Regulations on Fair Competition Reviews
Order of the State Council of the People’s Republic of China No. 783
June 6, 2024
The Regulations on Fair Competition Reviews, adopted by the 32nd executive meeting of the State Council on May 11, 2024, is hereby issued and shall come into force on August 1, 2024.
Li Qiang, Premier
Regulations on Fair Competition Reviews
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Anti-Monopoly Law of the People's Republic of China and other relevant laws to regulate fair competition reviews, promote fair market competition, optimize the business environment, and build a unified national market.
Article 2 When drafting laws, administrative regulations, local regulations, rules, normative documents, and specific policy measures (hereinafter collectively referred to as “policy measures”) involving the economic activities of business operators, administrative authorities and organizations with public affairs management functions as authorized by laws or regulations (hereinafter collectively referred to as “drafting entities”) shall conduct fair competition reviews in accordance with these Regulations.
Article 3 In fair competition reviews, the leadership of the Communist Party of China shall be upheld, and the guidelines, principles, policies, and decisions of the Party and the State shall be implemented.
The State shall strengthen fair competition reviews to ensure all types of business operators can access production factors equally and participate in market competition fairly in accordance with the law.
Article 4 The State Council shall establish a fair competition review coordination mechanism to organize, coordinate, and guide nationwide fair competition reviews, study and address material issues arising during fair competition reviews, and evaluate nationwide fair competition review performance.
Article 5 People's governments at or above the county level shall establish and improve the work mechanism for fair competition reviews, ensure the supply of workforce for fair competition reviews, and include the funding for fair competition reviews in the government budget at the corresponding level.
Article 6 The market regulatory authority under the State Council shall be responsible for guiding the implementation of the fair competition review system and urging relevant authorities and local governments to conduct fair competition reviews.
The market regulatory authorities under people's governments at or above the county level shall be responsible for organizing and implementing the fair competition review system within their respective administrative areas.
Article 7 Local people's governments at or above the county level shall include fair competition review performance in the assessment and evaluation of building a law-based government, optimizing the business environment, etc.
Chapter II Review Standards
Article 8 Any policy measures drafted by a drafting entity shall not contain the following restrictions or disguised restrictions on market entry and exit:
(1) Illegally creating approval procedures for industries, fields, business activities, etc.
......
Order of the State Council of the People’s Republic of China No. 783
June 6, 2024
The Regulations on Fair Competition Reviews, adopted by the 32nd executive meeting of the State Council on May 11, 2024, is hereby issued and shall come into force on August 1, 2024.
Li Qiang, Premier
Regulations on Fair Competition Reviews
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Anti-Monopoly Law of the People's Republic of China and other relevant laws to regulate fair competition reviews, promote fair market competition, optimize the business environment, and build a unified national market.
Article 2 When drafting laws, administrative regulations, local regulations, rules, normative documents, and specific policy measures (hereinafter collectively referred to as “policy measures”) involving the economic activities of business operators, administrative authorities and organizations with public affairs management functions as authorized by laws or regulations (hereinafter collectively referred to as “drafting entities”) shall conduct fair competition reviews in accordance with these Regulations.
Article 3 In fair competition reviews, the leadership of the Communist Party of China shall be upheld, and the guidelines, principles, policies, and decisions of the Party and the State shall be implemented.
The State shall strengthen fair competition reviews to ensure all types of business operators can access production factors equally and participate in market competition fairly in accordance with the law.
Article 4 The State Council shall establish a fair competition review coordination mechanism to organize, coordinate, and guide nationwide fair competition reviews, study and address material issues arising during fair competition reviews, and evaluate nationwide fair competition review performance.
Article 5 People's governments at or above the county level shall establish and improve the work mechanism for fair competition reviews, ensure the supply of workforce for fair competition reviews, and include the funding for fair competition reviews in the government budget at the corresponding level.
Article 6 The market regulatory authority under the State Council shall be responsible for guiding the implementation of the fair competition review system and urging relevant authorities and local governments to conduct fair competition reviews.
The market regulatory authorities under people's governments at or above the county level shall be responsible for organizing and implementing the fair competition review system within their respective administrative areas.
Article 7 Local people's governments at or above the county level shall include fair competition review performance in the assessment and evaluation of building a law-based government, optimizing the business environment, etc.
Chapter II Review Standards
Article 8 Any policy measures drafted by a drafting entity shall not contain the following restrictions or disguised restrictions on market entry and exit:
(1) Illegally creating approval procedures for industries, fields, business activities, etc.
......