Chapter I General rules

 

  Article one These Regulations are formulated in order to continuously optimize the business environment, continuously liberate and develop social productive forces, accelerate the construction of a modern economic system, and promote high-quality development。

  Article 2 The term "business environment" as used in these Regulations refers to the institutional and institutional factors and conditions involved in the market economic activities of enterprises and other market entities。

  Article 3 The state continued to deepen reforms to streamline administration, delegate power, strengthen regulation, and improve services，Minimize the government's direct allocation of market resources，Minimize direct government intervention in market activities，We will strengthen and standardize operational and post-operational oversight，We worked hard to improve the capacity and quality of government services，We will effectively reduce institutional transaction costs，Stimulate market vitality and social creativity，Strengthen the driving force for development。

People's governments at all levels and their departments shall adhere to the openness and transparency of government affairs, take openness as the norm and non-openness as an exception, and comprehensively promote the openness of decision-making, implementation, management, services and results。

  Article 4 Optimizing the business environment should adhere to the principles of marketization, rule of law and internationalization，Guided by the needs of market players，The core is to profoundly transform government functions，We will make innovations in institutions and mechanisms, strengthen coordination and interaction, and improve legal safeguards，Benchmark international advanced level，We will create a stable, fair, transparent and predictable environment for all types of market entities to invest and do business。

  Article 5 The state has accelerated the establishment of a unified, open and orderly market system, promoted the free flow of various factors of production in accordance with the law, and ensured the fair participation of various market players in market competition。

    Article 6 The state encourages, supports and guides the development of the non-public sector and stimulates its vitality and creativity。

The state further opens up to the outside world, actively promotes foreign investment, and treats domestic enterprises, foreign-invested enterprises and other market players on an equal footing。

  Article 7 People's governments at all levels shall strengthen the organization and leadership of the work to optimize the business environment, improve policies and measures to optimize the business environment, establish and improve the relevant mechanisms for coordinating and urging the implementation of the work to optimize the business environment, and coordinate and solve major problems in the work to optimize the business environment in a timely manner。

The relevant departments of the people's governments at or above the county level shall, in accordance with the division of responsibilities, do a good job in optimizing the business environment。Local people's governments at or above the county level may, in light of the actual situation, define the competent departments for optimizing the business environment。

The State encourages and supports all regions and departments to actively explore original and differentiated specific measures to optimize the business environment within the framework of the rule of law in light of the actual situation;Where mistakes or deviations occur in the exploration and the prescribed conditions are met, the liability may be exempted or reduced。

  Article VIII The state has established and improved a business environment evaluation system that is oriented to the satisfaction of market players and the public, and gives full play to the guiding and supervising role of business environment evaluation in optimizing the business environment。

Conducting business environment assessment shall not affect the normal work of all regions and departments, affect the normal production and business activities of market players or increase the burden on market players。

    No unit shall make use of business environment assessment to seek profits。

  The ninth article Market entities shall abide by laws and regulations, abide by social ethics and business ethics, be honest and trustworthy, compete fairly, fulfill legal obligations in safety, quality, protection of workers' rights and interests and protection of consumers' rights and interests, and follow international rules in international economic and trade activities。

 

Chapter II Protection of market entities

 

    Article ten The state upholds equality of rights, opportunities and rules, and ensures that economic equality of all forms of ownership is protected by law。

  Article 11 Market entities enjoy autonomy in operation in accordance with the law。No unit or individual may interfere in matters that should be independently decided by market entities according to law。

  Article 12 The state ensures that all types of market entities have equal access to capital, technology, human resources, land use rights and other natural resources and other production factors and public service resources in accordance with the law。

  All types of market entities apply state policies to support development equally in accordance with the law。The government and its relevant departments shall treat all types of market players equally in accordance with the law in terms of government fund arrangement, land supply, tax and fee reduction, qualification licensing, standardisation, project application, evaluation of professional titles and human resources policies, and shall not formulate or implement discriminatory policies and measures。

  Article 13 Bidding and government procurement shall be open, transparent, fair and just, treat market players of all types of ownership and different regions equally in accordance with the law, and may not be restricted or excluded by unreasonable conditions or the origin of products。

