No. 10 [2021] of the General Office of the State Council
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government; and all ministries and commissions of the State Council and all institutions directly under the State Council:
Deepening the reform of “simplification of administrative procedures, decentralization of powers, combination of decentralization with appropriate control, and optimization of services” (hereinafter referred to as “simplification and decentralization”) and creating a business environment that is market-oriented, law-based and foreigner-friendly are of vital significance for ensuring “stability on six fronts” and implementing the task of maintaining “security in six areas”. In recent years, furthering the reform of “simplification and decentralization” has effectively stimulated the vitality of market entities and the creativity of all social sectors. However, there have still existed some prominent problems that are yet to be resolved, including those that enterprises and the people are most concerned about and have paid particular attention to. For the purposes of further deepening the reform of “simplification and decentralization”, working effectively to ensure “stability on six fronts” and “security in six areas”, and promoting high-quality development, with the consent of the State Council, the Opinions are hereby offered as follows.
I. General requirements
1. Guiding ideology: With Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guidance, efforts shall be made to comprehensively implement the spirit of the 19th CPC National Congress and the 2nd, 3rd, 4th, 5th Plenary Sessions of the 19th CPC Central Committee, earnestly fulfill the decisions and arrangements of the CPC Central Commission and the State Council, focus on new development stages and uphold new development concepts with the aim of building new development patterns, remain committed to ensuring “stability on six fronts” and “security in six areas”, accelerate the transformation of governmental functions, deepen the reform of “simplification and decentralization”, support efficient allocation of production factors and resources, and effectively maintain fair competition. There shall be more efforts to create a world's first-class business environment in China, promote the modernization of governance system and governance capacity, and advance sustainable and sound economic and social development.
2. Basic principles
Continuing to take an objective-oriented approach and adopt a complete set of policies: Making enterprises and the people have a stronger sense of gain by introducing practical policies and reform measures with the focus placed on key fields, such as stabilizing and expanding employment, supporting the development of market entities, increasing effective investment, encouraging consumer spending, keeping foreign trade and foreign investment stable, and guaranteeing basic living standards.
Remaining firm to a practical, effective and problem-oriented approach: Focusing on difficulties and challenges facing enterprises and the people, continuing to deal with difficult problems and to combine decentralization and administration, striving to remove unreasonable limits on market entities, imposing more effective supervision, continuing to optimize government services, and sparing no effort in improving the value of reform.
Insisting on system integration and making progress with coordination: Following a strategic vision, strengthening cooperation and coordination among different sectors in the reform of “simplification and decentralization”, promoting joint efforts between the central government and local governments, boosting inter-departmental collaboration, advancing the reform based on the full life cycle and the complete industrial chain, providing better policies to support the reform, magnifying the effect of the reform, and strengthening impetus to growth.
