| Notice of the State Council on Issuing the Plan for Market Regulation during the 13th Five-Year Plan Period | | 国务院关于印发“十三五”市场监管规划的通知 |
| (No. 6 [2017] of the State Council) | | （国发〔2017〕6号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| The Plan for Market Regulation during the 13th Five-Year Plan Period is hereby issued to you for your conscientious implementation. | | 现将《“十三五”市场监管规划》印发给你们，请认真贯彻执行。 |
| State Council | | 国务院 |
| January 12, 2017 | | 2017年1月12日 |
| Plan for Market Regulation during the Period Covered by the 13th Five-Year Plan | | “十三五”市场监管规划 |
| The 13th Five-Year Plan period is a decisive stage in accomplishing the building of a moderately prosperous society in all respects and a key period of China's economic transformation and system improvement. Strengthening and improving market regulation is an important direction of the transformation of governmental functions, a significant guarantee to maintain fair market competition and fully spark market vigor and creativity, and a major task for the modernization of the national governance system and capacity. This Plan, as a comprehensive, basic and strategic plan for market regulation, emphasizes the objectives of maintaining a national unified large market, safeguarding fair market competition and protecting consumer rights and interests, subject market order and environment to comprehensive regulation, provide market regulation with a well-defined framework, offer market participants a clear signal and stable expectation, and develop a market regulation pattern featuring division of labor, cooperation, complementary advantages and mutual promotion between comprehensive regulation and specialized regulation in industries and fields and coordinated social regulation. | | “十三五”时期，是全面建成小康社会决胜阶段，是我国经济转型和体制完善的关键时期。加强和改善市场监管，是政府职能转变的重要方向，是维护市场公平竞争、充分激发市场活力和创造力的重要保障，是国家治理体系和治理能力现代化的重要任务。本规划是市场监管的综合性、基础性和战略性规划，强调从维护全国统一大市场出发，从维护市场公平竞争出发，从维护广大消费者权益出发，对市场秩序、市场环境进行综合监管，为市场监管提供一个明确的框架，给广大市场主体一个清晰的信号和稳定的预期，形成综合监管与行业领域专业监管、社会协同监管分工协作、优势互补、相互促进的市场监管格局。 |
| Chapter I Context of Plan Compilation | | 第一章 规划编制背景 |
| I. Achievements and problems in market regulation | | 一、市场监管的成效与问题 |
| Since the 12th Five-Year Plan period, especially the 18th National Congress of the Communist Party of China ("CPC"), the CPC Central Committee and the State Council has attached great importance to market regulation and expressly made market regulation an important function of the government. All regions and all departments have, according to the arrangements for and the reform featured by streamlining administrative procedures, delegating powers to lower levels, combining decentralization with control, and optimizing services, with the reform of the business system as a breakthrough, made significant achievements in the reform and innovation of market regulation and promoted entrepreneurship and innovation among all the people. | | “十二五”时期特别是党的十八大以来，党中央、国务院高度重视市场监管工作，明确把市场监管作为政府的重要职能。各地区、各部门按照简政放权、放管结合、优化服务改革部署，以商事制度改革为突破口，市场监管改革创新取得显著成效，促进了大众创业、万众创新。 |
| Breakthroughs have been made in the reform of the business system. Based on the difficulties confronting people in investment and starting up businesses, government functions were transformed, administrative approval was reduced and the reform of "business licenses before government permits" and the industrial and commercial registration system was vigorously advanced. The contributed capital system of registered capital was shifted to the subscription registration system so as to lower the fund threshold for establishing enterprises. The enterprise annual inspection system was changed to annual report publication system so as to raise the enterprises' awareness of responsibility and credit. The registration of domiciles (places of business) of market participants was simplified so as to release existing domicile resources. Name registration was reformed, and electronic business licenses and whole-process electronic registration administration were advanced so as to improve service efficiency. The reform of "five in one and one code for one license" was implemented to promote the integration of relevant licenses and certificates. The number of market participants has expanded so rapidly that China has become a country with the largest number of market participants in the world. | | 商事制度改革取得突破性进展。针对百姓投资创业面临的难点问题，转变政府职能，减少行政审批，大力推进“先照后证”和工商登记制度改革。将注册资本实缴制改为认缴登记制，降低创办企业的资金门槛。将企业年检制改为年报公示制，增强了企业责任意识、信用意识。简化市场主体住所（经营场所）登记，释放住所存量资源。开展名称登记改革，推进电子营业执照和全程电子化登记管理，提高服务效率。实施“五证合一、一照一码”改革，推动相关证照整合。市场主体数量快速增长，我国成为世界上拥有市场主体数量最多的国家。 |
| A new market regulation mechanism has been gradually established. Advance approval was simplified, interim and ex-post supervision was tightened, and a new market regulation mode is being explored. A new type of regulation mechanism with credit as its focus was established to enhance the self-regulation function of enterprises. An enterprise information publication system, abnormal business list system and serious illegal and dishonest enterprise list system were built, the supervision was carried out through “two randoms and one public” approach, i.e., inspections of randomly selected entities by randomly selected inspectors and the public release of inspection results was implemented, an information sharing and joint punishment mechanism among government departments relying on the national credit information sharing platform was established, and the national enterprise credit information disclosure system and the "Credit China" website were developed. Through the credit supervision mechanism, information transparency was improved, risks to market transactions were lowered, the cost of government supervision was cut, and economic operation efficiency was raised. | | 市场监管新机制逐步建立。精简事前审批，加强事中事后监管，探索市场监管新模式。建立以信用为核心的新型监管机制，强化企业自我约束功能。建立企业信息公示制度、经营异常名录制度和严重违法失信企业名单制度，实施“双随机、一公开”监管，依托全国信用信息共享平台建立政府部门之间信息共享与联合惩戒机制，建设国家企业信用信息公示系统和“信用中国”网站。通过信用监管机制，提高信息透明度，降低市场交易风险，减少政府监管成本，提高经济运行效率。 |
