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| Implementation Opinions of the General Office of the State Council on Further Optimizing the Business Environment and Better Serving Market Participants | | 国务院办公厅关于进一步优化营商环境更好服务市场主体的实施意见 |
| (No. 24 [2020] of the General Office of the State Council) | | （国办发〔2020〕24号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; and all the ministries and commissions of the State Council and all the 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 CPC Central Committee and the State Council attach great importance to deepening the reform of “simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services” and optimizing the business environment. In recent years, China's business environment has improved significantly, but there are still some shortcomings, weaknesses, and especially the prominent difficulties enterprises have arising from the impact of the COVID-19 outbreak, among others, creating an urgent need to further focus on the concerns of market participants, benchmark international advanced levels, concentrate on the present with a long-term view, use more reform methods to solve the problems in the production and operation of enterprises, strengthen services for market participants, and accelerate the creation of a market-oriented, law-based, and international business environment. Those are important footholds to effectively conduct "six-sphere stabilization" work and implement the “six-sphere guarantee” task. For the purposes of continuing to deepen the reform of “simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services” and optimize the business environment, better stimulating market vitality, and strengthening the intrinsic driving force for development, the following opinions are hereby offered with the approval of the State Council. | | 党中央、国务院高度重视深化“放管服”改革优化营商环境工作。近年来，我国营商环境明显改善，但仍存在一些短板和薄弱环节，特别是受新冠肺炎疫情等影响，企业困难凸显，亟需进一步聚焦市场主体关切，对标国际先进水平，既立足当前又着眼长远，更多采取改革的办法破解企业生产经营中的堵点痛点，强化为市场主体服务，加快打造市场化法治化国际化营商环境，这是做好“六稳”工作、落实“六保”任务的重要抓手。为持续深化“放管服”改革优化营商环境，更大激发市场活力，增强发展内生动力，经国务院同意，现提出以下意见。 |
| I. Continuing to improve the facilitation of investment in construction | | 一、持续提升投资建设便利度 |
| 1. Optimizing and reshaping the preliminary approval process for investment projects. Starting from successfully handling "one matter" in the early stages of projects, the working mechanism for departmental collaboration shall be improved, the connection of project proposals with land use, planning, and other construction conditions shall be strengthened, and regions with good conditions shall be prompted to permit any project entity to prepare and submit one set of materials in relation to the project feasibility study, pre-examination of land use, siting, environmental impact assessment, safety assessment, assessment of water and soil conservation, assessment of superimposition on important mineral resources, and other matters and enable government departments to accept, evaluate, approve, and provide feedback on the materials in a unified manner, so as to expedite the implementation of projects. The approval process of the National Online Approval and Regulation Platform for Investment Projects shall be optimized so as to achieve online printing of approval documents, among others. (The National Development and Reform Commission shall take the lead, and the relevant departments of the State Council and all regions shall be responsible according to the division of functions) | | （一）优化再造投资项目前期审批流程。从办成项目前期“一件事”出发，健全部门协同工作机制，加强项目立项与用地、规划等建设条件衔接，推动有条件的地方对项目可行性研究、用地预审、选址、环境影响评价、安全评价、水土保持评价、压覆重要矿产资源评估等事项，实行项目单位编报一套材料，政府部门统一受理、同步评估、同步审批、统一反馈，加快项目落地。优化全国投资项目在线审批监管平台审批流程，实现批复文件等在线打印。（国家发展改革委牵头，国务院相关部门及各地区按职责分工负责） |
