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Opinions of the State Council on Vigorous Development of E-Commerce to Accelerate Development of New Economic Driving Force [Effective]
国务院关于大力发展电子商务加快培育经济新动力的意见 [现行有效]
【法宝引证码】

pinions of the State Council on Vigorous Development of E-Commerce to Accelerate Development of New Economic Driving Force 

国务院关于大力发展电子商务加快培育经济新动力的意见

(No. 24 [2015] Issued by the State Council) (国发〔2015〕24号)

The People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government; the ministries and commissions under the State Council; and the institutions directly affiliated to 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:
Over recent years, China's e-commerce has undergone rapid development, not only creating new consumer demand, triggering new investment booms, opening new channels for employment and income growth, and providing new space for business startups by all and innovation by all, but also speeding up its integration with the manufacturing industry, promoting systemic transformation and upgrade of the service industry, expediting the development of emerging business forms, becoming a new force for providing public goods and public services, and turning out to be a new prime power for economic development. Meanwhile, the development of e-commerce has faced the problems of incompatibility with management methods, incompleteness of the system of integrity, irregularity of the market order, etc, which imperatively need to be solved with adoption of measures. So far, China has entered a decisive period of time for full-scale completion of establishment of a moderately prosperous society in the country. To reduce barriers constraining development of e-commerce in terms of both mechanisms and systems, further bringing into play the important role of e-commerce in developing new economic driving force, building the “twin-engines”, realizing the “dual-objectives”, etc, the following Opinions are hereby raised: 近年来我国电子商务发展迅猛,不仅创造了新的消费需求,引发了新的投资热潮,开辟了就业增收新渠道,为大众创业、万众创新提供了新空间,而且电子商务正加速与制造业融合,推动服务业转型升级,催生新兴业态,成为提供公共产品、公共服务的新力量,成为经济发展新的原动力。与此同时,电子商务发展面临管理方式不适应、诚信体系不健全、市场秩序不规范等问题,亟需采取措施予以解决。当前,我国已进入全面建成小康社会的决定性阶段,为减少束缚电子商务发展的机制体制障碍,进一步发挥电子商务在培育经济新动力,打造“双引擎”、实现“双目标”等方面的重要作用,现提出以下意见:
I. Guiding Ideology, Basic Principles and Major Objectives   一、指导思想、基本原则和主要目标
1. Guiding ideology: In implementing the spirit of the 18th National Congress of the Communist Party of China (CPC) and the 2nd, 3rd and 4th Plenary Sessions of the 18th CPC Central Committee on a full scale, in keeping with the relevant decisions and arrangements of the CPC Central Committee and the State Council, in adhering to promotion of scientific development by means of reform, and in actively adapting to and leading the new normal of economic development, efforts shall be focused on solving deep-seated contradictions and major problems in the development of e-commerce, with vigorous promotion of policy innovation, management innovation and service innovation, and with acceleration of establishment of an open, regulated, bona fide and safe e-commerce development environment, to further stimulate the innovation power, creation potential and business startup vigor of e-commerce, to accelerate promotion of strategic adjustment of the economic structure, and to realize quality improvement, efficiency increase and upgrade of the economy. (一)指导思想。全面贯彻党的十八大和十八届二中、三中、四中全会精神,按照党中央、国务院决策部署,坚持依靠改革推动科学发展,主动适应和引领经济发展新常态,着力解决电子商务发展中的深层次矛盾和重大问题,大力推进政策创新、管理创新和服务创新,加快建立开放、规范、诚信、安全的电子商务发展环境,进一步激发电子商务创新动力、创造潜力、创业活力,加速推动经济结构战略性调整,实现经济提质增效升级。
2. Basic principles: Firstly, promotion shall be conducted actively. Performance shall be made actively and development shall be supported. The various types of contradictions and problems in the development of e-commerce shall be settled through coordination. Efforts of service shall be strengthened in terms of opening government resources, protecting web security, supporting investment and financing, building infrastructure and the system of integrity, etc. Rationalization of taxes and fees on e-commerce enterprises shall be promoted, to lessen the burden on enterprises. Potential of the development of e-commerce shall be further discharged, and the level of innovation and development of e-commerce shall be promoted. Secondly, regulation shall be made gradually. There shall be streamlining of administration and