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Notice of Sichuan Provincial People’s Government on Printing and Issuing of the Pilot Program for the Reform of the “Separation of Business Permit and License” in the China (Sichuan) Pilot Free Trade Zone
Updated:2017.12.29

CFF2017No. 63

 

The People's Government of Chengdu and Luzhou, the relevant departments and the directly affiliated institutions of the Provincial Government, and the relevant units:

  The “Pilot Program for the Reform of the ‘Separation of Business Permit and License’ in the China (Sichuan) Pilot Free Trade Zone” will be printed and issued to you. Please carry it out conscientiously.


Sichuan Provincial People’s Government

December 23, 2017
 

 

Pilot Program for the Reform of the ‘Separation of Business Permit and License’ in the China (Sichuan) Pilot Free Trade Zone



  In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China, this plan is formulated in accordance with the requirements of “State Council's Opinions on Promoting the Pilot Reform of the ‘Separation of Business Permit and License’ on a Larger Scale” (GF2017No. 45, hereinafter referred to as the “Opinions”) and the reality of our province.

  1. Reform Objectives

  In the China (Sichuan) Pilot Free Trade Zone (including Tianfu New Area in Chengdu, Qingbaijiang Railway Port Area in Chengdu, and South Sichuan Port Area, hereinafter referred to as the Pilot Free Trade Zone), we will carry out the pilot reform of “Separation of Business Permit and License”, promote the legalization, internationalization and facilitation of the business environment in the Pilot Free Trade Zone, accelerate the adaptation of enterprises in the region to international trade rules, further release the vitality of innovation and entrepreneurship, create new advantages for inland areas to participate in international economic cooperation and competition, and promote better and faster economic and social development in the province.

  2. Basic Principles

  We should adhere to the overall planning, coordinate the promotion of the “Separation of Business Permit and License” reform and other reforms of commercial system and administrative examination and approval system, and enhance the systemic, holistic and synergistic nature of the reform.

  We should adhere to the rules of the law to carry out the pilot work according to the law and regulations. Within the scope of matters determined by the State Council, we should clarify the matters and ways of implementation in our province, speed up the revision and abolition of the laws and regulations and documents involved in our province to provide legal guarantee for the pilot reform of “Separation of Business Permit and License”.

  We should adhere to the local leadership and give full play to the main role of the local government in the reform. Chengdu, Luzhou and the three Areas should pay special attention to the organization and implementation of the reform pilot projects, and the relevant departments directly under the provincial government should do the relevant coordination work.

  We should adhere to the exploration and innovation, focus on the combination of replication and promotion and grassroots initiative, establish a fault-tolerant mechanism, support bold innovation, encourage exploration of new working mechanisms, and promote new measures.

  3. Key Tasks

  According to the 116 reform matters identified in the “Opinions” and the reality of our province, we have sorted out 99 of them to carry out the pilot reform of “Separation of Business Permit and License” in the Pilot Free Trade Zone. The next step will be the promotion of the reform in qualified national independent innovation demonstration zones, national high-tech industrial development zones, national economic development zones and national new zones. The pilot work will end on December 21, 2018.

  (1) Five of the administrative examination and approval matters are completely canceled. For the cancelled matters, enterprises are allowed to carry out relevant business activities directly, and the original departments or the competent departments in charge of the industry with the authority of examination and approval shall formulate the plans for the supervision during and after the event one by one.

  (2) Two of the approval matters are changed into recording matters. For these two matters, enterprises can carry out relevant business activities after submitting materials according to the conditions of recording. The original departments or the competent departments in charge of the industry with the authority of examination and approval shall formulate the measures for record-keeping management and the plans for the supervision during and after the event one by one. The measures for record management shall clarify the conditions, contents, procedures, deadlines, and all material catalogues and demonstration texts for recording that need to be submitted, and clarify the legal liabilities that the administrative counterpart shall bear after breaking the law.

  3) There are twenty-two matters that fully implement the notification commitment. For the implementation of the notification commitment, the company promises to meet the conditions for approval and submit relevant materials. The original departments or the competent departments in charge of the industry with the authority of examination and approval shall formulate the notification commitment measure and the plans for the supervision during and after the event one by one. The notification commitment measure should specify the format and specific practices of the notification commitment letter, and clearly identify the conditions for approval and the specific content of the application materials required by the administrative counterpart.

