Xinhua News Agency, Beijing, December 22, by wire
Opinions of the CPC Central Committee and the State Council on Creating a Better Development Environment to Support the Reform and Development of Private Enterprises
(December 4, 2019)
For more than 40 years of reform and opening up, private enterprises have played an irreplaceable role in promoting development, promoting innovation, increasing employment, improving people's livelihood and expanding opening up. The private economy has become an important part of the common development of a variety of ownership economies with China's public ownership as the main body. In order to further stimulate the vitality and creativity of private enterprises, and give full play to the important role of private economy in advancing supply-side structural reforms, promoting high-quality development, and building a modern economic system, the following is proposed to create a better development environment to support the reform and development of private enterprises opinion.
I. General requirements
(1) Guiding ideology. Guided by Xi Jinping's ideology of socialism with Chinese characteristics in the new era, fully implement the spirit of the 19th National Congress of the CPC and the 2nd, 3rd, and 4th Plenary Sessions of the 19th National Congress of the Communist Party of China. And improve the basic socialist economic system, adhere to the "two unshakables", adhere to the new development concept, adhere to the main line of supply-side structural reform, create a market-oriented, rule-of-law, and international business environment, and ensure the equality of private enterprises in accordance with the law The use of resource elements, open, fair and fair participation in competition, equal protection by the law, promotion of private enterprise reform and innovation, transformation and upgrading, and healthy development, allowing the source of private economic innovation to fully flow, allowing private enterprises to create vitality, and to fully realize the "two hundred "The year" and the Chinese dream of the great rejuvenation of the Chinese nation make greater contributions.
(2) Basic principles. Adhere to fair competition, treat all types of market players equally, create a fair market environment, policy environment, and rule of law environment, ensure equal rights, equal opportunities, and equal rules; follow the laws of the market, handle the relationship between the government and the market, and strengthen competition policy. Basic status, focusing on adopting market-oriented methods, realizing the survival of the fittest and optimizing the allocation of resources through market competition, promoting the regulation of market order; supporting reform and innovation, encouraging and guiding private enterprises to accelerate transformation and upgrading, deepening supply-side structural reforms, and continuously improving technological innovation Capabilities and core competitiveness; strengthen the protection of the rule of law, protect the legitimate rights and interests of private enterprises and entrepreneurs in accordance with the law, and promote private enterprises to build a bottom line for compliance with laws and regulations.
Optimize the market environment for fair competition
(3) Further liberalize market access for private enterprises. We will deepen the reform of "decentralization of services" and further streamline administrative approvals for market access. No additional conditions for access to private enterprises may be set. Fully implement policies and measures to relax market access for private enterprises, continue to track and regularly evaluate the implementation of relevant policies on market access, and comprehensively investigate and systematically clear up all types of explicit and hidden barriers. In key industries and fields such as power, telecommunications, railways, oil, and natural gas, we will release competitive businesses and further introduce market competition mechanisms. Support private enterprises to carry out basic telecommunications operation business in the form of equity participation, and to develop power generation, distribution and sales of electricity in the form of holding or equity participation. Support private enterprises to enter the fields of oil and gas exploration, development, refining, and sales, and build infrastructure for crude oil, natural gas, refined oil storage and transportation, and pipeline transportation. Support eligible enterprises to participate in crude oil imports and refined oil exports. Greatly relaxed market access in areas such as infrastructure, social undertakings, and financial services. Relevant functional departments of the above industries and fields shall study and formulate specific paths and methods for market access of private enterprises by industry, sector, and business, and define a road map and timetable.
(4) Implement a fair and unified market supervision system. Further standardize the standards and procedures for the inclusion of joint disciplinary targets for dishonesty, establish and improve credit repair mechanisms and objection systems, and standardize credit verification and joint disciplinary action. Strengthen the record review of laws and regulations related to optimizing the business environment. Further promote the joint "double random, one open" supervision of departments, and promote the reform of credit supervision and "Internet + supervision". Refine and clarify administrative law enforcement procedures, regulate the discretion of law enforcement, and strictly regulate fair and civilized law enforcement. Improve the management system of monopoly intermediaries and clear up the compulsory repeated identification and evaluation. We will deepen the reform of the mechanism and mechanism for the allocation of market-oriented factors, improve the mechanism for the formation and transmission of market-based factor prices, and ensure that private enterprises have equal access to resource elements.