| Preliminary achievements have been made in the reform of the market regulation system. In light of the problems such as overlapped duties and powers and law enforcement by multiple departments, the reform of the administrative law enforcement system was advanced, law enforcers were integrated, the power of law enforcement was relatively centralized, and comprehensive law enforcement was advanced. All regions vigorously explored the reform of comprehensive law enforcement, optimized law enforcement resources, joined regulation forces and improved the efficiency of basic-level regulation. In addition, the principle of "those responsible for approval are responsible for regulation, and those in charge are responsible for regulation" was determined, and the regulation responsibility of competent industry departments were specified. | | 市场监管体制改革取得初步成效。针对权责交叉、多头执法等问题，推进行政执法体制改革，整合执法主体，相对集中执法权，推进综合执法。各地积极探索综合执法改革，优化执法资源，形成监管合力，提高基层监管效率。同时，确定了“谁审批、谁监管，谁主管、谁监管”的原则，明确了行业主管部门的监管职责。 |
| The system of market regulation laws and regulations has been gradually improved. According to the requirements of the comprehensive rule of law and the development of a government by law, the legal construction of market regulation was enhanced. The Company Law, the Law on the Protection of Consumer Rights and Interests, the Special Equipment Safety Law, the Trademark Law and the Advertising Law, among others, were developed or revised, a relatively complete system of market regulation laws and regulations was basically formed, and the capacity to use legal thinking and legal method to tighten market regulation was constantly improved. | | 市场监管法律法规体系逐步完善。按照全面依法治国、建设法治政府的要求，加强市场监管法治建设。制修订公司法、消费者权益保护法、特种设备安全法、商标法、广告法等，基本形成比较完备的市场监管法律法规体系，运用法治思维和法治方式加强市场监管的能力不断提升。 |
| The market order and environment have been constantly improved. The primary responsibility of producers and entrepreneurs was enhanced, the production, business operations and transaction acts were regulated in accordance with the law, quality standards management was strengthened, and the pass rates in the regulation and random product quality inspections were constantly raised. The supervision of the quality and safety of consumer goods, foods and drugs was tightened, and the whole-process management of consumer goods from production and circulation was realized. The consumption environment was constantly improved, and the protection of consumer rights and interests was raised to a new level. The China Consumers Association and various consumers' societies and organizations have been developed as an important force to protect consumer rights and interests. The competition law enforcement was improved and enhanced, anti-monopoly and anti-unfair competition law enforcement was strengthened, the supervision of market pricing acts and of the network markets, e-commerce and other new fields were tightened, supervision and inspection were vigorously conducted, pyramid schemes were clamped down, direct selling was regulated, infringements upon intellectual property rights and production and sale of counterfeit and inferior products were cracked down upon, the quality of products and services were constantly improved, and the market and economic order was further bettered. | | 市场秩序和市场环境不断改善。强化生产经营者主体责任，依法规范生产、经营、交易行为，加强质量标准管理，产品质量监督抽查合格率不断提高。加强消费品、食品药品质量安全监管，对消费品实现从生产到流通的全过程管理。消费环境不断改善，消费者权益保护迈上新台阶。中国消费者协会和各类消协组织不断发展，成为维护消费者权益的重要力量。改进和加强竞争执法，加大反垄断和反不正当竞争执法力度，加强市场价格行为监管，加强网络市场、电子商务等新领域监管，积极开展监督检查，打击传销和规范直销，打击侵犯知识产权、制售假冒伪劣商品的行为，产品和服务质量不断提升，市场经济秩序进一步好转。 |
| Currently, China witnesses a process of economic transformation and system improvement. Notwithstanding the outstanding achievements in market regulation, there are some conflicts and problems in the market order and environment, mainly including: Counterfeit and shoddy goods, false advertising, piracy and torts, price-related violations, food and drug safety and other problems frequently occur, enterprises' awareness of their primary responsibilities is weak, and it is hard for consumers to protect their rights; insufficient market competition and excessive competition co-exist, monopoly and unfair competition acts take place occasionally, and especially the problems such as industry monopoly, regional protectionism and market segmentation are relatively prominent; the market credit system is incomplete, the awareness of credit is weak, and various dishonest acts are relatively pervasive; industrial associations and intermediary organizations insufficiently play a regulating and restricting role, there is a lack of public supervision, and social joint governance is ineffectively advanced; there are still many administrative approvals, many treadstones and complex procedures for people to make investment and establish businesses, and high market access thresholds; and governmental functions have been ineffectively transformed, and the market regulation systems and mechanisms fail to adapt to the need of economic development, among others. Those problems have affected the role played by the market mechanism, the optimized resource allocation and the sound development of China's economy. | | 当前我国正处于经济转型和体制完善的过程中，虽然市场监管取得突出成效，但市场秩序、市场环境还存在一些矛盾和问题。主要是，假冒伪劣、虚假宣传、盗版侵权、价格违法行为和食品药品安全等问题多发，企业的主体责任意识不强，消费者维权难；市场竞争不充分与过度竞争并存，垄断现象与不正当竞争行为时有发生，尤其是行业垄断、地方保护、市场分割等问题比较突出；市场信用体系不健全，信用意识淡薄，各种失信行为比较普遍；行业协会、中介组织监督和约束作用发挥不够，公众监督比较缺乏，推进社会共治不足；行政审批仍较多，百姓投资创业的环节多、程序复杂，市场准入门槛较高；政府职能转变不到位，市场监管体制机制不适应经济发展的需要等。这些问题，影响着市场机制作用的发挥，影响着资源的优化配置，影响着我国经济的健康发展。 |
| II. The significance of strengthening and improving market regulation | | 二、加强和改善市场监管的重要意义 |
| It is significant to strengthen and improve market regulation in the important period of adjustment of global economic pattern and reshaping of competitive edge and the key period of China's economic transformation and system improvement. | | 在全球经济格局调整和竞争优势重塑的重要时期，在我国经济转型和体制完善的关键时期，加强和改善市场监管具有重要意义。 |