  (4) The transparency and predictability of thirty-seven matters are increased. The departments or the competent departments in charge of the industry with the authority of examination and approval shall formulate the specific measures for improving the transparency and predictability of the examination and approval and the plans for the supervision during and after the event one by one. Specific measures for improving the transparency and predictability of examination and approval must be accompanied by service guidelines, clear application conditions, completion time limit, material catalogue, demonstration texts for application and supervision and complaint channels to further optimize the process and reduce discretionary space.

  (5) Strengthen market access supervision for thirty-three matters. We should strengthen market access management for specific activities involving national security, public security, ecological security and public health. The departments or the competent departments in charge of the industry with the authority of examination and approval shall formulate the specific measures for strengthening the management of market access the plans for the supervision during and after the event one by one.

  For the above 99 matters, the plans for the supervision during and after the event and related specific measures shall be completed before the end of December 2017. The Pilot Free Trade Zone shall have the responsibility of territorial supervision. It is necessary to clarify the supervision departments, formulate the supervision measures, and establish a coordinated supervision mechanism with the provincial, municipal and county departments in charge of the industry to conduct real-time monitoring and supervision.

  4. Comprehensive Safeguards

  (1) We should establish information sharing system and implement joint supervision. Relying on the government's information sharing and supervision and collaboration platform, the provincial social credit information sharing platform, the national enterprise credit information disclosure system (Sichuan) and other government unified data sharing exchange platforms to achieve inter-department sharing of enterprise basic information and related credit information and business synergy. Gradually eliminate the repeated submission, repeated examination and repeated certification of the application materials for administrative examination and approval. The Pilot Free Trade Zone should access the information sharing and supervision cooperation platform of the provincial government departments and the provincial social credit information sharing platform and access the national data sharing exchange platform in advance to carry out collaborative supervision on the basis of information sharing. We should strengthen the inter-departmental linkage response, establish and improve the joint punishment mechanism between government departments, and form a credit constraint pattern of “one dishonesty, limited everywhere”. We will fully implement the “double random and one open” supervision and management measure, implement the list system of abnormal business operations and serious illegal enterprises. We should strengthen coordination and cooperation among departments, carry out comprehensive law enforcement and joint law enforcement, establish and improve the mechanism for case investigation and transfer, and create a fair competitive market environment.

  (2) We should establish inventory management system and implement full-scale supervision. The “three lists” of power list, responsibility list and negative list are compiled, and the flow chart of power operation is compiled. The “one-stop” online management and “full process” efficiency monitoring system for power matters are implemented, and the power operation is monitored in full and real time. We will improve the administrative accountability system for administrative examination and approval of violations of laws and regulations, improve the accountability of liability lists, and strengthen accountability for administrative omissions and disorderly acts. We should adhere to the implementation of the negative list management mode, all the matters that are not explicitly prohibited in laws, regulations and policy documents will be admitted. We shall adopt the measures of reward reporting, public opinion monitoring and spot checking, regularly sorted out and investigated the risk points and strengthen the supervision of the whole process of market entities.

  (3) We should establish a publicity system for honesty and implement social supervision, implement the annual report and publicity system of market entities, publicize the registration and recording, administrative licenses, annual reports, administrative penalties of market entities through the National Enterprise Credit Information Publicity System (Sichuan), which shall provide public inquiries and accept social supervision. We should guide the industry associations to actively play the role of industry management, supervision, restraint, professional ethics construction and the professional services of accounting firms, law firms, notary agencies, inspection and testing institutions, and supervise market entities and their behavior. We will support industry associations, arbitration institutions and other organizations to resolve disputes between market entities through mediation, arbitration, ruling and other means. Industry associations are encouraged to supervise and urge enterprises to strictly implement industry norms by means of self-examination and credit rating, and to operate in accordance with the laws and regulations. We should strengthen the self-restraint function of market entities and improve and perfect the internal governance structure of market entities.

