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| Decisions of the State Council on Rectifying and Standardizing the Order in the Market Economy | | 国务院关于整顿和规范市场经济秩序的决定 |
(No. 11 [2001] of the State Council on April 27, 2001) | |
（2001年4月27日 国发[2001]11号） |
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; and 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 establishment of a well-standardized order in the market economy is both an urgent requirement for ensuring the normal operation of the current economy and an important measure to improve the socialist market economy system. In order to further deepen the reform and expanding the opening to the outside world, create a good environment for the national economic development vigorously and healthily, the State Council hereby decides, in light of China's present situation of the order in the market economy, to rectify and standardize the order in the market economy throughout the country. | |
建立规范的市场经济秩序，既是保证当前经济正常运行的迫切需要，又是完善社会主义市场经济体制的重要举措。为了进一步深化改革、扩大对外开放，营造国民经济持续快速健康发展的良好环境，根据当前我国市场经济秩序的现状，国务院决定，在全国范围内开展整顿和规范市场经济秩序的工作。 |
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| I.Being fully aware of the significance of rectifying and standardizing the order in the market economy | | 一、充分认识整顿和规范市场经济秩序的重要意义 |
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| (I)Good order in the market economy is an objective requirement for establishing the socialist market economy system. In recent years, obvious effects have been obtained in the campaign throughout the country against such illegal and criminal activities as smuggling, tax evasion, tax fraud, obtaining foreign exchange through fraudulent means, the production and marketing of fake and shoddy commodities, etc.. Such a campaign has played an important role in promoting the healthy development of socialist market economy. | | （一）良好的市场经济秩序，是建立社会主义市场经济体制的客观要求。近年来，全国开展了打击走私、偷税、骗税、骗汇和制售假冒伪劣商品等违法犯罪活动的专项斗争，取得了明显成效，对促进社会主义市场经济的健康发展，发挥了重要作用。 |
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| (II)We must attach great importance to the chaos in the market economy. Due to complicated economic, social and ideological factors, the order in the market economy in some fields is still very chaotic at present, namely: fake and shoddy products flood the market; the activities of tax evasion, tax fraud, obtaining foreign exchange through fraudulent means, and smuggling do not come to an end despite of repeated bans; commercial fraudulence and evasion of debts are becoming more and more serious; making false financial account books and documents and violating fiscal discipline are common; practicing frauds in the invitation and entry of tenders in project construction and constructing projects with poor quality are also conspicuous; strong complaints against the chaos in cultural market are more and more; catastrophic accidents occur from time to time in production and operation. These shocking problems have not only seriously impacted the healthy operation of national economy, caused heavy losses to the benefits of the State, enterprises and people, but also worsened the investment environment, lowered the standard of social morality, and undermined the fame of the State and of the reform and opening to the outside world. It has been the top priority to make great efforts to rectify and standardize the order in the market economy. | | （二）市场经济秩序混乱的问题必须引起高度重视。由于复杂的经济、社会和思想原因，当前一些领域中市场经济秩序仍然相当混乱，主要表现在：假冒伪劣产品充斥市场，偷税、骗税、骗汇和走私活动屡禁不止，商业欺诈、逃废债务现象日益严重，财务失真、违反财经纪律的行为比较普遍，工程建设领域招投标弄虚作假、工程质量低劣的问题相当突出，文化市场混乱问题群众反映强烈，生产经营中的重大特大安全事故时有发生。这些问题触目惊心，不仅严重影响国民经济健康运行，给国家、企业和人民群众利益造成重大损害，而且造成投资环境恶化，社会道德水准下降，败坏国家信誉和改革开放的形象。大力整顿和规范市场经济秩序，已经成为当务之急。 |
