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Notice of the State Administration for Industry and Commerce on Implementing the Measures for the Investigation and Punishment of Unpermitted and Unlicensed Business Operations [Effective]
工商总局关于贯彻落实《无证无照经营查处办法》的通知 [现行有效]
【法宝引证码】

Notice of the State Administration for Industry and Commerce on Implementing the Measures for the Investigation and Punishment of Unpermitted and Unlicensed Business Operations 

工商总局关于贯彻落实《无证无照经营查处办法》的通知

(No. 169 [2017] of the State Administration for Industry and Commerce) (工商个字〔2017〕169号)

The administrative departments for industry and commerce and market supervision administrations of all provinces, autonomous regions, municipalities directly under the Central Government as well as cities under separate state-planning and cities at the sub-provincial level: 各省、自治区、直辖市及计划单列市、副省级市工商行政管理局、市场监督管理部门:
The Measures for the Investigation and Punishment of Unpermitted and Unlicensed Business Operations (hereinafter referred to as the “Measures”) have been issued by the State Council and shall come into force on October 1, 2017. For the purposes of effectively implementing the Measures and further effectively completing the work of investigation and punishment of unpermitted and unlicensed business operations, you are hereby notified as follows: 无证无照经营查处办法》(以下简称《查处办法》)已由国务院发布,将于2017年10月1日起施行。为切实抓好《查处办法》的贯彻落实,进一步做好无照经营查处工作,现通知如下:
I. Fully understanding the great significance of the issuance of the Measures   一、充分认识《查处办法》出台的重大意义
The Measures for the Investigation, Punishment and Banning of Unlicensed Business Operations issued and came into force in 2003 had provided legal guarantee for the investigation, punishment and banning of unlicensed business operations. With the continuous development of the socialist market economy, especially the continuous promotion of the reform of the commercial affairs system, the State Council has revised and issued the Measures at appropriate time, which is of great significance for further improving the supervision efficiency, promoting business startup and innovation, and deepening the reform of the commercial affairs system. 2003年颁布实施的《无照经营查处取缔办法》为查处取缔无照经营行为提供了法律保障。随着社会主义市场经济的不断发展,特别是商事制度改革的不断推进,国务院适时修订出台《查处办法》,对于进一步提升监管效率,促进创业创新,深化商事制度改革具有十分重要的意义。
First, the needs of strengthening interim and ex post supervision and guaranteeing the smooth implementation of the reform of “business license before government permits” are met. The Measures, according to the new requirements for strengthening interim and ex post supervision put forward after the reform of “business license before government permits,” specified the authorities of the departments for industry and commerce and the licensing departments for the investigation and punishment of unpermitted and unlicensed business operations , and clarified the regulatory responsibilities, which is conducive to the building of the transparent and efficient interim and ex post supervision system with specific rights and responsibilities, smooth communication, and concerted efforts, to the guarantee of the smooth implementation of the reform of “business license before government permits,” and to the consolidation of the reform results. 一是顺应加强事中事后监管,保障“先照后证”改革顺利实施的需要。《查处办法》按照“先照后证”改革后,加强事中事后监管的新要求,明确了工商部门和许可部门对无照无证经营的查处权限,厘清监管职责,有利于构建权责明确、沟通顺畅、齐抓共管、透明高效的事中事后监管体制,保障“先照后证”改革顺利实施,巩固改革成果。
Second, the needs of further deepening the reform of “simplification of administrative procedures, decentralization of power, combination of decentralization and control, and optimization of services” and promoting business startup and innovation are met. Aiming at promoting the reform of “simplification of administrative procedures, decentralization of power, combination of decentralization and control, and optimization of services”, the Measures have specified the scope of unpermitted and unlicensed business operations subject to investigation and punishment, relaxed the requirements for innovative business operations and people's livelihood business operations, realized “conducting effective administration where necessary and relaxing control where necessary,” and have created a more relaxed institutional environment for business startups by the public and mass innovation.
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 二是进一步深化“放管服”改革,促进创业创新的需要。《查处办法》立足推进“简政放权、放管结合、优化服务”改革,限定了无证无照经营的查处范围,放宽了对创新性营业行为及民生性营业行为的要求,做到“该管的管住,该放的放开”,为大众创业、万众创新营造更加宽松的制度环境。
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