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| Guiding Opinions of the General Office of the State Council on Accelerating Development of the Financial Leasing Industry | | 国务院办公厅关于加快融资租赁业发展的指导意见 |
| (No. 68 [2015] Issued by the General Office the State Council) | | （国办发〔2015〕68号） |
| The People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government; the ministries and commissions under the State Council; and the institutions directly affiliated to 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： |
| Over recent years, China's financial leasing industry has achieved significant development, with remarkable promotion of the market size and competitiveness of enterprises thereof. It has played an important role in promoting industrial innovation and upgrade, expanding the channel of financing for medium-sized, small and micro enterprises, leading the development of emerging industries, promoting economic restructuring, etc. But generally speaking, the coverage of the various sectors of the national economy by financial leasing and its market penetration rate in China are far lower than those in developed countries, and there still exist outstanding problems in the development of the financial leasing industry that the management system is unsuitable, that laws and regulations thereon are incomplete, that the development environment is not perfect, etc. To further accelerate development of the financial leasing industry, and to better bring into play the role of financial leasing in providing service for development of the real economy and promoting stability, growth, systemic transformation and upgrade of the economy, the following Opinions, with the approval of the State Council, are hereby raised: | | 近年来，我国融资租赁业取得长足发展，市场规模和企业竞争力显著提高，在推动产业创新升级、拓宽中小微企业融资渠道、带动新兴产业发展和促进经济结构调整等方面发挥着重要作用。但总体上看，融资租赁对国民经济各行业的覆盖面和市场渗透率远低于发达国家水平，行业发展还存在管理体制不适应、法律法规不健全、发展环境不完善等突出问题。为进一步加快融资租赁业发展，更好地发挥融资租赁服务实体经济发展、促进经济稳定增长和转型升级的作用，经国务院同意，现提出以下意见。 |
| I. General Requirement | | 一、总体要求 |
| 1. Guiding ideology: In in-depth implementation of the spirit of the 18th National Congress of the Communist Party of China (CPC) and the 2nd, 3rd and 4th Plenary Sessions of the 18th CPC Central Committee, in earnest implementation of the relevant decisions and plans of the CPC Central Committee and the State Council, and in bringing into full play the decisive role of the market in the distribution of resources, the relevant laws and regulations and policy support system shall be improved, and in-process and follow-up supervision mechanisms shall be established and perfected, with a shift of the mode of development, and with establishment of a specialized, highly efficient, steady and well-regulated modern financial leasing system with complete support, with orderly competition and with international competitiveness, to guide financial leasing enterprises to provide service for development of the real economy, business startups and innovation by medium-sized, small and micro enterprises, systemic transformation and upgrade of industries, transfer of production capacities, etc, and to make contribution to developing an upgraded version of the Chinese economy. | | （一）指导思想。深入贯彻党的十八大和十八届二中、三中、四中全会精神，认真落实党中央、国务院的决策部署，充分发挥市场在资源配置中的决定性作用，完善法律法规和政策扶持体系，建立健全事中事后监管机制，转变发展方式，建立专业高效、配套完善、竞争有序、稳健规范、具有国际竞争力的现代融资租赁体系，引导融资租赁企业服务实体经济发展、中小微企业创业创新、产业转型升级和产能转移等，为打造中国经济升级版贡献力量。 |
| 2. Basic principles: Combination between the leading role of the market and government support shall be adhered to, with efforts focused on improving the development environment, to fully arouse the vigor and vitality of market players. Combination between development and regulation shall be adhered to, to guide enterprises to develop in accordance with law, in compliance with rules and in an orderly way. Combination between financing and assets leasing shall be adhered to, with promotion of the level of specialization, to provide service for development of the real economy. Combination between what is domestic and what is foreign shall be adhered to, and, while service is provided for the domestic market, overseas markets shall be vigorously developed. | | （二）基本原则。坚持市场主导与政府支持相结合，着力完善发展环境，充分激发市场主体活力；坚持发展与规范相结合，引导企业依法合规、有序发展；坚持融资与融物相结合，提高专业化水平，服务实体经济发展；坚持国内与国外相结合，在服务国内市场的同时，大力拓展海外市场。 |
| 3. Development objectives: By the year 2020, the coverage of the business of financial leasing shall have kept enlarging, and the penetration rate of the financial leasing market shall have been remarkably promoted and shall have become an important means for equipment investment and technology update by enterprises. Also by the year 2020, a number of leading enterprises that are outstanding in professional advantage, that are advanced in management and that are powerful in international competitiveness shall have basically formed; a unified, standard and effective in-process and follow-up supervision system shall have basically been established; the system of support by laws, regulations and policies shall have initially formed; and both the levels of the financial leasing market scale and competitiveness shall have ranked among the highest in the world. | | （三）发展目标。到2020年，融资租赁业务领域覆盖面不断扩大，融资租赁市场渗透率显著提高，成为企业设备投资和技术更新的重要手段；一批专业优势突出、管理先进、国际竞争力强的龙头企业基本形成，统一、规范、有效的事中事后监管体系基本建立，法律法规和政策扶持体系初步形成，融资租赁业市场规模和竞争力水平位居世界前列。 |
