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Guiding Opinions of the State Administration for Industry and Commerce on Implementing the Measures for the Reform of "Separating Permits from Business Licenses" and Promoting the Unified and Regulated Enterprise Registration Regulation [Effective]
工商总局关于落实“证照分离”改革举措促进企业登记监管统一规范的指导意见 [现行有效]
【法宝引证码】

Guiding Opinions of the State Administration for Industry and Commerce on Implementing the Measures for the Reform of "Separating Permits from Business Licenses" and Promoting the Unified and Regulated Enterprise Registration Regulation 

工商总局关于落实“证照分离”改革举措促进企业登记监管统一规范的指导意见

(No. 175 [2017] of the State Administration for Industry and Commerce) (工商企注字〔2017〕175号)

The administrations for industry and commerce and market regulation departments 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:
For the purposes of deepening the enterprise-related permit and business license reform, solving prominent problems confronting enterprises, including "easy business license but difficult permits" and "granting access but disallowing operation," and accelerating the creation of a stable, open, transparent, and foreseeable business environment, the State Council issued the Opinions on Advancing the Pilot Program of the Reform of "Separating Permits from Business Licenses" in a Larger Scope (No. 45 [2017], State Council) (hereinafter referred to as "Document No. 45"), and the following opinions on implementing the work requirements of the document, advancing the reform of "separating permits from business licenses" for enterprises (including individual industrial and commercial households and specialized farmer cooperatives, hereinafter referred to as "enterprises"), performing the duty of enterprise registration, strengthening interim and ex-post regulation and promoting the unified and regulated enterprise registration regulation. 为了深化涉企证照改革,破解企业面临的“办照容易办证难”“准入不准营”等突出问题,加快营造稳定公平透明、可预期的营商环境,国务院印发了《关于在更大范围推进“证照分离”改革试点工作的意见》(国发〔2017〕45号)(以下简称45号文件),现就落实文件工作要求,推进企业(含个体工商户、农民专业合作社,下称企业)“证照分离”改革,履行企业登记职责,加强事中事后监管、促进企业登记统一规范提出以下意见。
I. Conscientiously implementing all the measures for the reform of "separating permits from business licenses."   一、认真落实“证照分离”改革的各项举措
1. Establishing an enterprise-related permit and business license reform catalog administration mechanism. Industry and commerce and market regulation departments in all regions shall vigorously promote provincial people's governments to establish a provincial approval department communication and coordination work mechanism and issue and implement the reform measures based on the local actual circumstances. Industry and commerce and market regulation departments in all regions shall voluntarily connect themselves and communicate with the approval departments, sort out the matters of "separating permits from business licenses" from various perspectives, including approval departments, approval levels and relationship between permits and business licenses, and check the matters one by one with all departments. Industry and commerce and market regulation departments in all regions shall regulate the business scopes involving industry and commerce registration matters, form a Guiding Catalog for Registration of "Separating Permits from Business Licenses" Matters, and update the catalog in a timely manner with the change of "separating permits from business license" matters. In addition, industry and commerce and market regulation departments in all regions shall effectively update and issue an ex-ante approval catalog, ex-post approval catalog and catalog of integrated permits and business licenses in the reform of "integrating certificates into one" and gradually establish and improve an enterprise-related permit and business license catalog dynamic administration mechanism. 一是建立涉企证照改革目录管理工作机制。各地工商和市场监管部门要积极推动省级人民政府建立省级审批部门沟通与协调工作机制,根据本地区实际情况出台落实改革措施。要主动与审批部门对接沟通,从审批部门、审批层级、证照关系等多角度对“证照分离”事项进行梳理,与各部门逐项对表。要规范涉及工商登记事项的经营范围,形成《“证照分离”事项登记指导目录》,并根据“证照分离”事项调整情况及时调整目录内容。同时,要做好前置审批目录、后置审批目录和“多证合一”改革整合证照目录的更新和发布,逐步建立完善涉企证照目录动态化管理机制。
2. Effectively pushing the enterprise registration information to the government departments for sharing. Among "separating permits from business licenses" matters, for ex-post approval matters in industry and commerce registration, the industry and commerce and market regulation departments in all regions shall conscientiously and effectively perform the "double-notification" duty according to the requirements of the Opinions of the State Council on Strengthening Interim and Ex-post Regulation after the Reform of "Business Licenses before Permits" (No. 62 [2015], State Council); for matters which are neither ex-ante nor ex-post approval matters but which are directly related to the business scopes registered by enterprises, they may realize interconnection and sharing of information according to the requirements of the approval and competent departments; and they shall publish approval power which is vested in national approval departments at the national enterprise credit information publication system and enterprise information sharing platforms of the provincial people's governments to provide approval and regulation departments with easy access. 二是做好企业登记信息部门共享推送工作。“证照分离”事项中,属于工商登记后置审批事项的,各地工商和市场监管部门要按照《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)要求,认真履行好“双告知”职责;对于不属于前置审批和后置审批事项但与企业登记的经营范围有直接关系的事项,可按审批、主管部门要求实现信息互通共享;对于审批权限属于国家级审批部门的,要及时在国家企业信用信息公示系统、省级人民政府的企业信息共享平台发布,方便审批、监管部门查询获取。