| Strengthening and improving market regulation is an urgent need to improve the socialist market economy system. Though China's socialist market economy system has been preliminarily established, there are still many problems, mainly including: the market order is unregulated, and acquiring economic interests by improper means is pervasive; the development of the markets of factors of production is laggard, and idle factors exist alongside unsatisfied strong effective demand; the market rules are not unified, and departmental and regional protectionism is common; and insufficient market competition obstructs survival of the fittest and structure adjustment, among others. If those problems are not solved, it will be difficult for a complete socialist market economy system to form. Strengthening and improving market regulation is urgently needed to remove various barriers restricting system improvement. | | 加强和改善市场监管，是完善社会主义市场经济体制的迫切需要。我国社会主义市场经济体制已经初步建立，但仍存在不少问题。主要是，市场秩序不规范，以不正当手段谋取经济利益的现象广泛存在；生产要素市场发展滞后，要素闲置和大量有效需求得不到满足并存；市场规则不统一，部门和地方保护主义大量存在；市场竞争不充分，阻碍优胜劣汰和结构调整；等等。这些问题不解决，完善的社会主义市场经济体制难以形成，迫切需要加强和改善市场监管，破除制约体制完善的各种障碍。 |
| Strengthening and improving market regulation is urgently required by the acceleration of transformation of governmental functions. The key to ensure that the market plays a decisive role in allocating resources and the government plays a better role is, according to the market-oriented reform direction, to deepen the reform of the administrative system, transform government functions and innovate the government administration. The government shall be shifted from a development maker to a development motivator, strengthen market regulation, and create a market environment of fair competition. Currently, as the tasks of market regulation become more and more challenging, the prosperity and development of the market economy shall be maintained through scientific and efficient market regulation, which is an objective requirement of modernizing the national governance system and capacity, and an important direction for effectively performing government functions under the conditions of market economy. | | 加强和改善市场监管，是加快政府职能转变的迫切需要。发挥市场配置资源的决定性作用和更好发挥政府作用，关键要按照市场化改革方向，深化行政体制改革，转变政府职能，创新政府管理。政府要从发展的主体转为推动发展的主体，加强市场监管，营造公平竞争的市场环境。目前，市场监管的任务越来越重，要通过科学高效的市场监管，维护市场经济的繁荣发展，这是国家治理体系和治理能力现代化的客观要求，是市场经济条件下履行好政府职能的重要方向。 |
| Strengthening and improving market regulation is urgently required by the advancement of the supply-side structural reform. Strengthening and improving market regulation and fully mobilizing the forces of the market are urgently needed to effectively resolve the issue of excess production capacity, remove "zombie enterprises," cultivating new industries and momentum, etc. Only when the various counterfeit and shoddy goods and infringements upon enterprise rights and interests are cracked down upon can the market space be evacuated for the development of good-faith enterprises. Only when survival of the fittest is promoted and a "zombie enterprise" exit mechanism is developed can the exhaustion of social resources be reduced and industrial transformation and upgrading be promoted. Only when competition is encouraged and the market environment favorable to entrepreneurship and innovation among all the people is created can new vigor be provided to economic development. Only when the policies and institutional arrangements distorting market competition are reformed, and regional protectionism and administrative monopoly are eliminated can the advantages and potentials of China's large, unified market be fully used. | | 加强和改善市场监管，是推进供给侧结构性改革的迫切需要。落实好化解过剩产能、淘汰“僵尸企业”、培育新产业新动能等一系列任务，迫切需要加强和改善市场监管，充分发挥市场的力量。只有打击各种假冒伪劣、侵害企业权益行为，才能为诚信企业的发展腾出市场空间。只有促进优胜劣汰，形成“僵尸企业”退出机制，才能减少社会资源消耗，促进产业转型升级。只有鼓励竞争，形成有利于大众创业、万众创新的市场环境，才能为经济发展提供新活力。只有改革扭曲市场竞争的政策和制度安排，消除地方保护和行政垄断，才能充分发挥我国统一大市场的优势和潜力。 |
| Strengthening and improving market regulation is the pressing demand of adapting to the new trends in science and technology revolution and industry transformation. The new round of science and technology revolution and industry transformation represented by big data and cloud computing, among others, have promoted the cross-time and -space and cross-field integration of technology, resources, industries and markets. New industries, business types and modes which constantly spring up, such as network economy, sharing economy, makerspace and online and offline interactions are game changers to many traditional production and operation modes and consumption modes, and bring new requirements and challenges to market regulation. As the market economy is thriving, market regulation shall keep pace with the times and blaze new trails in a pioneering spirit, new market regulation mechanisms shall be constantly explored so as to better adapt to the need of development and changes. | | 加强和改善市场监管，是适应科技革命和产业变革新趋势的迫切需要。以大数据、云计算等为代表的新一轮科技革命和产业变革，促进了技术、资源、产业和市场的跨时空、跨领域融合，网络经济、分享经济、众创空间、线上线下互动等新产业、新业态、新模式不断涌现，颠覆了许多传统的生产经营模式和消费模式，对市场监管提出了新要求、新挑战。市场经济在繁荣发展，市场监管也要与时俱进、开拓创新，不断探索市场监管新机制，才能更好地适应发展变化的需要。 |
| In conclusion, new conditions, tasks and challenges confronting China's market regulation covered by the 13th Five-Year Plan shall be profoundly recognized, the awareness of reform shall be raised, innovation spirit shall be enhanced, the opening up perspectives shall be expanded, modern concepts shall be used to guide market regulation, modern science and technology shall be used to better market regulation, modern regulation means shall be adopted to advance market regulation, and new market regulation modes with Chinese characteristics and satisfying the requirements of the time shall be vigorously explored so as to create a development environment of fair competition for various market participants. | | 总之，要深刻认识“十三五”时期我国市场监管面临的新形势新任务新挑战，强化改革意识，增强创新精神，扩大开放视野，用现代理念引领市场监管，用现代科技武装市场监管，用现代监管方式推进市场监管，积极探索具有中国特色、符合时代要求的市场监管新模式，为各类市场主体营造公平竞争的发展环境。 |
| Chapter II General Thinking | | 第二章 总体思路 |
| According to the national overall arrangements during the period covered by the 13th Five-Year Plan, economic development pattern and market regulation trends shall be accurately grasped, and, staying firmly rooted in the present while looking ahead to the future, relying on overall arrangements and planning as well as orderly advancement, market regulation shall be allowed to play an important role in the big picture of reform and development so as to provide guarantee for the efficient operation of the market economy. | | 按照国家“十三五”时期的总体部署，准确把握经济发展规律和市场监管趋势，立足当前，着眼长远，统筹谋划，有序推进，充分发挥市场监管在改革发展大局中的重要作用，为市场经济的高效运行提供保障。 |
| I. Guiding ideology | | 一、指导思想 |
