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| Notice from Four Departments Including the State Administration for Market Regulation regarding Further Promoting Fair Competition Review | | 市场监管总局等四部门关于进一步推进公平竞争审查工作的通知 |
| (No. 73 [2020] of the State Administration for Market Regulation) | | （国市监反垄断〔2020〕73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 implementation of the fair competition review system is an important decision and arrangement made by the CPC Central Committee and the State Council to deepen economic restructuring. It was clearly proposed at the Fourth Plenary Session of the 19th CPC Central Committee to strengthen the fundamental position of the competition policies and implement the fair competition review system. Since the issuance of the Opinions of the State Council on Establishing a Fair Competition Examination System in the Building of the Market System (No. 34 [2016], the State Council, hereinafter referred to as the ‘Opinions'), fair competition review has produced positive results, but there are also some prominent problems such as unsound review rules, insufficient rigid institutional constraints, the lack of thorough understanding in some regions and departments, and incomplete, low-quality review of policies and measures. For the purposes of further implementing the decisions and arrangements of the CPC Central Committee and the State Council, enhancing the effectiveness and binding force of fair competition reviews, and creating an institutional environment for fair competition, with the approval of the State Council, you are hereby notified of the relevant matters as follows: | | 实施公平竞争审查制度是党中央、国务院深化经济体制改革的重大决策部署。党的十九届四中全会明确提出，强化竞争政策基础地位，落实公平竞争审查制度。《国务院关于在市场体系建设中建立公平竞争审查制度的意见》（国发〔2016〕34号，以下简称《意见》）印发以来，公平竞争审查工作取得积极成效，但还存在审查规则仍需完善、制度刚性约束不足、一些地区和部门思想认识不到位、政策措施审查不全审查质量不高等突出问题。为进一步贯彻落实党中央、国务院决策部署，提高公平竞争审查的有效性和约束力，创造公平竞争的制度环境，经国务院同意，现就有关事项通知如下。 |
| I. Specifying work objectives | | 一、明确工作目标 |
| Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be taken as guidance, and the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee shall be thoroughly implemented. According to the decisions and arrangements of the CPC Central Committee and the State Council and the requirements of the Opinions, greater efforts shall be made to facilitate fair competition review with higher quality by improving review rules and working mechanisms, as well as strengthening organizational support. | | 以习近平新时代中国特色社会主义思想为指导，深入贯彻党的十九大和十九届二中、三中、四中全会精神，按照党中央、国务院决策部署和《意见》各项要求，通过健全审查规则、完善工作机制、加强组织保障，更高质量、更大力度地推进公平竞争审查工作。 |
| A fair competition review system with comprehensive coverage, complete rules, well-defined power and responsibility, efficient operation and effective supervision shall be basically in place within three years or so, when institutional authority and effectiveness will have been significantly improved, and policies and measures to exclude and restrict competition will have been effectively prevented and eliminated. On this basis, the fair competition review system shall be further improved and developed according to the requirements for improving the socialist market economy and developing a high-standard market system, thus providing stronger institutional guarantees for the efforts to break administrative monopoly at the source, build a unified, open, orderly competitive market system, and create a market-oriented and law-based international business environment. | | 用3年左右时间，基本建成全面覆盖、规则完备、权责明确、运行高效、监督有力的公平竞争审查制度体系，制度权威和效能显著提升，政策措施排除、限制竞争问题得到有效防范和制止。在此基础上，根据完善社会主义市场经济体制、建设高标准市场体系的要求，进一步完善和发展公平竞争审查制度，为从源头上打破行政性垄断，建设统一开放、竞争有序的市场体系，打造市场化法治化国际化的营商环境提供更加有力的制度保障。 |
| II. Improving the review rules | | 二、健全审查规则 |
1. The scope of review shall be improved: The rules, normative documents and other policy documents involving economic activities of market entities, including market access, industrial development, investment attraction, bidding and tendering, government procurement, business conduct code and qualification standards, as well as specific policies and measures implemented on a case-by-case basis shall be included in the scope of fair competition review. All localities and departments shall, in light of the actual conditions of their work, further clarify and refine the categories of policies and measures included in the scope of fair competition review in terms of formulation entities, types of official documents and administrative matters, so as to ensure full coverage and due review.
．．．．．． | | （一）完善审查范围。凡涉及市场准入、产业发展、招商引资、招标投标、政府采购、经营行为规范、资质标准等有关市场主体经济活动的规章、规范性文件、其他政策性文件以及“一事一议”形式的具体政策措施，均要纳入公平竞争审查范围。各地区、各部门要结合工作实际，从制定主体、公文种类、管理事项等方面，进一步明确和细化纳入公平竞争审查范围的政策措施类别，确保全面覆盖、应审必审。
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