) Continue to do a good job of reforming and abolishing waste according to relevant regulations.

All localities and departments must adhere to advancing reforms in accordance with the law, make timely adjustments to local regulations, rules, and regulatory documents in accordance with adjustments determined by laws, administrative regulations, and the State Council, and establish management systems that are compatible with the requirements of the pilot. The judicial administrative department shall work with relevant departments to study and sort out the local regulations, rules, and regulatory documents involved in the reform in a timely manner. If the content of the main body, level of approval, procedures, legal responsibilities, etc. of the review and approval are inconsistent with the content of the reform, accelerate the reform and abolition. jobs. All localities and departments should follow the four methods of directly canceling approval, changing approval to filing, implementing notification commitments, and optimizing approval services, formulating and introducing management measures, clarifying work procedures, standardizing documents, optimizing the approval process, improving work guidelines, and clarifying regulatory boundaries. . The progress of the reform and abolition work and the formulation of management measures should be reported to the provincial government in time to promote the transformation of government functions and the office of the “Decentralization Management” Reform Coordination Group.

(5) Regulate the connection between the business scope of business registration and the application for business license.

All localities and departments should follow the overall requirements of the "separation of licenses and licenses" to reform the full-coverage pilot, further standardize the connection between business scope registration and the application for business licenses, establish a precise information push mechanism, and promote the improvement of simple and transparent access rules for innovation and enhancement. Supervise well afterwards. It is necessary to make a standardized description of the business scope according to the research and formulation of the General Administration of Market Supervision, and to connect the provincial and municipal level set items. The provincial market supervision department clearly distinguishes between general business projects and licensed business projects, simplifies the registration method and content of business scope, and clarifies the corresponding relationship between the establishment of business-related business license matters and the description of business scope at the local level, and reports to the General Administration of Market Regulation National unified business scope regulates presentation catalog management.

(6) Measures to improve and strengthen the after-event supervision system.

All localities and departments must adhere to the combination of decentralization and management, in accordance with the principle of "who approves, who supervises, who is in charge, who supervises", strengthen the link between approval and supervision, improve the supervision rules and standards, and resolutely correct the "don't approve" and "just approve" Regardless of the "strict approval of wide tubes" and other issues. Provincial departments (units) should strengthen guidance to cities, counties (cities, districts), formulate and improve systemic measures for post-event and post-event supervision, and clarify supervision standards, supervision procedures, and supervision methods. The matters set at the municipal level and the post-event supervision system measures are formulated by the regional departments. Regarding the cancellation of examination and approval, relevant market entities should be included in the scope of supervision in a timely manner; if the examination and approval is changed to record, the time and materials of record should be clearly specified in the specific system; Procedures and legal liabilities for breach of commitments; For optimization of examination and approval services, we must improve the work guide, increase publicity, and clarify supervision methods. Fully implement "double random, one open" supervision, and classify the results of random checks into the social credit records of market entities. Strengthen joint supervision and comprehensive law enforcement, and give play to the fundamental role of credit supervision. Inclusive and prudent supervision of new technologies, new formats, new industries, and new models, and key supervision of high-risk industries and areas. Relying on the "Internet + supervision" system, the supervision system of the department in charge of supervision is fully connected to improve the accuracy and effectiveness of supervision.

(7) Strengthen the collection and sharing of business-related business information.

All localities and departments should actively adapt to the needs of the "separation of licenses and licenses" reform, optimize and upgrade their own departments (units) registration and licensing systems, after-event supervision systems, information sharing and exchange platforms and other information-based platforms and systems. Hub, unblock the implementation path of enterprise information push, collection and sharing. Registration authorities at all levels shall push the registration information of all enterprises to the national integrated online government service platform, the national credit information sharing platform, and the national enterprise credit information publicity system (hereinafter referred to as the "three platforms"). The license implementation department shall collect relevant enterprise information from the "three platforms" in a timely manner, and push the results of the handling of business-related license matters to the "three platforms" in accordance with the principle of "who approves and pushes". Departments with supervisory responsibilities for enterprises should make full use of the "three platforms" to share information according to the supervision needs, strengthen supervision after the event, and push information such as law enforcement inspections and administrative penalties generated during the supervision after the event to the "three platforms" in time. .

Third, safeguard measures

(1) Strengthen organizational leadership.

The provincial government promotes the transformation of government functions and the "decentralized service" reform coordination group is responsible for coordinating and leading the province's "separation of licenses and licenses" reform and full-scale pilot work. The Provincial Government Affairs Office, the Provincial Market Supervision Bureau, and the Provincial Justice Department are in charge of coordinating and advancing the reform. The Provincial Department of Commerce guided the Pilot Free Trade Zone to link the reform of "separation of licenses and licenses" with the policy of opening up.

(2) Strengthen overall coordination.

All localities and departments should earnestly raise awareness, and include the pilot program of "separation of licenses and licenses" in the full-coverage reform, break down the reform tasks, and refine the implementation measures for the pilot reform. Conduct in-depth research on reform issues and determine whether they can operate outside the district one by one. Strengthen overall coordination, clarify the lead department, and implement reform matters strictly in accordance with the scope of the reform pilot. We will continue to improve the standards for the examination and approval of business license-related matters, further use the "good and bad evaluation" system to standardize examination and approval services, and regulate discretion.

(3) Strengthen publicity and guidance.

All localities and departments should strengthen the guidance of public opinion, do a good job in the training and publicity work of the pilot program covering the “separation of licenses and licenses” reform, increase the interpretation of policies, and promptly respond to the concerns and needs of market players. Strengthen risk prevention and control, collect feedback from all parties in a timely manner, and conduct public opinion research and judgment. Continue to strengthen supervision, guide market entities to strengthen self-discipline and autonomy, regulate operations in accordance with the law, and create a fair and just market environment.

(4) Strengthen supervision and evaluation.

All localities and departments should improve the incentive and restraint mechanism and fault tolerance and correction mechanism, insist on the combination of rewards and punishments, increase praise and policy incentives for obvious results, and seize typical accountability for inaction. Formulate quantifiable, measurable, time-bound goals and tasks, and use the sense of satisfaction and satisfaction of enterprises and the masses as a yardstick to test the effectiveness of the reform. Effectively emancipate the mind, strengthen the awareness of innovation, accelerate the formation of reproducible and popularizable institutional innovation results, and fully demonstrate the innovation and leadership of the "separation of licenses and licenses" reform.

attachment1. Jiangsu Province implements the list of business-related business licenses set at the central level (2019 edition)

2. List of permits for enterprises involved in Jiangsu Province (2019 edition)

Jiangsu Province implements the list of business-related business licenses set at the central level (2019 version) .pdf

List of Jiangsu Province Provincial and Municipal Authorized Matters for Business Licenses (2019 Edition) .pdf


View and download the PDF version of the bulletin: Notice of the Provincial Government on Printing and Distributing the Implementation Plan for the Pilot Implementation of the "Separation of License and License" Reform in the Pilot Free Trade Zone (Su Zhengfa [2019] No. 73) .pdf

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