First, general requirements

Implement the requirements of the Guiding Opinions of the CPC Central Committee and The State Council on Supporting Hainan in Comprehensively Deepening Reform and opening Up (Zhongfa [2018] No.12) and the Notice of The State Council on Printing and Distributing the Overall Plan of China (Hainan) Pilot Free Trade Zone (Guofa [2018] No.34), and in accordance with the decisions and arrangements of the CPC Central Committee and The State Council on deepening the reform of the commercial system, We will continue to deepen the reform of "delegating regulation and service", adhere to the principle of reducing licenses after licensing, delegating regulation, and carrying out reform in accordance with the law. We will clarify the responsibilities of the government and enterprises, comprehensively sort out business licensing matters, advance the reform of the approval system based on categories, improve simple and transparent rules for industry access, continue to expand enterprises' operational autonomy, and strengthen operational and post-operational oversight. We will foster a market-based, law-based and international business environment, energize micro entities, and promote high-quality economic development.

2. Work objectives

Since December 1, 2019, in the China (Hainan) Pilot Free Trade Zone, 523 items related to enterprises (including individual industrial and commercial households and farmers' specialized cooperatives) have been set by laws, administrative regulations and decisions of The State Council (hereinafter referred to as the central Government level). The same as below) the list of business license items and the five enterprise-related business license items set by local laws and regulations and local government rules (hereinafter referred to as the local level) shall be managed with a full coverage list. The pilot reform of "separation of licenses and licenses" shall be carried out in accordance with the four methods of directly canceling the approval, changing the approval to the record, implementing the promise of notification, and optimizing the examination and approval service. Establish a list management system, bring all business licensing matters related to enterprises into the list management, itemize the name of the items, setting basis, examination and approval levels and departments, reform methods, specific reform measures, in-process and post-regulatory measures, etc. The list should be adjusted and updated regularly and released to the public to accept social supervision. Outside the list, enterprises shall not be illegally restricted from entering related industries and fields. Enterprises may independently carry out business operations after obtaining business licenses.

Iii. Key contents

The business licensing items included in the reform of "separation of licenses and licenses" shall be managed in the following four ways.

(1) Directly cancel examination and approval. Directly cancel the approval of business license items related to enterprises that no longer have the necessity of setting, can be effectively regulated by the market mechanism, can be effectively self-regulated by industry organizations or intermediary institutions, and can be effectively regulated through in-process and post-event supervision.

After the cancellation of the examination and approval, the enterprise can carry out operations with the business license. The market supervision department timely pushes the registration information of the establishment and change of relevant enterprises to the relevant competent departments through the provincial government information sharing and exchange platform, and the relevant competent departments timely bring into the scope of supervision and implement the operational and post-operational supervision according to law.

(2) Change the examination and approval to the record. For enterprise-related business license matters that can be cancelled for examination and approval and require the enterprise to provide relevant information on its own initiative in a timely manner, so that the competent department can effectively implement industry management and safeguard public interests, the examination and approval shall be replaced with the filing. We will resolutely prevent approval in the name of filing.

In principle, in accordance with the requirement of "combining multiple certificates", the matters that have been approved and changed to the record shall be put on record at the same time in the enterprise registration process, and the market supervision department shall push the information collected for the record to the relevant competent authorities; If it is really necessary to go to the competent department for the record, the elements of the record shall be simplified, the conditions for the completion of the record formalities shall be clarified, and in principle, the record shall be completed on the spot. After the enterprise is put on record, relevant competent departments shall carry out effective supervision according to law. Where an enterprise violates regulations by failing to file a record, delays filing a record or has inaccurate information for filing, it shall clarify regulatory rules, investigate and handle the situation according to law and take measures to correct it.

(3) Implementation of notification commitment. For the enterprise-related business license matters that really need to be retained, the enterprise shall make a commitment to meet the conditions of the business license. If the competent department can correct the behaviors that do not meet the conditions of the business license and effectively prevent risks through the on-going and post-operation supervision, the enterprise shall implement the notification commitment.

For the matters subject to the notification commitment, the relevant competent authorities shall, in accordance with the law, accurately and completely list the specific conditions of the business license that are quantifiable, operable and do not contain the guarantee clause, clarify the regulatory rules and the consequences of the violation of the commitment, inform the enterprise in one time, and provide the model text of the notification commitment letter. Where an enterprise has voluntarily made a commitment and submitted materials as required, a decision on examination and approval shall be made on the spot.

