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Guiding Opinions of the General Office of the State Council on Promoting the Well-regulated and Sound Development of the Platform Economy [Effective]
国务院办公厅关于促进平台经济规范健康发展的指导意见 [现行有效]
【法宝引证码】

Guiding Opinions of the General Office of the State Council on Promoting the Well-regulated and Sound Development of the Platform Economy 

国务院办公厅关于促进平台经济规范健康发展的指导意见

(No. 38 [2019] of the General Office of the State Council) (国办发〔2019〕38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:
The Internet platform economy is a new organizing method for productivity and new momentum for economic development and plays an important role in optimizing resource allocation, promoting industry-integrated development and entrepreneurship and innovation among all the people, furthering industry upgrading, expanding consumer markets, and especially increasing employment. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be adhered to as the guidance, the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee shall be thoroughly implemented, the reform of "simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services" shall continue to be deepened, better stimulating market vitality shall be centered on, the outstanding problems faced in the development of the platform economy shall be brought into focus, the laws and trends shall be followed, policy guidance, support and guarantee efforts shall be increased, regulatory concepts and methods shall be innovated, the requirements for inclusive and prudential regulation shall be implemented and improved, the establishment and improvement of a new regulatory mechanism in line with the development characteristics of the platform economy shall be promoted, and efforts shall be concentrated on creating a market environment for fair competition. For the purposes of promoting the well-regulated and sound development of the platform economy, the following opinions are hereby offered with the approval of the State Council. 互联网平台经济是生产力新的组织方式,是经济发展新动能,对优化资源配置、促进跨界融通发展和大众创业万众创新、推动产业升级、拓展消费市场尤其是增加就业,都有重要作用。要坚持以习近平新时代中国特色社会主义思想为指导,深入贯彻落实党的十九大和十九届二中、三中全会精神,持续深化“放管服”改革,围绕更大激发市场活力,聚焦平台经济发展面临的突出问题,遵循规律、顺势而为,加大政策引导、支持和保障力度,创新监管理念和方式,落实和完善包容审慎监管要求,推动建立健全适应平台经济发展特点的新型监管机制,着力营造公平竞争市场环境。为促进平台经济规范健康发展,经国务院同意,现提出以下意见。
I. Optimizing and improving market access conditions and reducing compliance costs for enterprises   一、

爬数据可耻

优化完善市场准入条件,降低企业合规成本
1. Advancing registration facilitation for market participants in relation to the platform economy. The domicile (place of business) registration conditions shall be relaxed, so that a business that conducts operating activities through an e-commerce platform may apply for becoming an individual industrial and commercial household by using the cyber-place of business provided by the platform. Regions shall be guided and supervised exploring the reform of "one business license, multiple addresses" and further simplifying the procedures for establishing branch offices of platform enterprises. Restriction on enterprise name registration in emerging industries shall be so relaxed as to allow Chinese characters and expressions that indicate the characteristics of new forms of business to be used as enterprise names. The standardization of registration of scope of business shall be advanced, and the scope of business indicating the characteristics of new forms of business shall be included in the scope of registration in a timely manner. (The State Administration for Market Regulation shall be responsible) (一)推进平台经济相关市场主体登记注册便利化。放宽住所(经营场所)登记条件,经营者通过电子商务类平台开展经营活动的,可以使用平台提供的网络经营场所申请个体工商户登记。指导督促地方开展“一照多址”改革探索,进一步简化平台企业分支机构设立手续。放宽新兴行业企业名称登记限制,允许使用反映新业态特征的字词作为企业名称。推进经营范围登记规范化,及时将反映新业态特征的经营范围表述纳入登记范围。(市场监管总局负责)