| We shall comprehensively implement the spirit of the 18th National Congress of the Communist Party of China ("CPC") and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, carry out in depth the spirit of a series of important speeches and new concepts, thoughts and strategies of managing state affairs of General Secretary Xi Jinping, conscientiously carry out the decisions and arrangements of the CPC Central Committee and the State Council, advance the overall layout for "economic, political, cultural, social, and ecological progress" in an overall manner and the Four-Pronged Comprehensive Strategy in a coordinated manner, firmly develop and implement the concept of innovative, coordinated, green, open and shared development, with the deepening of the reform of the business system as a breakthrough, focus on creating a sound market access environment, market competition environment and market consumption environment, develop modern market regulation concepts, reform the market regulation system, innovate the market regulation mechanisms, enhance comprehensive market regulation, make market regulation more scientific and effective, and promote the sustainable and sound development of economy and society. | | 全面贯彻党的十八大和十八届三中、四中、五中、六中全会精神，深入贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略，认真落实党中央、国务院决策部署，统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局，牢固树立和贯彻落实创新、协调、绿色、开放、共享的发展理念，以深化商事制度改革为突破口，围绕营造良好的市场准入环境、市场竞争环境和市场消费环境，树立现代市场监管理念，改革市场监管体制，创新市场监管机制，强化市场综合监管，提升市场监管的科学性和有效性，促进经济社会持续健康发展。 |
| -- Sparking market vigor. The inherent vigor of the market economy is an important driving force for sustainable economic growth and a significant foundation for economic prosperity. The traditional "management" concept shall be changed, sparking market vigor and creativity shall be made an important direction of market regulation, the reform of the business system shall be deepened, the various institutional barriers shall be removed, a market environment favorable to entrepreneurship and innovation among all the people shall be created, and market participants and the big picture of reform and development shall be served. | | --激发市场活力。市场经济的内在活力是经济持续增长的重要动力，是经济走向繁荣的重要基础。要改变传统“管”的观念，把激发市场活力和创造力作为市场监管的重要方向，深化商事制度改革，破除各种体制障碍，营造有利于大众创业、万众创新的市场环境，服务市场主体，服务改革发展大局。 |
| -- Regulating the market order. A perfect market economy is featured by vigorousness and orderliness. Without vigor, the market economy will lose its vitality; and without order, the market economy will lose guarantee. Regulating the market order and maintaining fair competition shall be made a priority of market regulation, the combination of relaxation and effective management shall be adhered to, and relaxation without chaos and vigor with order shall be ensured so as to provide guarantee for the survival of the fittest enterprises and industrial transformation and upgrading. | | --规范市场秩序。完善的市场经济是有活力、有秩序的。没有活力，市场经济就失去了生机；没有秩序，市场经济就失去了保障。要把规范市场秩序、维护公平竞争作为市场监管的重要着力点，坚持放活和管好相结合，做到放而不乱、活而有序，为企业优胜劣汰和产业转型升级提供保障。 |
| -- Protecting consumer rights and interests. Effectively protecting consumer rights and interests and the people's rights and interests is an essential requirement of shared development. The concept of consumerism shall be developed, protecting consumer rights and interests shall be central to market regulation, and the people's sense of happiness and fulfillment shall be improved. Enhancing the protection of consumer rights and improving consumption environment shall be made an important measure to advance the supply-side structural reform and realize the stimulation of supply and demand. | | --维护消费者权益。保护好消费者权益，保护好人民群众利益，是实现共享发展的本质要求。要树立消费者至上的理念，把维护消费者权益放在市场监管的核心位置，提高人民群众幸福感和获得感。把强化消费维权、改善消费环境，作为推进供给侧结构性改革、实现供给与需求两端发力的重要举措。 |
| -- Improving regulation efficiency. In order to raise the efficiency of market operation, that of market regulation must be improved. The awareness of cost shall be raised, the efficiency concept shall be enhanced, raising regulation efficiency shall be made a basic requirement of market regulation, traditional unlimited regulation concepts shall be changed, the bothering, harsh and person-to-person traditional regulation mode casting a wide net shall be reformed, the reform of and innovation on market regulation shall be promoted. | | --提高监管效率。提高市场运行效率，必须提高市场监管效率。要强化成本意识，增强效能观念，把提高监管效率作为市场监管的基本要求，改变传统的无限监管理念，改革传统的人盯人、普遍撒网的烦苛监管方式，推动市场监管的改革创新。 |
| -- Enhancing the global perspectives. In the process of economic globalization, market regulation concepts and regulation modes have become an important factor that impacts the national competitiveness and international influence. The globalization trends in China's economic development shall be adapted to. According to the requirements of improving China's say over the regimes of global governance, international perspectives shall be adopted to review the development of market regulation rules and the effect of market regulation law enforcement, and the internationalization level of market regulation shall be constantly raised. | | --强化全球视野。在经济全球化进程中，市场监管理念、监管模式已经成为影响国家竞争力和国际影响力的重要因素。要与我国经济发展全球化趋势相适应，按照提高我国在全球治理中制度性话语权的要求，用国际视野审视市场监管规则的制定和市场监管执法效应，不断提升市场监管的国际化水平。 |
| II. Major objectives | | 二、主要目标 |
| By the year 2020, according to the requirements of accomplishing the building of a moderately prosperous society in all aspects and improving the socialist market economy system, centering on the establishment of a unified, open modern market system featuring orderly competition, good faith and observance of the law, and effective regulation, the framework of business system will have been improved, the competition policy system will have been completed, a scientific and efficient market regulation system will have been preliminarily formed, a new market regulation pattern based on the rule of law and enterprise self-discipline and supported by joint social governance will have been developed, and a market environment favorable to entrepreneurship and innovation, good faith and observance of the law, and fair competition and a facilitating, internationalized and legal business environment will have been developed. The specific objectives are as follows: | | 到2020年，按照全面建成小康社会和完善社会主义市场经济体制的要求，围绕建设统一开放、竞争有序、诚信守法、监管有力的现代市场体系，完善商事制度框架，健全竞争政策体系，初步形成科学高效的市场监管体系，构建以法治为基础、企业自律和社会共治为支撑的市场监管新格局，形成有利于创业创新、诚信守法、公平竞争的市场环境，形成便利化、国际化、法治化的营商环境。具体目标是： |
