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Notice by the State Administration for Market Regulation, the National Development and Reform Commission, the Ministry of Industry and Information Technology, and Other Departments of Further Strengthening the Tackling of Irregular Enterprise-related Charging [Effective]
市场监管总局、国家发展改革委、工业和信息化部等关于进一步加强违规涉企收费治理工作的通知 [现行有效]
【法宝引证码】

Notice by the State Administration for Market Regulation, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Civil Affairs, the Ministry of Finance, the State-owned Assets Supervision and Administration Commission of the State Council, and the China Banking and Insurance Regulatory Commission of Further Strengthening the Tackling of Irregular Enterprise-related Charging 

市场监管总局、国家发展改革委、工业和信息化部、民政部、财政部、国资委、银保监会关于进一步加强违规涉企收费治理工作的通知

(No. 150 [2019] of the State Administration for Market Regulation) (国市监竞争〔2019〕150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 CPC Central Committee and the State Council have attached great importance to the regulation of enterprise-related charging and, in recent years, arranged and issued a series of policies and measures, which significantly reduced irregular charging and produced positive results. However, some regions, some departments and their subordinate units, branches of commercial banks, industry associations, and intermediaries, among others, still have the problem of irregular charging, which affects the implementation of the policy on simplifying procedures and reducing costs and optimizing the business environment and harms the lawful interests of enterprises. For the purposes of ensuring the effective implementation of the relevant decisions and arrangements of the CPC Central Committee and the State Council and a more powerful effect of the tax and fee reduction policy and preventing the occurrence of offsetting effects, the tackling of irregular enterprise-related charging shall be further strengthened by the principle of "compliance with the laws and regulations, opening and transparency, systematic review, and sound mechanisms." With the approval of the State Council, the relevant matters are hereby notified as follows: 党中央、国务院高度重视涉企收费治理工作,近几年来部署出台了一系列政策举措,违规收费明显减少,取得积极成效。但是,一些地方、一些部门及其下属单位、商业银行分支机构、行业协会、中介机构等,仍然存在违规收费问题,影响简政降费政策落实和营商环境优化,损害了企业正当利益。为确保党中央、国务院有关决策部署贯彻到位,确保更大规模减税降费政策效果,防止出现冲抵效应,要按照“依法依规、公开透明、系统清理、健全机制”的原则,进一步加强违规涉企收费治理。经国务院同意,现将有关事项通知如下:
I. Strictly implementing responsibility and increasing efforts to investigate and punish irregular enterprise-related charging   一、严格落实责任,加大违规涉企收费查处力度
1. All departments organizing self-examination and self-correction. All the departments of the State Council shall effectively perform their responsibilities for industry management, in accordance with the requirements of the relevant laws, regulations, and policy documents, in light of the list of nationwide government funds and administrative charges released by the Ministry of Finance and the list of charges for government-priced commercial services released by the National Development and Reform Commission, survey enterprise-related charging without delay, conscientiously organize self-examination in their respective industries and systems, strictly prohibit government departments from passing on the expenses they shall bear to enterprises, and strictly prohibit industry associations and the subordinate units of government departments from charging irregularly by administrative power. All the departments of the State Council shall, in respect of irregular charging discovered by self-examination, take corrective action immediately, refund charges irregularly levied within a time limit, and improve internal management by drawing inferences, so as to resolutely put an end to irregular charging in their respective industries and systems. (All the departments of the State Council shall be responsible and complete the above before the end of September 2019) (一)各部门组织开展自查自纠。国务院各部门要切实履行行业管理责任,对照有关法律法规和政策文件要求,结合财政部公布的全国政府性基金和行政事业性收费目录清单、国家发展改革委公布的政府定价的经营服务性收费目录清单,抓紧对涉企收费情况进行调研摸底,认真组织在本行业、本系统开展自查,严禁政府部门将自身应承担的费用转嫁企业承担,严禁行业协会和政府部门下属单位借用行政权力违规收费。对自查发现违规收费的,要立即整改,限期退还违规收取的费用,举一反三改进内部管理,坚决杜绝本行业、本系统出现违规收费行为。(国务院各部门负责,2019年9月底前完成)
2. All commercial banks conducting self-examination and self-correction. The China Banking and Insurance Regulatory Commission ("CBIRC") shall supervise and guide the head offices of commercial banks, in strictly complying with the requirements of "seven-sphere prohibitions and four-sphere public disclosure" ("seven-sphere prohibitions" means prohibiting converting loans into deposits, linking deposits to loans, charging by taking advantage of loans, increasing interest rates under pretext of charges, exercising tie-in sale by taking advantage of loans, generally increasing the interest rate to the upper limit, and passing costs, and "four-sphere public disclosure" means public disclosure of chargeable items, quality and prices of services, utility and functions, and concessions), organizing self-examination and self-correction across the banks and resolutely reviewing and regulating the irregular charging of the branches of commercial banks. (The CBIRC shall be responsible and complete the above before the end of September 2019)
......
 (二)各商业银行开展自查自纠。银保监会督促指导各商业银行总行,严格对照“七不准、四公开”要求(“七不准”:不得以贷转存、不得存贷挂钩、不得以贷收费、不得浮利分费、不得借贷搭售、不得一浮到顶、不得转嫁成本,“四公开”:收费项目公开、服务质价公开、效用功能公开、优惠政策公开),在全行组织自查自纠,坚决清理规范商业银行分支机构违规收费行为。(银保监会负责,2019年9月底前完成)
......

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