2. Reasonably establishing industry access provisions and permits. The access restrictions respecting integrated products and services shall be relaxed, so that the access of each relevant market participant shall be granted, as long as the laws and regulations are not violated. Administrative licensing, eligibility and qualifications, and other matters that limit the sound development of the platform economy shall be reviewed and regulated, and platforms that only provide information intermediary and trade matching services are not required in principle to apply for relevant business permits by analogy to in-platform businesses, except in financial, news, or other fields directly related to personal health, public security, or social stability, or for which the national policies establish separately provisions. (All relevant departments shall be respectively responsible based on their duties) Relevant regions shall be guided and supervised assessing the implementation of relevant policies in ride hailing, tourism and homestay, and other fields, optimizing and improving access conditions, approval procedures and services, and accelerating the compliance process of participants in the platform economy. (The Ministry of Transport, the Ministry of Culture and Tourism, and other relevant departments shall be respectively responsible based on their duties) For emerging industries that are still in the early stages of development and are conducive to promoting the shift from old to new impetus, an opportunity for a pilot program shall be given, and market access policies shall be prudentially issued. (All regions and departments shall be responsible) (二)合理设置行业准入规定和许可。放宽融合性产品和服务准入限制,只要不违反法律法规,均应允许相关市场主体进入。清理和规范制约平台经济健康发展的行政许可、资质资格等事项,对仅提供信息中介和交易撮合服务的平台,除直接涉及人身健康、公共安全、社会稳定和国家政策另有规定的金融、新闻等领域外,原则上不要求比照平台内经营者办理相关业务许可。(各相关部门按职责分别负责)指导督促有关地方评估网约车、旅游民宿等领域的政策落实情况,优化完善准入条件、审批流程和服务,加快平台经济参与者合规化进程。(交通运输部、文化和旅游部等相关部门按职责分别负责)对仍处于发展初期、有利于促进新旧动能转换的新兴行业,要给予先行先试机会,审慎出台市场准入政策。(各地区、各部门负责)
3. Accelerating the improvement of the system of standards for new forms of business. For some emerging industries that lack standards, relevant standards for products and services shall be developed and issued in a timely manner to provide guarantees for marketing new products and services. For some new forms of business well developed, leading enterprises and industry associations shall be encouraged to voluntarily formulate enterprise standards, participate in the formulation of industry standards, and improve product quality and service level. (The State Administration for Market Regulation shall take the lead, and all relevant departments shall be respectively responsible based on their duties) (三)加快完善新业态标准体系。对部分缺乏标准的新兴行业,要及时制定出台相关产品和服务标准,为新产品新服务进入市场提供保障。对一些发展相对成熟的新业态,要鼓励龙头企业和行业协会主动制定企业标准,参与制定行业标准,提升产品质量和服务水平。(市场监管总局牵头,各相关部门按职责分别负责)
II. Innovating regulatory concepts and methods and implementing inclusive and prudential regulation   二、创新监管理念和方式,实行包容审慎监管
1. Exploring impartial regulatory methods in line with the characteristics of new forms of business and conducive to fair competition. By the principle of encouraging innovation, regulatory rules and standards shall be developed by field, and sufficient space shall be reserved for the development of new forms of business on the premise of strictly holding the bottom line for security. If the future is utterly predictable, and a good momentum of development has been created, an appropriate regulatory mode shall be tailored by classification to avoid using old methods to manage new forms of business; if the future is unpredictable for the time being, a certain "observation period" shall be established to prevent the immediate imposition of a ban; and if there is a high potential risk, and serious adverse consequences may be caused, strict regulation shall be conducted; and illegal businesses shall be resolutely banned according to the law. All relevant departments shall consolidate regulatory responsibilities according to the laws and regulations, optimize institutional regulation, strengthen conduct regulation, promptly give early warning of potential risks, and discover and correct violations of the laws and regulations. (The National Development and Reform Commission, the Office of the Central Cyberspace Affairs Commission, the Ministry of Industry and Information Technology, the State Administration for Market Regulation, the Ministry of Public Security, and other relevant departments and all regions shall be respectively responsible based on their duties) (一)探索适应新业态特点、有利于公平竞争的公正监管办法。