devolution of power, with combination between devolution of power and control. Any market players that are not banned by law can make performance at e-commerce markets while any government departments that have not been authorized by law cannot make performance there, to reduce administrative intervention at e-commerce markets in the maximum. While restrictions on market access are eased, the market order shall be gradually regulated amid development, to create a venture development environment with fair competition, to further arouse the vitality of social venture, and to widen the field of innovation and development of e-commerce. Thirdly, guidance shall be strengthened. The trend shall be grasped and actions shall be guided according to the actual circumstances. Study of forward-looking, emerging and tendentious issues in the development of e-commerce shall be strengthened; efforts for supporting and guiding enterprises in terms of innovation of business models, research and development of crucial technology, development of international markets, etc shall be strengthened in a timely manner; and the development of e-commerce shall be guided toward the development of “twin engines” and realization of “dual objectives”, to further enhance the driving force for innovation of enterprises, and to quicken the pace of innovation and development of e-commerce. (二)基本原则。一是积极推动。主动作为、支持发展。积极协调解决电子商务发展中的各种矛盾与问题。在政府资源开放、网络安全保障、投融资支持、基础设施和诚信体系建设等方面加大服务力度。推进电子商务企业税费合理化,减轻企业负担。进一步释放电子商务发展潜力,提升电子商务创新发展水平。二是逐步规范。简政放权、放管结合。法无禁止的市场主体即可为,法未授权的政府部门不能为,最大限度减少对电子商务市场的行政干预。在放宽市场准入的同时,要在发展中逐步规范市场秩序,营造公平竞争的创业发展环境,进一步激发社会创业活力,拓宽电子商务创新发展领域。三是加强引导。把握趋势、因势利导。加强对电子商务发展中前瞻性、苗头性、倾向性问题的研究,及时在商业模式创新、关键技术研发、国际市场开拓等方面加大对企业的支持引导力度,引领电子商务向打造“双引擎”、实现“双目标”发展,进一步增强企业的创新动力,加速电子商务创新发展步伐。
3. Major objectives: By 2020, a unified, open, bona fide, law-abiding, safe and reliable great e-commerce market with orderly competition shall have basically been established. E-commerce shall have been in in-depth integration with other sectors, shall have become a major platform for promoting business startups, stabilizing employment and improving services for the people's livelihood, and shall have been playing a crucial role in synchronous development of industrialization, informatization, urbanization and modernization of agriculture. (三)主要目标。到2020年,统一开放、竞争有序、诚信守法、安全可靠的电子商务大市场基本建成。电子商务与其他产业深度融合,成为促进创业、稳定就业、改善民生服务的重要平台,对工业化、信息化、城镇化、农业现代化同步发展起到关键性作用。
II. Development of a loose development environment   二、营造宽松发展环境
4. Lowering of the threshold for access: The existing items of pre-approval in the field of e-commerce shall be checked on a full scale. Those without any basis of law or regulations shall be canceled without exception. Any establishment of administrative license and any increase of conditions for administrative license in violation of law shall be strictly prohibited. (The State Council's Office for Reform of the Administrative Review and Approval System and the other competent authorities concerned shall take charge thereof separately in accordance with their division of duty.) Registration of registered capital shall be further simplified, and reform leading to a shift from “certificates first, licenses second” onto “licenses first, certificates second” in the field of e-commerce shall be promoted in an in-depth way. (The State Administration for Industry and Commerce and the Office of the State Commission for Public Sector Reform shall take charge thereof.) The Scheme for Reform of the System of Registration of Registered Capital shall be implemented, and conditions for registration of the place of domicile (the place of business) of e-commerce market players shall be eased, with improvement of the relevant management measures. (Provincial-level People's Governments shall take charge thereof.) Management over the establishment of non-corporate express delivery terminal outlets by express delivery enterprises with application of the system of recordation shall be promoted. (The State Post Bureau shall take charge thereof.) The procedures for review and approval of overseas listing of domestic e-commerce enterprises shall be simplified, and cross-border Chinese yuan direct investment in the field of e-commerce shall be encouraged. (The National Development and Reform Commission, the Ministry of Commerce, the State Administration of Foreign Exchange, China Securities Regulatory