| -- A relaxed and convenient market access environment will be basically created. The market access system shall be further improved, and fair, unified, open and transparent market access rules shall be preliminarily formulated. Various administrative approvals shall be cut significantly, ex-ante and ex-post approval matters in business registration shall be reduced dramatically, and various unnecessary licenses and certificates shall be basically canceled. People should be allowed a shorter time to make investment and start an enterprise, new market participants shall grow constantly and develop actively, the life cycle of newly established enterprises shall be extended, and the number of enterprises with thousands of employees shall be significantly increased. | | --宽松便捷的市场准入环境基本形成。市场准入制度进一步完善，公平统一、开放透明的市场准入规则基本形成。各种行政审批大幅削减，商事登记前置、后置审批事项大幅减少，各类不必要的证照基本取消。百姓投资办企业时间缩减，新增市场主体持续增长、活跃发展，新设企业生命周期延长，千人企业数量显著提高。 |
| -- A fair and orderly market competition environment will be basically created. The rules for the regulation of the national unified large market shall be basically developed, multiple-department regulation and repeated law enforcement shall be basically eliminated, and the national unified large market shall be further improved. Significant achievements shall be made in anti-monopoly and anti-unfair competition law enforcement, infringements and counterfeits, regional protectionism and industrial monopoly shall be effectively controlled, a fair competition and survival of the fittest mechanism shall be basically established, the market order shall be significantly improved, the role of trademarks and brands shall be fully used, and the quality of market participants shall be prominently improved. | | --公平有序的市场竞争环境基本形成。全国统一的市场监管规则基本形成，多头监管、重复执法基本消除，全国统一大市场进一步完善。反垄断和反不正当竞争执法成效显著，侵权假冒、地方保护、行业垄断得到有效治理，公平竞争、优胜劣汰机制基本建立，市场秩序明显改善，商标品牌作用充分发挥，市场主体质量显著提升。 |
| -- A safe and reassuring market consumption environment will be basically created. The legal system for consumer rights protection shall be further improved, and the consumer rights protection mechanism shall be further improved. A unified national consumption complaint and report network platform shall be basically developed, and consumer rights protection shall be dramatically facilitated. Consumers' associations and other consumers' organizations shall grow and thrive, and the socialization level of consumer rights protection shall be significantly raised. The quality and safety of goods and services shall be comprehensively raised, and consumer satisfaction shall be constantly improved. | | --安全放心的市场消费环境基本形成。消费维权的法律体系进一步完善，消费维权机制进一步健全。全国统一的消费投诉举报网络平台基本形成，消费维权的便利程度大幅度提高。消费者协会和其他消费者组织发展壮大，消费维权社会化水平明显提高。商品和服务消费的质量安全水平全面提升，消费满意度持续提高。 |
| -- Authoritative and efficient market regulation systems and mechanisms will be basically developed. The reform of the comprehensive law enforcement system of market regulation shall be comprehensively completed, the market regulation pattern shall be further improved, and a market regulation and anti-monopoly law enforcement system featuring unity, standards, defined powers and responsibilities, impartiality and efficiency, and legal guarantee shall be developed. Credit supervision, big data monitoring, diversified joint governance and other new types of regulation mechanism shall be further improved. | | --权威高效的市场监管体制机制基本建立。市场监管综合执法体制改革全面完成，市场监管格局进一步完善，形成统一规范、权责明确、公正高效、法治保障的市场监管和反垄断执法体系。信用监管、大数据监管以及多元共治等新型监管机制进一步完善。 |
| III. Main principles | | 三、主要原则 |
| -- Adhering to regulation in accordance with the laws and regulations. Various market participants shall be treated indiscriminately and subject to fair and impartial regulation in accordance with the laws and regulations, and the lawful rights and interests of the various market participants shall be equally protected. The rule of law shall be the guiding way of thinking and method in the performance of market regulation duties, the list administration system shall be comprehensively carried out, "no action without authorization" shall be specified through the power list, that statutory duties must be performed shall be indicated through the duty list, that an act is admissible unless prohibited by the law shall be made clear through the negative list, and no inspection shall be allowed without a legal basis so as to regulate the discretion of government departments and advance the system-based, regulated and legal market regulation. | | --坚持依法依规监管。对各类市场主体一视同仁，依法依规实施公平公正监管，平等保护各类市场主体合法权益。要运用法治思维和法治方式履行市场监管职责，全面实施清单管理制度，通过权力清单明确法无授权不可为，通过责任清单明确法定职责必须为，通过负面清单明确法无禁止即可为，没有法律依据不能随意检查，规范政府部门自由裁量权，推进市场监管的制度化、规范化、法治化。 |
| -- Adhering to simplified regulation. According to the requirement of streamlining administrative procedures, delegating powers to lower levels, combining decentralization and control with optimization of services, "simplification" shall be adhered to as a top priority; simplified and efficient regulation method shall be carried out, and unnecessary regulation, untimely and outdated rules and systems, unreasonable frameworks and unnecessary and overelaborate formalities shall be eliminated so as to ease enterprises of their burdens and cut social costs. | | --坚持简约监管。按照简政放权、放管结合、优化服务改革要求，坚持“简”字当头，实行简约高效的监管方式，消除不必要的管制，革除不合时宜的陈规旧制，打破不合理的条条框框，砍掉束缚创业创新的繁文缛节，减轻企业负担，减少社会成本。 |
| -- Adhering to prudential regulation. Adapting to the trends in the thriving development of new technology, industry, business types and modes, centering on encouraging innovation and promoting entrepreneurship, scientific and efficient regulation mechanisms, methods and means shall be explored, inclusive regulation shall be implemented, the traditional regulation mode shall be reformed, and the thriving development of the innovation economy shall be promoted. In relation to the fields with high potential risks and social risks, strict supervision shall be ensured, and hidden risks shall be eliminated. | | --坚持审慎监管。适应新技术、新产业、新业态、新模式蓬勃发展的趋势，围绕鼓励创新、促进创业，探索科学高效的监管机制和方式方法，实行包容式监管，改革传统监管模式，推动创新经济繁荣发展。对潜在风险大、社会风险高的领域，要严格监管，消除风险隐患。 |