II. Making further efforts to optimize the employment environment
3. Lowering the threshold for employment: Further steps shall be taken to reduce the number of professions that need a license-based qualification. The qualification limits for vocations such as village veterinarians and certified oil and gas engineers for exploration and design shall be removed, and more private enterprises shall be invited to participate in the assessment of professional skills. Efforts shall be made to improve the national catalog of professional qualifications on a continuing basis. The years-of-experience requirements for taking qualification examinations for some license-based professions shall be relaxed or lifted. More standards for the access of micro and small e-commerce enterprises shall be provided. The standards for public convenience services and occasional and low-value transactions as prescribed in the E-commerce Law of the People's Republic of China shall be defined in a scientific way. (The Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-rural Development, the Ministry of Agriculture and Rural Affairs, the State Administration for Market Regulation, and other relevant departments of the State Council and all regions shall be responsible according to the division of functions)
4. Supporting the improvement of professional skills: A mechanism for adjusting the criteria of subsidies to training on professional skills shall be established, and the criteria of such subsidies shall be determined in a scientific and reasonable manner. The scope of areas for funds for training on professional skills shall be expanded. The duration of policies on work-based training organized by companies shall be extended, and the materials that companies are required to submit when applying for work-based training shall be reduced and simplified. More training on professional skills shall be provided to staff working in housekeeping and elderly care sectors, so as to improve their employment abilities. New modes of cooperation between industrial associations and universities shall be introduced to encouraged industrial associations, cross-enterprise training centers and other organizations to provide apprenticeship-based training for micro-, small- and medium-sized enterprises. Approval services shall be optimized, and a notification and commitment system shall be explored to facilitate the establishment of various occupational training institutions. (The Ministry of Human Resources and Social Security, the Ministry of Civil Affairs, the Ministry of Finance and other relevant departments of the State Council and all regions shall be responsible according to the division of functions)
5. Supporting and regulating the new forms of employment: Hidden barriers that have impeded the development of new industries and new business forms shall be removed. More areas and channels shall be provided for people to obtain employment. Stronger supervision and guidance shall be provided for platform enterprises so as to promote fair and orderly competition. Platform enterprises shall be encouraged to improve their service agreements and trading rules according to laws and regulations. Charging rates shall be determined in a reasonable way. Better management services shall be provided to support the sound development of new forms of employment. Fiscal and financial policies that support the new forms of employment shall be implemented and enhanced. The role of innovation and business startup demonstration centers in taking the lead shall be leveraged. Key groups of people such as university graduates, ex-servicemen and rural migrant workers shall be given strong support in starting new businesses or finding jobs. Policies and measures for social security of flexible employees shall be improved, people shall be allowed to access social security in the locality where they work if they do not hold local residency. The pilot program of occupational injury insurance for people shall be accelerated, the coverage of workers' compensation benefits shall be increased, and the lawful rights and interests of flexible employees shall be safeguarded. (The National Development and Reform Commission, the Ministry of Education, the Ministry of Finance, the Ministry of Human Resources and Social Security, the Ministry of Agriculture and Rural Affairs, the Ministry of Veteran Affairs, the People's Bank of China, the State Taxation Administration, the State Administration for Market Regulation, the National Healthcare Security Administration, the Banking Insurance Regulatory Commission and other relevant departments of the State Council and all regions shall be responsible according to the division of functions)
III. Further reducing the burden of market entities
6. Improving the mechanism for favorable services for enterprises: Good practices for promoting the mechanism for directly allocating budgetary funds to prefecture- and county-level governments. The inclusion of funds that benefit enterprises in such a mechanism shall be researched. The procedures for review of tax rebates shall be optimized, and intelligent and automatic procedures shall be gradually implemented. The payment of taxes for non-tax incomes in all sectors across different provinces shall be supported. The procedures and formalities for handling the application for enjoying favorable tax policies shall be simplified. The scope of “independent judgment, self-declaration, and ex-post regulation” shall be continuously expanded. The property and behavior tax return shall be consolidated, and the return for surcharges such as value-added tax, consumption tax and urban maintenance and construction tax shall be consolidated. Stronger efforts shall be made to develop market-oriented credit reference institutions. The national credit-based comprehensive loan service platform shall be improved to promote the collection and sharing of credit information concerning water, electricity, gas, tax payment