Commission and the People's Bank of China shall take charge thereof.) The restrictions on the proportion of shareholding by foreign investors with respect to foreign investment in e-commerce businesses shall be lifted. (The Ministry of Industry and Information Technology, the National Development and Reform Commission and the Ministry of Commerce shall take charge thereof.) Exploration shall be made for establishing mechanisms for marketization of e-commerce services in the sectors of energy, railway, public utilities, etc. (The competent authorities concerned shall take charge thereof separately in accordance with their division of duty.) (四)降低准入门槛。全面清理电子商务领域现有前置审批事项,无法律法规依据的一律取消,严禁违法设定行政许可、增加行政许可条件和程序。(国务院审改办,有关部门按职责分工分别负责)进一步简化注册资本登记,深入推进电子商务领域由“先证后照”改为“先照后证”改革。(工商总局、中央编办)落实《注册资本登记制度改革方案》,放宽电子商务市场主体住所(经营场所)登记条件,完善相关管理措施。(省级人民政府)推进对快递企业设立非法人快递末端网点实施备案制管理。(邮政局)简化境内电子商务企业海外上市审批流程,鼓励电子商务领域的跨境人民币直接投资。(发展改革委、商务部、外汇局、证监会、人民银行)放开外商投资电子商务业务的外方持股比例限制。(工业和信息化部、发展改革委、商务部)探索建立能源、铁路、公共事业等行业电子商务服务的市场化机制。(有关部门按职责分工分别负责)
5. Rational reduction of taxes and alleviation of burdens: For enterprises engaged in activities of e-commerce, they shall be entitled to enjoy the relevant preferential policies for high and new technology enterprises in accordance with law where they have been recognized as high and new technology enterprises, and small and micro enterprises hereof shall be entitled to enjoy preferential policies on taxation in accordance with law. (The Ministry of Science and Technology, the Ministry of Finance and the State Administration of Taxation shall take charge thereof.) Promotion of a shift from the levy of business tax onto the levy of value-added tax shall be accelerated, with gradual inclusion of the relevant sectors including tourism e-commerce, e-commerce in the category of life service, etc into the scope of a shift from the levy of business tax onto the levy of value-added tax. (The Ministry of Finance and the State Administration of Taxation shall take charge thereof.) (五)合理降税减负。从事电子商务活动的企业,经认定为高新技术企业的,依法享受高新技术企业相关优惠政策,小微企业依法享受税收优惠政策。(科技部、财政部、税务总局)加快推进“营改增”,逐步将旅游电子商务、生活服务类电子商务等相关行业纳入“营改增”范围。(财政部、税务总局)
6. Strengthening of support for financial service: Diversified and multichannel investment and financing mechanisms compatible with the development of e-commerce shall be established and made complete. (The competent authorities concerned shall take charge thereof separately in accordance with their division of duty.) Research shall be conducted on the relevant policies on encouraging eligible Internet enterprises to have themselves listed in China. (China Securities Regulatory Commission shall take charge thereof.) Commercial banks, institutions for managing inventories as collaterals and e-commerce enterprises shall be supported in launching multiform financing service including hypothecation of intangible assets, movables, etc. Commercial banks, commercial factoring institutions and e-commerce enterprises shall be encouraged to launch supply chain finance and commercial factoring service, to further expand channels for financing for e-commerce enterprises. (The People's Bank of China and the Ministry of Finance shall take charge thereof.) Venture investment funds shall be guided and prompted to strengthen support to newly-founded e-commerce enterprises. (The National Development and Reform Commission shall take charge thereof.) (六)加大金融服务支持。建立健全适应电子商务发展的多元化、多渠道投融资机制。(有关部门按职责分工分别负责)研究鼓励符合条件的互联网企业在境内上市等相关政策。(证监会)支持商业银行、担保存货管理机构及电子商务企业开展无形资产、动产质押等多种形式的融资服务。鼓励商业银行、商业保理机构、电子商务企业开展供应链金融、商业保理服务,进一步拓展电子商务企业融资渠道。(人民银行、商务部)引导和推动创业投资基金,加大对电子商务初创企业的支持。(发展改革委)
7. Protection of fair competition: Acts of e-commerce market competition shall be regulated, to promote establishment of an open, fair and healthy e-commerce market competition order. Measures for e-commerce product quality supervision and management shall be formulated on the basis of research; and exploration shall be made for establishing e-commerce product quality supervision mechanisms with risk monitoring, online random inspection, provenance tracking, and territorial investigation and handling, with improvement of interdepartmental and interregional supervision and control information sharing and functional coordination mechanisms. Such lawbreaking acts as online false publicity, production and marketing of counterfeit or inferior quality products, cross-border sales of