If the enterprise has promised to meet the conditions for operation license, the enterprise may start operation after obtaining the license; An enterprise that does not yet have the operation license conditions but promises to have them within a certain period of time after obtaining the license may not start its operation until it has met the operation license conditions and submitted materials as required. The competent authorities should treat the enterprises that have promised to obtain licenses through notification as equal to those that have obtained licenses through general examination and approval procedures, and strengthen the in-process and post-operation supervision according to the risk situation. The content of enterprise commitments should be made public to facilitate social supervision. If the competent department finds that the enterprise does not carry out business activities in conformity with the conditions promised, it shall order it to make rectification within a time limit. If no rectification is made within the time limit or the rectification still fails to meet the requirements, the license shall be revoked according to law. The loss caused by failure to notify shall be borne by the relevant competent department, while the loss caused by false promise or breach of promise shall be borne by the enterprise.

4. Improving examination and approval services. For business license matters related to national security, public security, financial security, ecological security, public health and other major public interests that do not meet the conditions for cancellation of approval or implementation of notification commitment, concrete measures shall be taken to optimize examination and approval services, improve examination and approval efficiency, and reduce administrative costs.

To optimize the examination and approval services, relevant competent departments shall take the following measures in view of the difficulties and problems concerned by enterprises: First, delegate the authority of examination and approval to lower levels. For the matters that are more convenient and efficient and can be effectively undertaken by the municipal and county governments (including the Administrative Committee of Yangpu Economic Development Zone, the same below), the authority of examination and approval shall be delegated to or entrusted to the relevant competent departments of the municipal and county governments, so as to maximize the ability of enterprises in the area to handle affairs nearby. Second, we will reduce the requirements and procedures for examination and approval. We will significantly streamline the requirements for business licenses and materials for approval, resolutely eliminate "bizarre certificates", optimize procedures through parallel processing and joint review, and proactively reduce the time limit for approval. The third is to extend or cancel the validity period. Where the validity period of the license is set but the conditions of the business license remain basically unchanged, the validity period shall be extended or cancelled in principle. Fourth, we will publish the conditions for controlling the total quantity and the stock. For matters subject to quantitative restrictions, it is necessary to regularly publish information on the total quantity control conditions, the layout plan, the stock of enterprises and the ranking of enterprises applying for them, so as to facilitate their independent decision-making. At the same time, in light of the actual work, actively explore other innovative measures.

Fourth, strengthen information sharing application

Transform and improve provincial government information sharing and exchange platform, Hainan Government affairs service network, Hainan business subject Registration platform (Hainan E-registration), National enterprise Credit Information Publicity System (Hainan), business handling system for enterprise-related business license matters of various departments and other information platforms, and improve the paths and channels for collecting, sharing and publicizing enterprise-related business license information. Realize enterprise registration, business license, filing, law enforcement inspection, administrative punishment and other enterprise-related information collected timely through the provincial government information sharing exchange platform to provincial integrated online government service platform, provincial credit information sharing platform, national enterprise credit information publicity system (Hainan), in addition to involving state secrets, realize centralized sharing of government information related to enterprise operations. The provincial market Supervision Bureau is responsible for transforming and improving the "Hainan E-registration" platform and adding the "auxiliary inquiry function of enterprise-related business license processing"; Implement standardized registration of business scope. When enterprises register, the market supervision department shall, according to the business scope independently declared by the enterprise, clarify the business license matters that the enterprise needs to handle, and the registration information of the establishment and change of the enterprise to be applied for the license shall be timely pushed to the relevant competent authorities through the provincial government information sharing exchange platform. The market supervision department shall be responsible for collecting relevant information into the National Enterprise Credit Information Publicity System (Hainan), recording it under the name of the enterprise and publicizing it to the society. The relevant provincial competent departments shall be responsible for upgrading and reforming the business handling system of enterprise-related business license matters of their own departments, ensuring that they can realize data docking with the provincial government information sharing exchange platform, timely receiving and utilizing enterprise registration information, bringing it into the scope of supervision, and shall not require enterprises to provide the information obtained through information sharing when handling business license matters. Timely push and share the results of enterprise-related business license matters, according to the principle of "who approves, who pushes", push the results of enterprise-related business license matters (including two situations of approval and disapproval, excluding the situation that has not been completed) to the market supervision department through the provincial government information sharing exchange platform, where the vertical management information business system is involved. Relevant competent departments should actively report to higher authorities and promptly introduce convenient and feasible implementation plans for information collection and sharing. The provincial Big Data Administration Bureau is responsible for building and improving the provincial government information sharing and exchange platform, and supporting the interconnection and data sharing between the Hainan government affairs service network and the business systems of various departments. Responsible for collecting relevant information and displaying it on provincial integrated online service platform; To coordinate the upgrading and transformation of Hainan government affairs service network and other relevant information systems. The Government Affairs Service Center of the Provincial Government is responsible for coordinating and promoting the input and update of the guidelines for business licensing matters of various departments in the Hainan Government Affairs service network. The Provincial Development and Reform Commission is responsible for collecting relevant information and displaying it on the provincial credit information sharing platform.

