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Xi'an Municipal People's Government, Yangling Demonstration Zone, Xixian New District Administrative Committee, provincial people's government departments, and agencies directly under:
The "Implementation Plan for the Full Coverage of the" Separation of Licenses and Licenses "Reform in the China (Shaanxi) Pilot Free Trade Zone) has been approved by the provincial government and is now being issued to you. Please implement it carefully.
General Office of Shaanxi Provincial People's Government
November 30, 2019
Full Coverage Pilot Implementation Plan of "License Separation" Reform in China (Shaanxi) Pilot Free Trade Zone
In order to implement the spirit of the “Notice of the State Council on the Implementation of the Full-Coverage Pilot of the“ Separation of Licenses and Licenses ”Reform in Free Trade Pilot Areas” (Guo Fa  No. 25), continue to deepen the reform of “decentralization and management services” and further reduce corporate institutional transaction costs We will continue to stimulate market vitality and social creativity, and steadily advance our province's "separation of licenses and licenses" reform to cover the whole pilot project and formulate this implementation plan.
I. Pilot scope and content
On the basis of in-depth summary of the province's recent experience in implementing the "separation of licenses and licenses" reforms on some business-related licenses, starting from December 1, 2019, the "Separation of Licenses and Licenses" reform has been launched in the China (Shaanxi) Pilot Free Trade Zone. Coverage pilots: implement full-coverage list management on 523 items set at the central level and 10 items set by our province (see Annexes 1 and 2). Cancel approvals, change approvals to record, and implement notification commitments. The four methods of optimizing the examination and approval services are to advance the reforms and strive to form a batch of system innovations that can be replicated and promoted. Among them, matters that do not involve local powers at the central level should be promoted in accordance with the implementation plan formulated by the relevant departments of the State Council.
Ⅱ. Pilot missions
(I) Promote reform of the examination and approval system by classification.
Within the scope of the Pilot Free Trade Zone, the following four methods shall be adopted for the management of the business licenses of the enterprises involved (including individual industrial and commercial households, farmers' professional cooperatives, and the same below) that are included in the full coverage of the "separation of licenses and licenses" reform.
1. Cancel the approval directly (13 items). Cancel the approval directly for the enterprise-related business licenses that are no longer necessary for setting, market mechanisms can be effectively regulated, industry organizations or intermediary agencies can effectively implement industry self-discipline management, and can effectively regulate after-event supervision.
After the approval is cancelled, the enterprise can start operations with a business license. Market supervision and other administrative review and approval departments shall promptly push the establishment and change of registration information of related enterprises to the relevant competent departments through the National Credit Information Sharing Platform (Shaanxi), and the relevant competent departments shall proactively incorporate relevant enterprises into the scope of supervision in a timely manner and implement post-event and post-event supervision in accordance with the law. .
2. Approval was changed to record (8 items). For the enterprise-related business license items that can be cancelled for review and approval, it is necessary for the company to provide relevant information in a timely and proactive manner, so that the relevant competent authorities can effectively implement industry management and safeguard public interests. We must resolutely prevent approval in the name of record.
In principle, the matter of changing approval to record shall be handled in principle in accordance with the requirements of "multiple certificates in one" during the registration of enterprises, and market review and other administrative review and approval departments will promptly push the record information to the relevant competent authority. If it is really necessary to go to the relevant competent authority for the record, it is necessary to simplify the elements of the record, strengthen the information sharing, and facilitate the business of the enterprise. After the enterprise files the record, the relevant competent authorities shall implement effective supervision in accordance with the law. For enterprises that have not filed according to the regulations or the information on the record is not true, it is necessary to clarify the supervision rules, deal with them according to laws and regulations and take measures to correct them.
3． Implement notification commitments (62 items). The enterprise promises to comply with the conditions of the business license for the matters related to the business license that need to be kept. If the competent authority can rectify the behavior that does not meet the conditions of the business license and prevent risks effectively, it shall implement the notification commitment.