Relevant government departments shall strengthen supervision over tendering and bidding and government procurement, and correct and investigate violations of laws and regulations according to law。

    Article 14 The state protects the property rights and other lawful rights and interests of market entities in accordance with law, and protects the personal and property safety of business operators。

It is strictly prohibited to take administrative coercive measures such as sealing up, freezing or impounding the property of market entities and the personal property of enterprise operators in violation of the legal authority, conditions and procedures;If it is necessary to implement the aforementioned administrative compulsory measures according to law, it shall be limited to the necessary scope。

  It is prohibited to require market entities to provide financial, material or human resources in addition to the provisions of laws and regulations。Market players have the right to refuse any form of assessment。

  Article 15 The state has established a system of punitive compensation for intellectual property infringement, promoted the establishment of a mechanism for rapid and coordinated protection of intellectual property rights, improved the mechanism for diversified settlement of intellectual property disputes and the mechanism for providing assistance in safeguarding intellectual property rights, and stepped up efforts to protect intellectual property rights。

    The state continued to deepen the reform of trademark registration and patent application facilitation, and improved the efficiency of trademark registration and patent application examination。

  Article 16 The state has intensified efforts to protect the rights and interests of small and medium-sized investors, improved the mechanism for protecting the rights and interests of small and medium-sized investors, guaranteed their right to know and participate, and made it easier for them to safeguard their legitimate rights and interests。

  Article 17 Unless otherwise provided for by laws and regulations, market entities have the right to independently decide to join or withdraw from social organizations such as trade associations and chambers of commerce, and no unit or individual may interfere。

  Except as otherwise provided by laws and regulations, no unit or individual may force or force in disguised form market entities to participate in evaluations, standards, commendations, training, assessments, examinations and similar activities, and may not use the aforementioned activities to charge market entities or charge in disguised form。

  Article 18 The state promotes the establishment of a unified national service platform for market players to protect their rights, providing efficient and convenient services for market players to protect their rights。

 

Chapter III Market environment

 

  Article 19 The state has continued to deepen the reform of the commercial system, unified business registration norms, unified data standards and platform service interfaces, and adopted a unified social credit code for registration management。

  The state promotes the reform of "separation of licenses and licenses"，We will continue to streamline business licensing，In accordance with the law, such methods as directly canceling approval, changing approval to filing, implementing notification commitments, and optimizing approval services are adopted，Classified-management of all business licensing matters，Provide convenience for enterprises to carry out relevant business activities after obtaining business licenses。Except for the specific areas provided for by laws and administrative regulations, matters related to enterprise business licensing shall not be used as a prerequisite for enterprise registration。

  The relevant departments of the government shall, in accordance with the relevant provisions of the State, simplify the procedures for enterprises to go through from applying for establishment to meeting the general operating conditions。Within the time limit for the establishment of enterprises prescribed by the State, each region shall determine and make public the specific processing time。

  Where an enterprise applies for registration of relevant changes such as residence, the relevant departments shall handle them in a timely manner according to law and shall not restrict them。Unless otherwise provided by laws, regulations and rules, the valid license held by the enterprise after relocation will not be repeated。

  Article 20 The state continues to relax market access and implements a unified national negative list system for market access。In areas not covered by the negative list for market access, all types of market entities can enter on an equal footing in accordance with the law。

    All regions and departments shall not separately formulate a negative list of the nature of market access。

  Article 21 Relevant government departments shall strengthen anti-monopoly and anti-unfair competition law enforcement, effectively prevent and stop monopolistic acts, unfair competition acts and abuse of administrative power in market economic activities to exclude and restrict competition, and create a fair market environment for competition。

  Article 22 The state establishes and improves a unified, open and orderly competitive human resources market system, breaks urban-rural, regional and industrial divisions and identity and gender discrimination, and promotes orderly social flow and rational allocation of human resources。

  Article 23 The government and its relevant departments should improve policies and measures, strengthen innovation services, encourage and support market players to expand the space for innovation, continue to promote innovation in products, technologies, business models and management, and give full play to the role of market players in promoting the transformation of scientific and technological achievements。

