|
|
|
|
|
|
|
Notice of the State Council on Promoting the Reform of “Separating Permits from Business Licenses” Nationwide | | 国务院关于在全国推开“证照分离”改革的通知 |
(No. 35 [2018] of the State Council) | | (国发〔2018〕35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: |
Since the pilot program of the reform of “separating permits from business licenses” was implemented in Shanghai Pudong New Area and replicated and promoted to a larger extent, institutional transaction costs of enterprises have been effectively reduced, and remarkable results have been achieved. For purposes of further solving the issue of “granting access but disallowing operations,” stimulating the vitality of market participants, accelerating the advancement of the profound transformation of government functions, and creating a law-based, international and facilitated business environment, the State Council has decided to expand the reform of “separating permits from business licenses” throughout the country on the basis of the pilot program at the early stage. You are hereby notified of the relevant matters as follows: | | “证照分离”改革在上海市浦东新区试点并在更大范围复制推广以来,有效降低了企业制度性交易成本,取得了显著成效。为进一步破解“准入不准营”问题,激发市场主体活力,加快推进政府职能深刻转变,营造法治化、国际化、便利化的营商环境,在前期试点基础上,国务院决定在全国推开“证照分离”改革。现就有关事项通知如下: |
I. Overall Requirements | | 一、总体要求 |
(1) Guiding thoughts. | | (一)指导思想。 |
The spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee shall be implemented comprehensively; the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era shall be adhered to; the new development concept shall be firmly established and implemented in accordance with the decisions and arrangements of the CPC Central Committee and the State Council; and, by closely centering on “simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services,” the requirements of the reform of “separating permits from business licenses” shall be implemented, the relationship between the government and market shall be further clarified, approval methods shall be reformed in an all-round manner, enterprise-related permits and business licenses shall be streamlined, the comprehensive interim and ex-post regulation shall be strengthened, and government administration modes shall be innovated so as to further create a stable, fair, transparent and predictable market access environment, fully unleash market vitality and drive high-quality economic development. | | 全面贯彻党的十九大和十九届二中、三中全会精神,坚持以习近平新时代中国特色社会主义思想为指导,按照党中央、国务院决策部署,牢固树立和贯彻落实新发展理念,紧紧围绕简政放权、放管结合、优化服务,落实“证照分离”改革要求,进一步厘清政府与市场关系,全面改革审批方式,精简涉企证照,加强事中事后综合监管,创新政府管理方式,进一步营造稳定、公平、透明、可预期的市场准入环境,充分释放市场活力,推动经济高质量发展。 |
(2) Basic principles. | | (二)基本原则。 |
—Highlighting the reduction of permits after issuance of a business license, and reducing and combining permits as far as possible. Unless major public interests, such as national security, public security, finance security, ecological security or public health, are involved, appropriate administration methods shall be adopted respectively to separate “permits” in the licensing category, reduce the issuance of permits upon approval as far as possible, effectively distinguish the functions of “permits” and “business licenses,” and focus on solving the difficult problem of “granting access but disallowing operations,” | | --突出照后减证,能减尽减,能合则合。除涉及国家安全、公共安全、金融安全、生态安全和公众健康等重大公共利益外,分别采用适当管理方式将许可类的“证”分离出来,尽可能减少审批发证,有效区分“证”、“照”功能,着力破解“准入不准营”难题。 |
—Achieving the integration decentralization with appropriate control, equal importance attached to decentralization and appropriate control, and easy access and strict regulation. The powers that should bedelegated to the marketor general public shall be decentralized sufficiently and effectively, and the matters that should be administered by governments shall be administered properly and effectively. Combining decentralization with appropriate control shall be always put in a prominent place; the effective connection between approval and regulation shall be ensured; ex ante approval shall change to intensified interim and ex-post regulation; and comprehensive regulation shall be strengthened. | | --做到放管结合,放管并重,宽进严管。该放给市场和社会的权一定要放足、放到位,该政府管的事一定要管好、管到位。始终把放管结合置于突出位置,做好审批和监管的有效衔接,从事前审批向强化事中事后监管转变,加强综合监管。 |
—Adhering to making reform according to law and ensuring that the reform is made on legal basis and is advanced in a steady manner. Top-level designs shall be made effectively; the adoption of the reform modes, such as direct cancellation of approval, replacement of approval with recordation, the implementation of the notification and commitment system, and optimization of access services for enterprise-related administrative approval items, etc., shall be boosted according to law; and laws, administrative regulations, decisions of the State Council and relevant rules, if involving any amendments, may not be implemented until they are amended under the statutory procedures. | | --坚持依法改革,于法有据,稳妥推进。做好顶层设计,依法推动对涉企行政审批事项采取直接取消审批、审批改为备案、实行告知承诺、优化准入服务等改革方式,涉及修改法律、行政法规、国务院决定及相关规章的,要按法定程序修改后实施。 |
(3) Work objectives. | | (三)工作目标。 |
Beginning on November 10, 2018, the first group of 106 enterprise-related administrative approval items shall be subject to the reform of “separating permits from business licenses” nationwide respectively in four methods, namely, direct cancellation of approval, replacement of approval with recordation, the implementation of the notification and commitment system, and optimization of access services. Interim and ex-post regulation shall be strengthened; the interdepartmental information sharing, collaborative regulation and joint reward and punishment mechanisms shall be established to form a whole-process regulation system. A long-term mechanism shall be established; the reforms of enterprise-related administrative approval items under the authority of the Central Government and of local governments shall be explored and boosted simultaneously, and whenever a group of practices are proven mature, they shall be replicated and promoted, so as to gradually reduce enterprise-related administrative approval items; the reform of “separating permits from business licenses” shall be expanded nationwide in an orderly manner; and all administrative approval items involving market access shall be subject to categorized administration in the manner of reform of “separating permits from business licenses,” and full coverage shall be achieved so as to facilitate the access of enterprises to the market. | | 2018年11月10日起,在全国范围内对第一批106项涉企行政审批事项分别按照直接取消审批、审批改为备案、实行告知承诺、优化准入服务等四种方式实施“证照分离”改革。加强事中事后监管,建立部门间信息共享、协同监管和联合奖惩机制,形成全过程监管体系。建立长效机制,同步探索推进中央事权与地方事权的涉企行政审批事项改革,做到成熟一批复制推广一批,逐步减少涉企行政审批事项,在全国有序推开“证照分离”改革,对所有涉及市场准入的行政审批事项按照“证照分离”改革模式进行分类管理,实现全覆盖,为企业进入市场提供便利。 |
II. Key Contents | | 二、重点内容 |
(1) Clarifying how to reform. | | (一)明确改革方式。 |
The administrative approval items related to enterprises (including individual industrial and commercial households and farmers' professional cooperatives) included in the scope of the reform of “separating permits from business licenses” shall be administered respectively in the following four methods: ...... | | 对纳入“证照分离”改革范围的涉企(含个体工商户、农民专业合作社)行政审批事项分别采取以下四种方式进行管理。 ...... |
| Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【¥2200.00】 for your single purchase. | | 您好:您现在要进入的是北大法宝英文库会员专区。 如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容。 Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153 Mobile: +86 13311570713 Fax: +86 (10) 82668268 E-mail:info@chinalawinfo.com |
| | | | | |
|
Scan QR Code and Read on Mobile
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|