5. Strengthen operational and post-operational oversight

We should attach equal importance to both regulation and regulation, strengthen the link between approval and regulation, and improve regulatory rules and standards in accordance with the principle of "who shall review and supervise, who shall be in charge and who shall supervise". Relevant competent departments should earnestly assume their oversight responsibilities, formulate and improve oversight methods, clarify oversight standards, methods and measures in light of the classification of reform items, and resolutely correct problems such as "no criticism, no oversight", "only criticism, no oversight" and "strict supervision and broad supervision". We will comprehensively implement the "double random and one open" regulation, cross-departmental joint regulation and "Internet Plus" regulation. We will exercise inclusive and prudent regulation over new technologies, new industries, new business forms and new models, and give priority to high-risk industries and areas. Strengthen credit supervision, investigate and punish behaviors such as false promises and illegal operation according to law and record them in credit records, and implement joint punishment for trust-breaking. We will strengthen public oversight, handle complaints and reports in a timely manner in accordance with the law, and guide nongovernmental forces to participate in the governance of market order. We will strengthen the deterrent effect of supervision, revoke or revoke relevant licenses and market entry restrictions for enterprises and relevant responsible personnel that seriously violate the law.

6. Job Requirements

1. Strengthening organizational leadership All city and county governments and departments should fully understand the importance, complexity and arduousness of the reform of "separation of certificates and licenses", consolidate their responsibilities at various levels, and ensure active and steady progress. All city and county governments should fulfill their main responsibilities and actively yet prudently push forward the reform of "separating licenses and licenses" in their own cities and counties. Provincial market supervision Bureau as the leading department of "license separation" reform work, to actively coordinate and promote the difficult problems encountered in the reform. The provincial justice Department should actively promote the enactment, reform and abolition of relevant regulations. Provincial Department of Commerce should do a good job of "license separation" reform and open to the outside world policy. Provincial-level competent departments should strengthen the division of responsibilities and improve the in-process and post-operation supervision measures. The municipal and county governments and departments shall, in accordance with the adjustments made by laws, administrative regulations and decisions of The State Council, promptly make corresponding adjustments to the rules and normative documents formulated in their respective areas and establish a management system adapted to the requirements of the pilot projects.

2. Improving the quality of services. All departments should further standardize examination and approval services, formulate and publish accurate, complete, concise and easy-to-understand guidelines, standardize discretion, strictly limit time limits, and eliminate hidden thresholds. We will speed up the promotion of "Internet plus government services", and promote the whole process from application, acceptance, review and certification of business licenses for enterprises to "all access" and "run at most once". Supervision and management of examination and approval activities should be strengthened, and a system of "good and bad evaluation" of examination and approval services should be established so that enterprises can judge the performance of their services.

3. Pay attention to publicity and guidance. All city and county governments, departments should actively do a good job of publicity, expand the awareness of the policy. We should publicize reform policies through government websites, news media, wechat and other publicity means, expand the awareness of various reform policies, respond to social concerns in a timely manner, let market players and the public fully understand the reform policies, and form a good atmosphere for supporting and participating in reform. Training should be strengthened to enhance the professional quality and service awareness of staff to ensure the smooth progress of reform.

4. We will work hard to implement the work. All city and county governments and departments should implement reform tasks in an all-round way with the spirit of "driving in the pegging", improve incentive and restraint mechanisms and mechanisms for tolerating and correcting errors, fully mobilize enthusiasm and initiative for advancing reform, and encourage and support innovative work. We should closely track the progress of pilot reforms, sum up and evaluate their progress, improve policies and measures in a timely manner, discover and promote typical experience, ensure that the pilot reforms achieve the expected results, and constantly enhance the sense of gain of enterprises. We will strengthen supervision and accountability, and commend those who are effective in their implementation. Those who fail to perform their duties in accordance with the law and regulations will be held accountable.