| 2. Further improving the approval efficiency of works construction projects. The management of works construction projects by grades and classifications shall be fully implemented so that under the premise of ensuring safety, for small and low-risk privately invested construction, conversion, and expansion projects, government departments release unified conditions for enterprises to commence work, and enterprises may commence work on projects when the government directly issues relevant certificates after the enterprises have given relevant undertakings upon acquisition of land and satisfaction of conditions for commencement of work. The promotion of online approval of works construction projects throughout the process shall be accelerated, and the real-time sharing of data between the approval and management systems of works construction projects on one side and investment approval, planning, fire protection, and other management systems shall be advanced, so as to achieve one-time submission of information, one-time uploading of materials, and instant push of relevant review opinions and approval results. Before the end of 2020, administrative licensing, filing, evaluation and review, intermediary services, and utility services in relation to the approval of works construction projects will be included in online platforms, and handling standards and fees will be disclosed. (The Ministry of Housing and Urban-Rural Development shall take the lead, and the relevant departments of the State Council and all regions shall be responsible according to the division of functions) | | （二）进一步提升工程建设项目审批效率。全面推行工程建设项目分级分类管理，在确保安全前提下，对社会投资的小型低风险新建、改扩建项目，由政府部门发布统一的企业开工条件，企业取得用地、满足开工条件后作出相关承诺，政府部门直接发放相关证书，项目即可开工。加快推动工程建设项目全流程在线审批，推进工程建设项目审批管理系统与投资审批、规划、消防等管理系统数据实时共享，实现信息一次填报、材料一次上传、相关评审意见和审批结果即时推送。2020年底前将工程建设项目审批涉及的行政许可、备案、评估评审、中介服务、市政公用服务等纳入线上平台，公开办理标准和费用。（住房城乡建设部牵头，国务院相关部门及各地区按职责分工负责） |
| 3. Advancing “integration of plans." Various spatial plans shall be coordinated without delay, the connection or integration of various related planning data shall be actively advanced, and the elimination of conflicts of plans and "conflict spots" as soon as possible shall be promoted. Technical standards and rules of surveying and mapping shall be harmonized, and the sharing and mutual recognition of surveying and mapping results shall be achieved at all stages including land use, planning, construction, acceptance inspection, and real property registration, so as to avoid repetitive surveying and mapping. (The Ministry of Natural Resources shall take the lead, and the Ministry of Housing and Urban-Rural Development and other relevant departments of the State Council and all regions shall be responsible according to the division of functions) | | （三）深入推进“多规合一”。抓紧统筹各类空间性规划，积极推进各类相关规划数据衔接或整合，推动尽快消除规划冲突和“矛盾图斑”。统一测绘技术标准和规则，在用地、规划、施工、验收、不动产登记等各阶段，实现测绘成果共享互认，避免重复测绘。（自然资源部牵头，住房城乡建设部等国务院相关部门及各地区按职责分工负责） |
| II. Further simplifying the approval of and conditions for the production and operation of enterprises | | 二、进一步简化企业生产经营审批和条件 |
| 4. Further lowering the market access threshold. Centering around works construction, education, medical care, sports, and other fields, unreasonable conditions for market access imposed by relevant departments and regions on the qualifications, capital, stakes, staff, and premises of enterprises shall be reviewed in a concentrated manner, and a ledger shall be established to specify resolution measures, responsible entities, and deadlines item by item. The implementation of filing-based management of the establishment and operation of clinics shall be researched, and the supply of medical services shall be expanded. For maritime labor certificates, government departments shall be prompted to directly accept applications and carry out inspections and issuance and cease to require enterprises to accept inspection by shipping inspection institutions for that purpose, without charging enterprises a certification fee. The approval procedures for cross-regional tour performances shall be simplified by online approval and other means. (The National Development and Reform Commission, the Ministry of Education, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Commerce, the Ministry of Culture and Tourism, the National Health Commission, the General Administration of Sport, and other relevant departments of the State Council and all region shall be responsible according to the division of functions) | | （四）进一步降低市场准入门槛。围绕工程建设、教育、医疗、体育等领域，集中清理有关部门和地方在市场准入方面对企业资质、资金、股比、人员、场所等设置的不合理条件，列出台账并逐项明确解决措施、责任主体和完成时限。研究对诊所设置、诊所执业实行备案管理，扩大医疗服务供给。对于海事劳工证书，推动由政府部门直接受理申请、开展检查和签发，不再要求企业为此接受船检机构检查，且不收取企业办证费用。通过在线审批等方式简化跨地区巡回演出审批程序。（国家发展改革委、教育部、住房城乡建设部、交通运输部、商务部、文化和旅游部、国家卫生健康委、体育总局等国务院相关部门及各地区按职责分工负责） |
