In order to implement the major decisions and arrangements of the CPC Central Committee and the State Council on promoting high-quality development and building a market-oriented, law-based, and international first-class business environment, further promote the construction of a unified national market, promote the healthy development of the private economy, and supervise the resolution of outstanding problems affecting the construction of the business environment, the State Council's "Internet + Supervision" platform will collect clues and opinions and suggestions from the society in five aspects from now on:
The first is the problem clues that hinder market access and exit.
1. Restrict the entry of non-local business entities. Relevant localities and units have set unreasonable conditions in the form of filing, registration, annual inspection, designation, or the establishment of branches, and have raised the entry threshold for non-local business entities.
2. Set up unreasonable business barriers. Relevant localities and units exclude or restrict business entities from participating in bidding and bidding, government procurement, and other activities on the basis of conditions such as place of registration, ownership, and organizational form.
3. Limit market exits. In order to unilaterally pursue the growth of the number of business entities in the region, or to conscientiously implement the "one-stop service" system for enterprise deregistration, it is difficult for enterprises to deregister.
The second is the clues to the problems that hinder fair competition in the market.
1. Abuse of administrative power to eliminate or restrict competition. Relevant localities and units use administrative orders, administrative authorizations, administrative guidance, or other means, or through industry associations and chambers of commerce, to compel, organize, or guide business operators to enter into monopoly agreements, abuse their dominant market position, or carry out other acts that eliminate or restrict competition.
2. Implement local protection. Relevant localities and units adopt discriminatory measures against foreign and imported goods and services, implement various preferential policies for local protection, and impose discriminatory treatment on local investment or branches established by non-local business operators.
3. Taking advantage of a dominant position to carry out unfair competition. Relevant state-owned enterprises and large enterprises abuse their dominant market position and obstruct private enterprises, small and medium-sized enterprises, and other business entities from participating in market competition fairly.
4. Restrictions on business operations and designated transactions. Relevant localities and units illegally set up franchise rights or grant franchise rights to business operators without fair competition, restricting the operation, purchase, and use of goods and services provided by specific business operators.
The third is the clues to the problems that affect government services and administrative efficiency.
1. Government services are inconvenient. The government service hotline is not efficient, the complaint and suggestion mechanism is not perfect, and the key matters and requirements of "doing one thing efficiently" are not conscientiously implemented.
2. Government services are not standardized. Relevant localities and units have added additional and disguised handling links and application materials in the examination and approval process, and the systems of first question responsibility, one-time notification and time-limited completion are not in place.
3. Government data is not shared. Relevant localities and units are not connected to each other's systems, data is difficult to share, electronic license data sharing and application is not in place, physical licenses or paper materials are still required for data sharing and verification matters, credit information is not connected between different credit management platforms, and the progress of credit restoration is inconsistent.
4. Non-standard law enforcement inspections. The law enforcement inspections of the localities and units concerned lack reasonable overall arrangements, are excessively frequent, are simple and rude, and are unusually light and heavy, affecting the normal production and operation of enterprises; and the relevant staff members take the opportunity to take advantage of the situation and seek personal gains.
5. The communication between government and enterprises is not in place. The relevant local and unit policies were not fully listened to and absorbed before the introduction of enterprises, the publicity and interpretation and public opinion guidance were not enough after the introduction, the policy adjustment and implementation were "one-size-fits-all" and "sharp turns", the government and enterprises lacked a normalized communication and exchange mechanism, and the construction of pro-Qing political and business relations was not in place.
Fourth, there are clues to the problems of infringing on the legitimate rights and interests of business entities.
1. The government does not fulfill its promises. The localities and units concerned have made involution in attracting investment, ignoring the actual preferential policies, but delaying and refusing to honor them under various pretexts; they have defaulted on the accounts of enterprises without any differences.
2. Interfering with business operations in violation of regulations. Relevant localities and units have interfered in economic disputes in violation of regulations, sealed, seized, and frozen assets beyond their authority, scope, amount, or time limit, arbitrarily restricted the freedom of private entrepreneurs, and affected the lawful production and operation of private enterprises.
3. Industry associations and chambers of commerce charge indiscriminately. Relevant associations and chambers of commerce are compelled to join and collect fees, or rely on administrative influence to collect fees, or collect fees in violation of regulations through evaluation and commendation, professional qualification recognition, etc.
4. Intermediary service agencies charge indiscriminately. Intermediary institutions engaged in inspection, testing, evaluation, certification, appraisal, notarization and other businesses, monopoly operation, compulsory services, unreasonable fees, etc.
5. Intellectual property protection is not in place. Relevant localities and units have not implemented the punitive damages system for intellectual property infringement, the mechanism for rapid handling of intellectual property infringement and administrative non-litigation enforcement, and the examination of trademark applications by business entities has been slow.
Fifth, there are clues to the problems that affect the expansion of opening up.
1. Customs clearance service is inconvenient. The relevant localities and units have insufficient coordination and cooperation in port inspection, supervision and law enforcement, and low work efficiency, resulting in low efficiency of customs clearance at border ports and affecting the import and export trade of enterprises.
2. Implement discriminatory measures against foreign-funded enterprises. Except as expressly provided by laws and regulations or in areas related to national security, relevant localities and units exclude or discriminate against foreign-invested enterprises and their products and services by restricting brands or using foreign-funded brands as an excuse, and set additional conditions for foreign-invested enterprises and their products and services to enjoy policies.
At the same time, it solicits opinions and suggestions on the government's construction of a market-oriented, law-based, and international first-class business environment.
The Supervision Office of the General Office of the State Council will summarize and sort out the clues and opinions and suggestions received, and urge the relevant localities and departments to study and deal with them in a timely manner. For the clues of important problems that are strongly reflected by business entities and the masses, and are universal and typical, the Supervision Office of the General Office of the State Council will directly send personnel to supervise and inspect. If it is verified to be true, it will be severely dealt with in accordance with laws and regulations.
Supervision Office of the General Office of the State Council
February 1, 2024
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Click on the link to view details→ Announcement on Soliciting Clues on Issues Affecting the Construction of the Business Environment__Chinese Government Network
Source: Chinese government website