本着鼓励创新的原则,分领域制定监管规则和标准,在严守安全底线的前提下为新业态发展留足空间。对看得准、已经形成较好发展势头的,分类量身定制适当的监管模式,避免用老办法管理新业态;对一时看不准的,设置一定的“观察期”,防止一上来就管死;对潜在风险大、可能造成严重不良后果的,严格监管;对非法经营的,坚决依法予以取缔。各有关部门要依法依规夯实监管责任,优化机构监管,强化行为监管,及时预警风险隐患,发现和纠正违法违规行为。(发展改革委、中央网信办、工业和信息化部、市场监管总局、公安部等相关部门及各地区按职责分别负责)
2. Scientifically and reasonably defining the responsibilities of platforms. The corresponding responsibilities of platforms in verification of business information, quality of products and services, claims of platforms (including Apps), protection of consumer rights and interests, cybersecurity, data security, protection of labor rights and interests, and other aspects shall be specified, government departments' duties of supervision and law enforcement shall be enhanced, and the regulatory responsibilities that the government is required to assume may not be passed on to platforms. Consumers' right of choice shall be respected, and the mutual accessibility and interoperability of platforms shall be ensured. Platforms shall be allowed to explore different operating modes under the premise of compliant operations, the responsibilities of platforms and in-platform businesses shall be specified, the research on issuance of specific measures for due diligence excuse of platforms shall be accelerated, and the responsibilities of platforms shall be reasonably determined according to the law. Platforms shall be encouraged to diversify risks by purchasing insurance products so as to better protect the rights and interests of all parties. (All relevant departments shall be respectively responsible based on their duties) (二)科学合理界定平台责任。明确平台在经营者信息核验、产品和服务质量、平台(含APP)索权、消费者权益保护、网络安全、数据安全、劳动者权益保护等方面的相应责任,强化政府部门监督执法职责,不得将本该由政府承担的监管责任转嫁给平台。尊重消费者选择权,确保跨平台互联互通和互操作。允许平台在合规经营前提下探索不同经营模式,明确平台与平台内经营者的责任,加快研究出台平台尽职免责的具体办法,依法合理确定平台承担的责任。鼓励平台通过购买保险产品分散风险,更好保障各方权益。(各相关部门按职责分别负责)
3. Maintaining the market order for fair competition. Provisions on the supervision and administration of online trading shall be developed and issued, illegal conduct in the Internet field such as limiting trading by abusing a dominant position in the market and unfair competition shall be investigated and punished in accordance with the law, and platforms shall be strictly prohibited from unilaterally entering into an exclusive contract for supply of services, so as to ensure that platform economy-related market participants participate in market competition fairly. The market price order shall be maintained, regulatory measures shall be developed based on the characteristics of price-related illegal conduct in the Internet field, the conduct of platforms and in-platform businesses such as price marking and price promotions shall be regulated, and enterprises shall be guided in operating in compliance with the laws and regulations. (The State Administration for Market Regulation shall be responsible) (三)维护公平竞争市场秩序。制定出台网络交易监督管理有关规定,依法查处互联网领域滥用市场支配地位限制交易、不正当竞争等违法行为,严禁平台单边签订排他性服务提供合同,保障平台经济相关市场主体公平参与市场竞争。维护市场价格秩序,针对互联网领域价格违法行为特点制定监管措施,规范平台和平台内经营者价格标示、价格促销等行为,引导企业合法合规经营。(市场监管总局负责)