  (4) We should establish a tracking and evaluation system and implement dynamic supervision. Joint inspections, spot checks, unannounced visits in the field, third-party assessments and third-party assessments are adopted to assess the operation and supervision of the reform. We should report the assessment results in a timely manner, and dynamically adjust the regulatory measures. We should establish a fault-tolerant and error-correcting mechanism, for those who conform to the reform direction determined by the state, the decision-making procedures are in compliance with laws and regulations, and no personal gains or unscrupulous collusion is used to harm the public interest, then no negative evaluation will be made and the relevant responsibilities will be avoided. We should adhere to the principles of democratic deliberation and collective decision-making, and make extensive use of such corrective measures such as risk assessment, legitimacy review, and public hearing to ensure that the reform decision-making is reasonable and legitimate.

  5. Work Requirements

  (1) We should strengthen the overall leadership. The provincial government is fully responsible for the pilot reform of “Separation of Business Permit and License”, and the Chengdu and Chenzhou municipal governments will take the main responsibility. Provincial Editorial Office (Provincial Examination and Reform Office), Provincial Industry and Commerce Bureau, Commerce Department (Sichuan Free Trade Office), the Provincial Legal Office and other departments must do a good job in organizing and coordinating the work; the relevant departments directly under the provincial government should strengthen guidance and effectively implement supervision responsibility. Each Area of the Pilot Free Trade Zone shall promote the pilot work according to the overall deployment, specifically undertake the tasks of reform and implementation, and form a working pattern of coordinated promotion of reform. The relevant departments directly under the provincial government, Chengdu and Luzhou Municipalities should coordinate and promote the reform of “Separation of Business Permit and License” and “the Integration of Multiple Certificates” as well as other commercial systems and administrative examination and approval systems, so as to ensure the effectiveness of various reform measures.

  (2) We should strengthen the organizational guarantee. The Pilot Free Trade Zone should focus on the requirements of “one seal for management approval”, “one team management for law enforcement” and “one network for all management”, to further optimize the institutional settings and constantly improve its organizational system with high efficiency of examination and approval, supervision and good service. We must persist in problem-oriented, focus on existing problems, innovate working ideas and measures, make breakthroughs in the areas of changing work style, improving efficiency and strengthening service, and continuously improve the level of government service and people's satisfaction.

  (3) We should strengthen supervision and evaluation, Incorporate the pilot reform of “Separation of Business Permit and License” into the work evaluation of the Pilot Free Trade Zone. Provincial Editorial Office (Provincial Examination and Reform Office) should timely organize special supervision and third-party evaluation, comprehensively analyze the achievements and problems of reform in releasing market vitality, supporting employment growth, promoting entrepreneurship and innovation, serving economic development and maintaining market order, and constantly optimize and improve reform measures.

  (4) We should strengthen information reporting. All the Areas of the Pilot Free Trade Zone should strengthen information reporting, summarize more successful practices, and find problems in a timely manner. Chengdu and Luzhou Municipal Examination and Reform Offices report to the provincial Examination and Reform Office before the 25th of the end of each quarter on the implementation of the pilot reform, summarize the successful practices in the reform, to form a replicable and promotable experience, and timely reflect the problems encountered in the reform. We should vigorously publicize the specific measures to improve the business environment in the Pilot Free Trade Zone, and gather greater consensus and support for the reform of the Pilot Free Trade Zone.

 

Annex: Specific Matters for Reform of “Separation of Business Permit and License” in China (Sichuan) Pilot Free Trade Zone

 

Annex

 

Specific Matters for Reform of Separation of Business Permit and License in China (Sichuan) Pilot Free Trade Zone
(
Ninety-nine matters in total)

Serial Number

Name of the Matter

Executive Agencies

Way of Reform

Remarks

Cancelling administrative examination and approval

Retaining administrative examination and approval

Completely cancelling administrative examination and approval

Changing from approval matters to recording matters

fully implementing the notification commitment

Increasing transparency and predictability

Strengthening market access supervision

1

Recording of publication rental operations

Municipal Department of Press, Publication, Radio, Film and Television

 

 

 

 

 

2

Remote recording of drug advertisements

Provincial Food and Drug Administration

 