  Article 24 The government and its relevant departments should strictly implement various national tax reduction and fee reduction policies, timely study and solve specific problems in the implementation of policies, and ensure that tax reduction and fee reduction policies are comprehensive and timely to benefit market players。

  Article 25 The establishment of government-managed funds, enterprise-related administrative fees and enterprise-related deposits shall be based on laws and administrative regulations or approved by The State Council。For government-managed funds, enterprise-related administrative fees, enterprise-related deposits, and government-set fees for operation services, catalogues and lists shall be managed and disclosed to the public. Any such fees and deposits that are not included in the catalogues and lists shall not be implemented。We will promote the use of guarantees from financial institutions instead of cash to pay deposits for enterprises involved。

  Article 26 The State encourages and supports financial institutions to increase support for private enterprises and small and medium-sized enterprises, and reduce the comprehensive financing costs of private enterprises and small and medium-sized enterprises。

  The financial supervision and regulation department shall improve the supervision, assessment and incentive mechanism for commercial banks and other financial institutions, encourage and guide them to increase the credit supply to private enterprises and small and medium-sized enterprises, reasonably increase the support for medium and long-term loans and credit loans, and improve the efficiency of loan approval。

  Commercial banks and other financial institutions shall not set unreasonable conditions in the granting of credit, and shall not set discriminatory requirements on private enterprises and small and medium-sized enterprises。Commercial banks and other financial institutions shall regulate the charging behavior in accordance with the relevant regulations of the State, and shall not charge unreasonable fees to service objects in violation of regulations。Commercial banks shall disclose to the public the service standards, tariff standards and time limit for the opening of enterprise accounts。

  Article 27 The state promotes the standardized and healthy development of the multi-tiered capital market, expands financing channels for market entities, supports qualified private enterprises and small and medium-sized enterprises to issue stocks, bonds and other financing instruments in accordance with the law, and expands the scale of direct financing。

  Article 28 Public enterprises and institutions such as water supply, power supply, gas supply and heat supply shall disclose information on service standards and tariff standards to the public so as to provide safe, convenient, stable and reasonably priced services to market entities, and shall not force market entities to accept unreasonable service conditions or charge unreasonable fees in any name。All regions shall optimize the application process and determine and disclose the specific application time within the application time limit stipulated by the State。

  The relevant government departments shall strengthen the supervision and administration of the operation of public enterprises and institutions。

  Article 29 Trade associations and chambers of commerce shall, in accordance with laws, regulations and articles of association, strengthen self-discipline of the industry, timely reflect the demands of the industry, and provide services in information consultation, publicity and training, market expansion, rights and interests protection, dispute settlement and other aspects for market players。

The state strictly regulates the charging, evaluation and certification of trade associations and chambers of commerce in accordance with the law。

  Article 30 The state has strengthened the construction of the social credit system, continuously promoted the construction of government, business, social and judicial integrity, raised the public awareness of integrity and credit level, safeguarded credit information security, and strictly protected trade secrets and personal privacy。

  Article 31 Local people's governments at all levels and their relevant departments shall fulfill the policy commitments made to market entities in accordance with the law and the various types of contracts concluded in accordance with the law, and may not break contracts on the grounds of adjustment of administrative divisions, change of government, adjustment of institutions or functions, and change of relevant responsible persons。If it is necessary to change policy commitments or contract agreements due to national interests or social and public interests, it shall be carried out in accordance with legal authority and procedures, and compensation shall be made for the losses incurred by market entities according to law。

  Article 32 State organs and public institutions may not default on goods, projects, services and other accounts owed to market entities, and large enterprises may not use their dominant position to default on accounts owed to small and medium-sized enterprises。

  People's governments at or above the county level and their relevant departments shall intensify efforts to clear up the accounts owed by state organs and public institutions to market entities, and establish a long-term mechanism for preventing and managing the accounts owed by state organs and public institutions to market entities through measures such as strengthening budget management and strict accountability。

