Optimizing Business Environment Regulations

Chapter 1 General Provisions Article 1 These Regulations are formulated in order to continuously optimize the business environment, continuously liberate and develop social productivity, accelerate the construction of a modern economic system, and promote high-quality development. Article 2 The business environment referred to in these Regulations refers to the institutional factors and conditions involved in market economic activities by enterprises and other market entities. Article 3 The state continues to deepen the reform of streamlining administration and delegating power, combining delegation and regulation, and optimizing services, minimizing the government's direct allocation of market resources, minimizing the government's direct intervention in market activities, strengthening and standardizing interim and ex-post supervision, and striving to improve Government service capabilities and levels can effectively reduce institutional transaction costs, further stimulate market vitality and social creativity, and enhance development momentum.

People's governments at all levels and their departments should adhere to openness and transparency in government affairs, make openness the norm and non-disclosure the exception, and comprehensively promote the disclosure of decision-making, execution, management, services, and results. Article 4 To optimize the business environment, we should adhere to the principles of marketization, rule of law and internationalization, be guided by the needs of market entities, take the profound transformation of government functions as the core, innovate systems and mechanisms, strengthen coordination and linkage, improve legal protection, and benchmark against international advanced level, and create a stable, fair, transparent and predictable environment for various market entities to invest and start businesses. Article 5: The state accelerates the establishment of a modern market system that is unified, open, and competitive with orderly competition, promotes the free flow of various production factors in accordance with the law, and ensures that all types of market entities can participate in market competition fairly. Article 6: The state encourages, supports, and guides the development of the non-public economy and stimulates the vitality and creativity of the non-public economy.

The country further expands opening up to the outside world, actively promotes foreign investment, and treats various market entities such as domestic-funded enterprises and foreign-invested enterprises equally. Article 7 People's governments at all levels shall strengthen the organizational leadership of optimizing the business environment, improve policies and measures for optimizing the business environment, establish and improve relevant mechanisms for coordinating and promoting and supervising the implementation of optimizing the business environment, and promptly coordinate and resolve issues related to optimizing the business environment. major issues in business environment work.

Relevant departments of the people's governments at or above the county level shall do a good job in optimizing the business environment in accordance with the division of responsibilities. Local people's governments at or above the county level may, based on actual conditions, specify the departments in charge of optimizing the business environment.

The state encourages and supports all regions and departments to actively explore original and differentiated specific measures to optimize the business environment within the framework of the rule of law based on actual conditions; if any mistakes or deviations occur during the exploration, they must meet the prescribed conditions. , the liability may be exempted or reduced. Article 8: The state establishes and improves a business environment assessment system that is oriented to the satisfaction of market entities and the public, and gives full play to the leading and supervisory role of business environment assessment in optimizing the business environment.

Carrying out business environment assessment shall not affect the normal work of various regions and departments, nor may it affect the normal production and operation activities of market entities or increase the burden on market entities.

No unit may use business environment assessment to seek benefits. Article 9 Market entities shall abide by laws and regulations, abide by social ethics and business ethics, be honest and trustworthy, compete fairly, fulfill legal obligations in safety, quality, protection of workers' rights and interests, and protection of consumer rights and interests, and abide by international standards in international economic and trade activities. General rules. Chapter 2 Protection of Market Subjects Article 10 The state adheres to equal rights, equal opportunities, and equal rules, and ensures that economic equality of all forms of ownership is protected by law. Article 11 Market entities shall enjoy operational autonomy in accordance with the law. No unit or individual may intervene in various matters that should be independently decided by market entities according to law. Article 12 The state guarantees that various market entities have equal access to capital, technology, human resources, land use rights and other natural resources and other production factors and public service resources in accordance with the law.

All types of market entities shall equally apply state policies supporting development in accordance with the law. The government and its relevant departments should treat all types of market entities equally in accordance with the law in terms of government fund arrangements, land supply, tax exemptions, qualification licensing, standard formulation, project declaration, professional title evaluation, human resources policies, etc., and shall not formulate or implement discriminatory policies. policy measures. Article 13 Bidding and government procurement shall be open, transparent, fair and just, market entities of all types of ownership and different regions shall be treated equally in accordance with the law, and shall not be restricted or excluded based on unreasonable conditions or the origin of products.

Relevant government departments should strengthen the supervision of bidding and government procurement, and correct and investigate violations of laws and regulations in accordance with the law.

Article 14: The state protects the property rights and other legitimate rights and interests of market entities in accordance with the law, and protects the personal and property safety of business operators.

It is strictly prohibited to impose administrative coercive measures such as sealing, freezing, and detaining the property of market entities and the personal property of business operators in violation of legal authority, conditions, and procedures; if it is truly necessary to implement the aforementioned administrative coercive measures in accordance with the law, they should be limited to within the required range.

It is prohibited to require market entities to provide financial, material or human resources in addition to the provisions of laws and regulations. Market entities have the right to refuse any form of allocation. Article 15: The state establishes a punitive compensation system for intellectual property infringement, promotes the establishment of a rapid collaborative protection mechanism for intellectual property rights, improves a diversified resolution mechanism for intellectual property disputes and an assistance mechanism for intellectual property rights protection, and strengthens the protection of intellectual property rights.

The country continues to deepen reforms to facilitate trademark registration and patent applications, and improve the efficiency of trademark registration and patent application review.