3. Enhancing the collection and publication of departmental feedback information. All regions shall vigorously promote provincial people's governments to establish a departmental information feedback mechanism and coordinate the approval departments for providing feedback on the receipt after receiving the information of enterprise registration given by industry and commerce and market regulation departments. All approval departments shall be prompted, upon handling relevant permits for enterprises, to instantaneously provide industry and commerce and market regulation departments with the feedback on the permit handling through the national enterprise credit information publication system or enterprise information sharing platforms of the provincial people's governments. Industry and commerce and market regulation departments shall uniformly enter the feedback information under the name of each enterprise and realize "all-in" unified social credit codes of enterprises. 三是强化部门反馈信息归集和公示。各地要积极推动省级人民政府建立部门信息反馈机制,协调审批部门在收到工商和市场监管部门告知的企业登记信息后,及时反馈接收情况。推动各审批部门在为企业办理完毕相关许可证后,实时通过全国企业信用信息公示系统或省级人民政府的企业信息共享平台将办证信息反馈给工商和市场监管部门。工商和市场监管部门要将反馈信息统一归集到企业名下,实现企业统一社会信用代码的“一码贯通”。
II. Sorting out the relationship between permits and business licenses by law and strengthening the unified and regulated administration of business licenses.   二、依法理清证照关系,加强对营业执照的统一规范管理
Industry and commerce and market regulation departments in all regions shall profoundly grasp the reform spirit in advancing the reforms of "integrating certificates into one" and "separating permits from business licenses," strengthen the unified administration of business licenses, cooperate with relevant departments in the effective classification regulation of the various administrative licensing matters, effectively handle the relationship between business licenses and permits, and legally safeguard the authority, regulation and seriousness of business licenses. 各地工商和市场监管部门在推进“多证合一”和“证照分离”改革过程中要深刻领会改革精神,加强对营业执照的统一管理,配合相关部门做好各类行政许可事项的分类管理,处理好营业执照和许可证之间的关系,依法维护营业执照的权威性、规范性、严肃性。
1. Specifying the legal nature of business licenses. Business licenses are proof issued by enterprise registration departments according to the conditions and procedures specified by law to market participants and used to prove that they have the capacity for civil right and civil conduct, the sole legal proof that enterprises have qualifications as market participants, and the foundation and proof of enterprises' qualification to engage in operations general industries. Issuing business licenses means that market participants have qualifications as such participants and that they are qualified to engage in operations in general industries and have relevant capacity for rights and conduct. Hard-copy business licenses and electronic business licenses have the same legal effects. 一是明确营业执照的法律属性。营业执照是企业登记机关依照法律规定条件和程序,核发给市场主体用来证明其具有民事权利能力和民事行为能力的凭证,是企业具备市场主体资格的唯一合法凭证,也是企业从事一般行业营业资格的基础和凭证。营业执照的颁发既标志着市场主体具备了主体资格,也标志着其具备了从事一般行业经营活动的经营资格,具有相关权利能力及行为能力。纸质营业执照和电子营业执照具备同等法律效力。
2. Sorting out the relationship between business licenses and permits. Where the business scope which an enterprise applies to register includes operational items subject to ex-ante licensing, it shall have obtained a permit approved by the approval department before it files an application for business license with the enterprise registration department, and the enterprise registration department shall make registration according to the approval document and permit of the approval department. Where the business scope which an enterprise applies to register includes operational items subject to ex-post licensing, it shall have applied for a business license and obtained it from the enterprise registration department before an application for permit is filed with the approval department, and the enterprise may engage in the particular operation only after obtaining the approval of the approval department. The enterprise registration department shall indicate at the end of the business scope, "(For items required to be approved by law, operation may be conducted only with the approval of relevant departments.)" Enterprises may conduct general operations by business license, except in special regulated industries in which operations may be conducted only after the approval departments have given their approval and permits have been obtained, as required by the state's laws and administrative regulations and the State Council's decisions. 二是厘清营业执照与许可证的关系。企业申请登记的经营范围中属于前置许可经营项目的,应先行取得审批部门批准的许可证,再向企业登记机关申请营业执照,企业登记机关依照审批机关的批准文件、证件进行登记。企业申请登记的经营范围中属于后置许可经营项目的,依法先向企业登记机关申请取得营业执照,再向审批部门申请许可证,获得审批部门批准后,企业方可从事特定经营活动。企业登记机关在经营范围后标注“(依法须经批准的项目,经相关部门批准后方可开展经营活动)”。除国家法律、行政法规和国务院决定规定需经审批部门批准取得许可证后方可从事经营活动的特殊管制行业外,企业凭营业执照即可开展一般经营活动。
3. Unifying and improving the issuance and application of business licenses. Business licenses, as the identification proof and the qualification proof to engage in operations in general industries involving various market participants , need to maintain their stability and unity and are able, under unified administrative specifications and the regulation of administrative departments, to ensure their general admission across the country, truly play their fundamental role in the market economy as the "identification cards" of market participants, and realize that enterprises may "do business across the country with their business licenses." Industry and commerce and market regulation departments in all regions shall lawfully perform their functions as registration departments, uniformly issue business licenses containing unified social credit codes according to legal conditions and procedures, ensure the unification of administrative standards, format, and information items, and abstain from adjusting the format or increasing or decreasing the content contained in the business license without authorization.
......
 三是统一规范营业执照的签发应用。营业执照作为涉及各类市场主体的身份凭证和从事一般行业经营的资格凭证,需要保持其自身的稳定性和统一性,要在统一的管理规范和管理机构的规制下,才能保证营业执照具备全国范围的通用性,真正发挥营业执照作为市场主体“身份证”在市场经济中的基础性作用,实现企业“一照走天下”。各地工商和市场监管部门要依法履行登记机关职能,按照法定条件和程序,统一核发加载统一社会信用代码的营业执照,做到管理标准统一、执照样式统一、信息项目统一,不得擅自调整版式或增减《营业执照》的记载内容。
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