dual purpose products or technology in violation of national legislations and policies on export control, and unfair competition shall be cracked down on in accordance with law; and e-commerce product quality improvement operations shall be organized and launched, to promote lawful and bona fide business operation. (The State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the Ministry of Public Security and the Ministry of Commerce shall take charge thereof separately in accordance with their division of duty.) Priority shall be given to investigating and handling problems of reaching monopoly agreements and abusing the market dominance position, and acts of ruling out or restricting market competition shall be prevented by means of antimonopoly investigation against convergence of operators. (The National Development and Reform Commission, the State Administration for Industry and Commerce and the Ministry of Commerce shall take charge thereof.) Protection of intellectual property rights in the field of e-commerce shall be strengthened, and research shall be conducted on further strengthening protection of invention patents in the field of Internet business methods. (The Ministry of Industry and Information Technology, the Ministry of Commerce, the General Administration of Customs, the State Administration for Industry and Commerce, the State Administration of Press, Publication, Radio, Film and Television, the State Intellectual Property Office and the other competent authorities concerned shall take charge thereof separately in accordance with their division of duty.) Efforts of the government to make a use of e-commerce platforms to conduct procurement shall be further strengthened. (The Ministry of Finance shall take charge thereof.) The government departments at all levels may not designate providers of public service for e-commerce by administrative orders, and may not abuse their administrative power to rule out or restrict e-commerce competition. (The competent authorities concerned shall take charge thereof separately in accordance with their division of duty.) (七)维护公平竞争。规范电子商务市场竞争行为,促进建立开放、公平、健康的电子商务市场竞争秩序。研究制定电子商务产品质量监督管理办法,探索建立风险监测、网上抽查、源头追溯、属地查处的电子商务产品质量监督机制,完善部门间、区域间监管信息共享和职能衔接机制。依法打击网络虚假宣传、生产销售假冒伪劣产品、违反国家出口管制法规政策跨境销售两用品和技术、不正当竞争等违法行为,组织开展电子商务产品质量提升行动,促进合法、诚信经营。(工商总局、质检总局、公安部、商务部按职责分工分别负责)重点查处达成垄断协议和滥用市场支配地位的问题,通过经营者集中反垄断审查,防止排除、限制市场竞争的行为。(发展改革委、工商总局、商务部)加强电子商务领域知识产权保护,研究进一步加大网络商业方法领域发明专利保护力度。(工业和信息化部、商务部、海关总署、工商总局、新闻出版广电总局、知识产权局等部门按职责分工分别负责)进一步加大政府利用电子商务平台进行采购的力度。(财政部)各级政府部门不得通过行政命令指定为电子商务提供公共服务的供应商,不得滥用行政权力排除、限制电子商务的竞争。(有关部门按职责分工分别负责)
III. Promotion of Employment and Business Startup   三、促进就业创业
8. Encouragement of employment and business startup in the field of e-commerce: The development of e-commerce to promote employment shall be included into the employment development planning and e-commerce development overall planning of all regions. E-commerce employment and social security targets statistics systems shall be established. For employees with online business operators registered by competent authorities for industry and commerce, they shall equally enjoy the various employment and business startup support policies. For employees with online business operators that have not been registered by competent authorities for industry and commerce, they cannot defined as informal employees and enjoy policies supporting human resources in informal employment. In particular, for those establishing businesses online that have undergone real-name registration on web platforms, that are in stable business operation and that are of a sound reputation, they can enjoy small-sum guaranteed loan and interest subsidy policies in accordance with the relevant provisions. Medium-sized, small and micro enterprises shall be supported in applying e-commerce to extend their fields of business. Regions with the necessary conditions shall be encouraged to establish e-commerce business startup parks. The various types of business startup incubation bases shall be guided to provide land support and business startup incubation service for those establishing businesses of e-commerce. The service of provision of employment for e-commerce enterprises shall be strengthened, with improvement of e-commerce human resources supply and demand information coordination mechanisms. (The Ministry of Human Resources and Social Security, the Ministry of Industry and Information Technology, the Ministry of Commerce, the National Bureau of Statistics and the local People's Governments at all levels shall take charge thereof.) (八)鼓励电子商务领域就业创业。把发展电子商务促进就业纳入各地就业发展规划和电子商务发展整体规划。建立电子商务就业和社会保障指标统计制度。经工商登记注册的网络商户从业人员,同等享受各项就业创业扶持政策。未进行工商登记注册的网络商户从业人员,可认定为灵活就业人员,享受灵活就业人员扶持政策,其中在网络平台实名注册、稳定经营且信誉良好的网络商户创业者,可按规定享受小额担保贷款及贴息政策。支持中小微企业应用电子商务、拓展业务领域,鼓励有条件的地区建设电子商务创业园区,指导各类创业孵化基地为电子商务创业人员提供场地支持和创业孵化服务。加强电子商务企业用工服务,完善电子商务人才供求信息对接机制。(人力资源社会保障部、工业和信息化部、商务部、统计局,地方各级人民政府)
