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Opinions of the CPC Central Committee and the State Council on Promoting the Development and Growth of the Private Economy

author:Qingbaijiang comprehensive law enforcement

The private economy is a new force for promoting Chinese-style modernization, an important foundation for high-quality development, and an important force for promoting the mainland to build itself into a modern socialist power in an all-round way and achieve the second centenary goal. In order to promote the development and growth of the private economy, the following opinions are put forward.

1. General requirements

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, deeply implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the general tone of seeking progress while maintaining stability, complete, accurate and comprehensive implementation of the new development concept, accelerate the construction of a new development pattern, focus on promoting high-quality development, adhere to the direction of socialist market economy reform, adhere to the "two unwavering", accelerate the creation of a market-oriented, rule-of-law, and internationalized first-class business environment, optimize the environment for the development of the private economy, and protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law. Comprehensively build pro-Qing government-business relations, enable all ownership economies to use production factors equally in accordance with the law, participate in market competition fairly, and receive equal legal protection, guide private enterprises to continuously improve the quality of development through their own reform and development, compliant operation, transformation and upgrading, promote the private economy to become bigger, better and stronger, make positive contributions in the new journey of building a modern socialist country in an all-round way, and shoulder greater missions, shoulder heavier responsibilities and play a greater role in the historical process of the great rejuvenation of the Chinese nation.

2. Continue to optimize the environment for the development of the private economy

Build a high-level socialist market economic system, continue to optimize a stable, fair, transparent and predictable development environment, and fully stimulate the vitality of the private economy.

(1) Continue to break down barriers to market access. All regions and departments must not set or covertly set up barriers to access in the form of filing, registration, annual inspection, identification, certification, designation, or requirement to establish branches. Clean up and standardize the preconditions and approval standards for administrative approval, licensing, filing, and other government service matters, and must not convert government service matters into intermediary service matters, and must not require enterprises to test, inspect, certify, appraise, notarize, or provide certificates before government services without a basis in laws and regulations. Steadily carry out market access efficiency assessment, establish a complaint and response mechanism for market access barriers, and improve the system for collecting and reporting typical cases.

(2) Fully implement the fair competition policy system. Strengthen the basic position of competition policy, improve the framework of fair competition system and policy implementation mechanism, and insist on equal treatment of enterprises of all types of ownership. Strengthen anti-monopoly law enforcement to stop the abuse of administrative power to eliminate restrictions on competition. Without fair competition, business operators must not be granted franchise rights, and must not restrict the operation, purchase or use of goods and services provided by specific business operators. Periodically introduce a negative list of market interventions, and promptly clean up and abolish policies that hinder a unified market and fair competition, such as local protection, market segmentation, and designated transactions. Optimize and improve the implementation methods of industrial policies, establish a catalogue list of preferential policies related to enterprises and disclose them to the public in a timely manner.

(3) Improve mechanisms for social credit incentives and restraints. Improve credit information recording and sharing systems, comprehensively popularize credit pledge systems, and include commitment and performance information in credit records. Give play to the role of credit incentive mechanisms to enhance the sense of gain of enterprises with good credit. Improve credit restraint mechanisms, carrying out punishments for responsible entities in accordance with laws and regulations in accordance with the list of punishment measures for untrustworthiness. Complete mechanisms for credit restoration after untrustworthy conduct is corrected, and research and introduce relevant management measures. Improve mechanisms for government creditworthiness performance, establish and complete systems for records and punishments for untrustworthiness in government affairs, and include information on untrustworthiness such as violations of contract by organs and public institutions, arrears of accounts, and refusal to perform on judicial judgments into the national credit information sharing platform.

(4) Improve market-oriented reorganization mechanisms. Encourage private enterprises to revitalize existing assets and recover funds. Adhere to accurate identification and categorical policies, and actively apply bankruptcy reorganization and bankruptcy settlement procedures to enterprises that are in financial difficulties but still have development prospects and rescue value in accordance with the principles of marketization and rule of law. Promote the revision of the Enterprise Bankruptcy Law and improve supporting systems. Optimize policies related to the conversion of individual industrial and commercial enterprises into enterprises and reduce switching costs.