  Article 33 The relevant government departments shall optimize the process of handling the cancellation of market entities, streamline the application materials, compress the processing time, and reduce the cancellation cost。Market entities that do not carry out production and business activities or have no claims or debts after their establishment may be cancelled in accordance with simplified procedures。Market entities with claims and debts shall be cancelled in a timely manner after the claims and debts are settled according to law。

  Local people's governments at or above the county level shall, where necessary, establish a coordination mechanism for enterprise bankruptcy work to coordinate and solve the relevant problems involved in the process of enterprise bankruptcy。

 

Chapter IV Government services

 

  Article 34 The government and its relevant departments should further enhance their sense of service, effectively change their work style, and provide standardized, convenient and efficient government services for market players。

  Article 35 The government and its relevant departments should promote the standardization of government services，In accordance with the requirements of reducing links, reducing materials and reducing time limits，To formulate and disclose to the public government affairs (including matters of administrative power and matters of public services)，Standardized work procedures and guidelines，Refine and quantify government service standards，Compress discretion，We will encourage the same matters to be accepted without distinction and handled with the same standards。Without the basis of laws, regulations and rules, no additional conditions and links for the handling of government services may be added。

  Article 36 The government and its relevant departments shall, in the light of the actual situation, implement such systems as on-site settlement, one-time settlement, and time-limited settlement, so as to realize centralized handling, nearby handling, online handling, and off-site handling。If the market entity needs to correct the relevant materials and procedures, it shall inform the content that needs to be corrected in one time;Need to carry out site reconnaissance, site verification, technical review, hearing demonstration, should be arranged in a timely manner, within a limited time to complete。

  Laws, regulations, rules and relevant provisions of the State have a time limit for the handling of government affairs services, shall be completed within the prescribed time limit as soon as possible;If there is no provision, the time limit for handling shall be determined in accordance with the principle of reasonability and efficiency and concluded on time。Each region may further reduce the time within the time limit for handling government affairs services prescribed by the State, and shall disclose it to the public;If the processing time is exceeded, the handling unit shall publicly explain the reasons。

  Where the local people's governments at all levels have established government affairs service halls, all kinds of government affairs service matters within the administrative area shall generally be handled uniformly in the government affairs service halls。For the service Windows set up by departments in the government service hall, conditions should be created to integrate into a comprehensive window to provide one-stop service。

  Article 37 The State accelerates the construction of a national integrated online government service platform (hereinafter referred to as the integrated online platform), and promotes the realization of "one-netcom" in government service matters nationwide.。Unless otherwise provided for by laws and regulations or involving state secrets, government affairs shall be incorporated into the integrated online platform in accordance with the steps determined by The State Council。

  Relying on an integrated online platform, the state promotes the integration of government information systems, optimizes government processes, and promotes cross-regional, cross-departmental, and cross-level data sharing and business collaboration in government services。The government and its relevant departments shall, in accordance with relevant state regulations, provide data sharing services, upload relevant government service data to the integrated online platform in a timely manner, strengthen the management of the whole process of using shared data, and ensure the security of shared data。

  The state establishes an electronic license sharing service system to realize cross-regional and cross-departmental sharing of electronic licenses and nationwide mutual trust and recognition。All regions and departments shall strengthen the promotion and application of electronic licenses。

  All regions and departments shall promote the full integration of government service halls and government service platforms。Market entities have the right to independently choose the channels for handling government services, and administrative organs may not restrict the channels for handling government services。

  Article 38 The government and its relevant departments shall, through government websites and integrated online platforms, intensively publish laws, regulations, rules, administrative normative documents and various policies and measures involving market players, and strengthen publicity and interpretation through various ways and means。

  Article 39 The state strictly controls the establishment of new administrative licenses。The new administrative license shall be strictly set up in accordance with the Administrative License Law and the provisions of The State Council, and the legality, necessity and rationality of the review and demonstration。For matters that can be resolved through in-process and post-event supervision or market mechanisms, and that the Administrative Licensing Law and The State Council stipulate that administrative licensing shall not be established，No administrative license shall be established，It is strictly prohibited to set up or implement administrative license in the form of filing, registration, registration, catalog, planning, annual inspection, annual report, supervision, identification, certification, examination and approval, and any other forms。

