At a glance, know what can't be done, what needs approval, and what can be decided on its own; whether it is a state-owned enterprise, a private enterprise or a mixed-ownership enterprise, whether it is domestic or foreign, whether it is a large enterprise or a small and medium-sized enterprise, it is treated equally and enjoys the same market standard. Conditional treatment…
On December 21, 2018, with the approval of the Central Committee of the Communist Party of China and the State Council, the National Development and Reform Commission and the Ministry of Commerce issued the “Negative List of Market Access (2018 Edition)”. This marks China's full implementation of the market entry negative list system, industries, fields, businesses, etc. outside the negative list, all types of market entities can enter under the law.
What is the significance of the market entry negative list? What kind of brewing process has you experienced? What are the characteristics and content? How to implement it effectively?
From “top design” to “pilot exploration”: the final revision was formed over several years.
The market access negative list system refers to a list of institutional arrangements for the prohibition and restriction of investment operations in the People's Republic of China, and the governments at all levels adopt corresponding management measures according to law. Industries, fields, businesses, etc. outside the negative list, all types of market entities can enter under the law.
The Third Plenary Session of the 18th CPC Central Committee and the 19th National Congress made arrangements for the establishment of a negative market access system system. The State Council issued the “Opinions on the Implementation of the Negative List of Market Access Systems” in 2015 on how to establish and implement market access. The negative list system has made detailed requirements.
In accordance with the decision-making arrangements of the Party Central Committee and the State Council, the National Development and Reform Commission and the Ministry of Commerce have conducted in-depth studies with various regions and departments, and established the principles of the rule of law, security, gradual, necessary, and open.
In order to properly carry out the reform of the market access negative list system, the National Development and Reform Commission and the Ministry of Commerce formulated the “Draft List of Market Access (Pilot Edition)” (hereinafter referred to as the “List (Pilot)”), through the Party Central Committee and the State Council. Approved, starting in 2016, pilot projects will be carried out in Tianjin, Shanghai, Fujian and Guangdong. In 2017, the scope of the pilot was expanded to 15 provinces and cities.
In order to ensure that the items listed in the list are scientific, reasonable, legal and effective, the National Development and Reform Commission and the Ministry of Commerce, together with the relevant departments of various regions, conducted a comprehensive evaluation of the “Draft List of Market Access Negative List (Pilot Edition)”. After reviewing the institutional reforms, 57 relevant departments and 31 provinces (autonomous regions and municipalities) revised 473 articles on the “List (Pilot Edition)”. On this basis, a group of legal experts was set up to review the list of items (pilots) and the revision opinions of various departments and departments, and to complete the evaluation report of more than 800,000 words.
The reduction of the reduction is determined, the science of staying is retained, and the increase is reasonably increased.
On the basis of earnestly summarizing the pilot experience, the draft of the Negative List of Market Access (2018 edition) was finally revised. The main body of the list includes two categories: “prohibition of admission” and “permitted access”. Among them, 4 are allowed to enter and 147 are allowed to be admitted. There are 151 items in total, which is generally better than the list (pilot version). The original 328 items were reduced by 177 items, and the reduction was 54%.
From “private enterprises” to “internet industry”: the vitality of market players is fully stimulated
“Completely implement the market access negative list system and clarify the boundary between the market and the government in the market access link.” Xu Shanchang, director of the National Development and Reform Commission’s Department of Economic Reform, said that market participants can know what is clear at a glance according to the market access negative list. Can not do, what needs approval approval, what can be decided on its own, thus providing a huge space for the market entity's entrepreneurial innovation, which is conducive to the market, this “invisible hand” plays a decisive role in the market access.
——In terms of market players, all market players, including private enterprises, have equal access. In addition to the negative list of market access, no unreasonable or discriminatory access conditions may be imposed on private enterprises, and no additional access control measures may be adopted. Full implementation of the market access negative list system, further standardizing the management authority and measures of the governments at all levels in the market access, is conducive to breaking various forms of unreasonable restrictions and hidden barriers, and will “remaining decision power” and “autonomy” “Giving the market main body, realizing “the sea is wide and the fish is leaping, and the sky is high and the bird is flying”, which stimulates the vitality of various market entities, especially the non-public economy.
