is to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, study and implement the idea of Xi Jinping and rule of law in depth, implement the spirit of the 20th National Congress of the CPC and the 2nd and 3rd Plenary Sessions of the 20th Central Committee in an all-round way. We should strengthen administration according to law, ensure that administrative inspection is based on law, strictly standardized, fair, civilized, accurate and efficient, and further optimize the business environment.
2. To clarify the subject of administrative inspection, it is strictly forbidden to organize the implementation of administrative inspection
without the qualification of the subject, and the subject of administrative inspection must have the legal qualification. Administrative organs with the power of administrative law enforcement must carry out administrative inspection within the scope of their statutory duties; organizations authorized by laws and regulations to manage public affairs must carry out administrative inspection within the scope of their statutory authorization; and entrusted organizations must carry out administrative inspection within the scope of their entrustment. Except for the above subjects, no organization or individual may carry out administrative inspection. The qualification of the subject of administrative inspection shall be confirmed according to law and announced to the public. It is strictly forbidden for government deliberation and coordination agencies to carry out administrative inspection in various names; it is strictly forbidden for inspection and testing institutions, scientific research institutes and other third parties to carry out administrative inspection; it is strictly forbidden for outsourcing to intermediaries to carry out administrative inspection; it is strictly forbidden for law enforcement assistants, grid workers, temporary workers and other personnel who have not obtained law enforcement certificates to carry out administrative inspection.
3. To clean up and publish administrative inspection matters, the
competent authorities concerned should strictly implement the system of power and responsibility list, sort out the existing administrative inspection matters related to enterprises in this field and implement dynamic management, resolutely clean up those without legal basis, timely adjust those changes in legal basis, and strictly implement them. Those that have no practical results should be cancelled. Administrative inspection matters shall be made public to the public in accordance with the requirements of transparent power and responsibility and open use of power, and shall be subject to the supervision of enterprises and society. Administrative inspection items shall not be implemented without publication.
4. Reasonably determine the way of administrative inspection, minimize the frequency
of enterprise entry inspection, vigorously promote accurate inspection, and prevent repeated inspection and multiple inspection. If the administrative inspection can be carried out together, the inspection shall not be repeated; if the administrative inspection can be carried out jointly, the inspection shall not be carried out in multiple ways; if the supervision can be carried out through written verification, information sharing, intelligent supervision, etc., the on-site inspection shall not be carried out in the enterprise. Strictly control the number of inspectors entering enterprises, optimize "comprehensive inspection once", "double random, one open" spot checks, and carry out "one table general check" for simple matters. Except for legal basis, the inspection of entering enterprises shall not be regarded as a prerequisite for administrative licensing, administrative payment and other administrative acts. Before the end of June 2025, the relevant competent departments of the State Council shall establish a hierarchical and classified inspection system in this field; the relevant competent departments shall announce the upper limit of the annual frequency of administrative inspection carried out by the same administrative organ on the same enterprise. The frequency of administrative inspection should be included in the annual report of administrative law enforcement statistics. If it is really necessary to carry out administrative inspection according to the clues of complaint reporting, transfer and data monitoring, or if the enterprise applies for the implementation of administrative inspection, it may not be subject to the upper limit of frequency, but if it obviously exceeds the reasonable frequency, the administrative law enforcement supervision organ shall follow up and supervise in time. Explore the establishment of an economic impact assessment system for administrative law enforcement cases involving enterprises, and reduce the negative impact of administrative law enforcement, especially administrative inspection, on enterprises according to law.