(5) Strengthen the rigid constraints of the fair competition review system. We must pay equal attention to stock clearance and incremental review, continue to clean up and abolish various regulations and practices that hinder the unified market and fair competition, and expedite the clearance of regulations and practices on industry access, qualification standards, and industrial subsidies that are linked to the nature of the enterprise. Promote the transition of industrial policy from differentiation and selectivity to inclusiveness and functionality. Strictly review the newly introduced policies and measures, establish standardized procedures, and introduce third parties to conduct assessment and review. Establish a complaint reporting and handling response mechanism for violations of fair competition for all types of market players, and publicize the handling of the situation in a timely manner.
(6) Remove hidden barriers to bidding. For enterprises with corresponding qualifications, it is not allowed to set thresholds on the scale of enterprises that have nothing to do with their business capabilities and performance thresholds that clearly exceed the requirements of bidding projects. Improve the bidding procedure supervision and information publicity system. For bidding completed in accordance with the law and regulations, the person responsible for bidding shall not be held responsible for the nature of the successful bidder.
Third, improve the precise and effective policy environment
(7) To further reduce the tax burden on enterprises. Effectively implement policies to reduce taxes and fees on a larger scale, implement policies such as reducing VAT rates, expanding the scope of small and micro enterprises enjoying preferential tax treatment, increasing deductions for R & D expenses, and reducing social security rates, and substantially reduce corporate burdens. Establish and improve a system of supervision and inspection checklists, implement a list of fees and charges related to enterprises, clear up fees, assessments, and various evaluation and compliance activities of companies involved in violation of regulations, and step up efforts to clean up and rectify third-party interception of tax reduction and fee reductions, and further smoothen tax reduction. Fee transmission mechanism to effectively reduce the cost of private enterprises. It is necessary to prevent tax evasion with the strictest standards and avoid affecting the normal operation of enterprises due to improper taxation.
(8) Improve the system of banking financial institutions serving private enterprises. Further improve the matching between the financial structure and the economic structure, and support the development of small and medium-sized financial institutions with small, medium and micro private enterprises as their main service targets. We will deepen joint credit granting pilots and encourage banks and private enterprises to build mid-to-long-term bank-enterprise relationships. We will improve the credit due diligence and exemption mechanism, and implement a supervisory policy on the poor tolerance of loans to small and micro enterprises in the internal performance evaluation system. Strengthen assessment and incentives, increase credit loans reasonably, encourage banks to take the initiative to meet corporate renewal needs in advance, and further reduce the overall financing costs of private and small and micro enterprises.
(9) Improve the direct financing support system for private enterprises. Improve the stock issuance and refinancing system, and improve the efficiency of private companies' initial listing and refinancing review. Actively encourage qualified private enterprises to list on the science and technology board. Deepen the reform of the Growth Enterprise Market and the New Third Board to serve the sustainable development of private enterprises. Support the construction of regional equity markets serving private enterprises. Support private enterprises to issue bonds and lower the threshold for convertible bonds. Under the premise of compliance with laws and regulations, support for asset management products and insurance funds to actively participate in private enterprise relief through investment in private equity funds and other methods. Encourage joint efforts to resolve stock pledge risks through debt restructuring and other methods. Actively attract social forces to participate in the debt-to-equity swap of private enterprises.
(10) Improve the financing and credit enhancement support system for private enterprises. Promote pledge financing of movable assets such as bills and orders based on the supply chain, and encourage third parties to establish integrated supply chain service platforms. Where private enterprises and small and medium-sized enterprises apply for guarantee financing with accounts receivable, payable parties such as state organs, institutions, and large enterprises shall promptly confirm the debt-debt relationship. Promote the simplification, standardization and standardization of the pledge registration process, and establish a unified publicity system for movable property and rights guarantee registration. Actively explore the establishment of a new mechanism for credit enhancement of high-quality private enterprises, encourage localities with conditions to set up small and medium-sized private enterprise risk compensation funds, and study and launch private enterprise credit enhancement demonstration projects. Develop private enterprise bond financing support tools, and increase credit in a market-oriented manner to support private enterprise financing.
(11) Establish a long-term mechanism for cleaning up and preventing arrears. Governments at all levels and large state-owned enterprises must perform agreements and contracts with private enterprises and SMEs in accordance with the law, and must not extend the payment period in the form of acceptance bills, etc. in violation of the true wishes of the private enterprises or SMEs or outside the agreed payment methods. Accelerate relevant legislation for timely payment, establish a disciplinary and disciplinary mechanism for arrears, and increase the cost of arrears and breaches of credit by government departments and state-owned enterprises through auditing and monitoring and the establishment of a credit system. Accountability for those who owe money to private enterprises and SMEs will be taken seriously.