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| (III)It is of great significance to rectify and standardize the order in the market economy. The next five years will be an important period for China to improve the socialist market economy system and expand the opening to the outside world. The establishment of an orderly market economy is both a major economic issue and an important political one; it is both an inevitable choice to improve the overall quality and competitiveness of the national economy, and a necessary condition to further the opening to the outside world; it is both an important measure to consolidate the achievements of China's modernization and an inherent requirement for carrying forward the advancement of social civilization. All regions and departments must earnestly implement General Secretary Jiang Zemin's important thought of “Three Represents”, and also take into account the security and danger of the State, prosperity and adversity of the nation as well as success and failure of the modernization, realize the importance, urgency and arduousness of rectifying and standardizing the order in the market economy, so as to make unremitting efforts on this task. | | （三）整顿和规范市场经济秩序具有重要意义。今后五年，是我国完善社会主义市场经济体制和扩大对外开放的重要时期。建立良好的市场经济秩序，既是重大的经济问题，也是严肃的政治问题；既是提高国民经济整体素质和竞争力的必然选择，也是进一步扩大对外开放的必要条件；既是巩固我国现代化建设成果的重大举措，也是全面推进社会文明进步的内在要求。各地区、各部门必须从贯彻落实江泽民总书记“三个代表”重要思想的高度，站在国家安危、民族兴衰和现代化事业成败的高度，充分认识整顿和规范市场经济秩序的重要性、紧迫性和艰巨性，坚持不懈地抓好这项工作。 |
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| II.Main tasks for rectifying and standardizing the order in the market economy and the focus at present | | 二、整顿和规范市场经济秩序的主要内容和当前工作重点 |
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| (IV)The main tasks in the next five years. To rectify and standardize the order in the market economy is quite complicated and will involve many factors and relationships. We must adhere to the guiding principle of simultaneously deepening the reform and strengthening the legal system, deal with the phenomenon and the essence but emphasize on the latter, reform while rectifying the order. With regard to the existing problems in respect of the order in the market economy, the main tasks for rectifying and standardizing the order in the market economy during the period of the “Tenth Five-Year Plan” include: | | （四）今后五年的主要任务。整顿和规范市场经济秩序是一项涉及面广、十分复杂的工作。必须坚持深化改革与加强法制并举的指导思想，标本兼治，边整边改，着力治本。针对市场经济秩序方面存在的问题，“十五”时期整顿和规范市场经济秩序的主要内容包括以下几个方面： |
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| 1.We should punish such illegal and criminal activities as the production and marketing of fake and shoddy commodities, tax evasion, tax fraud, obtaining foreign exchange through fraudulent means, smuggling, the production and sale of fake currency etc.. We will continue to investigate the key commodities, markets and regions with conspicuous problems of producing and marketing fake commodities and the major cases involving these activities. We will crack down on the specialized criminal gangs who commit tax-involved criminal activities of forging, speculating in or making false special VAT invoices. We will prohibit the activities of illegally buying and selling foreign exchange and will strictly prevent the smuggling from revival. | | １．打击制售假冒伪劣商品、偷税、骗税、骗汇、走私、制贩假币等违法犯罪活动。继续查处制假售假问题突出的重点商品、重点市场、重点地区和大案要案。打击伪造、倒卖、虚开增值税专用发票进行涉税犯罪活动的专业化作案团伙。取缔非法买卖外汇。严防走私回潮。 |
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| 2.We should rectify the construction market. We will investigate and punish those who evade invitation of tenders or practice frauds in the invitation and entry of tenders in project construction, who illegally transfer or sublet contracts, undertake contracts without any certificate or by exceeding the grade, as well as violate statutory construction procedures, refuse to implement the compulsory technical standards, cheat in workmanship or material, use inferior materials as good ones in the construction, etc.. | | ２．整顿建筑市场。查处在工程建设中规避招标和招投标中的弄虚作假，转包、违法分包和无证、越级承包工程，以及违反法定建设程序及不执行强制性技术标准、偷工减料、以次充好等行为。 |