and social insurance. The creditability of enterprises shall be “portrayed” and enhanced by using big data and other modern information technologies. Policies favorable to enterprises in such sectors as finance and social security shall be made more extensive, precise and effective. Continuous efforts shall be made to regulate the charging of utilities such as water, electricity, gas and heating, so as to ensure that favorable policies can truly bring benefits to end users. Enterprises shall be encouraged to establish a prudent operation system. Monopolistic conducts shall be investigated and punished according to the law, and illegal acts in relation to prices such as price rigging and forcing up prices shall be rigorously punished. (The National Development and Reform Commission, the Ministry of Finance, the Ministry of Human Resources and Social Security, the National Healthcare Security Administration, the People's Bank of China, the State Taxation Administration, the State Administration for Market Regulation, the Banking Insurance Regulatory Commission and other relevant departments of the State Council and all regions shall be responsible according to the division of functions)
7.Regulating and improving intermediary services: Hidden barriers built by administrative organs for monopoly services of special intermediaries or wrongdoings of shifting the burden of payment for intermediary service fees for administrative approval to enterprises shall be rigorously punished. The range of intermediary services established by the departments of the State Council and local governments shall be strictly regulated. The threshold for access to intermediary services shall be lowered according to the law, industry barriers shall be eliminated, local protectionism shall be lifted, and a competition mechanism shall be introduced to promote the quality of intermediary services. A reasonable pricing mechanism shall be established. The supervision of intermediary institutions shall be strengthened. Intermediary institutions shall be encouraged to publicize the conditions, procedures, time limits and charging rates for intermediary services. Overcharging or disguised price increases and other similar acts shall be resolutely investigated and punished. (The General Office of the State Council, the State Administration for Market Regulation, the National Development and Reform Commission and other relevant departments of the State Council and all regions shall be responsible according to the division of functions)
8.Standardizing and Improving Certification Services. We shall transform certification bodies into enterprises, separate them from government departments, increase market openness and promote fair and orderly competition. We shall strengthen supervision on the certification bodies and urge them to publish fee standard, promptly release certification information, and enhance service quality. The evaluation system related to certification shall be reviewed and standardized to eventually create a unified national certification system. A multi-level mechanism for acceptance of the certification results shall be established covering governments, industries and the society to promote mutual recognition of certification results among different departments, levels and regions. (Relevant departments of the State Council including the State Administration for Market Regulation, and various regions of China shall be responsible according to their respective duties)
9. Improving Enterprise-Related Approval Services. We shall review and standardize the preconditions and criterion for administrative approval by industries and fields, and clearly define administrative filing materials and procedures. Relying on the unified national government service platform, we shall promote the online handling of more enterprise-related items, simplify the commercial service process and devote major efforts to reducing the procedures, documents, time, and expenses required for government review, thereby cutting the institutional cost of transaction. The measures for management of electronic and electrical products shall be simplified and improved, and explorations shall be made in performing self inspection and self certification by enterprises and management by product line and product family. We shall promote the use of electronic application process for trademark patent registration at an accelerated pace, reduce the period of trademark opposition, change, transfer, renewal and patent licensing announcement by category, build a rapid rejection mechanism for trademarks of significant adverse effect, and crack down on malpractices such as malicious trademark registration, and abnormal patent application. (Relevant departments of the State Council including the General Office of the State Council, Ministry of Industry and Information Technology, State Administration for Market Regulation, and National Intellectual Property Administration, and various regions of China shall be responsible according to their respective duties)
IV. Further Expanding Effective Investments
10. Keeping Improving the Investment Approval Efficiency. We shall continue to reform the investment examination and approval system, streamline and integrate the construction application procedures for investment projects, implement the enterprise commitment system on investment projects, and improve the approval process for major investment projects in transportation, water conservancy, energy and other fields. Various regions shall be encouraged to advance reform in “standard land” grant, establish a scientific indicator system for the grant of “standard land”, simplify and improve the land supply process for industrial projects, reduce the time of land supply, and eventually lower the operating cost for investment projects. We shall increase interconnectivity and data sharing between online approval supervision platforms and relevant approval systems for investment projects to avoid repeated application by enterprises and repeated approval by the departments concerned. (Relevant departments of the State Council including the National Development and Reform Commission, Ministry of Natural Resources, Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Water Resources, and National Energy Administration, and various regions of China shall be responsible according to their respective duties)
