The Opinions of the State Council on Deepening the Pilot Reform of "Separation of Certificate and License"

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The Opinions of the State Council on Deepening the Pilot Reform of "Separation of Certificate and License"

GF [2017] No. 45

To the people's government of the provinces, autonomous regions and municipalities, the ministries and commissions of the state council and the direct affiliated institutions:

Carrying out the pilot reform of "Separation of Certificate and License" is an important move of implementing the major decisions of the CPC central committee and the state council, releasing the enterprises' innovation & entrepreneurial energy and promoting the law ruling, internationalization and facilitation of the business environment. Since the pilot reform of "Separation of Certificate and License" is implemented in Pudong New Area of Shanghai and part of 116 administrative approval items are cancelled, part of them are changed to the record, part of them are changed to notification, as well as the improvement of the transparency and predictability, the enterprise institutional trading costs have been effectively reduced and the remarkable achievement has been made. In order to further solve the problems of "Easy to apply for the license but had for the certificate", "Approved but operation not allowed" and to speed up the stable, fair and transparent and predictable business environment, the following opinions are hereby put forward regarding deepening the pilot reform of "Separation of Certificate and License":

I. Pilot scope and the content

On the basis of the in-depth summary of Shanghai Pudong New Area pilot reform of "Separation of Certificate and License", the mature approach will be copied to the 10 pilot free trade zones of Tianjin, Liaoning, Zhejiang, Fujian, Henan, Hubei, Guangdong, Chongqing, Sichuan and Shaanxi. The pilot period should be from the date of issuing to 21 December, 2018.

The 116 administrative approval items (excluding the items cancelled by the state council or department) allowed by the Approval of the State Council on the Overall Plan of Pilot Reform of "Separation of Certificate and License" in Shanghai (GH [2015] No. 222) and the Decision of State Council on Temporary Adjustment of the Relevant Administrative Laws and Regulations in Pudong New Area of Shanghai and the Administrative Approval Items specified by the State Council (GF [2016] No. 24) should applies in the above 10 pilot free trade zones. Separate notice will not be issued. For the items not included in 116 items and not involving a change in the law and administrative regulations, the local government can determine whether it is incorporated into the category of reform or not. The items beyond the 116 items or the change on corresponding reform measures and involving the changes in laws and administrative regulations and the state council's documents, the application should be made for approval according to the standard procedures.

II. Key points of reform

(1) Removing and normalizing various kinds of licensing. Except involving the national security, public safety, ecological safety and public health and other major public interests, the "Certificate" belonging to the license should be separated out and the proper management should be applied according to local actual situation. The first is to directly cancel the examination and approval and to implement the industrial self-discipline management, allowing the companies to conduct relevant business directly. The second is to change the approval to normalize. The enterprise submitting the relevant materials to the relevant government departments can carry out related activities. The government will no longer give approval or permission on the filing materials. The third is to implement the notification & commitment system. The enterprise committed to conform to the approval conditions and to submit the relevant materials can deal with relevant examination and approval matters. The fourth is to promote the transparency and predictability. The directory and procedure of administrative examination and approval items should be announced, to clarify the specific acceptance conditions and standards and to list the review requirements and time limits and to achieve standardization of service items. The parallel examination and approval and joint processing of the certificate and license should be vigorously promoted; the enterprise business link should be connected. The fifth is, at the same time of removing and normalizing the administrative approval items by the competent department, to comprehensively strengthen the construction of industry standard and develop the specific industry standard, urging the enterprise to put on record or realize the notification commitment in accordance with the standard. The industrial organization should be developed and the role of the industrial self-discipline and normative guide should be given play.

(2) Strengthen the supervision in and after the process. For the items with the approval cancelled or the approval changed to filing or notification commitment, the self-discipline norms and standards should be developed and detailed; the daily supervision should be strengthened; the combination of open access and strict regulation should be made, to ensure seamless connection with no dead angle. The principle of "The one giving approval should make regulation, the one in charge should make regulation" should be upheld, to explore and improve the regulation measures. The parallel approval should be implemented; the approval department, the department in charge and the regulatory department should take the regulatory responsibilities. The punishment against the violation behavior should be intensified. The competent departments of various industries should provide the compliance regulation from the approval regulation and should urge the enterprise to strictly implement the industrial standard and conduct compliant and trustworthy management through spot check, guiding the self inspection of the industry association and credit rating and other supervision in and after the process. The enterprise information publicity system and spot check system of the public information should be established; the system of enterprise operation exception list and serious illegal enterprises list system should be improved. The inter-departmental linkage response should be strengthened, to achieve the real-time information sharing and joint working between the industrial and commercial department, the approval department and the competent department and other relevant departments and to establish the joint punishment mechanism of "An illegal behavior will cause all-round limitation". The regulation of "Random sampling and random inspection by any inspector, and disclosure making" and comprehensive law enforcement reform should be promoted; the comprehensive regulation model should be created; the modern information technologies like large data should be fully used; the efficiency of supervision should be improved; the problems of multiple law enforcement and repeated law enforcement should be actively solved, to build a fair competition market environment.