Regarding matters concerning the implementation of notification commitments, the relevant competent authorities shall accurately and completely list the specific conditions of quantifiable and operable business licenses without the bottom line clauses, clarify the regulatory rules and the consequences of breach of commitments, and inform the enterprises at one time, and provide a notification commitment Model text. If the company voluntarily promises that it has the operating permit conditions and submits the materials as required, an approval decision must be made on the spot, and the company can start operations after receiving the license. For an enterprise that does not yet have the conditions for a business license, but promises to do so within a certain period of time after it has promised to obtain a license, the business can only start operations after it meets the conditions for a business license and submits materials as required.
Relevant competent departments shall treat enterprises that have promised to obtain certificates through notification and treat those that have obtained certificates through general approval procedures on an equal basis, and strengthen post-event and post-event supervision according to the risk situation. The content of corporate commitments should be made public to facilitate social supervision. The relevant competent department shall order the company to conduct rectification within a time limit if it finds that the enterprise does not meet the promised conditions. If it fails to meet the requirements within the time limit or fails to meet the requirements, it shall revoke the license according to law. The losses caused by failure to notify according to the regulations shall be borne by the relevant competent authorities, and the losses caused by false promises or breach of promises shall be borne by the enterprise.
4． Optimization of approval services (450 items). For major public interests that are related to national security, public safety, financial security, ecological safety, and public health, and do not have the cancellation of approvals or implementation of the conditions for notification of commitments, practical measures should be taken to optimize approval services, improve approval efficiency, and reduce Service costs.
Regarding the matters of optimizing the examination and approval services, the relevant competent authorities shall take the following measures to address the difficult and painful issues that the enterprise cares about: First, decentralize the examination and approval authority. On the basis of full investigation, for matters that are more convenient and efficient to be implemented by the Pilot Free Trade Zone, which can be effectively undertaken, the approval authority should be delegated or entrusted to the relevant competent authority in the area where the Pilot Free Trade Zone is located, so that the companies in the zone can do their work nearest. . The second is to reduce approval requirements and links. It is necessary to significantly streamline the conditions for operating permits and approval materials, resolutely cancel the "Wonderful Certificate", optimize parallel procedures, and other methods, and actively reduce the time limit for approval. The third is to extend or cancel the validity period. If the validity period is set for the license but the conditions of the business license are basically unchanged, the validity period shall be extended or cancelled in principle. The fourth is to publish the conditions for controlling the total amount and the status of the stock. For matters with quantitative restrictions, it is necessary to regularly announce the total amount control conditions, layout plans, enterprise stocks, and the ordering of applicant enterprises, so as to facilitate enterprises' independent decision-making. At the same time, encourage all localities and departments to actively explore innovative measures to optimize approval services.
(Ⅱ) Implement related supporting policies for reform.
1. Promote standardized registration of business scope. The market supervision and other administrative examination and approval departments shall consult the relevant competent authorities to clearly express the business scope corresponding to the business license matters involving enterprises, promote the standardized registration of business scope, and clarify the correspondence between licenses and licenses. When an enterprise conducts registration, the market supervision and other administrative review and approval departments must clearly inform the enterprise of the business license items that need to be handled according to the business scope declared by the enterprise, and accurately push the enterprise information that needs to apply for the license to the national credit information sharing platform (Shaanxi). Relevant competent authorities; Relevant competent authorities shall apply for relevant business licenses in a timely manner in accordance with the application of the enterprise, and push the results of the processing to the market approval and other administrative approval departments through the national credit information sharing platform (Shaanxi).
2. Strengthen the collection and sharing of information. Relevant departments shall timely collect information such as enterprise registration, business license, filing, law enforcement inspection, and administrative punishment on the provincial government service platform, the national credit information sharing platform (Shaanxi), and the national enterprise credit information disclosure system (Shaanxi). In addition to state secrets, the centralized sharing of government information related to business operations is realized. The information that can be obtained by relevant departments through information sharing shall no longer be required to be provided by the enterprise. Involving departments' vertical management of business information systems, relevant departments should actively respond to local information needs and promptly introduce a convenient and feasible information collection and sharing implementation plan.
