On November 4, the Zhongshan Municipal People's Government held a press conference to report on the effectiveness and progress of Zhongshan's inclusive and prudent administrative law enforcement work in various fields, and to respond to social concerns on the exemption list, exemption list, and inspection exemption list involved in the work. Since 2019, Zhongshan has accelerated the establishment of a business environment that is rule-of-law, internationalized and convenient according to the best and optimal standards, and the city's administrative law enforcement departments have explored the development of service-oriented inclusive and prudent law enforcement. In the past two years, the city has handled more than 4,500 cases of exemption from punishment, and more than 300 enterprises have been exempted from punishment for minor violations, demonstrating the strength and temperature of Zhongshan in creating a fair and civilized law enforcement environment.
Municipal Bureau of Justice:
The area of the "exemption list" will be further expanded
Wang Yuefei, director of the Municipal Bureau of Justice, introduced that on the basis of exploring service-oriented administrative law enforcement work, all administrative law enforcement departments in Zhongshan combined with the work in different law enforcement fields, balanced the "strength" of law enforcement and the "temperature" of law enforcement, and comprehensively sorted out the list of inclusive and prudent law enforcement in this field. At present, Zhongshan has published five types of list items, including: the list of exemptions from administrative penalties for three types of violations of the law, the first violation and the no-fault violation, and the implementation of a total of 109 exemptions; for those who actively eliminate or mitigate the harmful consequences of illegal acts, non-active violations, and cooperate with law enforcement departments to investigate and deal with the application of the list of mitigating penalties.
"In addition to the exemption list, there is also a checklist, which reduces the disturbance to the normal production of enterprises by including honest and law-abiding enterprises in the positive list to reduce the frequency of inspections or change the on-site inspection method to off-site inspection." For example, if the Bureau of Ecology and Environment includes 392 enterprises in the positive list, the Commerce Bureau will implement exemptions from administrative inspections and reduce the frequency of administrative inspections for market entities and industry sectors that meet specific conditions. Wang Yuefei introduced.
Since the implementation of the inclusive and prudent law enforcement list, the city has handled more than 4,500 cases of exemption from punishment, and more than 300 enterprises have been exempted from punishment for minor violations, effectively reducing the negative impact on the integrity of enterprises and fully recognized by enterprises. Next, Zhongshan will focus on launching an inclusive and prudent law enforcement list in the fields of culture, radio and television tourism, natural resources, water affairs, and judicial administration; focus on exploring and carrying out off-site law enforcement work, and establish a discretionary management list in combination with the "two platforms" of municipal administrative law enforcement; comprehensively sort out and compile various administrative documents on the business environment that are currently effective in Zhongshan, combine the practice of service-oriented inclusive and prudent law enforcement, explore the formation of institutional documents, and comprehensively fix the results of inclusive and prudent law enforcement work. Promote the rule of law business environment with inclusive and prudent law enforcement and help enterprises develop with high quality.
Municipal Market Supervision Bureau:
The new exemption list adds 5 more cases of non-punishment
Lin Zhicheng, deputy director of the Municipal Market Supervision and Administration Bureau, introduced that at the end of 2019, the Municipal Market Supervision and Administration Bureau issued the city's first list of exemptions from punishment, and through the establishment of a fault-tolerant and error-correcting mechanism, 27 kinds of minor illegal acts that do not directly affect the public interest, do not directly harm the interests of specific people, do not produce actual harmful consequences or have minor harmful consequences, violate the law for the first time, and can be corrected in a timely manner, through the flexible law enforcement methods such as ordering corrections, administrative warnings, interviews, and guidance, are exempted from administrative punishment. The types of exemptions include five categories, including license management, advertising, and commodity identification.
"For example, during the COVID-19 epidemic last year, an enterprise in Zhongshan published an illegal advertisement containing 'superlative' terms in its residence, but considering that the parties violated the law for the first time, the illegal behavior lasted a short time, was only published in their residence, and corrected in a timely manner after the incident, without causing harmful consequences, we comprehensively considered the nature and impact of the act and decided not to impose administrative penalties." Through ordering corrections and education and guidance, the company said that it will strengthen the study of laws and regulations and operate legally and compliantly. Lin Zhicheng introduced that since the implementation of the list, the city's market supervision field has exempted 343 administrative punishment cases.
This year, the Municipal Market Supervision Bureau revised the exemption list and officially implemented it on November 1. According to reports, in this revision, the new "beyond the scope of business to engage in non-licensed business activities", "real estate pre-sale sales advertising", "advertising industry statistical reports", "e-commerce information publicity", "patent logo" and other related non-punishment situations, will create a more good and relaxed business environment for market entities.
Municipal Taxation Bureau:
10 types of matters "first violation without penalty", 7,000 taxpayers have benefited
Lin Hao, deputy director of the Municipal Taxation Bureau, said that on April 1 this year, the "List of Matters Concerning the Administrative Punishment of TaxAtion "First Violation and No Penalty" formulated by the State Administration of Taxation was officially implemented, which listed 10 kinds of matters that apply to the "first violation and no penalty", covering multiple types and common minor tax violations such as overdue declarations, failure to set up account books in accordance with regulations, and the use of invoices instead of invoices with other vouchers.
"For taxpayers and withholding agents who meet the conditions for the first time the matters listed in the list, the tax authorities will apply the 'first violation without penalty', and only strengthen the publicity and counseling of the tax law for taxpayers and withholding agents, and will not impose administrative penalties." Lin Hao introduced that the "eligibility conditions" must meet the following three conditions at the same time: first, the taxpayer and withholding agent first occurred the matters listed in the list, second, the harmful consequences were slight, and third, they took the initiative to correct before the tax authorities discovered them or within the time limit ordered by the tax authorities to make corrections within a time limit.
For taxpayers and withholding agents who have the items listed in the list and meet the above three conditions, the tax authorities shall apply the "first violation without penalty" and give them the opportunity to correct the tax violations in a timely manner. However, if the taxpayer or withholding agent recurs the tax violations listed in the list, the tax authorities will give corresponding tax administrative penalties in strict accordance with the provisions of laws, administrative regulations, etc. According to statistics, as of October, more than 7,000 taxpayers in Zhongshan have benefited, effectively guiding taxpayers to take the initiative to correct minor tax-related violations in a timely manner, reducing the negative impact on their market operations, and promoting the "double improvement" of market entities' tax law compliance and satisfaction.
Municipal Transportation Bureau:
Where the illegal conduct is minor, administrative compulsion may be waived
Among the lists issued by the law enforcement departments in Zhongshan, the "exemption from administrative compulsory list of illegal acts with obvious minor circumstances or no obvious social harm" issued by the Municipal Transportation Bureau also attracted attention. Liao Peng, deputy director of the Municipal Transportation Bureau, introduced that through the exemption from compulsory behavior, on the one hand, it is possible to reduce or reduce penalties or late fees, reduce the expenditure of market entities, and effectively reduce the burden of transportation enterprises and other production and operation entities. At the same time, the parties voluntarily pay fines, in addition to reducing or waiving the fines, they can also exempt the production and operation problems caused by compulsory enforcement by the judicial organs, and minimize the interference with the production and operation of market entities. "Of course, what needs to be explained here is that in either case, the principal of the fine must be paid."
【Source: Zhongshan Daily】
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