Guiding Opinions of the State Council on Strengthening and Standardizing In-process and Ex-post Regulation
Guiding Opinions of the State Council on Strengthening and Standardizing In-process and Ex-post Regulation
Guiding Opinions of the State Council on Strengthening and Standardizing In-process and Ex-post Regulation
Guo Fa [2019] No. 18
September 6, 2019
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions under the State Council, and all institutions directly affiliated to the State Council,
The following Opinions are put forward with a view to profoundly transforming government functions, deepening the reform of streamlining administration and delegating power, improving regulation, and upgrading services, further strengthening and standardizing in-process and ex-post regulation, promoting fair competition through impartial regulation, and accelerating efforts to create a market-oriented, law-based and international business environment.
I. General Requirements
1. Guiding ideology. We shall, take Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era as the guide, fully implement the spirit of the 19th National Congress of the Communist Party of China (the "CPC") and the 2nd and the 3rd Plenary Sessions of the 19th CPC Central Committee, firmly establish the new development philosophy, and give full play to the decisive role of the market in resource allocation and give better play to the role of government, continue to deepen the reform of streamlining administration and delegating power, improving regulation, and upgrading services, adhere to the combination of decentralization and control with equal emphasis, transfer more administrative resources to be subject to intensified in-process and ex-post regulation from pre-approval, implement regulatory responsibility, improve regulatory rules, innovate regulatory modes, and accelerate the building of an in-process and ex-post regulation system with clearly defined powers and responsibilities and featuring impartiality, justice, openness, transparency as well as simplicity and efficiency, thus forming a collaborative regulation pattern with market self-discipline, government regulation and social supervision supporting each other, so as to effectively achieve fairness, efficiency and vitality through regulation, promote and improve market players' competitiveness and market efficiency, and propel sustained and healthy economic and social development.
2. Basic principles
Law-based Regulation. We shall adhere to legally prescribed powers and responsibilities, and law-based administration, fulfill statutory duties steadfastly and commit no regulatory action without legal authorization, and perform regulatory responsibility in strict accordance with laws and regulations, standardize regulatory actions and promote the juridification, institutionalization and standardization of in-process and ex-post regulation.
Impartiality and Justice. We shall treat all market players equally, resolutely break down institutional mechanism obstacles that impede fair competition, protect the legitimate rights and interests of various market players in accordance with the law, and ensure impartial rights, opportunities and rules.
Openness and Transparency. We shall adhere to deeming openness as normal and non-openness as exceptional and comprehensively promote the disclosure of the government's regulatory rules, standards, processes and results, etc. in accordance with the law, so as to carry out regulatory law enforcement in the sun, and ensure the stable expectation of market players.
Grading and Classification. We shall, in light of different sectors' characteristics and risk degrees, distinguish general sectors from important sectors that may cause serious adverse consequences and involve safety, separately determine the regulatory content, method and frequency and improve the accuracy level of in-process and ex-post regulation; and implement accommodative and prudential regulation of emerging industries to promote the development and growth of new dynamical powers.
Scientificity and Efficiency. We shall give full play to the role of modern scientific and technological means in in-process and ex-post regulation, promote regulatory innovation by virtue of new technologies such as the internet, big data, internet of things, cloud computing, artificial intelligence, and block chain, and strive to maximize regulatory efficacy, optimize regulatory costs and minimize interference with market players.
Regulation through Services. We shall promote the integration and mutual promotion of government regulation and services, adhere to the way of simplicity, simplify complicated procedures, requirements, etc. and ensure the benefit and convenience thereof for enterprises and the people, thus creating a good development environment, and enhancing the people's sense of happiness, satisfaction and security.
II. Consolidate the Regulatory Responsibility
3. Define the regulatory object and scope. We shall, strictly in light of regulatory duties and items clearly prescribed in laws and regulations as well as provisions on defining functions, institutions and posts, regulate market players in accordance with the law, and strive for full coverage of regulation and completely eradicate regulatory blind zones and vacuums; and ensure that, except as otherwise prescribed in laws and regulations, each department shall be responsible for the in-process and ex-post regulation of administrative licensing items subject to approval or guidance for implementation within its responsibility; whoever implements relatively centralized administrative licensing reform shall strengthen the linkage between approval and regulation, and effectively put the regulatory responsibility into practice, thus ensuring the regulation of relevant matters and the performance of the relevant responsibility; competent departments shall be responsible for the in-process and ex-post regulation of items that have been subjected to cancelation of approval but still require government regulation; where the power to approve any item is delegated to a lower level, the regulatory level shall be adjusted simultaneously, thus ensuring the unification of the approval and regulation powers and responsibilities; with respect to items subject to filing instead of approval, competent departments shall be propelled to strengthen the verification, investigation and punishment of market players that engage in relevant business activities without filing in accordance with the law; and with respect to industries and sectors where there is no special law enforcement force, relevant approving or competent departments may, through entrusted law enforcement, joint law enforcement and other means, investigate and deal with acts in violation of laws and regulations in collaboration with relevant comprehensive law enforcement departments, which shall actively provide support therefor.