  Where laws, administrative regulations and decisions of The State Council have provided for the relevant management matters, but have not adopted the administrative license management mode, the local government shall not establish an administrative license for the matter。Where no laws or administrative regulations have been formulated for the relevant management matters, the local government may set up an administrative license for the matters in accordance with law。

  Article 40 The state implements the administrative license list management system, adjusts the list of administrative licenses in a timely manner and announces it to the public, and shall not illegally implement administrative licenses outside the list。

  The state has made great efforts to streamline existing administrative licenses。The administrative organ may not continue to implement the cancelled administrative license or implement it in disguised form, and may not transfer the implementation to trade associations, chambers of commerce or other organizations。

  For matters subject to administrative license management, administrative organs shall optimize examination and approval services, improve examination and approval efficiency, and reduce the burden on market entities by integrating implementation and delegating examination and approval levels。If the relevant conditions and requirements are met, it may be handled by way of notification commitment in accordance with relevant provisions。

  Article 41 Local people's governments at or above the county level shall deepen the reform of the investment approval system, standardize the investment approval procedures according to the nature of the project and the scale of investment, streamline the approval requirements, simplify technical review matters, strengthen the coordination between project decision-making and the implementation of construction conditions such as land use and planning, and implement online parallel processing with relevant approval。

  Article 42 The local people's governments of districted cities or above shall, in accordance with the relevant provisions of the State, optimize the examination and approval process of engineering construction projects (excluding special projects and major projects in the fields of transportation, water conservancy, energy, etc.), implement parallel examination and approval, multi-drawing joint examination and acceptance, and other methods to simplify examination and approval procedures and improve examination and approval efficiency。

  In development zones, new districts and other qualified areas established according to law，Conduct regional assessments in accordance with relevant national regulations，The local people's governments at or above the prefectural level shall organize a unified assessment of matters such as the overlaying of important mineral resources and the risk of geological disasters in a certain area，Market entities within the region will no longer be subject to separate assessment requirements。The cost of regional assessment shall not be borne by market entities。

  Article 43 Intermediary services as a condition for administrative examination and approval (hereinafter referred to as statutory administrative examination and approval intermediary services) shall be based on laws, regulations or decisions of The State Council;If there is no basis, it shall not be used as a condition for administrative approval。Intermediary service agencies shall clarify the conditions, procedures, time limits and fee standards for handling intermediary services of statutory administrative examination and approval, and disclose them to the public。

  The state has accelerated the decoupling of intermediary service institutions from administrative organs。An administrative organ may not appoint, or in disguised form appoint, an intermediary service institution for a market entity;Except for statutory administrative examination and approval of intermediary services, market entities shall not be forced or forced in disguised form to accept intermediary services。Public institutions affiliated to administrative organs, social organizations in charge of them and their enterprises may not carry out intermediary services related to the administrative examination and approval for which they are responsible, except as otherwise provided by laws and administrative regulations。

  Where an administrative organ needs to entrust an intermediary service agency to carry out technical services in the process of administrative examination and approval, it shall choose an intermediary service agency through competitive means and bear the service fees by itself, which shall not be transferred to the market subject。

    Article 44 The certification matters shall be based on laws, regulations or decisions of The State Council。

  The establishment of certification items shall adhere to the principle of necessary and strict control。For those that can be handled through statutory certificates, statutory documents, written notification commitments, internal and inter-departmental verification of government departments, network verification, contract vouchers, etc., can be covered or replaced by other materials, and the issuing unit cannot investigate and verify, no certification matters shall be set。

  The relevant government departments shall publish the list of certification matters, itemize the setting basis, requesting units, issuing units, handling guidelines, etc。Outside the list, government departments, public enterprises and institutions and service agencies are not allowed to ask for certificates。All regions and departments should strengthen the mutual recognition and sharing of certificates to avoid repeated requests for certificates。

