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| Notice of the State Administration for Industry and Commerce on Issues concerning Effectively Making Enterprise Registration under New Conditions | | 工商总局关于做好新形势下企业登记注册工作有关问题的通知 |
| (No. 132 [2017] of the State Administration for Industry and Commerce) | | （工商企注字〔2017〕132号） |
| The administrative departments for industry and commerce and market supervision and administration departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state-planning, and cities at the sub-provincial level: | | 各省、自治区、直辖市及计划单列市、副省级市工商行政管理局、市场监督管理部门： |
| Over recent years, the administrative departments for industry and commerce and market supervision and administration departments at all levels have conscientiously implemented the decisions and arrangements of the CPC Central Committee and the State Council, unswervingly advanced the reform of the business system, solidly, effectively conducted all the work in relation to enterprise registration, effectively triggered entrepreneurship and innovation dynamism, created a more relaxed and convenient business environment, and made positive contributions to social and economic development. Nevertheless, "dual notification" has not been effectively carried out, the problems such as insufficient regulation of enterprise names, difficulties in defining the business scope of emerging industries, inadequate understanding of simplified enterprise deregistration, and poor window service occasionally arise, and enterprise registration is confronted with new challenges and demands. In order to effectively make enterprise registration under new conditions, promote the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services in being made at a deeper level and in a broader field, and better serve entrepreneurship and innovation among all the people, the relevant issues are hereby announced as follows: | | 近年来，各级工商和市场监督管理部门认真贯彻落实党中央、国务院的决策部署，坚定不移推进商事制度改革，扎实做好企业登记注册各项工作，有效激发了创业创新活力，营造了更加宽松便利的营商环境，为经济社会发展作出了积极贡献。与此同时，“双告知”工作落实不够到位，企业名称不够规范、新兴行业经营范围较难界定、对企业简易注销登记认识不够充分、窗口服务水平不够高等问题时有发生，企业登记注册工作面临新挑战、新要求。为了做好新形势下的企业登记注册工作，推动“放管服”改革向更深层次、更广领域开展，更好地服务大众创业万众创新，现就有关问题通知如下： |
| I. Conscientiously implementing relevant reform measures | | 一、认真落实有关改革举措 |
| All regions shall vigorously fulfill their duties, conscientiously implement reform measures, and allow enterprises to enjoy the achievements in the reform. First, conscientiously implementing the "business licenses first, government permits second" reform measures and strictly carry out the catalog of industry and commerce registration items subject to pre-approval. For applications for registration that fall within the scope of industry and commerce registration items subject to pre-approval, the approval document of the approval authority shall be strictly reviewed, and those who have not obtained the approval documents from the approval authorities shall not be registered; and for applications that do not fall within the scope of industry and commerce registration items subject to pre-approval, registration shall be granted in a timely manner in accordance with the law if the application documents are complete and in the legal form. Second, supporting the development of innovation and entrepreneurship and vigorously solving the difficulties and problems limiting enterprise development. Unless otherwise explicitly provided by the laws and regulations, no enterprise shall be restricted in relation to its lawful registration, no enterprise shall be required to make registration only in a given place, and no impediment shall be established to prevent any enterprise from freely relocating. With respect to a logistics enterprise establishing a branch, pre-approval conditions shall not be established without permission. Third, supporting the local governments in continuing to deepen domicile (place of business) reform to facilitate entrepreneurship and innovation among all the people. The principle of facilitating registration and social administration shall be adhered to, and diversified reforms such as "one business license