4. Establishing and improving a coordinated regulatory mechanism. In line with the cross-industry and cross-regional characteristics of new forms of business, coordination among regulatory authorities, regional coordination, and central and local coordination shall be strengthened, and the role of inter-ministerial joint meeting mechanisms such as "Internet plus" action, online market regulation, protection of consumer rights and interests, and coordinated regulation of new forms of transport business shall be maximized, so as to improve regulatory efficacy. (The National Development and Reform Commission, the State Administration for Market Regulation, the Ministry of Transport, and other relevant departments shall be respectively responsible based on their duties) Efforts to coordinate the investigation and handling of cross-regional network cases shall be increased, and information exchange and mutual assistance in law enforcement shall be strengthened, so as to join regulatory forces. Industry associations, chambers of commerce, and other social organizations shall be encouraged to issue industry standards of services and self-regulatory conventions, carry out dispute resolution and credit evaluation, and build a regulatory structure of diversified and joint governance. (All regions and relevant departments shall be respectively responsible based on their duties) (四)建立健全协同监管机制。适应新业态跨行业、跨区域的特点,加强监管部门协同、区域协同和央地协同,充分发挥“互联网+”行动、网络市场监管、消费者权益保护、交通运输新业态协同监管等部际联席会议机制作用,提高监管效能。(发展改革委、市场监管总局、交通运输部等相关部门按职责分别负责)加大对跨区域网络案件查办协调力度,加强信息互换、执法互助,形成监管合力。鼓励行业协会商会等社会组织出台行业服务规范和自律公约,开展纠纷处理和信用评价,构建多元共治的监管格局。(各地区、各相关部门按职责分别负责)
5. Vigorously advancing "Internet plus regulation." Relying on the national "Internet plus regulation" and other systems, connection between regulatory platforms and enterprises' platforms shall be promoted, and the analysis and comparison of transaction, payment, logistics, travel, and other third-party data shall be strengthened, and information monitoring, online evidence preservation, online identification, and source tracing shall be conducted, so as to enhance the capabilities to discover and identify industry risks and leads to illegality and achieve management of networks by networks and online and offline integrated regulation. (The General Office of the State Council, the State Administration for Market Regulation, and other relevant departments shall be respectively responsible based on their duties) According to the credit ratings and risk types of platforms, differentiated regulation shall be implemented, the frequency of inspection shall be appropriately reduced if the risk is relatively low, and the credit standing is good, and the frequency and intensity of inspection shall be increased if the risk is relatively high, or the credit standing is poor. (All relevant departments shall be respectively responsible based on their duties) (五)积极推进“互联网+监管”。依托国家“互联网+监管”等系统,推动监管平台与企业平台联通,加强交易、支付、物流、出行等第三方数据分析比对,开展信息监测、在线证据保全、在线识别、源头追溯,增强对行业风险和违法违规线索的发现识别能力,实现以网管网、线上线下一体化监管。(国务院办公厅、市场监管总局等相关部门按职责分别负责)根据平台信用等级和风险类型,实施差异化监管,对风险较低、信用较好的适当减少检查频次,对风险较高、信用较差的加大检查频次和力度。(各相关部门按职责分别负责)
III. Encouraging the development of new forms of business in relation to the platform economy and accelerating the cultivation of new growth points   三、土豪我们做朋友好不好鼓励发展平台经济新业态,加快培育新的增长点
1. Vigorously developing the "Internet plus service sector." Social capital shall be supported in entering Internet-based medical care and health, education and training, home elderly care, culture, tourism, sports, and other emerging service fields, improving and upgrading education, medical care, and other network infrastructure, and expanding the supply of quality services, so as to meet the multi-level and diverse needs of the public. Platforms shall be encouraged to further expand the scope of services, strengthen brand building, improve service quality, develop new forms of services facilitative to the public, extend the industry chain, and drive expansion of employment. Commodity exchanges shall be encouraged to improve their capability to innovate circulation and promote better connection between production and sale, in compliance with the new trends and requirements of the development of the platform economy. (The Ministry of Education, the Ministry of Civil Affairs, the Ministry of Commerce, the Ministry of Culture and Tourism, the Health Commission, the General Administration of Sport of China, the Ministry of Industry and Information Technology, and other relevant departments shall be respectively responsible based on their duties) (一)积极发展“互联网+服务业”。支持社会资本进入基于互联网的医疗健康、教育培训、养老家政、文化、旅游、体育等新兴服务领域,改造提升教育医疗等网络基础设施,扩大优质服务供给,满足群众多层次多样化需求。鼓励平台进一步拓展服务范围,加强品牌建设,提升服务品质,发展便民服务新业态,延伸产业链和带动扩大就业。鼓励商品交易市场顺应平台经济发展新趋势、新要求,提升流通创新能力,促进产销更好衔接。(教育部、民政部、商务部、文化和旅游部、卫生健康委、体育总局、工业和信息化部等相关部门按职责分别负责)