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| 3.We should rectify and standardize financial order. We will investigate and punish the banks, securities institutions and insurance institutions involving in business activities that are in violation of laws and regulations, abolish all illegal financial institutions and put an end to illegal fraudulent financial activities, crack down and put an end to the acts of financial frauds, rigging the securities market, inside dealings, malicious evasion of debts, etc.. | | ３．整顿和规范金融秩序。查处银行、证券、保险机构的违法违规经营活动。取缔非法金融机构和非法变相从事金融业务的活动。打击和制止金融欺诈、操纵证券市场和内幕交易、恶意逃废债务等行为。 |
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| 4.We should be strict in fiscal discipline. We will strengthen the audit on fiscal funds, major investment projects, important special funds, quality of the assets of State-owned financial institutions and State-owned enterprises. We will investigate and punish those who violate the fiscal discipline by setting up without permission “small exchequers”, engaging in off-the-book operations, and holding back, expending, misappropriating State capital, etc.. We will crack down such illegal acts as forging various negotiable documents, accounting vouchers and accounting books, providing false accounting reports, etc.. | | ４．严肃财经纪律。加强对财政资金、重大投资项目、重点专项资金、国有金融机构和国有企业资产质量的审计。查处私设“小金库”、帐外经营、截留、坐支、挪用国家资金等违反财经法纪行为。打击伪造各种票据、会计凭证、会计帐簿和提供虚假财务会计报告等违法行为。 |
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| 5.We should standardize the acts by intermediary institutions, and implement the system of entering market upon permission for intermediary institutions. We will rectify the market of economic certification services. We will solemnly investigate and punish the intermediary institutions that issue false certificates of credits, carry out false evaluation and certification, etc., and will implement the system of prohibitory entry for the intermediary institutions and individuals who have seriously violated laws or rules. | | ５．规范中介机构的行为，实行中介机构市场准入制度。整顿经济鉴证服务市场。严肃查处中介机构出具虚假资信证明、虚假评估、虚假鉴证等不法行为，对严重违法违规的中介机构和人员实行禁入制度。 |
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| 6.We should further rectify the cultural and tourism market. We will carry out the campaign of “beating down the pornographic and illegal publications”, crack down the illegal and criminal activities of producing and selling pirated and illegal publications which infringe upon the copyrights of others. We will strengthen the supervision and administration on the business sites of electronic games and of entertainments, such as a ballroom of a profit-making nature. We will investigate and punish various types of illegally operated “network bars”. We will rectify the cultural relic market and standardize the operational order in tourism industry. | | ６．推进文化和旅游市场整顿。开展“扫黄打非”斗争，打击侵权盗版、制贩非法出版物等违法犯罪活动。加强对电子游戏、歌舞娱乐经营场所的监管。查处非法经营的各类“网吧”。整顿文物市场。规范旅游业经营秩序。 |
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| 7.We should break regional blockades as well as departmental and industrial monopolies. We will investigate and punish the administrative authorities, institutions, industries of monopoly and public enterprises that impede fair competition, hinder the products or project construction services of other cities and provinces from entering the local market, or limit enterprise competition by any other means. | | ７．打破地区封锁和部门、行业垄断。查处行政机关、事业单位、垄断性行业和公用企业妨碍公平竞争，阻挠外地产品或工程建设类服务进入本地市场的行为，以及其他各种限制企业竞争的做法。 |
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8.We should strengthen the management on safe production and the supervision on safety. We will give close attention to the safety rectification on key industries, strengthen the comprehensive treatment on hidden hazards of accidents and sources of danger. We will firmly close down the enterprise and operational business that do not fulfill the basic conditions for safe production or fail to correct their illegal acts after rectification.
．．．．．． | | ８．强化安全生产管理和安全监察。抓紧重点行业的安全整顿，加强对事故隐患及危险源的综合治理。对不符合基本安全生产条件或整改无效的企业和经营单位，坚决予以关闭。
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