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Guiding Opinions of the General Office of the State Council on Promoting the Well-regulated and Sound Development of the Platform Economy [Effective]
国务院办公厅关于促进平台经济规范健康发展的指导意见 [现行有效]
【法宝引证码】

Guiding Opinions of the General Office of the State Council on Promoting the Well-regulated and Sound Development of the Platform Economy 

国务院办公厅关于促进平台经济规范健康发展的指导意见

(No. 38 [2019] of the General Office of the State Council) (国办发〔2019〕38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 Internet platform economy is a new organizing method for productivity and new momentum for economic development and plays an important role in optimizing resource allocation, promoting industry-integrated development and entrepreneurship and innovation among all the people, furthering industry upgrading, expanding consumer markets, and especially increasing employment. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be adhered to as the guidance, the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee shall be thoroughly implemented, the reform of "simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services" shall continue to be deepened, better stimulating market vitality shall be centered on, the outstanding problems faced in the development of the platform economy shall be brought into focus, the laws and trends shall be followed, policy guidance, support and guarantee efforts shall be increased, regulatory concepts and methods shall be innovated, the requirements for inclusive and prudential regulation shall be implemented and improved, the establishment and improvement of a new regulatory mechanism in line with the development characteristics of the platform economy shall be promoted, and efforts shall be concentrated on creating a market environment for fair competition. For the purposes of promoting the well-regulated and sound development of the platform economy, the following opinions are hereby offered with the approval of the State Council. 互联网平台经济是生产力新的组织方式,是经济发展新动能,对优化资源配置、促进跨界融通发展和大众创业万众创新、推动产业升级、拓展消费市场尤其是增加就业,都有重要作用。要坚持以习近平新时代中国特色社会主义思想为指导,深入贯彻落实党的十九大和十九届二中、三中全会精神,持续深化“放管服”改革,围绕更大激发市场活力,聚焦平台经济发展面临的突出问题,遵循规律、顺势而为,加大政策引导、支持和保障力度,创新监管理念和方式,落实和完善包容审慎监管要求,推动建立健全适应平台经济发展特点的新型监管机制,着力营造公平竞争市场环境。为促进平台经济规范健康发展,经国务院同意,现提出以下意见。
I. Optimizing and improving market access conditions and reducing compliance costs for enterprises   一、优化完善市场准入条件,降低企业合规成本
1. Advancing registration facilitation for market participants in relation to the platform economy. The domicile (place of business) registration conditions shall be relaxed, so that a business that conducts operating activities through an e-commerce platform may apply for becoming an individual industrial and commercial household by using the cyber-place of business provided by the platform. Regions shall be guided and supervised exploring the reform of "one business license, multiple addresses" and further simplifying the procedures for establishing branch offices of platform enterprises. Restriction on enterprise name registration in emerging industries shall be so relaxed as to allow Chinese characters and expressions that indicate the characteristics of new forms of business to be used as enterprise names. The standardization of registration of scope of business shall be advanced, and the scope of business indicating the characteristics of new forms of business shall be included in the scope of registration in a timely manner. (The State Administration for Market Regulation shall be responsible) (一)推进平台经济相关市场主体登记注册便利化。放宽住所(经营场所)登记条件,经营者通过电子商务类平台开展经营活动的,可以使用平台提供的网络经营场所申请个体工商户登记。指导督促地方开展“一照多址”改革探索,进一步简化平台企业分支机构设立手续。放宽新兴行业企业名称登记限制,允许使用反映新业态特征的字词作为企业名称。推进经营范围登记规范化,及时将反映新业态特征的经营范围表述纳入登记范围。(市场监管总局负责)
2. Reasonably establishing industry access provisions and permits. The access restrictions respecting integrated products and services shall be relaxed, so that the access of each relevant market participant shall be granted, as long as the laws and regulations are not violated. Administrative licensing, eligibility and qualifications, and other matters that limit the sound development of the platform economy shall be reviewed and regulated, and platforms that only provide information intermediary and trade matching services are not required in principle to apply for relevant business permits by analogy to in-platform businesses, except in financial, news, or other fields directly related to personal health, public security, or social stability, or for which the national policies establish separately provisions. (All relevant departments shall be respectively responsible based on their duties) Relevant regions shall be guided and supervised assessing the implementation of relevant policies in ride hailing, tourism and homestay, and other fields, optimizing and improving access conditions, approval procedures and services, and accelerating the compliance process of participants in the platform economy. (The Ministry of Transport, the Ministry of Culture and Tourism, and other relevant departments shall be respectively responsible based on their duties) For emerging industries that are still in the early stages of development and are conducive to promoting the shift from old to new impetus, an opportunity for a pilot program shall be given, and market access policies shall be prudentially issued. (All regions and departments shall be responsible) (二)合理设置行业准入规定和许可。放宽融合性产品和服务准入限制,只要不违反法律法规,均应允许相关市场主体进入。清理和规范制约平台经济健康发展的行政许可、资质资格等事项,对仅提供信息中介和交易撮合服务的平台,除直接涉及人身健康、公共安全、社会稳定和国家政策另有规定的金融、新闻等领域外,原则上不要求比照平台内经营者办理相关业务许可。(各相关部门按职责分别负责)指导督促有关地方评估网约车、旅游民宿等领域的政策落实情况,优化完善准入条件、审批流程和服务,加快平台经济参与者合规化进程。(交通运输部、文化和旅游部等相关部门按职责分别负责)对仍处于发展初期、有利于促进新旧动能转换的新兴行业,要给予先行先试机会,审慎出台市场准入政策。(各地区、各部门负责)