4.
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Guo Fa [2019] No. 18
September 6, 2019
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions under the State Council, and all institutions directly affiliated to the State Council,
The following Opinions are put forward with a view to profoundly transforming government functions, deepening the reform of streamlining administration and delegating power, improving regulation, and upgrading services, further strengthening and standardizing in-process and ex-post regulation, promoting fair competition through impartial regulation, and accelerating efforts to create a market-oriented, law-based and international business environment.
I. General Requirements
1. Guiding ideology. We shall, take Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era as the guide, fully implement the spirit of the 19th National Congress of the Communist Party of China (the "CPC") and the 2nd and the 3rd Plenary Sessions of the 19th CPC Central Committee, firmly establish the new development philosophy, and give full play to the decisive role of the market in resource allocation and give better play to the role of government, continue to deepen the reform of streamlining administration and delegating power, improving regulation, and upgrading services, adhere to the combination of decentralization and control with equal emphasis, transfer more administrative resources to be subject to intensified in-process and ex-post regulation from pre-approval, implement regulatory responsibility, improve regulatory rules, innovate regulatory modes, and accelerate the building of an in-process and ex-post regulation system with clearly defined powers and responsibilities and featuring impartiality, justice, openness, transparency as well as simplicity and efficiency, thus forming a collaborative regulation pattern with market self-discipline, government regulation and social supervision supporting each other, so as to effectively achieve fairness, efficiency and vitality through regulation, promote and improve market players' competitiveness and market efficiency, and propel sustained and healthy economic and social development.
2. Basic principles
Law-based Regulation. We shall adhere to legally prescribed powers and responsibilities, and law-based administration, fulfill statutory duties steadfastly and commit no regulatory action without legal authorization, and perform regulatory responsibility in strict accordance with laws and regulations, standardize regulatory actions and promote the juridification, institutionalization and standardization of in-process and ex-post regulation.
Impartiality and Justice. We shall treat all market players equally, resolutely break down institutional mechanism obstacles that impede fair competition, protect the legitimate rights and interests of various market players in accordance with the law, and ensure impartial rights, opportunities and rules.
Openness and Transparency. We shall adhere to deeming openness as normal and non-openness as exceptional and comprehensively promote the disclosure of the government's regulatory rules, standards, processes and results, etc. in accordance with the law, so as to carry out regulatory law enforcement in the sun, and ensure the stable expectation of market players.
Grading and Classification. We shall, in light of different sectors' characteristics and risk degrees, distinguish general sectors from important sectors that may cause serious adverse consequences and involve safety, separately determine the regulatory content, method and frequency and improve the accuracy level of in-process and ex-post regulation; and implement accommodative and prudential regulation of emerging industries to promote the development and growth of new dynamical powers.
Scientificity and Efficiency. We shall give full play to the role of modern scientific and technological means in in-process and ex-post regulation, promote regulatory innovation by virtue of new technologies such as the internet, big data, internet of things, cloud computing, artificial intelligence, and block chain, and strive to maximize regulatory efficacy, optimize regulatory costs and minimize interference with market players.
Regulation through Services. We shall promote the integration and mutual promotion of government regulation and services, adhere to the way of simplicity, simplify complicated procedures, requirements, etc. and ensure the benefit and convenience thereof for enterprises and the people, thus creating a good development environment, and enhancing the people's sense of happiness, satisfaction and security.
II. Consolidate the Regulatory Responsibility
3. Define the regulatory object and scope. We shall, strictly in light of regulatory duties and items clearly prescribed in laws and regulations as well as provisions on defining functions, institutions and posts, regulate market players in accordance with the law, and strive for full coverage of regulation and completely eradicate regulatory blind zones and vacuums; and ensure that, except as otherwise prescribed in laws and regulations, each department shall be responsible for the in-process and ex-post regulation of administrative licensing items subject to approval or guidance for implementation within its responsibility; whoever implements relatively centralized administrative licensing reform shall strengthen the linkage between approval and regulation, and effectively put the regulatory responsibility into practice, thus ensuring the regulation of relevant matters and the performance of the relevant responsibility; competent departments shall be responsible for the in-process and ex-post regulation of items that have been subjected to cancelation of approval but still require government regulation; where the power to approve any item is delegated to a lower level, the regulatory level shall be adjusted simultaneously, thus ensuring the unification of the approval and regulation powers and responsibilities; with respect to items subject to filing instead of approval, competent departments shall be propelled to strengthen the verification, investigation and punishment of market players that engage in relevant business activities without filing in accordance with the law; and with respect to industries and sectors where there is no special law enforcement force, relevant approving or competent departments may, through entrusted law enforcement, joint law enforcement and other means, investigate and deal with acts in violation of laws and regulations in collaboration with relevant comprehensive law enforcement departments, which shall actively provide support therefor.
4.
......