What is an Unaudited Opinion?

The State Council s opinion on strengthening the supervision after the event and following the reform after the certificate first and then the permit reform is a document issued by the State Council under Guofa [2015] No. 62.

Opinions of the State Council on Strengthening In-Event and After-Event Supervision after Reform

State Council on "

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:
In order to deepen the reform of the commercial affairs system and strengthen the post-event supervision after the reform of certify first and then prove, the following opinions are put forward.
1. General requirements (1) Guiding ideology.
Fully implement the spirit of the 18th CPC National Congress and the 2nd, 3rd, and 4th Plenary Sessions of the 18th CPC Central Committee, conscientiously implement the decision-making and deployment of the Party Central Committee and the State Council, deepen the reform of the commercial system, change the concept of market supervision, define supervision responsibilities, innovate supervision methods, and build A clear, transparent and efficient ex post facto supervision mechanism, correctly handles the relationship between the government and the market, and maintains a fair market order.
(2) Basic principles.
Legal duties. Adhere to statutory powers and responsibilities, and administer according to law. Whoever approves, supervises, supervises, and supervises, clarifies the market supervision responsibilities of various departments in accordance with laws, administrative regulations, and decisions of the State Council, and promotes the legalization, institutionalization, standardization, and proceduralization of market supervision.
Credit constraints. Accelerate the construction of a unified national credit information sharing and exchange platform and corporate credit information publicity system, promote the sharing and sharing of credit information among government departments, industry associations, and social organizations, strengthen the role of credit in restricting market players, and build information sharing and sharing as the basis. Information disclosure as a means, and credit supervision as the core supervision system, make the dishonest subject "one violation and one limitation."
Collaborative supervision. Establish and improve a market supervision mechanism that integrates registration, administrative approval, and industry executives, and realizes the interconnection and joint response of various departments in fulfilling their duties in accordance with the law, forming a regulatory division with clear division of labor, smooth communication, and joint management, and effectively enhancing the joint strength of supervision To enhance regulatory effectiveness.
Social co-governance. Promote multi-government governance based on the rule of law, improve social supervision mechanisms, and effectively protect market participants and the general public's right to information, participation, and supervision, and build a social co-governance pattern of market subject autonomy, industry self-regulation, social supervision, and government supervision .
2. Strict management of administrative examination and approval matters <br /> Each region and department shall implement the reform of certify first and then obtain certification, regulate the examination and approval behavior in accordance with statutory conditions and procedures, and realize the public convenience of examination and approval.
(3) Catalog management of administrative examination and approval matters.
The General Administration of Industry and Commerce is responsible for publishing the catalogue of pre-approval matters for industrial and commercial registration. Laws, administrative regulations, and the State Council's decision to add pre-approval items, cancel administrative review items, and change pre-approval items to post-approval items, relevant departments of the State Council that implement approval should promptly notify the General Administration of Industry and Commerce to update the catalogue and Public announcements make it easier for businesses and the masses to handle and supervise. Except for laws, administrative regulations and decisions of the State Council, no pre-approval items for industrial and commercial registration shall be established, nor shall pre-approval in disguise be implemented by means of filing.
Business operators who engage in matters in the catalogue of pre-approval matters for industrial and commercial registration shall report to the relevant examination and approval authorities for approval according to law, and apply to the industry and commerce department for registration with the permit documents and certificates. Operators who engage in matters outside the catalogue of pre-approval matters for industrial and commercial registration shall apply directly to the industrial and commercial department for registration, and the industrial and commercial department shall issue a business license in accordance with law.
The provincial people's government shall formulate a catalogue of post-approval matters for industrial and commercial registration in accordance with law before the end of 2015 and make them publicly available.
(4) Ensure that the approval process is strictly in accordance with the law and is open and transparent.
Each examination and approval department shall, in strict accordance with the legal conditions and legal procedures, formulate the examination and approval standards item by item and make them public. Eliminate repetitive and formal examination and approval procedures, implement online examination and approval, and publicize the examination and approval standards and acceptance, examination, and approval information to the society through the Internet, and timely discover and correct violations of examination and approval.