| 5. Streamlining and optimizing measures for the administration of the production, circulation, and other steps of industrial products. Before the end of 2020, all the remaining authority to manage licenses to produce important industrial products will be decentralized to the market regulatory departments of the provincial people's governments. The sharing and application of information on the production, sales, registration, maintenance, insurance, and scrapping, among others, of motor vehicles shall be strengthened to enhance the transparency of the circulation of motor vehicles. Regions shall be urged to cancel unreasonable rules imposed on the places of registration of second-hand vehicle sales enterprises and simplify the transaction registration procedures for the purchase of motor vehicles by second-hand vehicle sales enterprises. The procedure for releasing the catalog of models of new energy vehicles exempt from vehicle acquisition tax and the catalog of models entitled to vehicle and vessel tax reduction or exemption will be simplified before the end of 2020, so as to achieve "integration of reporting, review, and release" with announcements on road motor vehicle manufacturers and products and permit enterprises to enjoy relevant tax reduction or exemption policies based only on product announcements. (The Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Finance, the Ministry of Transport, the Ministry of Commerce, the State Administration of Taxation, the State Administration of Market Regulation, the China Banking and Insurance Regulatory Commission, and other relevant departments of the State Council shall be responsible according to the division of functions) | | （五）精简优化工业产品生产流通等环节管理措施。2020年底前将保留的重要工业产品生产许可证管理权限全部下放给省级人民政府市场监督管理部门。加强机动车生产、销售、登记、维修、保险、报废等信息的共享和应用，提升机动车流通透明度。督促地方取消对二手车经销企业登记注册地设置的不合理规定，简化二手车经销企业购入机动车交易登记手续。2020年底前优化新能源汽车免征车辆购置税的车型目录和享受车船税减免优惠的车型目录发布程序，实现与道路机动车辆生产企业及产品公告“一次申报、一并审查、一批发布”，企业依据产品公告即可享受相关税收减免政策。（工业和信息化部、公安部、财政部、交通运输部、商务部、税务总局、市场监管总局、银保监会等国务院相关部门按职责分工负责） |
6. Reducing the operating costs of micro and small-sized enterprises. Regions shall be supported in conducting the reform of "one business license containing multiple addresses" to simplify the registration procedures for enterprises to establish branches. Under the premise of ensuring food safety, regions with good conditions shall be encouraged to reasonably relax the approval requirements for food produced and sold by chain convenience stores in the aspect of the area of food processing zones, among others, the replacement of food dealing licensing (only for the sale of pre-packaged food) with filing shall be explored, and signage and lighting standards shall be reasonably formulated and issued. Platform enterprises shall be encouraged and directed to appropriately reduce platform commissions and services fees as well as bar code payment, Internet payment, and other handling fees which micro and small-sized merchants are charged, and platform enterprises shall be strictly prohibited from abusing their dominant market positions to charge unfairly high service fees. Under the premise of guaranteeing the occupational health of workers, the frequency of testing of occupational disease hazards shall be appropriately reduced for employers that present general occupational disease hazards. In the fields of works construction and government procurement, among others, the substitution of insurance and letters of guarantee for the payment of enterprise-related security deposits in cash shall be implemented to reduce the pressure on enterprise cash flow. (The General Administration of Market Regulation, the Office of the Central Cyberspace Affairs Commission, the Ministry of Industry and Information Technology, the Ministry of Finance, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the National Health Commission, the People's Bank of China, the China Banking and Insurance Regulatory Commission, and other relevant departments and all regions shall be responsible according to the division of functions)
．．．．．． | | （六）降低小微企业等经营成本。支持地方开展“一照多址”改革，简化企业设立分支机构的登记手续。在确保食品安全前提下，鼓励有条件的地方合理放宽对连锁便利店制售食品在食品处理区面积等方面的审批要求，探索将食品经营许可（仅销售预包装食品）改为备案，合理制定并公布商户牌匾、照明设施等标准。鼓励引导平台企业适当降低向小微商户收取的平台佣金等服务费用和条码支付、互联网支付等手续费，严禁平台企业滥用市场支配地位收取不公平的高价服务费。在保障劳动者职业健康前提下，对职业病危害一般的用人单位适当降低职业病危害因素检测频次。在工程建设、政府采购等领域，推行以保险、保函等替代现金缴纳涉企保证金，减轻企业现金流压力。（市场监管总局、中央网信办、工业和信息化部、财政部、住房城乡建设部、交通运输部、水利部、国家卫生健康委、人民银行、银保监会等相关部门及各地区按职责分工负责）
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