2. Vigorously developing "Internet plus production." To meet the needs of industry upgrading, the deep integration of Internet platforms with industrial and agricultural production shall be promoted, production technology shall be improved, innovative service capabilities shall be heightened, the application of the Internet of Things and big data in the real economy shall be vigorously promoted, the development of the digital economy and the digital industry shall be furthered, and intelligent manufacturing and service-oriented manufacturing shall be advanced in depth. The innovative development of the industrial Internet shall be advanced in depth, the construction and extensive application of cross-industry, cross-field, and enterprise-grade industrial Internet platforms shall be accelerated, the wide-ranging interconnection and interoperability between various production equipment and information systems shall be achieved, the integration and sharing of manufacturing resources and data, among others, shall be advanced, and the integrated development of the primary, secondary, and tertiary industries and small, medium, and large-sized enterprises shall be facilitated. (The Ministry of Industry and Information Technology, the Ministry of Agriculture and Rural Affairs, and other relevant departments shall be respectively responsible based on their duties) (二)大力发展“互联网+生产”。适应产业升级需要,推动互联网平台与工业、农业生产深度融合,提升生产技术,提高创新服务能力,在实体经济中大力推广应用物联网、大数据,促进数字经济和数字产业发展,深入推进智能制造和服务型制造。深入推进工业互联网创新发展,加快跨行业、跨领域和企业级工业互联网平台建设及应用普及,实现各类生产设备与信息系统的广泛互联互通,推进制造资源、数据等集成共享,促进一二三产业、大中小企业融通发展。(工业和信息化部、农业农村部等相关部门按职责分别负责)
3. Profoundly advancing "Internet plus entrepreneurship and innovation." The creation of an upgraded version of "entrepreneurship and innovation among all the people" shall be accelerated, the all-round service system for entrepreneurship and innovation in reliance on Internet platforms shall be improved, online and offline benign interaction and the organic combination of entrepreneurship and innovation resources shall be achieved, and platforms shall be encouraged to crowdsource innovation tasks, open more shared resources to small and medium-sized enterprises, and support small and medium-sized enterprises in innovating technology, products, management modes, and business models, among others, so as to further enhance the effectiveness of entrepreneurship and innovation. (The National Development and Reform Commission shall take the lead, and all relevant departments shall be respectively responsible based on their duties) (三)深入推进“互联网+创业创新”。加快打造“双创”升级版,依托互联网平台完善全方位创业创新服务体系,实现线上线下良性互动、创业创新资源有机结合,鼓励平台开展创新任务众包,更多向中小企业开放共享资源,支撑中小企业开展技术、产品、管理模式、商业模式等创新,进一步提升创业创新效能。(发展改革委牵头,各相关部门按职责分别负责)
4. Strengthening the building of network support capacity. The "Broadband China" Strategy shall be implemented in depth, the construction of 5G and other new-generation information infrastructure shall be accelerated, network performance and speed shall be optimized and improved, the construction of the next-generation Internet, radio and television networks, and Internet of Things shall be advanced, and the average tariff level of broadband for small and medium-sized enterprises shall be further reduced, so as to provide strong support for the development of the platform economy. (The Ministry of Industry and Information Technology, the National Development and Reform Commission, and other relevant departments shall be respectively responsible based on their duties) (四)加强网络支撑能力建设。深入实施“宽带中国”战略,加快5G等新一代信息基础设施建设,优化提升网络性能和速率,推进下一代互联网、广播电视网、物联网建设,进一步降低中小企业宽带平均资费水平,为平台经济发展提供有力支撑。(工业和信息化部、发展改革委等相关部门按职责分别负责)