Fourth, a sound and equal protection of the rule of law environment
(12) Improve the equal protection mechanism of law enforcement and justice for private enterprises. We will increase criminal protection for private enterprises, and punish illegal acts that violate the legitimate rights and interests of investors, managers, and employees of private enterprises. Improve the efficiency of judicial trials and enforcement to prevent delays in litigation from affecting the production and operation of enterprises. Protect the legitimate rights and interests of private entrepreneurs in assisting the discipline inspection and supervision organs in examining and investigating. We will improve the punitive compensation system for infringement of intellectual property rights, and improve the rules for litigation evidence, evidence disclosure, and rules for the exclusion of evidence.
(13) Protect the legal property of private enterprises and entrepreneurs. Measures such as seizure, seizure and freezing shall be strictly followed in accordance with legal procedures, and illegal income, other property involved in the case and legal property shall be strictly distinguished in accordance with the law, corporate property shall be strictly distinguished from personal property of shareholders, and personal property of persons involved shall be strictly distinguished from property of family members. Continue to screen and correct injustice cases that violate the personal and property rights of private enterprises and entrepreneurs. Establish a long-term mechanism for the governance of government-owned property disputes.
V. Encourage and guide the reform and innovation of private enterprises
(14) Guide private enterprises to deepen reform. Conditional private enterprises are encouraged to accelerate the establishment of a modern enterprise system with reasonable governance structure, shareholder behavior norms, effective internal constraints, and efficient and flexible operation, and attach importance to the role of corporate lawyers and legal advisors. Private enterprises are encouraged to formulate standardized articles of association, improve the company's shareholders' meeting, board of directors, and board of supervisors, and clarify their respective functions and powers and rules of procedure. Encourage private enterprises to improve internal incentive and restraint mechanisms, standardize and optimize business processes and organizational structures, establish scientific and standardized labor and income distribution systems, and promote sophisticated management of quality, branding, finance, and marketing.
(15) Support private enterprises to strengthen innovation. Encourage private enterprises to undertake various national scientific research projects independently or jointly with relevant parties, participate in major national scientific and technological projects, and transform innovation results through the implementation of technological transformation. Governments at all levels should treat enterprises of different ownership equally when implementing projects such as technological innovation and technological transformation. Accelerate the opening of major national scientific research infrastructure and large-scale scientific research instruments to private enterprises. Ensure equal participation of private enterprises in the process of standard setting and review. Systematic review of professional title evaluation, award declaration, welfare guarantee and other regulations linked to the nature of the enterprise, and smoothing the flow of scientific and technological innovation talents to private enterprises. In terms of talent introduction support policies, private enterprises are treated equally and private enterprises are encouraged to introduce high-level overseas talents.
(16) Encourage the transformation, upgrading and optimization of private enterprises. Encourage private enterprises to focus on their main businesses and accelerate transformation and upgrading according to local conditions. Optimize the market environment for corporate mergers and acquisitions, support private enterprises to become better and stronger, and cultivate more world-class companies with global competitiveness. Support private enterprises to participate in the reform of state-owned enterprises. Guide small and medium-sized private enterprises to follow the path of “specialized and new” development. Smooth market-based exit channels, improve legal systems such as bankruptcy liquidation and reorganization of enterprises, improve the convenience of deregistration and registration, and further improve the disposal of "zombie enterprises".
(17) Improve the mechanism for private enterprises to participate in the implementation of major national strategies. Encourage private enterprises to actively participate in the joint construction of the “Belt and Road”, the coordinated development of the Beijing-Tianjin-Hebei region, the development of the Yangtze River Economic Belt, the integrated development of the Yangtze River Delta, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, the ecological protection and high-quality development of the Yellow River Basin, and the overall deepening of Hainan Major national strategies such as reform and opening up, and actively participate in rural revitalization strategies. Actively attract private enterprises to participate in major plans, major projects, major projects, and major events.
Promote the standardized and healthy development of private enterprises
(18) Guidance of private enterprises to concentrate on God-led industry. Create a good social atmosphere for hard work and prosperity, and encourage the private enterprises to support the industry. Guide private enterprises to improve their strategic planning and execution capabilities, promote the spirit of craftsmen, and continuously improve the quality of enterprise development by focusing on industry and pursuing the main industry. Vigorously promote the patriotic dedication, compliance with the law, hard work, innovation and development, focus on quality, the pursuit of excellence, integrity and commitment, fulfill the responsibility, the courage to act, and serve the society's outstanding entrepreneurship, carefully summarize and organize a number of typical cases, play a demonstration With action.
(19) Promote the law-abiding and private operation of private enterprises. Private enterprises should build a bottom line for compliance with laws and regulations, operate in accordance with the law, govern enterprises in accordance with the law, and safeguard their rights in accordance with the law, and earnestly perform their responsibilities such as environmental protection, production safety, and protection of employees' rights and interests. Private enterprises must go abroad to operate in compliance with laws and regulations, and create a good image.
