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Notice of the National Development and Reform Commission, the Ministry of Finance, and the Approval Reform Office of the State Council on Strengthening the Supervision of Charges for Intermediary Services for Administrative Examination and Approval [Effective]
国家发展改革委、财政部、国务院审改办关于加强行政审批中介服务收费监管的通知 [现行有效]
【法宝引证码】

Notice of the National Development and Reform Commission, the Ministry of Finance, and the Approval Reform Office of the State Council on Strengthening the Supervision of Charges for Intermediary Services for Administrative Examination and Approval 

国家发展改革委、财政部、国务院审改办关于加强行政审批中介服务收费监管的通知

(No. 2404 [2015] of the National Development and Reform Commission) (发改价格[2015]2404号)

The development and reform commissions, price bureaus, public finance departments (bureaus), offices of public sectors reform (approval reform offices) of all provinces, autonomous regions, and municipalities directly under the Central Government: 各省、自治区、直辖市发展改革委、物价局,财政厅(局)、编办(审改办):
For the purpose of implementing the requirements of the Notice of the General Office of the State Council on Reviewing and Regulating the Intermediary Services for Administrative Examination and Approval of Departments of the State Council (No. 31 [2015], General Office of the State Council), strengthening the supervision of intermediary service charges, optimizing services, regulating the act of charging fees for intermediary services, stimulating market vitality, and promoting the sound development of the intermediary service industry, you are hereby notified of the following issues on strengthening the supervision of the charges for intermediary services for administrative examination and approval: 为贯彻落实《国务院办公厅关于清理规范国务院部门行政审批中介服务的通知》(国办发[2015]31号)要求,加强中介服务收费监管,优化服务,规范中介服务收费行为,激发市场活力,促进中介服务业健康发展,现就加强行政审批中介服务收费监管的有关问题通知如下:
I. Comprehensively reviewing and regulating the charges for intermediary services for administrative examination and approval   一、全面清理规范行政审批中介服务收费
Intermediary services for administrative examination and approval means the paid services provided by enterprises, public institutions, social organizations, and other institutions (hereinafter collectively referred to as “intermediary service institutions”) upon commission of applicants as a prerequisite for the acceptance of applications for administrative examination and approval, as required by government departments at all levels in carrying out administrative examination and approval, including all categories of technical review, demonstration, assessment, evaluation, inspection, detection, authentication, identification, certification, consulting, and testing, among others. All localities shall, in combination with the review of the intermediary service items for administrative examination and approval by the approval reform departments, comprehensively review the charges for intermediary services for administrative examination and approval. The approval authorities shall not set up intermediary services and charge fees for items that are able to be resolved through soliciting the opinions of relevant departments and strengthening interim and ex post regulation, or are able to be independently completed by the applicants as required; shall not transform the administrative approval items that exist currently or have been cancelled into intermediary services and charge fees; and shall be strictly prohibited from increasing charging standards in disguised form through separating charging items, collecting fees in a repeated manner, expanding the charging scope, and reducing service content, among others, and be strictly prohibited from colluding with each other to manipulate the market prices of intermediary services. 行政审批中介服务事项是指各级政府部门开展行政审批时,要求申请人委托企业、事业单位、社会组织等机构(以下统称中介服务机构)开展的作为行政审批受理条件的有偿服务,包括各类技术审查、论证、评估、评价、检验、检测、鉴证、鉴定、证明、咨询、试验等。各地要结合审改部门对行政审批中介服务事项的清理,全面清理规范行政审批中介服务收费。审批部门能够通过征求相关部门意见、加强事中事后监管解决以及申请人可按要求自行完成的事项,一律不得设定中介服务并收费;现有或已取消的行政审批事项,一律不得转为中介服务并收费;严禁通过分解收费项目、重复收取费用、扩大收费范围、减少服务内容等变相提高收费标准,严禁相互串通、操纵中介服务市场价格。
II. Promoting market-oriented reform of charges for intermediary services for administrative examination and approval   二、推进行政审批中介服务收费市场化改革
With relaxed restrictions on the access of institutions providing intermediary services for administrative examination and approval and further opening of the intermediary service market, monopolized provision of most intermediary services will be terminated. Competent price departments across the country shall, by taking this opportunity and in light of local actual circumstances, constantly promote market-oriented reform of charges for intermediary services for administrative examination and approval. The price supervision method with market-adjusted pricing as the principal and government pricing as the supplement shall be implemented for charges for intermediary services for administrative examination and approval. Most intermediary services for administrative examination and approval featuring mature market development, sound pricing mechanism, and sufficient and normative competition shall be subject to market-adjusted pricing, to minimize the scope of government pricing, fully maximize the decisive role of the market in allocation of resources, and prevent governments' inappropriate interference. 随着行政审批中介服务机构准入条件的放宽和中介服务市场的进一步开放,大部分中介服务垄断经营的局面将被打破。各地价格主管部门要以此为契机,结合本地实际情况,不断推进行政审批中介服务收费市场化改革,行政审批中介服务收费应实行以市场调节价为主、政府定价为辅的价格监管方式。对于绝大多数市场发育成熟、价格形成机制健全、竞争充分规范的行政审批中介服务,一律通过市场调节价格,最大限度地缩小政府定价范围,充分发挥市场配置资源的决定作用,政府不进行不当干预。
III. Strictly setting up items of intermediary services for administrative examination and approval subject to government pricing or administration of administrative charges   三、从严设立政府定价或纳入行政事业性收费管理的行政审批中介服务收费项目
Where local approval reform departments have completed the work of review and clarified the intermediary service items to be retained as conditions for acceptance of applications for administrative examination and approval, competent price departments shall, under the principles of strict review and strict control, set up charging items subject to government pricing administration for very few definitely necessary intermediary services for administrative examination and approval that are strongly monopolized and in respect of which sufficient competition is unable to be formed within a short time, and incorporate them into the catalogue of government pricing. Where public institutions provide intermediary services for administrative examination and approval, provincial financial departments shall, in conjunction with competent price departments, incorporate the said charges into the administration of administrative charges, and separate revenues from expenditures. After public institutions providing intermediary services are completely disconnected with the approval departments and complete transformation into enterprises, their charges shall be administrated as operating service charges. The examination and approval departments of governments at all levels that authorize the provision of technical services during the approval process shall, through a competitive manner, choose service institutions. The service expenses shall be paid by the examination and approval departments and incorporated into departmental budget.
......
 地方审改部门已完成清理规范工作并明确了保留为行政审批受理条件中介服务事项的,价格主管部门要对确有必要的极少数垄断性较强、短期内无法形成充分竞争的行政审批中介服务,按照从严审核、从严控制的原则,设立实行政府定价管理的收费项目,并纳入政府定价目录。对事业单位提供行政审批中介服务的,省级财政部门会同价格主管部门将其收费纳入行政事业性收费管理,实行“收支两条线”。提供中介服务的事业单位与审批部门彻底脱钩、实行转企改制后,其收费作为经营服务性收费管理。各级政府审批部门在审批过程中委托开展的技术性服务活动,必须通过竞争方式选择服务机构,服务费用一律由审批部门支付并纳入部门预算。
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