(3) Accelerating the information sharing In view of the problems in the administrative examination and approval such as the repeated submission of the declaration materials, repeated examination and repeated certification, the basic information sharing of the citizens, enterprises and institutions and social organizations should be accelerated. The public credit information sharing platform, national enterprise credit information publicity system and other unified data exchange platforms of the government should be further improved, to explore the realization of the information sharing and business collaboration information between departments and to make information more available and less formalities for the people, providing convenience for business enterprises and the masses. The respective pilot trade zones should complete access to the national data sharing platform in advance, to realize the information sharing across different departments, different levels and different regions as soon as possible.

(4) Comprehensively promoting the reform of "Separation of Certificate and License" and "Multiple certificates in one". In principle of the integration, simplification and removal as far as possible, the certificate and license matters involving the enterprises should be comprehensively processed. After the reform of "Separation of Certificate and License", the certificates and licenses involving the information collection, recording announcement and the information for management of reference should be further integrated into the business license; the measures of "Multiple certificates in one, with one license and one code" should be implemented. The items that can be effectively adjusted by the market mechanism and that can be managed by the enterprise itself and that the original purpose can be met through the supervision in and after the process the supervision in and after the process should be gradually cancelled or changed to filing management.

III. Organization and implementation

(1) The pilot reform of "Separation of Certificate and License" in the pilot free trade zone should be led by the provincial people's government; based on 116 items of Shanghai Pudong New Area approved by the state council and considering the actual of the region, the local government should put forward the items to be cancelled, or to be changed to filing from approval, or to be changed to informed commitment, and should increase transparency and predictability and strengthen the admittance regulation, to form the pilot reform program of "Separation of Certificate and License" in each free trade zone. The pilot program should be delivered to the State Commission Office of Public Sectors Reform (Reform Review Office of the State Council) for the record before the end of October 2017.

(2) In the process of the pilot reform, the local government should gradually clear the procedure basis, materials, process and time limit for the reserved administrative approval items and should take the specific measures to optimize the process, reduce the discretion space and improve the work efficiency. Also, the local government should clarify the measures of the supervision in and after the process and should develop the regulatory documents to implement regulatory responsibilities. The relevant departments of the state council should provide the support to the pilot reform of "Separation of Certificate and License" in the pilot free trade zones and should timely adjust the relevant regulations and normative documents, to take the initiative to give guidance and help.

(3) The pilot zone should summarize the experiences of replicable practices in time, especially the practices for the implementation of the supervision responsibilities in and after the process. The SCOPSR, the State Administration for Industry and Commerce and the State Council Legislative Affairs Office will lead the reform promotion and organization and coordination work, and should summarize and evaluate the reform of "Separation of Certificate and License", to form the views and suggestions for full implementation.

With the approval of the provincial people's government, the national independent innovation demonstration zone, national high-tech industrial development zone, national economic and technological development zone and national new district in each region can copy and promote the practice of the reform of "Separation of Certificate and License" in Shanghai Pudong New Area (See GH [2015] No. 222, GF [2016] No. 24). At the same time, the local government should be supported to actively explore the measures of the supervision in and after the process matching with the reform of "Separation of Certificate and License", so as to prevent risks effectively.

IV. Work requirements

(1) Strengthening organization and leadership. All the relevant people's governments of the provinces (districts and municipalities) should fully recognize the importance, complexity and difficulty of the reform of "Separation of Certificate and License" and should include the work in the important agenda, to clear the responsibility, to strengthen organizational leadership, to establish collaborative work mechanism and to promote the reform of "Separation of Certificate and License" as well as other commercial system reform and administrative approval system. The pilot program should be carefully developed, coordinated and implemented; the practice plan of Shanghai should be copied to detail the tasks and clarify the schedule and responsibilities, to ensure the reform measures effectively implemented.

(2) Encouraging the exploration of innovation. Relevant departments and local government should respect and give play to the creativity of the grass-roots government; the local and grassroots government should be encouraged to make exploration boldly, to actively create a good environment and to summarize and promote the experiences of reform in a timely manner. The pilot free trade zone should dare to be first and to actively explore. As a "vanguard" of reform, the trade zone should build the "New highland" of the reform.

(3) Intensifying the supervision. The local government must strengthen the supervision on the reform of "Separation of Certificate and License". The typical representative implemented with positive results should be praised and encouraged; the problems and difficulties should be solved under the guidance; doing a perfunctory job, delaying the reform, incompetent working and creating obstacles for the enterprises should be seriously investigated.

(4) Carrying forward in accordance with the law. According to the requirements of major reform based on law and basis, the related work should be carried out in accordance with legal procedures, to ensure that the reform is carried forward in accordance with the law. By referring to the reform measures of "Administration and service simplifying" and the decision of change of laws and regulations, the establishment and cancellation of relevant laws and regulations should be accelerated, to provide effective support for the reform of "Separation of Certificate and License".



The State Council

22 September, 2017

(Public release)