 

 

 

 

3

Licensing of radioactive drugs in medical institutions (Class I and II)

Municipal Food and Drug Administration

 

 

 

 

 

4

Qualification accreditation of private intermediary agencies (except for overseas employment and study abroad)

Public Security Department

 

 

 

 

 

5

Issuance of operation permit for bus and tram passenger vehicles (county-level licensing matters)

County-level Transportation Department

 

 

 

 

 

6

Administrative license for the first import of non-special use cosmetics

Food and Drug Administration

 

 

 

 

 

7

Business license for small restaurants under 50 square meters

County-level Food and Drug Administration

 

 

 

 

 

8

Examination and approval of the establishment of a film projection units

County-level Department of Press, Publication, Radio, Film and Television

 

 

 

 

 

9

License to set up a foreign-invested cinema

Municipal Department of Press, Publication, Radio, Film and Television

 

 

 

 

 

10

License for publication retail business

County-level Department of Press, Publication, Radio, Film and Television

 

 

 

 

 

11

Approval of the establishment of enterprises engaged in printing and operation of packaging, decoration printing and other printing materials.

County-level Department of Press, Publication, Radio, Film and Television

 

 

 

 

 

12

Examination and approval of audio-visual production units

Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

13

Examination and approval of the establishment of electronic publications production units

Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

14

Examination and approval of the audio-visual production units and electronic publication production units to change their name and their business scope and their merger or separation

Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

15

Examination and approval of the enterprises providing the internet drug information

Provincial Food and Drug Administration

 

 

 

 

 

16

Examination and approval of the medical device advertisements

Provincial Food and Drug Administration

 

 

 

 

 

17

Examination and approval of the operational cleaning, collection, transportation and handling of municipal household waste.

The City of the Pilot Free Trade Zone

 

 

 

 

 

18

Issuance of security training licenses

Public Security Department

 

 

 

 

 

19

Issuance of the special industry license for the official seal engraving industry

Public Security Department ;Municipal Public Security Bureau

 

 

 

 

 

20

Issuance of the special industry license for the pawn industry

Public Security Department ;Municipal Public Security Bureau

 

 

 

 

 

21

Issuance of special industry licenses for the hotel industry

Public Security Department ;Municipal Public Security Bureau

 

 

 

 

 

22

Issuance of the business license for road transport station (field)

Municipal and County-level Transportation Department

 

 

 

 

 

23

Qualification accreditation of construction enterprises (except for the special class, class I and partial professional class I of general contracting)

Department of Housing and Urban-Rural Development; Municipal Housing and Urban-Rural Development

 

 

 

 

 

24

Qualification approval of real estate development enterprises (class II and below)

Department of Housing and Urban-Rural Development

 

 

 

 

 

25

Business license for ordinary road freight (except for the freight leasing and moving transportation)

Municipal and County-level Transportation Department

 

 

 

 

 

26

Business license for motor vehicle maintenance

Municipal and County-level Transportation Department

 

 

 

 

 

27

Health permits in public places

Municipal Health and Family Planning Commission

 

 

 

 

 

28

Approval of the establishment of Sino foreign cooperative vocational skills training institutions

Human Resources and Social Security Agency; Municipal Human Resources Social Security Department (currently suspended)

 

 

 

 

 

29

Qualification of production and assembly enterprises for prosthetics and orthoses (assistive devices)

Municipal Civil Affairs Department

 

 

 

 

 

30

Business license for domestic waterway transportation business

Municipal Transportation Department

 

 

 

 

 

31

License for port operation

Municipal Transportation Department

 

 

 

 

 

32

License for operating port tally business

Municipal Transportation Department

 

 

 

 

 

33

Issuance of license for motor vehicle driver training

Municipal and County-level Transportation Department

 

 

 

 

 

34

Issuance of license for road freight

Municipal and County-level Transportation Department

 

 

 

 

 

35

Permission for passenger transport operations

Transportation Department; Municipal Transportation Department

 

 

 

 

 

36

Business license for ordinary road freight (freight leasing and moving transportation)

Municipal and County-level Transportation Department

 

 

 

 

 