| II. Major Tasks | | 二、主要任务 |
| 4. Reform of systems and mechanisms inhibiting the development of financial leasing: | | （四）改革制约融资租赁发展的体制机制。 |
| Acceleration of promotion of streamlining of administration and devolution of power: There shall be further shift of the mode of management and simplification of the work procedure, to promote coordinated development of domestic and overseas financial leasing companies. Pilot free trade zones shall be supported in actively making exploration and launching pioneering operations and pilot projects in terms of financial leasing. No restriction of requiring a minimum amount of registered capital may be set on establishment of subsidiaries by financial leasing companies. Financial leasing companies shall be permitted to concurrently operate businesses of commercial factoring related to their main business operations. | | 加快推进简政放权。进一步转变管理方式，简化工作流程，促进内外资融资租赁公司协同发展。支持自由贸易试验区在融资租赁方面积极探索、先行先试。对融资租赁公司设立子公司，不设最低注册资本限制。允许融资租赁公司兼营与主营业务有关的商业保理业务。 |
| Rationalization of the system of management over the financial leasing sector: Overall management of the financial leasing sector shall be strengthened, and a system of management over the financial leasing sector with unified management of domestic- and foreign-funded businesses and systems of in-process and follow-up supervision and control thereof shall be established, to realize unification in terms of the scope of operation, trade rules, supervision and control indexes, submission of information, supervision, inspection, etc. Various types of social capital shall be guided and regulated in entry into the financial leasing sector, private capital shall be supported in initiating establishment of financial leasing companies, and independent third-party service institutions shall be supported in investing in establishing financial leasing companies, to promote multiplicity of investors therein. | | 理顺行业管理体制。加强行业统筹管理，建立内外资统一的融资租赁业管理制度和事中事后监管体系，实现经营范围、交易规则、监管指标、信息报送、监督检查等方面的统一。引导和规范各类社会资本进入融资租赁业，支持民间资本发起设立融资租赁公司，支持独立第三方服务机构投资设立融资租赁公司，促进投资主体多元化。 |
Improvement of management systems in the relevant fields: Management over qualification for operation in the relevant sectors shall be simplified, to reduce inhibition of development of financial leasing. Where import of leasehold property involves management of quotas, license, automatic import license, etc, under the premise that the lessee already has the relevant quotas, license or automatic import license, no additional qualification for purchase thereof by financial leasing companies shall be made. In accordance with the characteristics of financial leasing, application by financial leasing companies for license for trading in medical devices or for recordation thereof shall be facilitated. Except for circumstances otherwise stipulated by law or regulations, equipment obtained by lessees through financial leasing shall enjoy the same treatment as equipment purchased by them in terms of qualification accreditation. Financial leasing companies shall be supported in going through the formalities of registration of hypothecation or pledge of the relevant guaranties in transactions of financial leasing in accordance with law. Measures for management thereof shall be improved and innovated, to support operation of businesses of financial leasing. Management over transactions in motor vehicles and registration thereof shall be regulated, with simplification of the procedure for registration of transactions, to facilitate the processing of businesses by both parties in financial leasing. The system of registration of vessels shall be improved, and the procedure for recordation of border entry-exit of vessels shall be further simplified, to facilitate operation of the business of leasing of vessels by financial leasing companies. Where import or export of aircraft, vessels and large-sized equipment including ocean engineering structures by financial leasing enterprises registered in areas under special supervision and control by the Customs in the China (Guangdong) Pilot Free Trade Zone or the China (Tianjin) Pilot Free Trade Zone involves more than one Customs area, interregional delegation of supervision and control by the Customs shall be applied in accordance with the actual need of logistic distribution, under the premise of ensuring effective supervision and control and execution of the relevant existing taxation policies. In accordance with the relevant provisions, financial leasing companies with the will and conditions to be linked shall be included into basic databases of financial credit information, to realize financial leasing business credit information submission and inquiry.
．．．．．． | | 完善相关领域管理制度。简化相关行业资质管理，减少对融资租赁发展的制约。进口租赁物涉及配额、许可证、自动进口许可证等管理的，在承租人已具备相关配额、许可证、自动进口许可证的前提下，不再另行对融资租赁公司提出购买资质要求。根据融资租赁特点，便利融资租赁公司申请医疗器械经营许可或办理备案。除法律法规另有规定外，承租人通过融资租赁方式获得设备与自行购买设备在资质认定时享受同等待遇。支持融资租赁公司依法办理融资租赁交易相关担保物抵（质）押登记。完善和创新管理措施，支持融资租赁业务开展。规范机动车交易和登记管理，简化交易登记流程，便利融资租赁双方当事人办理业务。完善船舶登记制度，进一步简化船舶出入境备案手续，便利融资租赁公司开展船舶租赁业务。对注册在中国（广东）自由贸易试验区、中国（天津）自由贸易试验区海关特殊监管区域内的融资租赁企业进出口飞机、船舶和海洋工程结构物等大型设备涉及跨关区的，在确保有效监管和执行现行相关税收政策的前提下，按物流实际需要，实行海关异地委托监管。按照相关规定，将有接入意愿且具备接入条件的融资租赁公司纳入金融信用信息基础数据库，实现融资租赁业务的信用信息报送及查询。
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