All regions and departments should improve the supervision and control mechanism for administrative examination and approval, and continuously improve the scientific and standardized level of government management.
Clarify the responsibilities of market supervision <br /> Execute the market supervision responsibilities in accordance with the principles of who approves, who supervises, who is in charge, and who supervises, and strengthen the supervision after the event after the reform of certify first and then permit to prevent a regulatory vacuum .
(5) The industry and commerce department performs the duty of "double notification".
When applying for registration, the industry and commerce department shall inform the applicant of the business items that need to apply for approval and the corresponding approval department according to the catalogue of post-approval approval items issued by the provincial people s government, and the applicant shall make a written commitment not to obtain approval before obtaining approval. Engage in related business activities.
After applying for registration, the industry and commerce department should use information technology to make clear to the examination and approval department of the business project, and timely inform the relevant examination and approval department at the same level of the market entity's registration and registration information; , Timely release the registration information of market entities on the enterprise information sharing platform, and relevant review and approval departments or industry authorities should make timely enquiries and follow-up supervision according to their duties.
(6) Clear market supervision responsibilities.
Where laws and regulations specify market supervision departments and supervision responsibilities, they shall be strictly implemented in accordance with the law.
Where laws and regulations do not stipulate the market supervision department and supervision responsibilities or the rules are not clear, the industry and commerce department, the examination and approval department, and the industry competent department shall perform market supervision duties in accordance with the division of labor, and timely discover and investigate problems. Approval department or industry competent department shall take the lead in investigating and punishing those who have special law enforcement force after discovering illegal acts. If there is no special law enforcement force or insufficient law enforcement force, it shall give full play to the key role of the market supervision backbone of the industry and commerce department. The department may ask the industry and commerce department to take the lead to jointly investigate and deal with it. In the course of law enforcement, if the industrial and commercial department finds clues to illegal and illegal activities that belong to the supervision duties of other departments, it shall promptly inform the relevant departments. Provincial people's governments can determine market supervision departments and supervision responsibilities in accordance with this principle and in combination with local realities, and make specific regulations to ensure that people are in charge and accountable for a seamless connection. Actively support the continued exploration of the places where the post-event and post-event supervision documents have been issued.
4. Improve the coordinated supervisory mechanism <br /> All regions and departments must strictly perform their duties in accordance with the law, and actively explore in promoting the transformation of government functions and deepening the reform of the commercial system in accordance with the principles that are conducive to comprehensive law enforcement, sinking the focus, and strengthening local supervision responsibilities Innovate the market supervision system and mechanism, strengthen information interconnection and sharing, improve the credit supervision mechanism, and improve supervision efficiency.
(7) Do a good job of information publicity.
Efforts will be made to build a national network of corporate credit information. The industry and commerce department must earnestly perform the statutory duties of publicizing the information of market entities through the corporate credit information publicity system, and urge market entities to fulfill their information publicity obligations. Other government departments shall publicize information such as administrative licenses and administrative penalties to the public through the corporate credit information disclosure system and the "Credit China" website. Before the end of 2016, local governments should initially realize the collection of administrative licenses, administrative penalties, and other enterprise information that should be made public according to law in the course of performing their duties.
(8) Establish information interconnection and sharing mechanism.
Before the end of 2016, local governments should initially realize the real-time transmission and barrier-free exchange of information between industry and commerce departments, approval departments, industry authorities and other departments. Distinguish confidential and non-confidential information, implement classified management of collection, sharing, and use of enterprise information in accordance with law, publicize it according to law, and keep relevant information under the name of the corresponding enterprise. By constructing a two-way notification mechanism and a data comparison mechanism, grasp the risk points of supervision, organically integrate system measures such as certificate and license connection, supervision linkage, and law enforcement cooperation to support post-event supervision. All departments should establish and improve information sharing, coordination and cooperation mechanisms with judicial organs at the same level, such as people's courts and people's procuratorates, and effectively form a joint effort.