37

Approval of the establishment of Sino-foreign joint ventures and Sino-foreign cooperative performance brokerage institution

Agency for Cultural Affairs

 

 

 

 

 

38

The approval of Hong Kong and Macao investors to set up joint venture, cooperative and sole proprietorship performance agencies in mainland China

Agency for Cultural Affairs

 

 

 

 

 

39

Examination and approval of Taiwan investors to set up joint venture or cooperative performance agencies in mainland China

Agency for Cultural Affairs

 

 

 

 

 

40

Examination and approval of the Hong Kong and Macao service providers to set up Internet service outlets in mainland China

Agency for Cultural Affairs

 

 

 

 

 

41

Permission for auction sale of cultural relics

Agency for Cultural Affairs

 

 

 

 

 

42

Examination and approval of the establishment of song and dance entertainment venues

County-level Cultural Department

 

 

 

 

 

43

Examination and approval of entertainment venues

County-level Cultural Department

 

 

 

 

 

44

Issuance of health permit at port

Sichuan Entry - Exit Inspection and Quarantine Bureau and its Affiliated Agencies

 

 

 

 

 

45

License for the inspection and identification business of import and export commodity

General Administration of Quality Supervision, Inspection and Quarantine; Sichuan Entry - Exit Inspection and Quarantine Bureau and its Affiliated Agencies

 

 

 

 

 

46

Business license for foreign investment travel agency business

Provincial Tourism Development Committee

 

 

 

 

 

47

Business license for travel agency business (domestic or inbound tourism)

The Municipal Tourism Administration Department in the Administrative Region under the entrusted Pilot Free Trade Zone

 

 

 

 

 

48

Examination and approval of the establishment of accounting firms and their branches

the Finance Department

 

 

 

 

 

49

Examination and approval of intermediary agencies to engage in agency operation of bookkeeping

Municipal and County-level Financial Department

 

 

 

 

 

50

Examination and approval of the establishment of enterprises producing feed additives and additive premix feed

Agricultural Department

 

 

 

 

 

51

Examination and approval of the establishment of profitable medical institutions

Provincial Health and Family Planning Commission; Municipal Health and Family Planning Commission

 

 

 

 

 

52

Hygienic license for manufacturers of disinfection products (except for the manufacturers of disposable medical supplies)

Provincial Health and Family Planning Commission; Municipal Health and Family Planning Commission

 

 

 

 

 

53

Qualification approval for surveying and mapping activities

Provincial Bureau of Surveying and Mapping Geographic Information

 

 

 

 

 

54

Issuance of a gas business license

Department of Housing and Urban-Rural Development; The City of the Pilot Free Trade Zone

 

 

 

 

 

55

License for running high-risk sports

County-level Sports Department

 

 

 

 

 

56

License for auction business

Commerce Department

 

 

 

 

 

57

Qualification of grain purchase

Provincial Grain Administration

 

 

 

 

 

58

License for establishing pension institutions

Provincial, Municipal, and County-level Civil Affairs Department

 

 

 

 

 

59

Permission to engage in security service

Public Security Department

 

 

 

 

 

60

Permission to engage in wholesale publications

Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

61

Examination and approval of the establishment of Sino foreign joint venture, cooperative printing enterprises and wholly foreign-owned packaging and decoration printing enterprises.

Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

62

Examination and approval of establishment and alteration of financing guarantee institutions

Provincial Finance Bureau

 

 

 

 

 

63

Establishment, reconstruction, change of Business premises, and revocation of the Branches of Insurance Companies and management of management personnel

Sichuan Insurance Regulatory Bureau and its Agencies

 

 

 

 

 

64

Approval of the wholesale operation qualification of petroleum products (preliminary examination)

Provincial Economic and Information Commission

 

 

 

 

 

65

Approval of retail operation qualification of petroleum products

Provincial Economic and Information Commission

 

 

 

 

 

66

License for the enterprises engaged in the fixed-point production of salt and iodized salt processing

Provincial Economic and Information Commission

 

 

 

 

 

67

Examination and approval of the film releasing units to change their name and their business scope and their merger or separation

Bureau of Press, Publication, Radio, Film and Television; Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