IV. Optimizing the environment for the development of the platform economy and consolidating the foundation for the growth of new forms of business   四、优化平台经济发展环境,夯实新业态成长基础
1. Strengthening data sharing between government departments and platforms. Relying on the National Integrated Online Government Service Platform, the National "Internet plus Regulation" System, the National Data Sharing Exchange Platform, the National Credit Information Sharing Platform, and the National Enterprise Credit Information Publicity System, the basic information of market participants and various types of enterprise-related licensing information shall be further gathered, and an endeavor shall be made to launch an electronic permits and business licenses sharing service system on the National Integrated Online Government Service Platform in 2019 to provide service guarantees for platforms to verify the qualification information of businesses and other participants in accordance with the laws and regulations. (The General Office of the State Council, the National Development and Reform Commission, and the State Administration for Market Regulation shall be respectively responsible based on their duties) Data sharing between departments shall be strengthened to prevent government departments at all levels from requesting data from platforms. (The National Development and Reform Commission, the Office of the Central Cyberspace Affairs Commission, the State Administration for Market Regulation, the General Office of the State Council, and other relevant departments shall be respectively responsible based on their duties) The two-way circulation mechanism for government and enterprise data shall remain unimpeded, an list for opening government data shall be developed and released, the establishment of rules and procedures for recognition of rights, circulation, trading, application, and development of data resources shall be explored, and data privacy protection and security management shall be strengthened. (The National Development and Reform Commission, the Office of the Central Cyberspace Affairs Commission, and other relevant departments and all regions shall be respectively responsible based on their duties) (一)加强政府部门与平台数据共享。依托全国一体化在线政务服务平台、国家“互联网+监管”系统、国家数据共享交换平台、全国信用信息共享平台和国家企业信用信息公示系统,进一步归集市场主体基本信息和各类涉企许可信息,力争2019年上线运行全国一体化在线政务服务平台电子证照共享服务系统,为平台依法依规核验经营者、其他参与方的资质信息提供服务保障。(国务院办公厅、发展改革委、市场监管总局按职责分别负责)加强部门间数据共享,防止各级政府部门多头向平台索要数据。(发展改革委、中央网信办、市场监管总局、国务院办公厅等相关部门按职责分别负责)畅通政企数据双向流通机制,制定发布政府数据开放清单,探索建立数据资源确权、流通、交易、应用开发规则和流程,加强数据隐私保护和安全管理。(发展改革委、中央网信办等相关部门及各地区按职责分别负责)
2. Promoting the improvement of the social credit system. Efforts to open the National Credit Information Sharing Platform shall be increased, credit information which may be disclosed to the public shall be shared with relevant enterprises according to the law, and platforms shall be supported in improving their management level. Platform data shall be used to supplement and improve information in the existing credit system and strengthen the constraint on and punishment of dishonest entities in the platforms. (The National Development and Reform Commission and the State Administration for Market Regulation shall be responsible) The credit system for new forms of business shall be improved, and identity authentication, two-way comments, credit management, and other mechanisms shall be established and improved in ride hailing, shared bicycle, time-divided car leasing, and other fields, so as to regulate the conduct of participants in the platform economy. (The National Development and Reform Commission, the Ministry of Transport, and other relevant departments shall be respectively responsible based on their duties) (二)推动完善社会信用体系。加大全国信用信息共享平台开放力度,依法将可公开的信用信息与相关企业共享,支持平台提升管理水平。利用平台数据补充完善现有信用体系信息,加强对平台内失信主体的约束和惩戒。(发展改革委、市场监管总局负责)完善新业态信用体系,在网约车、共享单车、汽车分时租赁等领域,建立健全身份认证、双向评价、信用管理等机制,规范平台经济参与者行为。(发展改革委、交通运输部等相关部门按职责分别负责)
