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Guiding Opinions of the State Administration for Industry and Commerce on Effectively Making the Reform of "Integrating Certificates into One" [Effective]
工商总局关于做好“多证合一”改革工作的指导意见 [现行有效]
【法宝引证码】

Guiding Opinions of the State Administration for Industry and Commerce on Effectively Making the Reform of "Integrating Certificates into One" 

工商总局关于做好“多证合一”改革工作的指导意见

(No. 153 [2017] of the State Administration for Industry and Commerce) (工商企注字【2017】153号)

The administrations for industry and commerce and market regulatory
authorities of all provinces, autonomous regions, and municipalities
directly under the Central Government:
 各省、自治区、直辖市工商行政管理局,市场监管部门:
The industry and commerce and market regulation departments at all levels across the country have conscientiously implemented the decisions and arrangements of the CPC Central Committee and the State Council, comprehensively carried out the requirements of the Guiding Opinions of the General Office of the State Council on Accelerating the Advancement of the Reform of "Integrating Certificates into One" (No. 41 [2017], General Office of the State Council, hereinafter referred to as "Opinions"), promoted the smooth advancement of the reform of "simplification of procedures" and "integrating certificates into one" by "reducing certificates," and made conscientious achievements. Nevertheless, in the advancement in all regions, there appeared problems such as inconsistence in standards for integration of certificates and licenses, blind pursuit of the number of certificates and licenses integrated, impeded information sharing among departments, and obstruction of connectivity and mutual recognition of business licenses. For purposes of strictly implementing reform requirements and advancing the reform of "integrating certificates into one" at a faster pace, the following guiding opinions on all the work of the reform of integrating certificates of enterprises (including individual industrial and commercial households and specialized farmer cooperatives, and the same rule applies hereinafter) into one are hereby put forward. 全国各级工商和市场监管部门认真贯彻党中央、国务院决策部署,全面落实《国务院办公厅关于加快推进“多证合一”改革的指导意见》(国办发〔2017〕41号,下称《意见》)要求,通过“减证”推动“简政”,“多证合一”改革顺利推进并取得了明显的成效。与此同时,各地在推进过程中也出现了证照整合标准不统一、盲目追求证照整合数量、部门信息共享不顺畅,营业执照互通互认有障碍等问题。为严格落实改革要求、加快推进“多证合一”改革,现就做好企业(包括个体工商户、农民专业合作社,下同)“多证合一”改革各项工作提出以下指导意见。
I. Understanding the meaning of the reform of "integrating certificates into one" and further specifying the scope of integration of certificates and licenses   一、把握“多证合一”改革内涵,进一步明确证照整合范围
In the process of the pilot program of the reform of "integrating certificates into one," there appeared issues in some regions that administrative licensing matters and certificate and license matters which had been expressly canceled by the laws and regulations were included in the scope of reform. In that regard, all regions shall conscientiously learn, profoundly understand the spirit of the Opinions to ensure the accurate implementation of the reform. 在“多证合一”改革试点过程中,部分地方出现了将行政许可事项、法律法规已明确取消的证照事项也纳入改革范围的现象。对此,各地要认真学习、深刻领会《意见》精神,确保改革准确落地。
(1) In terms of the scope of integration, in strict accordance with the requirements of the Opinions, only enterprise-related certificate and license matters in the general business items in the categories of information collection, entry for publication, and administration for future inspections, or in relation to which the enterprise registration information is sufficient to satisfy the need of government departments for administration, may be integrated, and matters in the category of administrative licensing relating to national security, economic security and the security of the person and property of citizens shall not be integrated, in order to ensure that the reform conforms to the laws and regulations and has a legal basis. Where relevant enterprise-related certificates and licenses as well as business licenses are issued by the same department, certificate and license matters shall be administered with more efforts. (一)在整合范围上,要严格遵循《意见》要求,只整合信息采集、记载公示、管理备查类的一般经营项目涉企证照事项,以及企业登记信息能够满足政府部门管理需要的涉企证照事项,对于关系国家安全、经济安全和公民生命财产安全的行政许可类事项不予整合,确保改革依法合规、于法有据。对于相关涉企证照与营业执照由同一部门发放的,对证照事项要加大管理力度。
(2) In advancing the work, all regions shall adhere to overall arrangements at the provincial level and unify standards, matters, arrangements and implementation, in order to ensure "the same rule for the whole province," and all regions and cities shall arrange and conduct reforms within the scope of the unified plan of the local province. (二)在工作推进上,各地要坚持省级统筹,做到统一标准、统一事项、统一部署、统一实施,确保“全省一盘棋”,各地、市的改革要在省级统一规划的范畴下部署开展。
(3) In terms of administration of certificates and licenses, interaction, coordination and cooperation between departments shall be adhered to, and, with regard to the issue of enterprise modification and deregistration after the reform of "integrating certificates into one," the enterprise registration department in all regions shall voluntarily strengthen the communication and coordination with relevant departments, take measures suitable to local conditions, and sort out relationships, in order for enterprises not to go back and forth for handling modification, deregistration or other business. (三)在证照管理上,要坚持部门联动、协调配合,关于“多证合一”改革后的企业变更及注销问题,各地企业登记部门要主动加强与相关部门的沟通协调,因地制宜,理顺关系,避免企业为办理变更、注销等业务奔波往返。
II. Effectively handling the relationship between the reform of "integrating certificates into one" and "combined approval", "joint application for certificates and licenses" and promoting "simplification of administrative procedures" by "reducing certificates."   二、处理好“多证合一”改革与“并联审批”“证照联办”关系,用“减证”促“简政”
In the process of advancing the reform of "integrating certificates into one," some regions continued issuing integrated certificates and licenses, and some blurred the difference between "combined approval" as well as "joint application for certificates and licenses" and "integrating certificates into one." All regions shall effectively handle the relationship between "combined approval" as well as "joint application for certificates and licenses" and "integrating certificates into one" in the reform at the next stage. 有些地方在推进“多证合一”改革过程中,仍然发放被整合证照;有的混淆了“并联审批”“证照联办”同“多证合一”区别。各地在下一阶段的改革工作中要处理好“并联审批”“证照联办”和“多证合一”改革的关系。
(1) "Combined approval" and "joint application for certificates and licenses" are effective modes of administrative approval that have been tested by practice and are helpful to saving administrative cost, raising administrative efficiency and realizing resource sharing. While solidly advancing the reform of "integrating certificates into one," all regions shall be realistic and provide facilitating means and conditions for enterprises and the people to handle matters, with their interests as the fundamental starting point and foothold, based on "combined approval," "joint application for certificates and licenses" and other various forms.
......
 (一)“并联审批”“证照联办”是经过实践检验、行之有效的行政审批模式,有助于节约行政成本、提高行政效率、实现资源共享。各地在扎实推进“多证合一”改革的同时,要从实际出发,以企业、群众利益为根本出发点和落脚点,结合“并联审批”“证照联办”等多种形式,为企业、群众办事提供更加便利化的方式和条件。
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