3. Increase support for private economic policies

Accurately formulate and implement various support policies, improve policy implementation methods, strengthen policy coordination, respond to concerns and interests in a timely manner, and effectively solve practical difficulties.

(5) Improve financing support policies and systems. Improve the market-oriented financing risk sharing mechanism with the participation of banks, insurance, guarantees, securities firms and other parties. Improve credit rating and evaluation systems for small, medium and micro enterprises and individual industrial and commercial enterprises, strengthen the aggregation of enterprise-related credit information, and promote service models such as "credit loans". Support qualified private small, medium and micro enterprises to raise funds in the bond market, encourage qualified private enterprises to issue scientific and technological innovation corporate bonds, and promote the special support plan for private enterprise bond financing to expand coverage and enhance credit enhancement. Support eligible private enterprises to go public, raise funds and refinance.

(6) Improve mechanisms for normalizing the prevention and clean-up of arrears. Strictly implement the Regulations on Guaranteeing the Payment of Funds by Small and Medium-sized Enterprises, improve the long-term mechanism for preventing and resolving arrears of small and medium-sized enterprises, and increase the accountability and punishment of responsible persons in accordance with laws and regulations. Organs, public institutions and large enterprises shall not refuse or delay the payment of small and medium-sized enterprises and individual industrial and commercial enterprises on the grounds of internal personnel changes, performance of internal payment procedures, or waiting for completion acceptance approval and final account audit in the absence of an agreement in the contract. Establish a system for regular disclosure, counseling and guidance, and active law enforcement of arrears. Strengthen information disclosure of commercial bills of exchange, and improve credit restraint mechanisms in the bill market. Improve mechanisms for handling complaints about arrears and credit supervision, and strengthen the exposure of cases of malicious arrears. Improve the normalized docking mechanism between arrears clearance and auditing, supervision, inspection and other systems.

(7) Strengthen the guarantee of talent and employment needs. Smooth the flow of talents to private enterprises, and improve the policy mechanisms for personnel management, file management, social security and so on. Improve the methods for evaluating professional titles of private enterprises, unblock the channels for evaluating professional titles of private enterprises, and improve the evaluation standards for professional titles oriented by market evaluation. Build a platform for connecting employment information for private enterprises, individual industrial and commercial enterprises, and workers' job search. Vigorously promote school-enterprise cooperation and the integration of industry and education. Promote the construction of the private economic and industrial workforce, and optimize the career development environment. Strengthen the protection of the rights and interests of workers in flexible employment and new forms of employment, and give play to the role of platform enterprises in expanding employment.

(8) Improve the mechanism for direct access to fast enjoyment by support policies. Give full play to the role of the direct transfer mechanism of financial funds, and promote the direct access of enterprise-related funds. Increase the disclosure of enterprise-related subsidy funds and accept social supervision. For private small, medium and micro enterprises and individual industrial and commercial enterprises, establish a support policy "free application and enjoy" mechanism, promote the notification and commitment system, and relevant departments can extract materials through public data platforms without requiring repeated provision.

(9) Strengthen policy communication and expectation guidance. Perform enterprise-related policy adjustment procedures in accordance with laws and regulations, and set a reasonable transition period according to actual conditions. Strengthen the issuance and interpretation of policies directly for private enterprises and individual industrial and commercial enterprises. Support government departments at all levels to invite outstanding entrepreneurs to carry out consultations, and give full play to the role of entrepreneurs in the formulation and evaluation of enterprise-related policies, planning, standards, etc.

4. Strengthen legal safeguards for the development of the private economy

Improve the legal environment for equal protection of all types of ownership economies, and create good and stable expectations for the development of the private economy.