(9) Strengthen the supervision and research on the supervision of risk.
The industry and commerce department, the examination and approval department, and the competent department in charge of the industry shall take the lead in organizing relevant departments to strengthen research and analysis in accordance with their statutory duties, make full use of modern information technologies such as big data and the Internet of Things, and integrate relevant information such as spot checks, targeted monitoring of the Internet market, breach of trust, and reports To grasp the characteristics of illegal activities in related fields, improve the ability to detect problems and prevent and resolve regional, industrial and systemic risks, and achieve early detection and early warning. It is necessary to establish a sound mechanism for the division and division of labor in the online market supervision, and strengthen online and offline integrated supervision.
(10) Prevent and resolve risks.
Industry and commerce departments, examination and approval departments, and industry authorities must comprehensively use reminders, interviews, and warnings through information disclosure, spot checks, and spot checks to strengthen supervision of market entities and related personnel in order to resolve market risks in a timely manner. It is necessary to strengthen after-the-fact supervision of market entities that have violated laws and regulations, identify the types and nature of violations in a timely manner in accordance with the law, and organize relevant departments to jointly deal with them in accordance with their respective functions. The double-random random inspection mechanism for randomly selecting inspection objects and randomly selecting law enforcement inspectors is generally promoted. A market entity directory and a law enforcement inspectors directory are established and improved. Random inspection objects are selected from the market entity directory through lottery and other methods. Law enforcement inspectors are randomly selected from the law enforcement inspector directory.
(11) Establish and improve joint punishment mechanisms.
Intensify administrative penalties and credit constraints on illegal market entities, and implement disciplinary measures such as revoking business licenses, revoking cancellation and cancellation permits, and listing them in the business abnormal list and blacklist. Before the end of 2016, it is necessary to establish and improve a cross-department linkage response mechanism and a disciplinary punishment mechanism. In the work of production and business license, employment qualification, qualification review, etc., credit information is taken as an important consideration factor. Untrustworthy subjects such as criminal files are restricted or prohibited from entering according to law, forming a joint punishment mechanism of one violation and one limitation.
(12) Exploring a comprehensive law enforcement model.
Explore and promote a unified market supervision and comprehensive law enforcement model, and deploy law enforcement forces in accordance with the principles of reducing levels, consolidating teams, and improving efficiency. Significantly reduce the types of city and county government enforcement teams. Strengthen the linkage of law enforcement and form a synergy of supervision.
Before the end of 2015, where comprehensive law enforcement agencies have been established, it is necessary to give full play to the integration advantages of law enforcement forces, and publicize market subject registration, administrative license, and administrative punishment through corporate credit information publicity systems and Credit China websites to achieve joint punishment.
V. Constructing a Common Social Governance Pattern <br /> Maintaining the normal market order is the common responsibility of the entire society. While performing market supervision duties in accordance with the law, all regions and departments must give full play to the normative role of laws and regulations, the self-discipline role of industry organizations, and the role of market professional service organizations, the public and public opinion to promote self-restraint and honest management by market entities. Actively and steadily promote the government to purchase services from social forces, and support social forces to play a role in market supervision.
(13) Guide market autonomy.
Various regions and departments shall adopt measures of keeping promises and disciplinary measures to encourage market entities to strengthen their responsibilities and to fulfill their legal obligations in all aspects, such as production safety, quality management, marketing, after-sales service, and information disclosure. Guide market entities to fully understand the key role of credit status on their own development, take the initiative to accept social supervision, and improve the level of integrity and autonomy. Encourage market entities to provide fair and fair credit evaluation services to transaction parties through the Internet, and provide objective and fair records, public transaction evaluation and consumption evaluation information.
(14) Promote industry self-discipline.