3. Accelerating the improvement of the system of standards for new forms of business. For some emerging industries that lack standards, relevant standards for products and services shall be developed and issued in a timely manner to provide guarantees for marketing new products and services. For some new forms of business well developed, leading enterprises and industry associations shall be encouraged to voluntarily formulate enterprise standards, participate in the formulation of industry standards, and improve product quality and service level. (The State Administration for Market Regulation shall take the lead, and all relevant departments shall be respectively responsible based on their duties) (三)加快完善新业态标准体系。对部分缺乏标准的新兴行业,要及时制定出台相关产品和服务标准,为新产品新服务进入市场提供保障。对一些发展相对成熟的新业态,要鼓励龙头企业和行业协会主动制定企业标准,参与制定行业标准,提升产品质量和服务水平。(市场监管总局牵头,各相关部门按职责分别负责)
II. Innovating regulatory concepts and methods and implementing inclusive and prudential regulation   二、创新监管理念和方式,实行包容审慎监管
1. Exploring impartial regulatory methods in line with the characteristics of new forms of business and conducive to fair competition. By the principle of encouraging innovation, regulatory rules and standards shall be developed by field, and sufficient space shall be reserved for the development of new forms of business on the premise of strictly holding the bottom line for security. If the future is utterly predictable, and a good momentum of development has been created, an appropriate regulatory mode shall be tailored by classification to avoid using old methods to manage new forms of business; if the future is unpredictable for the time being, a certain "observation period" shall be established to prevent the immediate imposition of a ban; and if there is a high potential risk, and serious adverse consequences may be caused, strict regulation shall be conducted; and illegal businesses shall be resolutely banned according to the law. All relevant departments shall consolidate regulatory responsibilities according to the laws and regulations, optimize institutional regulation, strengthen conduct regulation, promptly give early warning of potential risks, and discover and correct violations of the laws and regulations. (The National Development and Reform Commission, the Office of the Central Cyberspace Affairs Commission, the Ministry of Industry and Information Technology, the State Administration for Market Regulation, the Ministry of Public Security, and other relevant departments and all regions shall be respectively responsible based on their duties) (一)探索适应新业态特点、有利于公平竞争的公正监管办法。本着鼓励创新的原则,分领域制定监管规则和标准,在严守安全底线的前提下为新业态发展留足空间。对看得准、已经形成较好发展势头的,分类量身定制适当的监管模式,避免用老办法管理新业态;对一时看不准的,设置一定的“观察期”,防止一上来就管死;对潜在风险大、可能造成严重不良后果的,严格监管;对非法经营的,坚决依法予以取缔。各有关部门要依法依规夯实监管责任,优化机构监管,强化行为监管,及时预警风险隐患,发现和纠正违法违规行为。(发展改革委、中央网信办、工业和信息化部、市场监管总局、公安部等相关部门及各地区按职责分别负责)
2. Scientifically and reasonably defining the responsibilities of platforms. The corresponding responsibilities of platforms in verification of business information, quality of products and services, claims of platforms (including Apps), protection of consumer rights and interests, cybersecurity, data security, protection of labor rights and interests, and other aspects shall be specified, government departments' duties of supervision and law enforcement shall be enhanced, and the regulatory responsibilities that the government is required to assume may not be passed on to platforms. Consumers' right of choice shall be respected, and the mutual accessibility and interoperability of platforms shall be ensured. Platforms shall be allowed to explore different operating modes under the premise of compliant operations, the responsibilities of platforms and in-platform businesses shall be specified, the research on issuance of specific measures for due diligence excuse of platforms shall be accelerated, and the responsibilities of platforms shall be reasonably determined according to the law. Platforms shall be encouraged to diversify risks by purchasing insurance products so as to better protect the rights and interests of all parties. (All relevant departments shall be respectively responsible based on their duties) (二)科学合理界定平台责任。明确平台在经营者信息核验、产品和服务质量、平台(含APP)索权、消费者权益保护、网络安全、数据安全、劳动者权益保护等方面的相应责任,强化政府部门监督执法职责,不得将本该由政府承担的监管责任转嫁给平台。尊重消费者选择权,确保跨平台互联互通和互操作。允许平台在合规经营前提下探索不同经营模式,明确平台与平台内经营者的责任,加快研究出台平台尽职免责的具体办法,依法合理确定平台承担的责任。鼓励平台通过购买保险产品分散风险,更好保障各方权益。(各相关部门按职责分别负责)
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