| - Adhering to comprehensive regulation. Adapting to the mainstream trends in science and technology innovation, industrial integration and cross-field development, stubborn problems, such as separation from one another, law enforcement by multiple departments and differences in standards shall be overcome, comprehensive law enforcement in the field of market regulation shall be advanced, a comprehensive regulation system shall be established, and the comprehensive benefits from various regulation resources shall be utilized. Information sharing shall be strengthened, overall arrangements for departments at low and high levels shall be enhanced, a cross-departmental, cross-regional law enforcement interaction responding and cooperation mechanism shall be established and improved, regulation vacuum shall be filled, and the cost of law enforcement shall be reduced. | | --坚持综合监管。适应科技创新、产业融合、跨界发展的大趋势，克服相互分割、多头执法、标准不一等痼疾，推进市场监管领域综合执法，建立综合监管体系，发挥各种监管资源的综合效益。加强信息共享，强化部门上下统筹，建立健全跨部门、跨区域执法联动响应和协作机制，消除监管盲点，降低执法成本。 |
| -- Adhering to intelligent regulation. We should adapt to the trends in the new round of science and technology revolution and industrial changes and the objective requirements of active development of market participants, and the role of new science and technology in market regulation shall be fully displayed. Big data, among others, shall be used to promote regulation innovation by depending on the Internet and big data. Big data platform of market regulation shall be established, "Internet plus" be promoted, and market regulation shall be made more intelligent. | | --坚持智慧监管。适应新一轮科技革命和产业变革趋势，适应市场主体活跃发展的客观要求，充分发挥新科技在市场监管中的作用。运用大数据等推动监管创新，依托互联网、大数据技术，打造市场监管大数据平台，推动“互联网＋监管”，提高市场监管智能化水平。 |
| -- Adhering to coordinated regulation. The traditional mode of only the government being responsible for market regulation shall be changed, the primary responsibility of enterprises shall be specified, the self-regulation and good-faith operation of market participants shall be promoted, and the malpractices, such as "the government is anxious but enterprises don't care" and "consumers have no choice while entrepreneurs have no fear", shall be varied. The restricting role of the credit system, the self-discipline role of industry organizations and the supervising role of consumers' organizations, public opinions and the general public shall be fully used to realize joint social governance. | | --坚持协同监管。市场监管要改变政府大包大揽的传统方式，明确企业的主体责任，推动市场主体自我约束、诚信经营，改变“政府急、企业不急”、“消费者无奈、经营者无惧”的弊端。充分发挥信用体系的约束作用、行业组织的自律作用以及消费者组织、社会舆论和公众的监督作用，实现社会共治。 |
| Chapter III Key Market Regulation Tasks | | 第三章 市场监管重点任务 |
| Centering on the supply-side structural reform and the stimulation of supply and demand, the reform of the business system shall be comprehensively deepened, interim and ex-post supervision shall be enhanced, the improvement of the market access, market competition and market consumption environments shall be made a top priority of market regulation, and a positive market environment and an internationally competitive business environment shall be created for economic development. | | 围绕供给侧结构性改革，供给需求两端发力，全面深化商事制度改革，加强事中事后监管，把改善市场准入环境、市场竞争环境和市场消费环境作为市场监管重点，为经济发展营造良好的市场环境和具有国际竞争力的营商环境。 |
| I. Creating a relaxed and convenient market access environment | | 一、营造宽松便捷的市场准入环境 |
| The reform of the administrative approval system shall be advanced, government functions shall be transformed, administrative approvals shall be reduced, the enthusiasm of the people in entrepreneurship and innovation shall be sparked, and the constant and rapid growth of market participants shall be promoted so as to inject new vigor and driving force into the economic development. | | 推进行政审批制度改革，转变政府职能，减少行政审批，激发百姓创业创新热情，促进市场主体持续较快增长，为经济发展注入新活力新动力。 |
| (1) Reforming the market access system. | | （一）改革市场准入制度。 |
| Market access shall be relaxed. Various approval restrictions shall be reformed, a unified, open and transparent market access system shall be established, and a fair access environment shall be created for investment and entrepreneurship. Various market participants shall be allowed to access any industry or field unless the access is expressly prohibited by any law or regulation. Any field which has been already open to foreign capital or of which commitments have made to opening to foreign capital shall be open to domestic private capital. Any unreasonable barrier affecting the fair access and competition by private capital shall be removed. Unreasonable restrictions and invisible barriers hindering private capital from accessing power, telecommunications, transport, oil gas, public utility, elderly care, medical care, education, etc., shall be scrapped, and additional conditions and discriminatory clauses separately developed against private capital shall be canceled so as to protect the lawful rights and interests of private capital. The market access negative list system shall be established and improved, and, in relation to fields relating to the life and property safety of the people, national security, public security and eco-environment safety, etc., the standards for quality and safety, and environment and technology, etc., and the fields and rules of market access shall be specified. Foreign investment shall be subject to the administration mode of "pre-access national treatment plus negative list," the fields to which the access of foreign capital is restricted shall be gradually reduced, and new advantages in international cooperation shall be fostered and expanded. The national security review system in relevant fields shall be established and improved. | | 放宽市场准入。改革各种审批限制，建立统一公开透明的市场准入制度，为投资创业创造公平的准入环境。凡是法律法规未明确禁入的行业和领域，都允许各类市场主体进入。凡是已向外资开放或承诺开放的领域，都向国内民间资本放开。凡是影响民间资本公平进入和竞争的不合理障碍，都予以取消。破除民间投资进入电力、电信、交通、油气、市政公用、养老、医疗、教育等领域的不合理限制和隐性壁垒，取消对民间资本单独设置的附加条件和歧视性条款，保障民间资本的合法权益。建立完善市场准入负面清单制度，对关系人民群众生命财产安全、国家安全、公共安全、生态环境安全等领域，明确市场准入的质量安全、环境和技术等标准，明确市场准入领域和规则。对外商投资实行准入前国民待遇加负面清单的管理模式，逐步减少限制外资进入的领域，培育和扩大国际合作新优势。健全完善相关领域的国家安全审查制度。 |