(10) Protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with law. Prevent and correct the use of administrative or criminal means to intervene in economic disputes, as well as local protectionism in law enforcement and justice. Further standardize compulsory measures related to property rights, avoiding the sealing, seizure, and freezing of assets beyond authority, scope, amount, or time limit. While ensuring the normal conduct of investigative activities, relevant parties may be allowed to continue to use commercial assets involved in the case that are not suitable for sealing, seizure and freezing, and employ necessary measures to preserve and preserve value, minimizing the impact of investigation and case handling on normal office and lawful production and operation. Improve mechanisms such as appeals and retrials of cases involving enterprises, and complete mechanisms for effective prevention and normalization of correction of wrongful cases.

(11) Establish institutional mechanisms for preventing and controlling corruption at the source of private enterprises. Promulgate judicial interpretations to increase the severity of punishment for corrupt acts such as embezzlement of duties, embezzlement of funds, and acceptance of bribes by staff of private enterprises in accordance with the law. Complete mechanisms for the recovery and disposal of assets involved in the case. Deepen the compliance reform of the enterprises involved in the case, and promote the compliance and law-abiding operation of private enterprises. Strengthen the governance of the sources of corruption in private enterprises, and guide private enterprises to establish a strict auditing and supervision system and accounting system. Give full play to the role of party organizations in private enterprises, promote enterprises to strengthen education on the rule of law, and create a corporate culture atmosphere of honesty and integrity. Establish a corruption governance mechanism for private enterprises with the participation of multiple subjects. Promote the construction of private enterprises under the rule of law and clean and honest private enterprises.

(12) Continue to improve the intellectual property protection system. Increase the protection of the original innovation of private small, medium and micro enterprises. Strictly implement systems such as punitive damages for intellectual property infringement and conduct preservation. Establish mechanisms for the rapid handling of intellectual property infringement and administrative non-litigation enforcement, and improve the cross-regional jurisdiction system of intellectual property courts. Research and improve measures for the protection of intellectual property rights for innovative achievements such as commercial improvement and cultural creativity, and severely crack down on acts of unfair competition such as infringement of trade secrets, counterfeiting and confusion, and illegal acts such as preemptive registration of trademarks in bad faith. Intensify criminal crackdowns on violations and crimes of infringing intellectual property rights. Improve the guidance mechanism for responding to overseas intellectual property disputes.

(13) Improve regulatory law enforcement systems. Strengthen the establishment of regulatory standardization and standardization, disclose regulatory standards and rules in accordance with law, and enhance the stability and predictability of regulatory systems and policies. Improve the fairness, standardization and simplicity of supervision, put an end to selective law enforcement and allow enterprises to "prove their innocence" type of supervision. Encourage cross-administrative regions to jointly issue unified regulatory policies, regulations, standards and norms in accordance with provisions, and carry out joint law enforcement. In accordance with the principle of combining education and punishment, promote law enforcement methods such as notification, reminder, and persuasion, and administrative punishments are not to be given in accordance with law for those who violate the law for the first time and the harmful consequences are minor and promptly corrected.

(14) Complete long-term regulatory mechanisms for enterprise-related fees. Continue to improve the list system of government-priced enterprise-related fees, carry out regular publicity, and accept supervision by enterprises and society. Clear channels for complaints and reports of illegal fees charged by enterprises, establish standardized mechanisms for sharing and transferring clues to departments, comprehensively employ market supervision, industry supervision, credit supervision, and other means to implement joint punishments, and publicly expose typical cases of illegal fees.

5. Strive to promote the high-quality development of the private economy

Guide private enterprises to practice the new development concept, deeply grasp the existing shortcomings and challenges, change the development mode, adjust the industrial structure, transform the growth momentum, stick to the main business, strengthen the industry, and consciously take the road of high-quality development.