All regions and departments should attach great importance to and create favorable conditions, and give full play to the important role of industry associations and chambers of commerce in promoting the development of industry norms. Use the opinions and suggestions of industry associations and chambers of commerce as an important reference for formulating regulations, major policies and evaluating the effect of implementation. Establish a credit information interconnection and sharing mechanism between the government and industry associations and chambers of commerce. Establish the participation mechanism of industry associations and chambers of commerce in all aspects of after-event supervision. Giving full play to and taking advantage of the role of industry associations and chambers of commerce in the protection of rights, qualifications, disputes, and disciplinary punishment. Support industry associations and chambers of commerce to carry out industry credit evaluation work, establish and improve corporate credit files, and improve the industry credit system. Through government purchase of services and other methods, it entrusts industry associations and chambers of commerce to carry out credit evaluation, consulting services, legal training, and supervision effect evaluation to promote the positive interaction between supervision and law enforcement and industry self-regulation.
(15) Encourage social supervision.
All regions and departments should give full play to the supervisory role of market specialized service organizations. Rely heavily on social organizations such as consumer associations to keep abreast of outstanding issues in the field of market supervision and strengthen supervision and inspection in a targeted manner. Actively give play to the supervision role of professional service agencies such as accounting firms, law firms, notaries, inspection and certification agencies. Support arbitration agencies, mediation organizations, etc. to resolve disputes between market players through arbitration, mediation, and other methods. Actively build a third-party evaluation mechanism, cultivate and develop social credit evaluation agencies, support the development of credit ratings, and provide objective and fair market subject credit information. Support the exploration and development of socialized credit information publicity services. All regions and departments should give full play to the role of public opinion in supervision, improve the incentive mechanism for public participation in supervision, form an obtrusive mechanism for consumers to "vote with their feet," create conditions to encourage the masses to actively report illegal business practices, and make full use of new media and other means Collect socially reflected issues in a timely manner.
6. Strengthen the organization and implementation <br /> The implementation of the "certificate first and then the certificate" reform, strengthen supervision during the event and afterwards, involving multiple departments, a wide range, and complex situations, is a systematic project. All regions and departments should attach great importance to, carefully organize, make careful deployment, pay close attention to implementation, and strengthen accountability.
(16) Strengthen organization and coordination.
Local people's governments at all levels must attach great importance to the establishment and improvement of government-led, department-led, social participation, and coordinated advancement work mechanisms, and strengthen organizational security, mechanism security, and funding security. Provincial people's governments should strengthen the coordinated advancement of relevant reforms in their respective administrative areas, and city and county governments should strengthen their implementation efforts, practically solve specific problems encountered in the reform, and ensure that the reform measures are advanced in an orderly manner and put in place. All departments should timely grasp and study the new situations and problems encountered in the reform process, strengthen guidance, encourage exploration, and coordinate progress.
(17) Strengthen publicity and guidance.
Various regions and departments must publicize the responsibilities, measures, work progress and effectiveness of each department after the event through various channels and forms, and encourage and guide the whole society to participate, forming a good atmosphere of understanding, concern and support for reform and public opinion. Monitor the environment.
(18) Strengthen supervision and inspection.
The General Administration of Industry and Commerce, together with relevant departments, is responsible for the overall coordination, follow-up, supervision and inspection of the implementation of this opinion to ensure the smooth and orderly implementation of various reforms. The audit department shall strengthen the follow-up audit of the implementation of policies, and increase the auditing efforts in setting up licensing projects and performing statutory regulatory duties.

Attachment: "Approval before certification" reform related approval items that clearly stipulate the regulatory authorities and regulatory responsibilities in laws and regulations ^[2]

The State Council promulgated the "Opinions on Strengthening Supervision after the Event and After the Event" (hereinafter referred to as "Opinions"). The "Opinions" is an important document for further deepening the reform of the commercial system under the new situation, and it marks that the reform of the commercial system "decentralizes, manages and serves"

Liu Junhai, director of the Institute of Commercial Law of Renmin University of China : Further implementation of the reform measures of certify first and then permit will reduce the establishment cost of the company. Improve approval efficiency.

Liu Yuting, deputy director of the State Administration for Industry and Commerce: The Opinions called for strengthening credit supervision, restricting or prohibiting illegal and untrustworthy enterprises and individuals in bidding, entry and exit, and government procurement, and weaving Skynet to safeguard market order.