  Article 45 The government and its relevant departments shall, in accordance with the relevant requirements of the State, promote the facilitation of cross-border trade，The number of items subject to examination and approval for imports and exports will be reduced in accordance with the law，Eliminate unnecessary regulatory requirements，Optimize and simplify the customs clearance process，Improve customs clearance efficiency，We will clean up and standardize port charges，Reduce customs clearance costs，Promote the unification of port and international trade related business through the "single window" of international trade。

  Article 46 Tax authorities should streamline tax materials and procedures, simplify the number of tax declarations, make public the time limit for tax-related matters, reduce the time for tax processing, increase efforts to promote the use of electronic invoices, gradually realize the whole process of online tax processing, and continuously optimize tax payment services。

  Article 47 The real estate registration agency shall, in accordance with the relevant provisions of the State, strengthen the cooperation between departments, implement the acceptance of real estate registration, transaction and tax payment at one window and handle them in parallel, reduce the processing time and reduce the processing cost。Within the time limit for the registration of real estate stipulated by the State, each region shall determine and make public the specific processing time。

  The state promotes the establishment of a unified registration and publicity system for movable property and rights security, and gradually realizes that market entities can register movable property and rights security on a single platform。The scope of movable property and rights included in the unified registration and publicity system shall be specified separately。

  Article 48 The government and its relevant departments shall, in accordance with the requirements of building a new type of friendly and clean relationship between government and business, establish a smooth and effective communication mechanism between government and business, take various means to listen to the reactions and demands of market players in a timely manner, understand the difficulties and problems encountered by market players in their production and operation, and help them solve them in accordance with the law。

  The establishment of a government-enterprise communication mechanism shall fully respect the will of market entities, make it more targeted and effective, and shall not interfere with the normal production and business activities of market entities or increase their burden。

   Article 49 The government and its relevant departments shall establish convenient and unimpeded channels to accept complaints and reports concerning the business environment。

  Article 50 The news media should promptly and accurately publicize the measures and effects of optimizing the business environment, and create a good public opinion atmosphere for optimizing the business environment。

    The State encourages public opinion supervision of the business environment, but prohibits the fabrication of false information or distortion of facts to make false reports。

 

Chapter V Supervision and law enforcement

 

  Article 51 Relevant government departments shall, in strict accordance with laws, regulations and duties, carry out regulatory responsibilities, clarify the objects and scope of regulation, clarify the powers of regulation, and supervise market entities in accordance with the law to achieve full regulatory coverage。

  Article 52 The state maintains an open and transparent system of regulatory rules and standards。The relevant departments under The State Council shall formulate national unified, simple and feasible supervisory rules and standards in different fields and make them available to the public。

  Article 53 The government and its relevant departments shall, in accordance with the requirements of the state on accelerating the construction of a new credit-based regulatory mechanism, innovate and improve credit supervision, strengthen the support and guarantee of credit supervision, strengthen the organization and implementation of credit supervision, and constantly improve the efficiency of credit supervision。

  Article 54 The state implements "double random and one open" supervision，In addition to directly involving public safety and people's lives and health and other special industries and key areas，The administrative inspection in the field of market supervision shall be carried out through random selection of inspection objects, random selection of law enforcement inspectors, random inspection items and timely disclosure of investigation results to the public。Multiple inspection items for the same inspection object shall be merged or incorporated into the scope of cross-departmental joint sampling as far as possible。

  Special industries and key areas directly related to public security and the lives and health of the people will be subject to full coverage of key supervision in accordance with the law and regulations, and the procedures for key supervision will be strictly regulated.Problems found through complaints and reports, transfer, data monitoring, etc., shall be inspected in a targeted manner and dealt with according to law and regulations。

  Article 55 The government and its relevant departments should follow the principle of encouraging innovation，We will exercise inclusive and prudent regulation over new technologies, industries, business forms and models，According to the nature and characteristics of the classification to formulate and implement the corresponding regulatory rules and standards，Leave enough room for development，While ensuring quality and safety，It should not be simply prohibited or unregulated。