9. Strengthening of human resources development and training: Schools, enterprises and social organizations shall be supported in joint operation of education, with exploration made for practical training-style e-commerce human resources development and training mechanisms. National-level projects for renewal of knowledge of e-commerce professional and technical human resources shall be promoted. The various types of training institutions shall be guided to increase projects of e-commerce skills training. E-commerce enterprises shall be supported in operating pre-job training, skills improvement training and high professional qualification training. The development of highly qualified specialized human resources and technical skills human resources in the field of e-commerce shall be accelerated. For personnel participating in occupational training or occupational skills appraisal, and for e-commerce enterprises organizing training of their employees, they can enjoy policies on occupational training subsidies and occupational skills appraisal subsidies in accordance with the relevant provisions. Vocational colleges, social training institutions and e-commerce enterprises with the necessary conditions shall be encouraged to launch training about web-based business startups. (The Ministry of Human Resources and Social Security, the Ministry of Commerce, the Ministry of Education and the Ministry of Finance shall take charge thereof.) (九)加强人才培养培训。支持学校、企业及社会组织合作办学,探索实训式电子商务人才培养与培训机制。推进国家电子商务专业技术人才知识更新工程,指导各类培训机构增加电子商务技能培训项目,支持电子商务企业开展岗前培训、技能提升培训和高技能人才培训,加快培养电子商务领域的高素质专门人才和技术技能人才。参加职业培训和职业技能鉴定的人员,以及组织职工培训的电子商务企业,可按规定享受职业培训补贴和职业技能鉴定补贴政策。鼓励有条件的职业院校、社会培训机构和电子商务企业开展网络创业培训。(人力资源社会保障部、商务部、教育部、财政部)
10. Protection of the labor rights and interests of employees: Labor employment by e-commerce enterprises, particularly online business operators, shall be regulated. For those that have been registered by competent authorities for industry and commerce and have obtained a business license, they shall sign in accordance with law labor contracts with the workers employed; and for those that have not been registered by competent authorities for industry and commerce, they can also sign civil agreements with workers by reference to the relevant provisions of the labor contract law, to define the rights, responsibilities and obligations of both sides. Employees with online businesses shall be covered by the various items of social insurance in accordance with the relevant provisions. For online business operators that have not been registered by competent authorities for industry and commerce, their employees can participate in social insurance by the measures for premium payment for obtaining social insurance by informal employees. For eligible persons difficult to find a job and for graduates of higher education institutions, they can enjoy policies on social insurance subsidies for informal employees. For online business operators that employ five or more workers on a long-term basis, they can undergo registration for social insurance at the place of registration by competent authorities for industry and commerce to participate in the various items of social insurance for their employees. For online business operators that meet the conditions for preferential policies on overall regional social insurance, they can enjoy preferential policies on social insurance. (The Ministry of Human Resources and Social Security shall take charge thereof.)
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 (十)保障从业人员劳动权益。规范电子商务企业特别是网络商户劳动用工,经工商登记注册取得营业执照的,应与招用的劳动者依法签订劳动合同;未进行工商登记注册的,也可参照劳动合同法相关规定与劳动者签订民事协议,明确双方的权利、责任和义务。按规定将网络从业人员纳入各项社会保险,对未进行工商登记注册的网络商户,其从业人员可按灵活就业人员参保缴费办法参加社会保险。符合条件的就业困难人员和高校毕业生,可享受灵活就业人员社会保险补贴政策。长期雇用5人及以上的网络商户,可在工商注册地进行社会保险登记,参加企业职工的各项社会保险。满足统筹地区社会保险优惠政策条件的网络商户,可享受社会保险优惠政策。(人力资源社会保障部)
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