3． Continuously improve the efficiency of approval. Relevant competent departments shall further advance the standardization of examination and approval services, formulate and publish accurate, complete, concise and easy-to-understand guidelines, regulate discretion, strictly limit time limits, and eliminate hidden thresholds. It is necessary to accelerate the promotion of "Internet + government services", and promote the entire process of business licenses involving enterprises, "One Netcom Office" and "run at most once." It is necessary to strengthen the supervision and management of examination and approval actions, establish a "good and bad evaluation" system for examination and approval services, and assess service performance by enterprises.
4． Strengthen after-event supervision. Relevant competent departments should strengthen the link between approval and supervision in accordance with the principle of "who approves, who is responsible, who is in charge, and who supervises", clarify the responsibilities of the approving and supervisory departments, and resolutely correct "no approval, no approval, no approval", and strict approval. Tube "and other issues. It is necessary to comprehensively implement "double random, one open" supervision, cross-department joint supervision and "Internet + supervision", implement inclusive and prudent supervision of new technologies, new industries, new business models, and new models, and implement key supervision of high-risk industries and fields. It is necessary to strengthen credit supervision, investigate and deal with illegal behaviors such as false promises and illegal operations and record them in the company's credit records, and implement joint disciplinary measures against dishonesty. It is necessary to strengthen social supervision, timely handle complaints and reports according to law, and guide social forces to participate in the governance of market order. It is necessary to strengthen the deterrent effect of supervision, and to revoke or revoke relevant licenses and implement market bans on enterprises and persons responsible for serious illegal operations.
Ⅲ. Organization and implementation
(I) Strengthen organizational leadership.
The Provincial Market Supervision Bureau, the Provincial Department of Justice, the Provincial Department of Commerce (Provincial Free Trade Office) and the Provincial Review and Reform Office are in charge of coordinating and advancing the reform work, coordinating, guiding and supporting the Pilot Free Trade Zone to properly resolve the difficulties and problems encountered in the reform. The people's government (Administration Committee) where the Pilot Free Trade Zone is located bears overall responsibility for the reform pilot work in the region. It must clarify the lead department, improve the working mechanism, strengthen the division of responsibilities, and solidly promote reform.
(Ⅱ) Clear task division.
Provincial Market Supervision Bureau, Provincial Department of Commerce (Provincial Free Trade Office), Provincial Examination and Reform Office: Guide and supervise relevant competent departments to improve and refine reform measures related to business licenses, coordinate and guide, investigate and research, interpret policies, and supervise Implementation, summary evaluation, etc.
Provincial Justice Department: In accordance with the adjustments determined by national laws, administrative regulations and the State Council, timely cooperate with relevant departments to make corresponding adjustments, and establish legal guarantees that are compatible with the requirements of the pilot.
Provincial Development and Reform Commission: In accordance with the requirements of the reform pilot, coordinate the relevant departments to do a good job of docking with the provincial government service platform and the national credit information sharing platform (Shaanxi), accelerate the implementation of inter-department information interconnection and information collection and sharing, and Collect and share the situation for normal release.
Provincial related departments: guide and urge the system to implement various reform pilot tasks, formulate and announce specific reform measures, post-event and post-event supervision measures, etc. of this system, and regularly maintain and update them; take the initiative to communicate with the provincial development and reform commission Docking with the information-providing departments of enterprises involved, and do a good job of docking the information network and sharing and sharing of information in this system.
Relevant people's governments (Administrative Committees): Specify the lead department and coordinate and advance the pilot work of the reform of the Pilot Free Trade Zone in the region. Statistics are submitted monthly for approvals, and appraisal and evaluation services are well prepared. In particular, it is necessary to clarify the responsibilities of market supervision, administrative approval, and other departments in accordance with the new system of institutional reform, and to do a good job of linking up the work to prevent blame and non-implementation.
(Ⅲ) Pay close attention to implementation.
Provincial departments and relevant cities (districts) should strengthen collaboration, closely track the progress of the reform pilot work, summarize and evaluate the pilot situation, improve policy measures in a timely manner, and ensure that the pilot program achieves the expected results; do a good job of propaganda and interpretation of reform policies and job training, and expand The policy awareness rate creates a favorable atmosphere conducive to reform; the typical experience, innovative practices and existing problems in the process of reform advancement shall be reported to the provincial lead department in a timely manner.