  Article 56 The government and its relevant departments should make full use of the Internet, big data and other technical means, rely on the online supervision system established by the state, strengthen the collection, sharing and association integration of regulatory information, promote off-site supervision featuring remote supervision, mobile supervision, early warning prevention and control, and improve the precision and intelligent level of supervision。

  Article 57 The state has established and improved cross-departmental and cross-regional mechanisms for joint response and cooperation in administrative law enforcement, so as to realize interconnection of illegal clues, sharing of regulatory standards, and mutual recognition of handling results。

  The state makes overall arrangements for administrative law enforcement functions and resources, implements comprehensive administrative law enforcement in relevant fields, integrates and streamlines law enforcement teams, reduces law enforcement bodies and levels, and improves law enforcement capacity at the grassroots level。

  Article 58 The administrative law enforcement organs shall, in accordance with the relevant provisions of the State, fully implement the system of publicity of administrative law enforcement, recording of the whole process of administrative law enforcement and legal review of major administrative law enforcement decisions, so as to achieve timely and accurate publicity of administrative law enforcement information, trace and traceable management of the whole process of administrative law enforcement, and full coverage of legal review of major administrative law enforcement decisions。

  Article 59 In administrative law enforcement, non-compulsory means such as persuasion education, persuasion demonstration and administrative guidance shall be popularized and applied, and administrative coercion shall be prudently implemented according to law。Where the purpose of administrative administration can be achieved by non-compulsory means, administrative coercion shall not be implemented;If the circumstances of the illegal act are minor or the social harm is minor, administrative coercion may not be imposed;If it is necessary to implement administrative coercion, the impact on the normal production and business activities of market entities shall be reduced as much as possible。

  Activities such as liquidation, rectification and special rectification shall be carried out in strict accordance with the law, and no measures shall be taken in relevant areas requiring market players in relevant industries and fields to suspend production or business operations, except those involving the safety of the lives of the people, major accidents occurring or major state events being held and reported to the competent authorities for approval。

    It is prohibited to link forfeiture income with the interests of administrative law enforcement organs。

  Article 60 The state improves the benchmark system for discretion in administrative law enforcement, reasonably determines the scope, type and range of discretion, and standardizes the exercise of discretion in administrative law enforcement。

 

Chapter VI legal protection

 

  Article 61 In light of the need to optimize the business environment, the State shall formulate, amend or repeal relevant laws, regulations, rules and administrative normative documents in a timely manner in accordance with legal authority and procedures。

Where the reform measures to optimize the business environment involve the adjustment and implementation of the relevant provisions of existing laws, administrative regulations, etc., they may be tried out first after being authorized by the competent authorities in accordance with legal procedures。

  Article 62 The formulation of administrative regulations, rules and administrative normative documents closely related to the production and business activities of market entities shall, in accordance with the provisions of The State Council, fully listen to the opinions of market entities, trade associations and chambers of commerce。

  In addition to the need for confidentiality according to law, the formulation of administrative regulations, rules and administrative normative documents closely related to the production and business activities of market players should be publicly solicited to the public through newspapers, networks, etc., and establish a sound feedback mechanism for the adoption of opinions。The period for soliciting public opinions is generally not less than 30 days。

  Article 63 The formulation of administrative regulations, rules and administrative normative documents closely related to the production and business activities of market entities shall be examined for fair competition in accordance with the provisions of The State Council。

    The formulation of administrative normative documents involving the rights and obligations of market entities shall be examined for legality in accordance with the provisions of The State Council。

  Where a market entity considers a local regulation to be in conflict with an administrative regulation, or a regulation to be in conflict with a law or an administrative regulation, it may submit a written review proposal to The State Council, and the relevant authorities shall handle the matter in accordance with the prescribed procedures。

  Article 64 Without the basis of laws, regulations or decisions and orders of The State Council, administrative normative documents shall not impair the legitimate rights and interests of market players or increase their obligations, shall not set conditions for market access and exit, and shall not interfere with the normal production and business activities of market players。

  Administrative normative documents involving the rights and obligations of market entities shall be published in accordance with legal requirements and procedures, and those that have not been published shall not be used as a basis for administrative management。