11.Optimizing the Examination and Approval of Construction Projects. We shall continue reform in the examination and approval system of construction projects, and build a unified national construction project approval and management system. We shall further simplify and integrate administrative licensing, technical review, intermediary service, municipal public service, and other items involved in the whole process of construction projects. We shall support various regions to increase the quota of permits for construction projects based on their actual situations, and implement an approval mode based on the “list system and informed commitment system” for simple, low-risk construction projects. We shall study and develop institutional documents for whole-process approval management of construction projects, establish a sound supervision management mechanism for approval of construction projects, strengthen management of approval behaviors and approval time throughout the process, and standardize pre-review, construction drawing review, and other steps to avoid separate approval by the departments concerned. (Relevant departments of the State Council including the Ministry of Housing and Urban-Rural Development and National Development and Reform Commission, and various regions of China shall be responsible according to their respective duties)
V. Further Tapping the Potential of Consumption
12.Removing Hidden Barriers to Consumption. We shall focus on breaking industrial monopoly and local protection, removing impediments to smooth economic circulation, and creating a unified and efficient domestic market that adheres to high standards and encourages fair competition. We shall remove some administrative restrictions on consumption and purchase in an orderly manner to unleash the potential of consumption. We shall accelerate the revision of the Measures for the Administration of the Circulation of Second-hand Automobiles, encourage various regions to eliminate illegal restrictions on the entry of used cars, and soften the terms on used-car operation. We shall standardize qualification authentication for automobile recycling enterprises, support qualified enterprises to enter the market, and investigate and punish in accordance with the law those that illegally dismantle second-hand vehicles. We shall encourage various regions to reduce market access for homestay tourism and promote the implementation of the standard for homestay tourism industry. We shall develop the guideline on approval procedures for cross-regional touring performances, and optimize the approval process to ease the business of performance operators in different regions. (Relevant departments of the State Council including the National Development and Reform Commission, Ministry of Public Security, Ministry of Ecology and Environment, Ministry of Commerce, and Ministry of Culture and Tourism, and various regions of China shall be responsible according to their respective duties)
13.Facilitating Market Access for New Products. For new technologies and products in urgent and large demand, we shall formulate rapid procedures according to the national standard, simplify the standard development and revision process, and shorten its release period. Before relevant national standards are released, social organizations shall be encouraged to create group standards that meet market and innovation needs. Enterprises shall be encouraged to develop competitive corporate standards and make self declaration and disclosure of such corporate standards. By doing so, we can accelerate the launch of new technologies and products. We shall speed up the coordination of technological processes, circulation rules, and other rules for domestically and internationally traded products. We shall ensure that products sold in the home market are produced on the same production lines, meet the same standards, and are of the same quality as those exported. We shall remove systemic barriers to the domestic sale of goods intended for export. We shall continue to expand pilot cities for cross-border e-commerce retail imports, and expand the list of import goods for cross-border e-commerce retail business. (Relevant departments of the State Council including the State Administration for Market Regulation, Ministry of Commerce, General Administration of Customs, Ministry of Finance, and various regions of China shall be responsible according to their respective duties)
VI. Further Stabilizing Foreign Trade and Foreign Investment
14. Continually Improving the Environment for Foreign Investment. We shall improve the system of pre-entry national treatment plus a negative list management for foreign investment, and ensure that foreign-invested enterprises enjoy equal access to the supporting policies. We shall support foreign-invested enterprises to better participate in the formulation of national and industrial standards. We shall optimize the system for reporting foreign investment information, improve the functions of the enterprise registration system and enterprise credit information publicity system, and strengthen guidance to reduce burden on enterprises. (Relevant departments of the State Council including the National Development and Reform Commission, Ministry of Commerce and the State Administration for Market Regulation, and various regions of China shall be responsible according to their respective duties)