| The reform of "business licenses before government permits" shall be deepened. The traditional concept of "approval economy" shall be reformed, various production licenses, business permits and qualification certifications shall be further cut out, and the scope of government approval shall be minimized. More efforts shall be made for the reform, the ex-ante an ex-post approval of business registration shall be continuously reduced, and the problem of “easy to obtain business licenses but hard to acquire certificates” shall be solved. An approval matter shall be delegated to the market and society, unless relating to the life and property safety of the people, cultural security and national security, so as to make full use of the adjusting role and social management functions of the market. The management of the catalog of ex-ante and ex-post approval matters of business registration shall be improved for dynamic adjustment and improvement in good time. The approval of investment projects shall be simplified, integrated and regulated, and "one-stop" combined online approval shall be implemented so as to specify standards, shorten process and ensure conclusion within a prescribed time limit. The pilot program of reforming the "separation between certificates and business licenses" in Shanghai shall be deepened, and experience shall be summarized and promoted across the country in good time. | | 深化“先照后证”改革。改革“审批经济”的传统观念，进一步削减各类生产许可证、经营许可证和资质认定，最大限度缩减政府审批范围。加大改革力度，继续削减商事登记前置、后置审批，化解“领照容易、领证难”的矛盾。除涉及人民群众生命财产安全、文化安全和国家安全等的审批事项外，一律放给市场、放给社会，充分发挥市场的调节作用和社会管理功能。完善商事登记前置、后置审批事项目录管理，适时动态调整完善。简化、整合和规范投资项目审批，实行“一站式”网上并联审批，明确标准、缩短流程、限时办结。深化上海“证照分离”改革试点，总结经验，适时向全国推广。 |
| (2) Deepening the reform of the business registration system. | | （二）深化商事登记制度改革。 |
| The reform of "integrating multiple certificates into one" shall be advanced. Repeated approval and administration of market participants by multiple departments shall be reformed, and the efficiency of social investment and entrepreneurship shall be raised. The reform of "integrating five certificates into one and one code for one business license" shall be comprehensively implemented, "integrating multiple certificates into one" shall be advanced, and information sharing and business coordination shall be realized to a broader extent and at deeper level so as to provide facilitative services for the establishment and growth of enterprises. The business licenses and tax registration certificates of sole proprietor businesses shall be effectively integrated, and the sound development of the sole proprietorship and private economy shall be promoted. Through the reform, a business license shall become the only "identity certificate" of an enterprise, and the unified social credit code shall be the only identity number of an enterprise. All regions and relevant departments shall be encouraged to further integrate the management of various certificates and licenses, and the local governments shall be encouraged to jointly grant certificates and licenses, further simplify formalities and shorten the process and time. All departments shall strengthen connection and cooperation and vigorously promote the amendment and improvement of relevant laws and regulations. A government-enterprise cooperation mechanism shall be established, and entrepreneurship and innovation incubators shall be supported in providing more services to enterprises. The international business environment shall converge with the advanced level, and a statistics and notification system of the time for the establishment of enterprises shall be developed so as to significantly shorten the time for establishing an enterprise. A statistics, survey, monitoring and analysis system of new market participants shall be explored and established. | | 推进“多证合一”改革。改革多部门对市场主体的重复审批、重复管理，提高社会投资创业效率。全面实施“五证合一、一照一码”改革，推进“多证合一”，在更大范围、更深层次实现信息共享和业务协同，为企业开办和成长提供便利化服务。做好个体工商户营业执照和税务登记证整合，促进个体私营经济健康发展。通过改革，使营业执照成为企业唯一“身份证”，统一社会信用代码成为企业唯一身份代码。鼓励各地方、有关部门进一步整合各类证照管理，鼓励地方开展证照联办，进一步精减材料手续、精减流程时间。各部门要加强衔接配合，积极推动相关法律、法规的修改完善。建立政企合作机制，支持创业创新孵化机构丰富对企业的服务。对标国际营商环境先进水平，建立开办企业时间统计通报制度，大幅度缩减企业开办时间。研究建立新生市场主体统计调查、监测分析制度。 |
| Facilitative services shall be improved. The enterprise name approval system shall be reformed, and enterprises shall be granted the right to independently choose their own names. It shall be gradually realized that an enterprise name is no longer subject to pre-approval unless the department responsible for the ex-ante approval matter at issue or approval of the enterprise name is not the one responsible for the registration of enterprise establishment. The enterprise name database shall be open to the general public, the administration of enterprise names shall be improved, and more name resources shall be provided. Enterprises shall be made easier to change names, and the handling efficiency shall be raised. An enterprise name dispute settlement mechanism shall be developed, and the mechanism to settle conflicts between enterprise names and the rights in famous trademarks and registered trademarks shall be improved so as to protect the lawful rights and interests of enterprises. The inappropriate name compulsory correction mechanism shall be enhanced so as to maintain public order and good customs of society. The reform of the enterprise group registration system shall be advanced, and the unreasonable restrictions shall be removed. The advancement of whole-process electronic enterprise registration shall be accelerated to improve informatization and facilitation. The pilot program of the reform of electronic business licenses shall be promoted, and the application scope of electronic business licenses shall be expanded. | | 提高便利化服务水平。改革企业名称核准制度，赋予企业名称自主选择权。除涉及前置审批事项或企业名称核准与企业设立登记不在同一机关外，逐步实现企业名称不再实行预先核准。向社会开放企业名称数据库，完善企业名称管理规范，丰富名称资源。增强企业变更名称的便捷性，提高办理效率。建立企业名称争议处理机制，完善企业名称与驰名商标、注册商标权利冲突解决机制，维护企业合法权益。强化不适宜名称强制纠正机制，维护社会公序良俗。推进企业集团登记制度改革，取消不合理限制。加快推进企业全程电子化登记，提高信息化、便利化水平。推动电子营业执照改革试点，扩大电子营业执照应用范围。 |