5. Strictly enforce the standards and procedures of administrative inspection and put an end to arbitrary inspection
. The relevant competent departments of the State Council should sort out the existing administrative inspection standards in this field and publish them before the end of June 2025. If the administrative inspection standards in different fields conflict with each other, the competent authorities concerned shall, in accordance with the provisions, request the government at the corresponding level or the administrative organs at the next higher level to coordinate so as to avoid the enterprises being at a loss as to what to do. Before the
implementation of administrative inspection, the inspection plan shall be formulated and submitted to the person in charge of the administrative law enforcement body for approval, and shall not be approved only by the person in charge of the internal organ. If the situation is urgent and needs to be implemented on the spot, it shall be reported in time and the formalities shall be completed. When carrying out administrative inspection, a notice of administrative inspection shall be issued. Speed up the implementation of "scanning code into enterprises" and upload the data of administrative inspection subjects, personnel, contents and results to the information system in real time. Law enforcement personnel should show their law enforcement certificates on their own initiative, and it is strictly forbidden to replace law enforcement certificates with other certificates to carry out administrative inspection; people's police should show their people's police certificates. Except as otherwise provided by law, there shall be no fewer than two law enforcement officers. On-site inspection records shall be made for enterprise entry inspection, and audio-visual records shall be made when necessary. After the completion of the administrative inspection, the enterprise shall be informed of the results of the administrative inspection in a timely manner. We should adhere to the principle of equal punishment, strictly implement the benchmark system of administrative discretion, adopt more flexible law enforcement methods, and exempt or exempt those who can be dealt with by reminding, informing and dissuading according to law from punishment in accordance with the principle of tolerance and prudence, and report and expose cases with prominent problems. The administrative law enforcement supervision organ of the State Council shall formulate a unified standard for the basic format of administrative inspection documents by the end of April 2025 and publish it to the public. Based on the principle of territorial jurisdiction, the relevant competent departments of the State Council shall establish and improve the off-site assistance mechanism for administrative inspection by the end of December 2025, clarify the relevant rules, and strictly prohibit the implementation of off-site inspection in violation of regulations.
6. Strictly control special inspections and avoid "going through the motions" and "campaign" inspections
. Special inspections can be deployed in accordance with the law for prominent problems in a certain region or field. Special inspection should meet the objective needs of supervision, and the scope, content and time limit of special inspection should be strictly controlled after evaluation, so as to resolutely put an end to the full coverage and indiscriminate inspection of "one person is sick, everyone takes medicine". Special inspections shall be subject to annual quantity control, and inspection plans shall be drawn up in advance, filed in accordance with regulations after approval by governments at or above the county level or administrative organs at a higher level that implement vertical management, and published to the public. If the inspection items involve more than two departments, the competent departments concerned shall jointly draw up inspection plans to avoid multiple and duplicate deployments. If it is really necessary to deploy special inspection urgently because of the potential risks and serious adverse consequences, the inspection plan should be revised and filed in time. Special inspections should be carried out in strict accordance with the standards and procedures of administrative inspections, so as to achieve practical results and prevent "going through the motions".
7. Standardize administrative inspection behavior, prevent profit-seeking inspection and willful inspection
of enterprise-related administrative inspection to achieve "five strict prohibitions" and "eight prohibitions". It is strictly forbidden to conduct profit-seeking inspection, to accept any gifts, remuneration or welfare benefits from the inspected enterprises, to participate in banquets, entertainment, tourism and other activities provided by the inspected enterprises, to pay consumption expenses by the inspected enterprises or to transfer inspection fees to the enterprises, and to force the enterprises to accept services provided by designated intermediaries. It is strictly forbidden to interfere with the normal production and operation of enterprises and to deliberately require legal representatives to be present. It is strictly forbidden to punish enterprises willfully, and it is not allowed to arbitrarily seal up, seize, freeze or order them to stop production and business. It is strictly forbidden to issue inspection indicators, and to link the performance of assessment and budget items with the frequency of inspection and the amount of fines. Inspection in disguised form is strictly prohibited, and inspection in the name of observation, supervision and inspection is not allowed.