15.Continuing to Facilitate Customs Clearance. We shall align single-window document processing for international trade with information platforms such as the port, railway, civil aviation, as well as banks and insurance institutions. We shall optimize the rules of customs risk monitoring control, promote scientific and random control, increase the accuracy of manual analysis and control, and reduce the inspection rate for law-abiding enterprises and low-risk commodities. We shall deepen reform of the inspection and supervision mode for export commodities, and proactively institutionalize the recognition of third-party inspection results. Tallying, tugging and entrusted inspection entities shall be encouraged to enter the market for fair competition. (Relevant departments of the State Council including the General Administration of Customs, Ministry of Transport, China Banking and Insurance Regulatory Commission, National Railway Administration and Civil Aviation Administration, and various regions of China shall be responsible according to their respective duties)
16.Reviewing and Standardizing Port-Related Charges. We shall speed up the revision of the Regulations on Port-Related Charges, improve port-related charge policies, and merger items of charges. Standard pilotage fee of coastal ports shall be reduced, and owners of more vessels shall be allowed to decide on their own whether to use a tugboat. We shall improve the rules on container cleaning and repairing, and review and standardize cleaning and repairing charges at off-port yards, door closing fees for rail transportation, and other charges. A catalog list charge system shall be implemented at ports to ensure that no charges are made other than those specified in the list. We shall perform cost supervision & examination or cost investigation on government charges based on cost and adjust the fee standard in a timely manner. For charges based on market-adjusted prices and the corresponding charging entities, we shall carry out typical cost surveys to provide the basis for reasonable and standard charge. (Relevant departments of the State Council including the National Development and Reform Commission, Ministry of Finance, Ministry of Transport, State-owned Assets Supervision and Administration Commission, General Administration of Customs, State Administration for Market Regulation, and various regions of China shall be responsible according to their respective duties)
VII. Further Improving the Service for People’s Wellbeing
17. Ensuring Creative Supply of Elderly Care and Medical Services. We shall advance reform of state-run elderly care institutions through government-enterprise joint campaign, introduce social capital and professional management service organizations to the elderly care sector, and put idle beds and resources into good use. While providing centralized support for disabled and partially disabled elderly people in extreme poverty, such beds and resources shall be open to other elderly people with disability or dementia. We shall facilitate the cancellation of clinic establishment approval, and replace examination and approval with filing in clinic practice registration. The qualification classification of occupational health and technical service agencies shall be abolished to facilitate market access. Online sales of prescription drugs, except those specially regulated by the state, shall be allowed on the premise that such electronic prescriptions are from an authentic and reliable source. (Relevant departments of the State Council including the Ministry of Civil Affairs, National Health Commission, and National Medical Products Administration, and various regions of China shall be responsible according to their respective duties)
18. Providing More Targeted Social Assistance. We shall support various regions to advance the sharing of relevant data among different departments and units including civil affairs, human resources and social security, disabled persons’ federation, health and rural revitalization. We shall use big data and other modern information technologies to set up the mechanism for identifying and adjusting people living in poverty. We shall improve the service process, reduce the processing time, and identify and intervene in problems related to people’s livelihood at an early stage. By doing so, we can ensure that eligible people with financial difficulties receive timely assistance, and prevent false claims, rent-setting, rent-seeking and other malpractices. (Relevant departments including the Ministry of Civil Affairs, Ministry of Human Resources and Social Security, National Health Commission, National Healthcare Security Administration, The National Rural Revitalization Administration, China Disabled Persons’ Federation, and various regions of China shall be responsible according to their respective duties)
19. Improving Services for the Convenience of the People. We shall establish a sound coordination mechanism for the sharing of government data, and increase information sharing and mutual recognition of certificates. We shall reduce certification items by improving credit regulation and implementing the informed commitment system across the board. We shall adopt a list management system for certification items; no enterprise or individual shall be required to submit any certificate other than those specified in the list. Where a certificate is really needed, relevant enterprise or individual shall be informed of the name of the certification item, purpose, basis, the unit requiring the certificate, and the unit issuing the certificate. More items of service related to ensuring and improving the people’s wellbeing shall be handled across provinces. We shall provide creative intelligent services while keeping traditional services so as to address the difficulties faced by the elderly and other special groups in using intelligent technologies. (Relevant departments of the State Council including the General Office of the State Council, and Ministry of Justice, and various regions of China shall be responsible according to their respective duties)