(20) Promote private enterprises to actively fulfill their social responsibilities. Guide private enterprises to honour their credibility, keep their promises, and tell the truth, consciously strengthen credit management, and promptly disclose information. Support private enterprises to invest in the old revolutionary areas, ethnic regions, border areas, poverty-stricken areas, central and western regions, and northeast China, and guide private enterprises to participate in counterpart support and assistance work. Encourage private enterprises to actively participate in social public welfare and charity.
(21) Guide the healthy growth of private entrepreneurs. Private entrepreneurs should strengthen self-learning, self-education, self-improvement, cherish their social image, love the motherland, the people, and the Communist Party of China, treat law and integrity as the foundation of their lives, and actively implement the core values of socialism. It is necessary to strengthen the education of ideals and beliefs of private entrepreneurs, especially the younger generation of private entrepreneurs, to implement a plan for promoting the healthy growth of younger generations of private entrepreneurs, and to support and help private entrepreneurs realize the succession and orderly inheritance of new and old careers.
Seven, build pro-clear government and business relations
(22) Establish a standardized mechanism for government-enterprise communication channels. The main responsible comrades of the local party and government at all levels must adopt various methods to constantly listen to the opinions and demands of private enterprises, and open channels for entrepreneurs to submit opinions. Encourage industry associations, chambers of commerce, and people's organizations to play a constructive role in smooth communication between private enterprises and the government, and support outstanding private entrepreneurs to take part-time positions in group organizations.
(23) Improve the policy-making and implementation mechanisms of enterprises involved. When formulating and implementing enterprise-related policies, we must fully listen to relevant corporate opinions and suggestions. Maintain policy continuity and stability, improve the entire process evaluation policy of enterprise-related policies, improve the policy adjustment procedures of enterprise-related policies, and set a reasonable transition period based on actual conditions to allow enterprises the necessary adjustment and adjustment time. Policy implementation must adhere to seeking truth from facts and not "one size fits all."
(24) Innovate the service model of private enterprises. Further enhance government service awareness and ability, and encourage governments at all levels to compile a list of government service matters and make them public. Maintain fair market competition order and improve the rescue mechanism for high-quality enterprises in distress. Establish a "good bad review" system for government services. Improve the service model and service chain for the entire life cycle of private enterprises.
(25) Establishing a government compliance mechanism. Governments at all levels must conscientiously fulfill various types of contracts signed with private enterprises in accordance with the law in activities such as investment promotion and cooperation between the government and social capital. Establish a mechanism for tracing and taking responsibility for government breach of trust, and to compensate for losses suffered by private enterprises due to changes in government commitments and contractual agreements due to national interests, public interests, or other legal reasons.
(26) Establish and improve the party building work mechanism of private enterprises. Adhere to the party's leadership in supporting the reform and development of private enterprises, strengthen the "four consciousnesses", strengthen the "four self-confidences" and achieve "two maintenances", educate and guide private enterprises and entrepreneurs to support the party's leadership, and support party building . Guide private enterprises to set up party organizations, actively explore and innovate ways of party building, center on propaganda and implementation of the party's line, principles and policies, unite and unite workers, safeguard the legitimate rights and interests of all parties, build advanced corporate culture, and promote the healthy development of enterprises. The organization's battle fortress role and the role of pioneers and exemplary members of the party members strive to improve the quality of party organization and job coverage in private enterprises.
(27) Improve the working mechanism for supporting the reform and development of private enterprises. Establish a leadership coordination mechanism to support the reform and development of private enterprises. Include relevant indicators to support the development of private enterprises into a high-quality development performance evaluation system. Strengthen the statistical monitoring and analysis of the private economy. Carry out policy training for private entrepreneurs.
(28) Improve the working mechanism of public opinion guidance and demonstration guidance. Strengthen public opinion guidance, take the initiative to tell the stories of private enterprises and entrepreneurs, resolutely resist and promptly refute and clarify the erroneous statements that question the basic socialist economic system and deny the private economy. In various selection and recognition activities, outstanding private enterprises and entrepreneurs are treated equally. Study and support the reform and development of benchmarking private enterprises and private economy demonstration cities, and give full play to the leading role of demonstration.
All regions and departments should fully understand the importance of creating a better development environment to support the reform and development of private enterprises, and practically integrate ideas and actions into the decision-making and deployment of the Party Central Committee and the State Council. Do a good job of implementing this opinion. The National Development and Reform Commission shall evaluate the implementation of policies supporting the reform and development of private enterprises in a timely manner in conjunction with relevant departments, and report major situations to the Party Central Committee and the State Council in a timely manner.