Recently, the State Administration for Market Regulation and other departments issued a circular on the clean-up of policies and measures that hinder the unification of the market and fair competition.
(1) Obstructing market access and exit. Including but not limited to:
1.2.3.4.5
.
(2) Obstructing the free flow of goods and factors. Including but not limited to:
1.2.3.4.5
.
(III) Costs affecting production and operation. Including but not limited to:
1.2.3.4.5
.
(IV) Affecting production and operation. Including but not limited to:
1.2.3.4
.
For regulations, normative documents and other policies and measures formulated before December 31, 2019, If the clean-up has been carried out in accordance with the requirements of the Notice of the General Administration of Market Supervision and Other Four Departments on the Clearance of Policies and Measures that Impede the Unified Market and Fair Competition (No.245 of the State Administration of Market Supervision and Anti-Monopoly [2019]), the clean-up may not be repeated.
2. To strengthen the main responsibility
, the departments of the State Council, local people's governments at all levels and their subordinate departments shall organize and carry out the clean-up work in accordance with the principle of "who formulates, who cleans up", and strengthen supervision and guidance to ensure that "all should be cleaned up". The rules, normative documents and other policies and measures formulated by the departments of the State Council, as well as the normative documents and other policies and measures formulated by the departments of the local people's governments at or above the county level, shall be sorted out by the formulating departments; where the departments jointly formulate or involve the responsibilities of more than one department, the leading department shall be responsible for organizing the sorting out; If the enacting department has been revoked or its functions and powers have been adjusted, the department that continues to exercise its functions and powers shall be responsible for clearing up. The rules, normative documents and other policies and measures formulated by the local people's governments at or above the county level shall be put forward by the implementing departments or the leading implementing departments and submitted to the people's governments at the corresponding levels for decision.
3. Grasp the stage arrangement
(1) Work preparation stage: early and mid-June 2023. Departments of
the State Council, local people's governments at all levels and their subordinate departments should thoroughly study and implement the decisions and arrangements of the Party Central Committee and the State Council on speeding up the construction of a unified national market and promoting the implementation of fair competition policies, refine the work programme, clarify the timetable and road map for the completion of tasks, and lay a solid foundation for the smooth development of the clean-up work.
(II) Sorting and investigation stage: from mid-late June to August 2023. Departments of the
State Council, local people's governments at all levels and their subordinate departments shall, in accordance with the standards and priorities of the clean-up, conduct an item-by-item investigation of the policies and measures formulated by their respective departments and regions, and sort out the list of policies and measures that need to be cleaned up and abolished.
(3) Revision and abolition stage: September-October 2023. Departments of the
State Council, local people's governments at all levels and their subordinate departments form conclusions on the policies and measures sorted out, and initiate abolition or revision in accordance with the procedures. If the main contents of the policies and measures conflict with the requirements of unified market and fair competition, they shall be abolished in accordance with relevant procedures; if some of the contents conflict with the requirements of unified market and fair competition, they shall be revised in accordance with relevant procedures.
Some policies and measures hinder the construction of a unified national market and fair competition. However, if it conforms to the exceptional provisions of the Opinions of the State Council on Establishing a Fair Competition Review System in the Construction of the Market System (Guofa [2016] 34) and the Rules for the Implementation of the Fair Competition Review System (Guo Shi Jian Fang Long Gui [2021] 2), it may continue to be retained for implementation, but the specific implementation period shall be specified and explained in the results of the clean-up.
For policies and measures whose immediate termination will have a significant impact or whose abolition and revision cannot be completed in a short period of time, a reasonable transition period should be set up, which should be explained in the results of the clean-up and published to the public in a timely manner.
(IV) Summary and submission stage: November 2023. The subordinate departments of the local people's governments at or above
the county level shall report the results of the clean-up to the people's governments at the corresponding levels in a timely manner. The people's governments at the municipal and county levels shall promptly submit the results of the clean-up of the governments at the corresponding levels and their subordinate departments to the local people's governments at the next higher level. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the departments of the State Council shall, by the end of November 2023, submit to the General Administration of Market Supervision a summary of the clean-up work of their respective regions and departments, as well as the Statistical Table of the Clearance of Regulations, Normative Documents and Other Policies and Measures. The General Administration of Market Supervision shall report the above-mentioned clean-up to the State Council in a timely manner and copy it to the relevant departments of the State Council. The clearance
of secret-related policies and measures shall be handled in accordance with the relevant provisions on confidentiality.
Fourth, do a good job in organizing and implementing
(1) Compacting responsibilities layer by layer. Departments of the State Council, local people's governments at all levels and their subordinate departments should deeply understand the importance and urgency of the clean-up work, give full play to the role of overall coordination, supervision and guidance of fair competition review bodies, strengthen work cooperation, promote information sharing, form joint efforts, correct the untimely and inadequate clean-up work, and ensure that the clean-up work is carried out in accordance with the time limit. If all regions and departments are carrying out the clean-up work of policies and measures in accordance with other deployments, they should coordinate and link up with the clean-up work.
(2) Strengthen social supervision. We should adhere to the principle of combining self-cleaning with social supervision, open the door to clean up, fully listen to the opinions of all sectors of society on the clean-up work, give full play to the role of social supervision, and form a situation of clean-up work led by government departments and orderly social participation.
(3) Vigorously publicize and advocate. All regions and departments should make full use of various communication channels to carry out various forms of publicity activities, widely publicize the significance and progress of the clean-up work to all sectors of society, and create a good atmosphere of public opinion and working environment for the clean-up work.
(Four) improve the long-term mechanism. We should take the clean-up work as an opportunity to find out the development and implementation results of fair competition review in various regions and departments, further improve the working mechanism of joint review of major policies and measures and third-party evaluation, and promote the acceleration of the construction of a unified national market.
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