3. Creating a good policy environment. All regions and departments shall fully listen to the demands of participants in the platform economy and research and propose solutions in a targeted manner, so as to provide strong guarantees for platforms' innovative development and generation of employment. (All regions and departments shall be responsible) A national unified electronic invoice public service platform will be established before the end of 2019 to provide services to issue electronic plain value-added tax invoices free of charge, and the research on advancing the work of electronic special value-added tax invoices shall be accelerated. (The State Taxation Administration shall be responsible) Supporting rules relating to public disclosure of information and sporadic small transactions, among others, in the implementation of the E-commerce Law shall be developed as soon as possible. (The Ministry of Commerce, the State Administration for Market Regulation, and the Ministry of Justice shall be respectively responsible based on their duties) Banking financial institutions shall be encouraged to innovate and develop financial products and services that meet the financing needs of platform economy-related enterprises, based on the Internet, big data, and other technical means, so as to provide support for the development of the platform economy. Internet platforms with strength and good conditions shall be allowed to apply for qualification as sideline insurance agency. (Relevant departments including the China Banking and Insurance Regulatory Commission shall be respectively responsible based on their duties) International exchanges and cooperation in the regulation of and services for the platform economy shall be promoted, and the communication of policies shall be strengthened, so as to create good external conditions for platform enterprises to head overseas. (The Ministry of Commerce and other relevant departments shall be respectively responsible based on their duties) (三)营造良好的政策环境。各地区各部门要充分听取平台经济参与者的诉求,有针对性地研究提出解决措施,为平台创新发展和吸纳就业提供有力保障。(各地区、各部门负责)2019年底前建成全国统一的电子发票公共服务平台,提供免费的增值税电子普通发票开具服务,加快研究推进增值税专用发票电子化工作。(税务总局负责)尽快制定电子商务法实施中的有关信息公示、零星小额交易等配套规则。(商务部、市场监管总局、司法部按职责分别负责)鼓励银行业金融机构基于互联网和大数据等技术手段,创新发展适应平台经济相关企业融资需求的金融产品和服务,为平台经济发展提供支持。允许有实力有条件的互联网平台申请保险兼业代理资质。(银保监会等相关部门按职责分别负责)推动平台经济监管与服务的国际交流合作,加强政策沟通,为平台企业走出去创造良好外部条件。(商务部等相关部门按职责分别负责)
V. Effectively protecting the lawful rights and interests of participants in the platform economy and strengthening legal guarantees for the development of the platform economy   五、切实保护平台经济参与者合法权益,强化平台经济发展法治保障
1. Protecting the rights and interests of platforms, in-platform businesses, and platform employees, among others. Platforms shall be supervised establishing and improving trading rules and service agreements in accordance with the principles of openness, fairness, and impartiality, specifying provisions on joining and leaving the platforms, guarantees of the quality safety of goods and services, protection of the rights and interests of platform employees, and protection of the rights and interests of consumers, among others. (The Ministry of Commerce and the State Administration for Market Regulation shall take the lead, and all relevant departments shall be respectively responsible based on their duties) The improvement of the social security policies for employees of platform enterprises, flexibly employed personnel, and other employees shall be researched without delay, the pilot program of occupational injury protection shall be launched, the plan for social security for the whole people shall be vigorously advanced, and more platform employees shall be directed to participate in the social security. Vocational skills training for platform employees shall be strengthened, and they shall be included in the vocational skills improvement action. (The Ministry of Human Resources and Social Security shall be responsible) The awareness of intellectual property protection shall be enhanced. Cyber-frauds and extortion in the name of "combating counterfeits" shall be punished in accordance with the law. (The State Administration for Market Regulation and the National Intellectual Property Administration shall be respectively responsible based on their duties) (一)保护平台、平台内经营者和平台从业人员等权益。