Regulations of Henan Province on Optimizing Business Environment

Chapter I General Provisions Article 1 In order to optimize the business environment, safeguard the legitimate rights and interests of market participants, stimulate market vitality and promote high-quality economic and social development, these Regulations are formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations of the State Council on Optimizing the Business Environment and other laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to the work of optimizing the business environment within the administrative area of this province.

The business environment mentioned in these Regulations refers to the institutional factors and ecological, cultural, urban and other environmental conditions involved in market economic activities by enterprises, individual industrial and commercial households and other market entities. Article 3 To optimize the business environment, we should adhere to the principles of marketization, rule of law, internationalization and convenience, take the needs of market participants as the guide, and aim at the least examination and approval, the best process, the smoothest system, the most flexible mechanism, the highest efficiency and the best service, optimize the market environment, improve government services, strengthen the protection of the rule of law, and create security, stability, unity, openness, transparency, fairness, convenience and convenience for all market participants. Article 4 State organs at all levels and their staff shall publicize and implement relevant policies, treat market players equally, actively provide efficient services, strictly regulate law enforcement and judicial actions, organize and promote economic and trade activities, abide by the law in good faith, implement the system of contacting enterprises, listen to the opinions of enterprises and help enterprises solve problems.

State organs at all levels and their staff shall not increase the burden on enterprises in the work of business environment; No abuse of power; Don't be lazy in politics; Do not discriminate against private enterprises; Don't ignore the demands of enterprises; Do not accept enterprise property; Shall not interfere with the business activities of the enterprise; Do not interfere in economic disputes in violation of regulations; A new broom sweeps clean. Article 5 People's governments at all levels shall strengthen the organization and leadership over the work of optimizing the business environment, establish a coordination mechanism for the work of optimizing the business environment, make overall plans to promote the work of optimizing the business environment, and coordinate and solve major problems in the work of optimizing the business environment in a timely manner.

The development and reform department of the people's government at or above the county level is the competent department for optimizing the business environment, responsible for guiding, organizing, coordinating and supervising the work of optimizing the business environment, accepting and supervising the demands of business environment problems in a timely manner, and investigating and punishing illegal acts that undermine the business environment according to the division of responsibilities.

Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in optimizing the business environment. Article 6 Supervisory committees at all levels shall strengthen supervision over the work of optimizing the business environment, support the healthy development of market players, ensure the implementation of policies related to optimizing the business environment, and promote the construction of pro-fresh political and business relations.

People's courts, people's procuratorates and public security organs at all levels shall protect the legitimate rights and interests of various market entities, resolve conflicts and disputes in a timely manner, and maintain an equal and orderly business environment. Article 7 To optimize the business environment, we should adhere to the principles of equal rights, equal opportunities and equal rules, and treat all kinds of market players equally.

Market participants enjoy equal status and fair competition rights, and their personal rights, property rights, business autonomy and employment autonomy are protected by law, and they have the right to complain and report violations of their legitimate rights and interests.

Market participants should abide by laws and regulations, social ethics and business ethics, be honest and trustworthy, undertake social responsibilities such as saving resources, protecting the ecological environment, ensuring safe production and safeguarding consumers' rights and interests, and consciously accept government management and social supervision. Article 8 People's governments at all levels, relevant departments and news media shall publicize policies, measures and advanced models to optimize the business environment through government websites, radio and television, newspapers and magazines, promote the spirit of honesty and credit, and create a good business atmosphere. Article 9 People's governments at or above the county level and their relevant departments shall establish convenient and smooth channels to accept complaints and reports on the business environment.

The people's governments at or above the county level shall establish an assessment and incentive mechanism to optimize the business environment, and may commend and reward units and individuals that have made remarkable achievements in optimizing the business environment in accordance with regulations. Chapter II Optimizing the Market Environment Article 10 All kinds of market entities shall enjoy equal market access rights within the administrative region of this province according to law. In addition to the negative list of national market access, people's governments at all levels and relevant departments shall not separately formulate a negative list of market access nature, and shall not formulate policies and measures that discriminate against non-public market entities.

People's governments at all levels and relevant departments shall not restrict or restrict foreign market players from engaging in local production and business activities in disguised form, and shall not restrict foreign goods and services from entering the local market.

Our province implements the pre-entry national treatment plus negative list management system for foreign investment. Foreign investment in areas other than the negative list shall be managed in accordance with the principle of consistency between domestic and foreign investment. Eleventh people's governments at all levels and relevant departments shall protect the autonomy of market players according to law. No unit or individual may interfere in matters that should be decided by market participants independently according to law. Article 12 No unit or individual may apportion market participants in any form, occupy their lawful property, infringe upon their lawful rights and interests, or interfere with their normal production and business activities. Article 13 People's governments at all levels and relevant departments should promote the market-oriented reform of factors such as land, labor, capital, technology and data, improve the operating mechanism of factor market, improve the rules and service system of factor trading, promote the independent and orderly flow of factors, improve the efficiency of factor allocation, and stimulate the creativity and vitality of market participants.

People's governments at all levels and relevant departments shall, in accordance with the law, ensure that all kinds of market players apply the national and provincial policies to support development equally, use all kinds of production factors and public service resources such as land, labor, capital, technology and data equally, and participate in market competition fairly.

People's governments at all levels and relevant departments shall treat all kinds of market players equally according to law in terms of government funding arrangements, land supply, tax reduction and exemption, qualification licensing, standard formulation, project declaration, professional title evaluation, etc., and shall not formulate and implement discriminatory policies and measures.