| Service shall be provided to entrepreneurship and innovation. The reform of the business registration system shall be advanced, and entrepreneurship and innovative development shall be supported. In the case of private investment in the exploitation of natural resources, environmental protection, energy, traffic, municipal public utility, etc., the restrictions such as minimum registered capital, shareholder structure and share proportions shall be canceled unless it is otherwise provided for in any law or regulation. The development of innovation-oriented companies shall be encouraged, and, on the premise of compliance with the laws and regulations, a flexible registration mode shall be explored in some regions under the pilot program of entrepreneurship and innovation. Based on the development of diversified entrepreneurship and innovation incubation platforms, such as maker space and innovation workshops, diversified reform explorations, such as "one address for multiple business licenses," "one business license with multiple addresses," office cubicle registration, group registration and business secretary companies shall be supported. The reform achievements from pilot free trade zones and national independent innovation demonstration zones shall be summarized and promoted, and e-commerce enterprises with good conditions shall be allowed to implement "one code for one city." If a chain enterprise establishes an outlet or distribution center without enterprise legal person qualifications, the government or the relevant department in the place of the outlet or distribution center shall not stand in the way. | | 服务创业创新大潮。推进商事登记制度改革，支持创业创新发展。对民间投资进入自然资源开发、环境保护、能源、交通、市政公用事业等领域，除法律法规有明确规定的外，取消最低注册资本、股东结构、股份比例等限制。鼓励创新型公司的发展，在一些创业创新试点地区，在符合法律法规规定的前提下，探索灵活的登记模式。顺应众创空间、创新工场等多样化创业创新孵化平台的发展，支持开展“一址多照”、“一照多址”、工位注册、集群注册、商务秘书公司等多样化改革探索。总结推广自由贸易试验区以及国家自主创新示范区的改革成果，允许具备条件的电商企业实行“一城一号”。对连锁企业设立非企业法人门店和配送中心，所在地政府及有关部门不得设置障碍。 |
| Enterprise registration independence shall be guaranteed. Enterprises' rights of independent operations shall be respected, and enterprises shall be allowed to choose the forms of organization and registration places based on their actual need. Unless otherwise expressly set out by any law or regulation, no restriction shall be made on the lawful registration of any enterprise, no requirement shall made for an enterprise to adopt a particular form of organization, no restriction shall be made on the lawful modification of the form of organization, domicile or registered place by an enterprise, no requirement shall made for an enterprise to be registered in a particular place, and no barrier shall be created to obstruct the free relocation of an enterprise. An enterprise which has obtained a business license in a place shall not be required to establish a subsidiary in its another place of business except as otherwise provided for. | | 保障企业登记自主权。尊重企业自主经营的权利，允许企业根据实际需要选择组织形式和注册地。除法律法规明确规定外，不得限制企业依法注册登记，不得限制企业必须采取某种组织形式，不得限制企业依法变更其组织形式、住所和注册地，不得限制企业必须在某地登记注册，不得为企业自由迁移设置障碍。除特殊规定外，对已经在其他地方取得营业执照的企业，不得要求其在本地开展经营活动时必须设立子公司。 |
| (3) Improving the enterprise exit mechanism. | | （三）完善企业退出机制。 |
| The summary deregistration mechanism shall be improved. The deregistration process of enterprises and sole proprietor businesses shall be simplified and improved, and a convenient and orderly market exit mechanism shall be established. Explorations shall be made with respect to whether an enterprise with a small amount of assets and a narrow region of business could be subject to the summary bankruptcy procedure. A sole proprietor business, an inactive enterprise or an enterprise without debt or liabilities could be subject to the summary deregistration procedure on a trial basis. | | 完善简易注销机制。简化和完善企业、个体工商户注销流程，构建便捷有序的市场退出机制。探索对资产数额不大、经营地域不广的企业实行简易破产程序。试行对个体工商户、未开业企业以及无债权债务企业实行简易注销程序。 |
| A compulsory exit mechanism shall be developed. In conjunction with production capacity cut and de-stocking, more efforts shall be made to remove "zombie enterprises" so as to release more social resources. A compulsory market exit system shall be researched and established in relation to a seriously illegal and dishonest enterprise which fails to perform the obligation of annual report or fails to provide effective contact information over a long time, has remained inactive for a long time, or has seriously infringed upon consumers' rights and interests, etc. A market participant which violates any prohibitive provisions of the laws and regulations or fails to meet the mandatory standards for energy conservation, environmental protection, safe production, food, drug, and engineering quality, etc., shall be banned in accordance with the law, and its relevant permits and licenses shall be suspended. | | 建立强制退出机制。配合去产能、去库存，加大对“僵尸企业”清理力度，释放社会资源。对长期未履行年报义务、长期缺乏有效联系方式、长期无生产经营活动、严重侵害消费者权益等严重违法失信企业探索建立强制退出市场制度。对违反法律法规禁止性规定或达不到节能环保、安全生产、食品药品、工程质量等强制性标准的市场主体，依法予以取缔，吊销相关证照。 |
| A permanent mechanism of survival of the fittest shall be developed. Regional protectionism, administrative intervention and various illegal subsidies shall be eliminated, and a normal exit mechanism of disadvantageous enterprises shall be developed through market competition so as to resolve industrial and regional market risks. In accordance with the laws and regulations, the optimization of resource allocation through merger and restructuring, debt reorganization, liquidation bankruptcy and other means shall be encouraged. In some innovation intensity areas and high science and technology fields, a flexible enterprise exit mechanism adapting to convenient access shall be explored, and innovation culture shall be fostered. | | 形成优胜劣汰长效机制。消除地方保护、行政干预和各种违规补贴，通过市场竞争形成劣势企业的正常退出机制，化解行业性、区域性市场风险。依据法律法规规定，鼓励通过兼并重组、债务重组、破产清算等方式优化资源配置。在一些创新密集区和高科技领域，探索与便捷准入相适应的灵活的企业退出机制，培育创新文化。 |
| (4) Creating a good environment for micro and small-sized enterprises. | | （四）为小微企业创造良好环境。 |
Fiscal and tax incentives and financial policies that are good for micro and small-sized enterprises shall be continuously researched and improved, the establishment of a small and medium-sized enterprise credit investigation system shall be accelerated, the role of the national small and medium-sized enterprise development fund shall be made use of, and the fee exemption and deduction policies for small and medium-sized enterprises shall be implemented and improved.
．．．．．． | | 继续研究完善支持小微企业发展的财税优惠政策和金融政策，加快构建中小企业征信体系，发挥国家中小企业发展基金作用，落实完善对小微企业的收费减免政策。
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