  Article 65 The formulation of administrative regulations, rules and administrative normative documents closely related to the production and business activities of market entities shall, in light of the actual situation, determine whether the necessary period of adaptation and adjustment should be set aside for market entities。

  The government and its relevant departments shall coordinate and reasonably grasp the rhythm of the issuance of regulations and administrative normative documents, comprehensively evaluate the effect of policies, and avoid adverse effects on the normal production and business activities of market players due to the superposition or incoordination of policies。

  Article 66 The state has improved a diversified dispute resolution mechanism that integrates mediation, arbitration, administrative adjudication, administrative reconsideration and litigation to provide efficient and convenient ways for market players to resolve disputes。

  Article 67 The state has strengthened publicity and education on the rule of law, implemented the legal responsibility system of state organs, improved the ability of government functionaries to perform their duties in accordance with the law, guided market entities to operate lawfully and safeguard their legitimate rights and interests in accordance with the law, and constantly raised the awareness of the rule of law in the whole society, providing basic support for creating a law-based business environment。

  Article 68 The government and its relevant departments should integrate lawyers, notaries, judicial appraisal, mediation, arbitration and other public legal service resources, accelerate the construction of a public legal service system, comprehensively improve the capacity and level of public legal services, and provide all-round legal services for optimizing the business environment。

  Article 69 In any of the following circumstances, the government and relevant departments and their staff shall be investigated for responsibility according to law and regulations:

(1) Illegal intervention in matters that should be independently decided by market entities;

(2) The formulation or implementation of policies and measures does not treat all types of market entities equally in accordance with the law;

(3) Taking compulsory administrative measures such as sealing up, freezing or seizing the property of market entities and the personal property of enterprise operators in violation of the legal authority, conditions and procedures;

(4) requiring market entities to provide financial, material or human resources beyond the provisions of laws and regulations;

(5) There is no legal or regulatory basis, forcing or disguised forcing market entities to participate in evaluations, standards, commendation, training, assessment, examination and similar activities, or using the aforementioned activities to charge market entities or disguised charges;

(6) Illegally establishing or implementing government-managed funds, enterprise-related administrative fees, and enterprise-related deposits outside the catalogue-list;

(7) failing to fulfill policy commitments made to market entities in accordance with the law and various types of contracts concluded in accordance with the law, or defaulting on goods, projects, services and other accounts owed to market entities;

(8) establishment or implementation of administrative license in disguised form, continuation or implementation of cancelled administrative license in disguised form, or transfer to trade associations, chambers of commerce or other organizations to implement cancelled administrative license;

(9) designating intermediary service institutions for market entities or in disguised form, or illegally forcing market entities to accept intermediary services;

(10) When formulating administrative regulations, rules and administrative normative documents closely related to the production and business activities of market entities, failing to listen to the opinions of market entities, trade associations and chambers of commerce in accordance with regulations;

(11) Other circumstances of failing to perform the duties of optimizing the business environment or damaging the business environment。

   Article 70 Under any of the following circumstances, public enterprises and institutions shall be ordered by the relevant departments to make corrections and be investigated for legal responsibilities according to law:

(1) Not to disclose to the public service standards, tariff standards, time limits and other information;

(2) forcing market entities to accept unreasonable service conditions;

(3) Charging unreasonable fees to market entities。

   Article 71 Trade associations, chambers of commerce, intermediary service agencies in any of the following circumstances, by the relevant departments to order correction, legal responsibility according to law:

(1) illegal conduct of charging, evaluation, certification, etc.;

(2) illegally interfering with market entities' participation in or withdrawal from social organizations such as trade associations and chambers of commerce;

(3) There is no legal or regulatory basis, forcing or disguised forcing market entities to participate in evaluations, standards, commendation, training, assessment, examination and similar activities, or using the aforementioned activities to charge market entities or disguised charges;

(4) not open to the public the conditions, procedures, time limits, and fee standards for handling intermediary services for statutory administrative examination and approval;

(5) Illegally forcing or disguised forcing market entities to accept intermediary services。

 

Chapter VII Supplementary Provisions

 

    Article 72 These Regulations shall come into force as of January 1, 2020。