(15) Guide the improvement of governance structures and management systems. Support and guide private enterprises to improve their corporate governance structure, standardize shareholder behavior, strengthen internal supervision, achieve standardized governance, effective checks and balances, and operate in compliance, and encourage private enterprises with the capacity to establish and improve a modern enterprise system with Chinese characteristics. Promote the separation of enterprise legal person assets from the personal or family assets of investors in accordance with the law, and clarify the structure of enterprise property rights. Research and establish a risk assessment system and prompt mechanism to give early warning of situations that seriously affect enterprise operations and may cause risks to social stability. Support private enterprises to strengthen risk prevention and management, guide the establishment of a comprehensive risk management system covering enterprise strategy, planning, investment and financing, market operation and other fields, and enhance quality management awareness and capabilities.

(16) Support the enhancement of scientific and technological innovation capabilities. Encourage private enterprises to continue to increase investment in research and development, carry out key core technology research, and actively undertake major national science and technology projects in accordance with regulations in accordance with national strategic needs and industry development trends. Cultivate a number of private science and technology leaders in key industries, specialized and special new small and medium-sized enterprises and SME characteristic industrial clusters with strong innovation capabilities. Increase the intensity of government procurement of innovative products, give play to the role of the first (set) insurance compensation mechanism, and support the iterative application of innovative products of private enterprises. Promote the integration and innovation of enterprises of different ownership systems, large and small enterprises, and carry out joint research on common technologies. Improve the management system and achievement transformation mechanism of colleges and universities and scientific research institutes, mobilize their enthusiasm to support the innovation and development of private small, medium and micro enterprises, and support private enterprises to cooperate with scientific research institutions to establish innovation platforms such as technology research and development centers, industrial research institutes, pilot maturation bases, engineering research centers, and manufacturing innovation centers. Support private enterprises to strengthen basic cutting-edge research and transformation of achievements.

(17) Accelerate digital transformation and technological transformation. Encourage private enterprises to carry out research and development of digital common technologies, and participate in the investment and construction and application innovation of new infrastructure such as data centers and industrial Internet. Support the digital transformation of small and medium-sized enterprises and promote the promotion and application of low-cost, modular intelligent manufacturing equipment and systems. Guide private enterprises to actively promote standardization construction and improve product quality levels. Support private enterprises to increase the green and low-carbon transformation of production processes, equipment and technologies, accelerate the development of flexible manufacturing, improve emergency expansion and production conversion capabilities, and improve the resilience of the industrial chain.

(18) Encourage the enhancement of international competitiveness. Support private enterprises to actively extend to the design and development of core components and high-end finished products based on their own realities; Strengthen brand building and enhance the reputation of "Made in China". Encourage private enterprises to expand overseas business, actively participate in the joint construction of the "Belt and Road", participate in overseas projects in an orderly manner, abide by local laws and regulations and fulfill social responsibilities in the process of going global. Better guide and support private enterprises to prevent and respond to external challenges such as trade protectionism, unilateralism, and "long-arm jurisdiction". Strengthen departmental coordination and cooperation, and establish a coordination mechanism for preventing and resolving risks for the overseas personal and property safety of private economic personnel.

(19) Support participation in major national strategies. Encourage private enterprises to voluntarily and voluntarily improve the level of employees' enjoyment of the fruits of enterprise development by expanding employment absorption and improving the wage distribution system. Support private enterprises to invest in the development of labor-intensive manufacturing, equipment manufacturing and ecological industries in the central and western regions and northeast China, accelerate the development of old revolutionary areas and ethnic areas, and invest in the construction of border areas to promote the rejuvenation of border areas and enrich the people. Support private enterprises to participate in promoting carbon peaking and carbon neutrality, provide carbon reduction technologies and services, increase investment in renewable energy power generation and energy storage, and participate in the trading of carbon emission rights and energy use rights. Support private enterprises to participate in rural revitalization, promote the development of modern planting and breeding by new agricultural management entities and socialized service organizations, develop modern agricultural product processing industries with high quality, develop modern agricultural service industries in accordance with local conditions, expand leisure agriculture, rural tourism and other characteristic industries, and actively participate in the "10,000 enterprises and 10,000 villages" action. Support private enterprises to participate in comprehensively strengthening infrastructure construction, and guide private capital to participate in major projects such as new-type urbanization, transportation and water conservancy, and the construction of short-board fields.