with multiple addresses" and "one address for multiple business licenses" group registration shall be explored by region and by industry, so as to further release domicile resources. Fourth, implementing the measures to reform the registered capital registration system and subjecting Chinese and foreign-funded enterprises to a unified registered capital registration system. Unless otherwise provided by the laws and regulations, no region shall raise the standards for the registered capital of foreign-funded enterprises such as the minimum quota, amount of paid-in capital, and ratio of capital contributed by the foreign party. | | 各地要积极履职，认真落实改革举措，让企业享受到改革成果。一是要认真落实“先照后证”改革举措，严格执行工商登记前置审批事项目录。对于属于工商登记前置审批事项的，要严格审查审批机关的批准文件，对于未取得审批机关的批准文件的，一律不予登记注册；对于不属于工商登记前置审批事项，申请材料齐全、符合法定形式的，应当依法及时予以登记注册。二是支持创新创业发展，积极解决制约企业发展难点问题。除法律法规明确规定外，不得限制企业依法注册登记，不得要求企业必须在某地登记注册，不得为企业自由迁移设置障碍。物流企业设立分支机构，不得擅自 设置前置审批条件。三是支持地方政府继续深化住所（经营场所）改革，便利大众创新创业。坚持便捷注册和有利于社会管理的原则，分地区、分行业继续开展“一照多址”“一址多照”集群注册等多样化改革探索，进一步释放住所资源。四是落实注册资本登记制度改革举措，对内外资企业实行统一的注册资本登记制度。除法律法规另有规定外，各地不得擅自提高外商投资企业注册资本最低限额、实收资本数额、外方出资比例等标准。 |
| II. Solidly and effectively conducting the "dual notification" work | | 二、扎实做好“双告知”工作 |
All regions shall conscientiously carry out the Opinions of the State Council on Strengthening Interim and Ex-post Supervision after the "Business Licenses First, Government Permits Second" Reform (No. 62 [2015], State Council) and the requirements of the relevant documents issued by the State Administration for Industry and Commerce and diligently fulfill the "dual notification" duty. First, according to the catalogs of industry and commerce registration items subject to ex-post approval issued by provincial people's governments, strengthening the coordination and communication with the approval departments and competent industry departments, specifying the approval departments at all levels in relation to the items subject to ex-post approval and the standard description of business scopes, and, based on the adjustments to the catalogs of the industry and commerce registration items subject to ex-post approval made by provincial people's governments, effectively conducting the updating work in a timely manner, in order to ensure the determinate scope and clear basis of the "dual notification" work. Second, conscientiously giving notice to applicants and lawfully and properly collecting, keeping and managing the written commitments of applicants according to the specifications of submission of documents for enterprise registration and the provisions on archives management. Third, adhering to a combination of "notice by the registration department" and "claim by the approval department," vigorously promoting the local people's governments in practically strengthening the building of the national enterprise credit information publication system and other sharing and exchange platforms, advancing the use of sharing and exchange platforms by the departments at all levels, and realizing information exchange and sharing; vigorously promoting the local people's governments in establishing a "dual notification" approval items joint verification and account verification working mechanism and ensuring that relevant approval departments claim in a timely manner the information notice of which is given and give effective feedback; and vigorously promoting the local people's governments in establishing and improving a supervision and accountability mechanism featuring connection and cooperation between industry and commerce registration, administrative approval and follow-up supervision.
．．．．．． | | 各地要认真贯彻落实《国务院关于“先照后证”改革后加强事中事后监管的意见》（国发〔2015〕62号）和总局有关文件要求，认真履行“双告知”职责。一是要根据省级人民政府公布的工商登记后置审批事项目录，加强与审批部门、行业主管部门的协调沟通，明确涉及后置审批事项的各级审批部门和经营范围规范表述，并根据省级人民政府对工商登记后置审批事项目录的调整情况，及时做好更新工作，确保“双告知”工作范围清晰、依据明确。二是要认真做好告知申请人工作，按照企业登记提交材料规范和档案管理的相关规定，依法妥善收取、保存、管理申请人的书面承诺。三是要坚持“登记部门告知”与“审批部门认领”相结合， 积极推动地方人民政府切实加强国家企业信用信息公示系统等共享交换平台建设，推进各级部门对共享交换平台的利用，实现信息互通共享；积极推动地方人民政府建立“双告知”审批事项联动核查、对账工作机制，确保相关审批部门对告知信息及时认领和有效反馈；积极推动地方人民政府建立健全工商登记、行政审批、后续监管衔接协作的督查和责任追究机制。
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