VIII. Further Strengthening Ongoing and Ex Post Oversight.
20.Strengthening Supervision over Abolished and Delegated Items. We shall combine and attach equal importance to authorization and supervision, take effective supervision as a necessary guarantee for streamlining administration, and promote the transition of government management from pre-approval to ongoing and ex post supervision. For abolished and delegated administrative licensing items, the department in charge shall work with relevant departments to develop ongoing and ex post supervision measures, clearly define the level, department and mode of supervision, and improve regulatory rules and standards. We shall further clarify the duties and responsibilities of the supervision department, and strengthen coordination with local regulation. An effective supervision mechanism featuring mutual assistance and joint management shall be set up with clear division of responsibilities and proper supervision. (The task shall be led by the General Office of the State Council, with relevant departments of the State Council and various regions of China being responsible according to their respective duties)
21.Improving the Efficiency of Ongoing and Ex Post Oversight. Various regions and departments shall improve the supervision featuring random selection of both inspectors and inspection targets and the prompt release of results, credit supervision, and the “Internet plus oversight” to ensure more targeted and effective supervision. They shall review major regulatory items within their respective scope of duty, and carry out comprehensive supervision by consolidating interrelated items into “one single item”. They shall increase risk evaluation of daily regulatory items, practise classified supervision, and strengthen supervision over high-risk links. Items involving people’s health and public security shall be kept under strict supervision to ensure that no security issues arise. An inclusive and prudent attitude shall be adopted toward the supervision of new industries and new forms of business to guide and regulate their sound development. They shall also improve the unified national online supervision platform, promote the sharing of regulatory information, accelerate unified supervision based on big data, and enhance the comprehensive use of supervision information for improved supervision quality and efficiency. (The task shall be led by the General Office of the State Council, with relevant departments of the State Council and various regions of China being responsible according to their respective duties)
22. Strictly Standardizing Administrative Law Enforcement. We shall develop and publish guidance on further standardizing the administrative discretion standard system, encourage various regions and departments to define the types and extent of administrative discretion, standardize the applicable procedures, and correct irregular practices such as giving punishments that are obviously too light or too heavy for the offender considering the actual circumstances. Various regions shall be encouraged to establish a list management system for flexible law enforcement. For minor illegal acts, administrative compulsory measures should be avoided if possible or used with caution so that we won’t just shut down the enterprise or give a penalty without trying to solve the actual problem. (The task shall be led by the Ministry of Justice with relevant departments of the State Council and various regions of China being responsible according to their respective duties)
IX. Safeguarding Measures
23. Improving the Enterprise and Public Assessment Mechanism. We shall continue to use the sense of gain and satisfaction of enterprises and the public as the criteria for judging the effect of our reform, and establish a regular mechanism for enterprises and the public to evaluate reform measures at the national level by relying on the integrated national government service platform and the website of the Central People’s Government. We shall promptly publish the evaluation results, and strengthen rectification of negatively commented items to realize seamless connection between evaluation, feedback and rectification. We shall ensure public participation, public evaluation and market recognition. Each region shall set up a social evaluation mechanism for reform measures at the local level.
24.Strengthening Organization and Implementation. All regions and departments shall attach great importance to the work of delegating power, improving regulation and upgrading services, promptly study and resolve new situations and problems arising from the reform, and ensure greater vitality, fairer regulation and more efficient service. In light of their actual conditions, all regions and departments shall formulate implementation plans in accordance with laws and regulations, introduce specific policies measures and ensure the proper implementation of each of these measures. The General Office of the State Council shall strengthen supervision and guidance to ensure proper implementation of the reform measures.
General Office of the State Council
April 7, 2021