(20) Regulate and guide the healthy development of private capital in accordance with law. Improve the legal system to regulate and guide the healthy development of private capital, set up "traffic lights" for capital, improve the rules of capital behavior system, and focus on launching a number of "green light" investment cases. Comprehensively improve the efficiency of capital governance, improve the capacity of capital supervision and the modernization of the regulatory system. Guide the development of the platform economy in the direction of openness, innovation and empowerment, make up for the shortcomings of development, support platform enterprises to play an important role in job creation, consumption expansion and international competition, and promote the healthy and sustainable development of the platform economy. Encourage private enterprises to concentrate on strengthening and optimizing their main business and enhance their core competitiveness.

6. Promote the healthy growth of people in the private economy

Fully implement the policy of trust, unity, service, guidance and education, use pragmatic measures to stabilize people's hearts, inspire people, unite people's hearts, and guide private economic personnel to carry forward the entrepreneurial spirit.

(21) Complete mechanisms for ideological and political construction of private economic personnel. Actively and steadily do a good job in recruiting party members among representatives and advanced elements of the private economy. Carry out in-depth education on ideals and beliefs and socialist core values. Educate and guide Party members among private economic personnel to strengthen their ideals and beliefs, play a vanguard and exemplary role, and resolutely implement the Party's theories, lines, principles, and policies. Actively explore and innovate the working methods of party building in the private economic field.

(xxii) Cultivate and promote entrepreneurship. Guide private entrepreneurs to enhance patriotism, be brave in innovation, be honest and law-abiding, assume social responsibility, expand their international vision, dare to do things, and constantly stimulate innovation vitality and creative potential. Give play to the demonstration and leading role of outstanding entrepreneurs, increase the intensity of selection and commendation in accordance with regulations, vigorously cultivate entrepreneurial spirit in the private economy, and timely summarize and promote the growth experience of entrepreneurs with Chinese characteristics and in line with the trend of the times.

(23) Strengthen the construction of the contingent of representatives of the private economy. Optimize the structure of the contingent of representatives of the private economy, improve the selection mechanism, take into account different regions, industries and enterprises of different scales, and appropriately tilt towards strategic emerging industries, high-tech industries, advanced manufacturing, modern service industries, modern agriculture and other fields. Standardize political arrangements, improve relevant comprehensive evaluation systems, properly do a good job in recommending outstanding private economic figures as candidates for people's congress deputies at all levels and candidates for CPPCC members, and give play to the role of the Federation of Industry and Commerce as the main channel for the orderly political participation of private economic personnel. Support representatives of the private economy to play a greater role in international economic activities and economic organizations.

(24) Improve the education and training system for private economic personnel. Improve the special training and study seminar mechanism for private economic personnel, and further increase the intensity of education and training. Improve the training system for private small, medium and micro enterprises, and build a multi-field, multi-level, online and offline training system. Strengthen the echelon training of private economic personnel, establish and improve the guidance system for the younger generation of private economic personnel, and promote the handover and orderly inheritance of new and old undertakings.

(25) Comprehensively build pro-Qing government-business relations. In order to implement the establishment of pro-Qing government-business relations, party and government cadres and private entrepreneurs should establish a new type of pro-Qing unified government-business relationship in both directions. Leading cadres at all levels should frankly and sincerely contact and interact with private entrepreneurs, take the initiative to act and serve in the front, solve problems and do practical things for private enterprises and private entrepreneurs in accordance with laws and regulations, guard the bottom line of exchanges, guard against the risk of clean government, and ensure that they are friendly and measured, and clean and effective. Private entrepreneurs should take the initiative to communicate and exchange with party committees, governments and departments at all levels, tell the truth, tell the truth, and make good comments, clean themselves and follow the right path, abide by discipline and law, and conduct business in an upright manner.