—— In terms of domestic and foreign investment management, the negative list of market access and the negative list of foreign investment have their own positioning. In June 2018, the National Development and Reform Commission and the Ministry of Commerce issued the “Special Management Measures for Foreign Investment Access (Negative List) (2018 Edition)”. Both lists have different positioning and functions. The negative list of foreign investment access is only for foreign investors and belongs to the category of foreign investment management. The negative list of market access is a consistent management measure applicable to domestic and foreign investors, and is a unified requirement for market access management of various market entities, and is part of national treatment. Foreign investment is restricted to areas other than the negative list, and is managed in accordance with the principle of domestic and foreign investment.
——In the prevention of major risks, it is prohibited to conduct illegal Internet-related business activities. The “Internet Industry Market Access Prohibited Licensing Catalogue” is included in the list. This time, the use of negative inventory model management in the Internet field is conducive to building an open and inclusive environment, which will effectively stimulate the vitality of market players and promote the healthy and vigorous development of the Internet industry.
The fourth item in the prohibition of entry is “prohibiting illegal Internet-related business activities”. It is aimed at different situations in the current financial sector, new technologies in the Internet field, new business models, etc., in order to prevent major risks, in conjunction with relevant industry authorities. Sort out the items listed on the basis of current management measures and submitted to the State Council for approval. For prohibited items, market entities are not allowed to enter, and administrative agencies are not allowed to approve.
– In the case of temporary measures, the authority to activate market access restrictions under special circumstances is retained. In order to cope with potential risks that may arise in economic operations, we must adhere to the bottom line thinking, retain the authority to initiate market access restrictions under special circumstances, and clarify that temporary access management measures are required for special reasons, and may be used as special matters with the approval of the State Council. Terms are included in the list in real time.
From “information disclosure” to “dynamic adjustment”: the list will be further optimized in the future
The original intention of the list is to achieve organic co-ordination to stimulate market vitality and optimize market supervision. The future implementation path has a long way to go. Implementing a unified negative list in the national market, there is no mature experience in the world. How to establish and improve the implementation of the work mechanism guarantee list in this innovative reform?
Focus on perfecting the “three mechanisms”
The first is to establish a mechanism for disclosure of inventory information. The National Development and Reform Commission and the Ministry of Commerce have initially established a market access negative list information disclosure mechanism, and through the relevant portal websites, media and other platforms, to disclose the relevant content information of the negative list of 2018 to the public, so that market entities can conduct real-time inquiries and continuously improve market standards. Access to policy transparency and the ease of use of negative lists.
The second is to establish a dynamic adjustment mechanism for the list. In accordance with the relevant work arrangements, study and formulate a dynamic adjustment work plan for the list, clarify and refine the frequency, method and process of list adjustment, and explore the establishment of a third-party evaluation mechanism for the negative list of market access.
The third is to improve the interface mechanism with administrative examination and approval matters. We will improve and improve the examination and approval system that is compatible with the market access negative list system, ensure that the items within the list are managed, managed well, and are efficient and efficient, ensuring that there are no approvals outside the list, and that all market entities are allowed to enter the list in accordance with the law. Other industries, fields, businesses, etc.
In addition, taking into account the large differences in regional development in China, the provincial people's government is allowed to make adjustments based on the country's unified market access negative list, based on factors such as resource factor endowment, main function positioning, industrial comparative advantage, and ecological environment impact. The proposal for market access negative list is implemented after approval by the State Council. To this end, the “Local Licensing Measures” column has been added to the negative list of the 2018 edition to further enhance the completeness of the list.
Ye Jun, deputy inspector of the Department of Law and Law of the Ministry of Commerce, said that the next step will be to establish a dynamic adjustment mechanism for the negative list of market access and explore the establishment of a third-party evaluation mechanism. Through the dynamic adjustment mechanism to promote the continuous relaxation of market access restrictions, further reduce inventory matters, optimize the list structure, and enhance the scientific, normative and complete list matters.
Source: Xinhua News Agency, Department of Commerce and Law
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