68

Examination and approval of establishing a operational Internet cultural unit

Agency for Cultural Affairs

 

 

 

 

 

69

License for the establishment of broadcast and video on demand services (Type B)

Provincial Bureau of Press, Publication, Radio, Film and Television

 

 

 

 

 

70

Production license of cosmetics manufacturers

Provincial Food and Drug Administration

 

 

 

 

 

71

Food production license (except for health food, formula for special medical use, infant formula, salt, food additives, liquor)

Municipal Food and Drug Administration

 

 

 

 

 

72

License for food business

Municipal and County-level Food and Drug Administration

 

 

 

 

 

73

Examination and approval of drug manufacturers

Provincial Food and Drug Administration

 

 

 

 

 

74

Examination and approval of drug distributors (wholesale)

Provincial Food and Drug Administration

 

 

 

 

 

75

Product registration of medical devices in class II

Provincial Food and Drug Administration

 

 

 

 

 

76

Issuance of production licenses of medical device in class II and class III

Provincial Food and Drug Administration

 

 

 

 

 

77

Approval of the establishment of pharmaceutical enterprises (retail)

Municipal Food and Drug Administration

 

 

 

 

 

78

Business license of medical devices in class III (except for third party logistics)

Municipal Food and Drug Administration

 

 

 

 

 

79

Business license of medical devices in class III (third party logistics)

Municipal Food and Drug Administration

 

 

 

 

 

80

Food production license (health food, formula for special medical use, infant formula, salt, food additives, liquor)

Provincial Food and Drug Administration

 

 

 

 

 

81

License for radioactive drugs in medical institutions (class III and class IIII)

Municipal Food and Drug Administration

 

 

 

 

 

82

License for new drug production and marketing

Food and Drug Administration

 

 

 

 

 

83

License for special equipment production units

General Administration of Quality Supervision, Inspection and Quarantine; Provincial Quality Supervision Bureau

 

 

 

 

 

84

Approval of inspection and testing institutions for special equipment

General Administration of Quality Supervision, Inspection and Quarantine; Provincial Quality Supervision Bureau

 

 

 

 

 

85

Issuance of production and operation licenses for crop seeds, grass seeds and edible fungus

Ministry of AgricultureAgricultural Department Municipal and County-level Competent Agricultural Department

 

 

 

 

 

86

Issuance of permit for blasting operation unit

Municipal Public Security Bureau

 

 

 

 

 

87

Examination and approval of manufacturing or selling crossbow or the crossbow shooting project in business shooting range

Public Security Department

 

 

 

 

 

88

Examination and approval of the establishment of pawn shops and their branches

Commerce Department

 

 

 

 

 

89

Approval of establishment and modification of direct selling enterprises and their branches

Ministry of Commerce

 

 

 

 

 

90

Wholesale license for fireworks and firecrackers

Municipal Safety Supervision Bureau

 

 

 

 

 

91

Retail license for fireworks and firecrackers

County-level Safety Supervision Bureau

 

 

 

 

 

92

Issuance of business license for dangerous chemicals

Municipal Safety Supervision Bureau

 

 

 

 

 

93

Issuance of safety production licenses for hazardous chemical production enterprises

Municipal Safety Supervision Bureau

 

 

 

 

 

94

Issuance of safety use licenses for hazardous chemical production enterprises

Municipal Safety Supervision Bureau

 

 

 

 

 

95

Safety conditions examination for construction projects of new construction, reconstruction, extension, production and storage of hazardous chemicals (including long-distance pipeline transportation of hazardous chemicals)

Municipal Safety Supervision Bureau

 

 

 

 

 

96

Business license for the transportation of dangerous goods on roads

Municipal Transportation Department

 

 

 

 

 

97

Approval of setting up large outdoor advertisements and hanging and posting publicity materials on urban buildings and facilities

The City of the Pilot Free Trade Zone

 

 

 

 

 

98

License for the establishment of enterprises engaged in civilian explosives sales

Provincial Office of Science, Technology and Industry for National Defense

 

 

 

 

 

99

License for the production of civilian explosives

Provincial Office of Science, Technology and Industry for National Defense

 

 

 

 

 

 
 
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