督促平台按照公开、公平、公正的原则,建立健全交易规则和服务协议,明确进入和退出平台、商品和服务质量安全保障、平台从业人员权益保护、消费者权益保护等规定。(商务部、市场监管总局牵头,各相关部门按职责分别负责)抓紧研究完善平台企业用工和灵活就业等从业人员社保政策,开展职业伤害保障试点,积极推进全民参保计划,引导更多平台从业人员参保。加强对平台从业人员的职业技能培训,将其纳入职业技能提升行动。(人力资源社会保障部负责)强化知识产权保护意识。依法打击网络欺诈行为和以“打假”为名的敲诈勒索行为。(市场监管总局、知识产权局按职责分别负责)
2. Strengthening the protection of the rights and interests of consumers in the field of the platform economy. Platforms shall be supervised establishing and improving a consumer complaint and reporting mechanism, releasing complaint and reporting phone numbers, ensuring that complaint and reporting calls are answered, establishing an information sharing mechanism with the complaint and reporting platforms of the market regulatory authorities, and promptly accepting and handling complaints and reports, and industry organizations shall be encouraged to establish third-party platforms for consumer complaints and enforcement of rights according to the laws and regulations. Platforms shall be encouraged to establish an online dispute resolution mechanism and develop and publish rules of dispute resolution. The divulgence and abuse of user information and other conduct that harms consumers' rights and interests shall be strictly combated in accordance with the law. (Relevant departments such as the State Administration for Market Regulation shall be respectively responsible based on their duties) (二)加强平台经济领域消费者权益保护。督促平台建立健全消费者投诉和举报机制,公开投诉举报电话,确保投诉举报电话有人接听,建立与市场监管部门投诉举报平台的信息共享机制,及时受理并处理投诉举报,鼓励行业组织依法依规建立消费者投诉和维权第三方平台。鼓励平台建立争议在线解决机制,制定并公示争议解决规则。依法严厉打击泄露和滥用用户信息等损害消费者权益行为。(市场监管总局等相关部门按职责分别负责)
3. Improving the relevant laws and regulations of the platform economy. The revision of relevant laws, regulations, and policies not adaptable to the development of the platform economy shall be promoted in a timely manner, and the removal of system and mechanism barriers that restrict the development of the platform economy shall be accelerated. (The Ministry of Justice and other relevant departments shall be respectively responsible based on their duties) (三)完善平台经济相关法律法规。及时推动修订不适应平台经济发展的相关法律法规与政策规定,加快破除制约平台经济发展的体制机制障碍。(司法部等相关部门按职责分别负责)
For Internet platforms relating to the financial field, the market access administration and interim and ex-post regulation of their financial business shall be governed by the laws, regulations and relevant provisions. For establishing financial institutions, engaging in financial activities, providing financial information intermediary and trade matching services, access administration shall be accepted in accordance with the law. 涉及金融领域的互联网平台,其金融业务的市场准入管理和事中事后监管,按照法律法规和有关规定执行。设立金融机构、从事金融活动、提供金融信息中介和交易撮合服务,必须依法接受准入管理。
All regions and departments shall fully understand the importance of promoting the well-regulated and sound development of the platform economy, ensure implementation in accordance with the division of duties, consolidate work responsibilities, improve working mechanisms, closely cooperate and collaborate, effectively solve the outstanding problems faced in the development of the platform economy, promote the timely and effective implementation of all policies and measures, and report major situation to the State Council in a timely manner. 各地区、各部门要充分认识促进平台经济规范健康发展的重要意义,按照职责分工抓好贯彻落实,压实工作责任,完善工作机制,密切协作配合,切实解决平台经济发展面临的突出问题,推动各项政策措施及时落地见效,重大情况及时报国务院。
General Office of the State Council 国务院办公厅
August 1, 2019 2019年8月1日
     
     
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