8. To consolidate and standardize management responsibilities and strengthen law enforcement supervision
of administrative inspection, governments at all levels and relevant competent departments should conscientiously implement the Opinions of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on Strengthening the Construction of the Coordination and Supervision System of Administrative Law Enforcement, strictly implement various requirements, and earnestly assume responsibility. Strengthen the standardized management of administrative inspection of enterprises involved. The main body of administrative law enforcement should publish the relevant matters of administrative inspection that should be made public according to law on the government website, and carry out administrative inspection strictly in accordance with the regulations. If an administrative inspection is carried out in violation of the provisions, the enterprise shall have the right to refuse to accept the inspection and to complain and report. Administrative law enforcement supervision organs should conscientiously perform their supervisory duties, strengthen the training of administrative law enforcement personnel, effectively change the misconception of "irresponsible inspection" of administrative law enforcement personnel, innovate the way of administrative inspection and supervision involving enterprises, promote the mode of "supervision + service", and realize normal supervision. It is necessary to organically link up all kinds of supervision methods and form a joint force of overall supervision.
9. Strengthen digital technology empowerment to ensure accurate and efficient
law enforcement supervision. The administrative law enforcement supervision institutions of the State Council should speed up the construction of the national administrative law enforcement supervision information system, and the relevant competent departments should actively coordinate, open up platforms and break down barriers. The relevant law enforcement data of administrative inspection should be collected comprehensively, uniformly and timely, as well as the information of administrative inspection items, basis, standards, plans and frequency filed or published in accordance with the regulations, so as to supervise the whole process of administrative inspection. Artificial intelligence and big data should be used for statistical analysis, rapid early warning of multi-head inspection, repeated inspection, high-frequency inspection and other acts, and timely supervision of common and high-incidence problems. We should collect the opinions and suggestions of enterprises on administrative inspection through information system, pay attention to the prominent problems strongly reflected by enterprises and society, and focus on supervising the acceptance and handling of complaints and reports from enterprises by administrative law enforcement subjects. It is necessary to establish and improve the information sharing mechanism between the supervision of administrative law enforcement and the convenience hotline of government services of 12345, and at the same time give full play to the role of the Federation of Industry and Commerce in reflecting the clues of problems in enterprises.
10. Serious accountability. Strengthen the investigation and punishment
of random inspection by administrative law enforcement supervisory organs at all levels to carry out inspection without the qualification of administrative law enforcement subject, fail to carry out inspection in accordance with the published administrative inspection items and standards, fail to carry out inspection in accordance with the prescribed procedures, deploy special inspection without authorization, and carry out inspection beyond the annual frequency limit of administrative inspection. As well as those who violate the "Five Strict Prohibitions" and "Eight Prohibitions" in random inspections, they should be investigated and punished as soon as they are found, and ordered to make corrections in a timely manner; the responsible persons of administrative law enforcement bodies or related responsible persons should be interviewed publicly; those who have strong complaints against enterprises and have a bad social impact should be directly supervised and exposed; those suspected of violating discipline or duty violations should be transferred to disciplinary inspection and supervision organs in accordance with the law. At the same time, we should establish and improve the mechanism of accountability for administrative inspection and exemption from accountability for due diligence, and refine the relevant situations and procedures.
All regions and departments should conscientiously implement the decision-making and deployment of the Party Central Committee and the State Council, strengthen the coordination of departments, intensify publicity and training, vigorously promote the implementation of the work, and take standardized management of administrative inspection of enterprises as government supervision and supervision of administrative law enforcement in accordance with the requirements of overall planning by the central government, provincial responsibility and implementation by cities and counties. We should not only prevent excessive inspection and law enforcement from disturbing enterprises, but also ensure that the necessary inspection is carried out effectively, and timely sum up experience and practices, and report important situations and problems to the Ministry of Justice. The Ministry of Justice, as the supervisory organ of administrative law enforcement under the State Council, should strengthen comprehensive coordination, guidance and supervision, follow up the progress of work, and promptly ask for instructions and reports on major matters.