7. Continue to create a social atmosphere that cares about promoting the development of the private economy and strengthens the society

Guide and support the private economy to fulfill its social responsibilities, show a good image, better interact with public opinion, and create a good social atmosphere with correct understanding, full respect, and active concern for the private economy.

(26) Guide the whole society to objectively, correctly, and comprehensively understand the private economy and private economic personnel. Strengthen theoretical research and publicity, adhere to seeking truth from facts, objectivity and fairness, grasp the correct guidance of public opinion, guide the society to correctly understand the major contributions and important roles of the private economy, and correctly view the wealth obtained by private economic personnel through legal and compliant operations. Resolutely resist and promptly refute and clarify erroneous remarks and practices that question the basic socialist economic system and negate and weaken the private economy, and respond to and dispel concerns in a timely manner.

(27) Cultivate a public opinion environment that respects innovation and entrepreneurship in the private economy. Strengthen publicity and reporting on the advanced deeds of outstanding entrepreneurs and accelerate the construction of world-class enterprises, condense the positive energy of advocating innovation and entrepreneurship, and enhance the sense of honor and social value of entrepreneurs. Create a public opinion environment and atmosphere of the times that encourages innovation and tolerate failure, and give understanding, tolerance and help to the mistakes and failures of private economic personnel in their legitimate operations. Establish departmental coordination mechanisms, strictly crack down on blackmail and other behaviors such as using negative public opinion as a threat in accordance with the law, complete relevant reporting mechanisms, and reduce the cost of enterprise rights protection.

(28) Support private enterprises to better fulfill their social responsibilities. Education guides private enterprises to consciously assume the social responsibility of promoting common prosperity, actively build harmonious labor relations within the enterprise, promote the construction of a community of interests of all employees, and make the development results of the enterprise more equitable and benefit all employees. Encourage and guide private economic personnel to be doers of development and devotees of the new era, realize personal value at a higher level, show the whole society a good image of abiding by law and discipline and social morality, and be rich and responsible, rich and righteous, rich and loving. Explore the establishment of a private enterprise social responsibility evaluation system and incentive mechanism, guide private enterprises to actively participate in glorious undertakings and public welfare and philanthropy, participate in emergency disaster response, and support national defense construction.

8. Strengthen organizational implementation

(29) Upholding and strengthening the Party's leadership. Adhere to the centralized and unified leadership of the Party Central Committee over the work of the private economy, and implement the Party's leadership in all aspects of the entire process of work. Adhere to the correct political direction, establish and improve the working mechanism for the development of the private economy and private enterprises, clarify and consolidate the responsibilities of departments, strengthen coordination and cooperation, and strengthen the linkage between the central and local governments. Support the Federation of Industry and Commerce to play a better role in promoting the healthy development of the private economy and the healthy growth of private economic personnel.

(30) Improve the implementation of incentive and constraint mechanisms. Strengthen the supervision and implementation of the policies that have been introduced, focus on promoting the development and growth of the private economy, the protection of property rights, the promotion of entrepreneurship and other policies, and improve the evaluation and supervision system. Establish and complete platforms for private economic complaints and rights protection, improving confidentiality systems, handling procedures, and supervision and assessment mechanisms for complaints and reports.

(31) Make a timely summary assessment. In the assessment of consistency with macro policy orientation, special assessment and review of private economic policies are carried out. Improve China's business environment assessment system, and improve the third-party evaluation mechanism for the effect of policy implementation. Strengthen the statistical monitoring and evaluation of the private economy, and when necessary, research and compile a unified and standardized index of the development of the private economy. Constantly innovate and develop the "Jinjiang experience", timely summarize and popularize good experiences and practices in various places, and solidify effective experiences and practices in appropriate forms.

Source: Xinhua News Agency

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