Measures of Kunming Municipality for Optimizing Business Environment

Measures of Kunming Municipality for Optimizing Business Environment

(Promulgated by Order No. 166 of Kunming Municipal People's Government on November 25, 2022 and effective as of January 1, 2023)

Chapter I General Provisions

Article 1 in order to further deepen the reform of "management and service", optimize the business environment, stimulate market vitality and social creativity, promote the modernization of municipal governance, and serve the construction of regional international central cities, these measures are formulated in accordance with the regulations on optimizing the business environment and in combination with the actual situation of Kunming.

Article 2 These Measures shall apply to the relevant work of optimizing the business environment within the administrative area of Kunming.

Article 3 Optimizing the business environment Adhere to the principles of marketization, rule of law, internationalization, and facilitation, and focus on the construction of "China Spring City, a famous historical and cultural city, an international health city, and a regional international center city", to create "do not ask for help", "Approval does not meet", "run at most once", "full service guaranteed" international first-class business environment, efforts will be made to create a stable, fair, transparent and predictable environment for all kinds of market players to invest and start businesses.

Article 4 Continue to deepen the reform of streamlining administration and delegating power, combining decentralization and management, and optimizing services, minimize the government's direct allocation of market resources and direct intervention in market activities, strengthen and standardize supervision during and after the event, and strive to improve the ability and level of government services, Effectively reduce institutional transaction costs, stimulate market vitality and social creativity, and enhance development momentum.

The people's governments at the city and county levels, the management committees of the development (holiday) zones, the Kunming District Management Committee of the Pilot Free Trade Zone, and relevant departments should adhere to the openness and transparency of government affairs, with openness as the norm and non-openness as the exception, and comprehensively promote decision-making, Implementation, management, service, and disclosure of results.

Article 5 The people's governments at the city and county levels, the management committees of each development (holiday) zone, and the Kunming District Management Committee of the Pilot Free Trade Zone shall strengthen the organization and leadership of the optimization of the business environment, and establish and improve the leadership mechanism for optimizing the business environment., Improve and refine policies and measures to optimize the business environment, and coordinate and solve major problems in the optimization of the business environment in a timely manner.

The people's governments at the city and county levels, the management committees of the development (holiday) zones, the Kunming District Management Committee of the Pilot Free Trade Zone and their relevant departments are the first responsible persons for optimizing the business environment in the region and the department. The business environment is responsible for leadership.

The government service departments of the people's governments at the city and county levels, the management committees of the development (holiday) zones, and the Kunming District Management Committee of the Pilot Free Trade Zone are the competent departments for optimizing the business environment in the region, and are responsible for the specific organization and implementation of the region Optimize the business environment; other relevant departments shall work together to optimize the business environment in accordance with the division of responsibilities.

Township (town) people's governments and sub district offices shall, in accordance with the provisions of the state, province and city, do a good job in optimizing the business environment within the scope of their duties.

Chapter II Market Environment

Article 6 to benchmark the international and domestic advanced level, pay attention to the coordination and linkage with the central Yunnan urban agglomeration, give full play to the leading role of provincial capital cities, strive to establish a modern market system with coordination, openness, orderly competition and integrated linkage, promote the free flow of all kinds of production factors in accordance with the law, and ensure the fair participation of all kinds of market subjects in market competition.

Article 7 Market entities shall enjoy operational autonomy in accordance with the law. To protect the autonomy of market entities in accordance with the law, no unit or individual may interfere with various matters such as prices, internal governance, and business models that should be independently decided by market entities in accordance with the law.

Article 8 The rights of various market entities to equally use various production factors and public service resources such as capital, technology, human resources, land use rights and other natural resources shall be guaranteed in accordance with the law.

All kinds of market subjects shall equally apply the national, provincial and municipal policies to support development in accordance with the law. The people's governments at the city and county levels, the management committees of the development (holiday) zones, the management committees of the Kunming area of the pilot free trade zone, and relevant departments shall treat all kinds of market entities equally in accordance with the law in terms of government funding arrangements, land supply, tax reduction and exemption, qualification licensing, standard formulation, project declaration, professional title evaluation, human resources policies, and so on, and shall not formulate or implement discriminatory policies and measures.

Article 9 Strictly implement the national unified market access negative list system. In areas other than the market access negative list, all types of market entities can enter equally in accordance with the law, and promote the universal implementation of "non-prohibition or entry.

Article 10 We will continue to deepen the reform of the commercial system, unify the business norms for enterprise registration, unify the data standards and platform service interfaces, adopt a unified social credit code for registration management, and comprehensively use new supervision methods such as "double random, one open", credit supervision and "Internet supervision and inspection" to implement accurate and effective supervision during and after the event.

Article 11 The market supervision department shall, in conjunction with relevant departments, establish and improve the coordination mechanism for fair competition review, intensify anti-monopoly and anti-unfair competition, and resolutely prevent and stop monopolistic behaviors, unfair competition behaviors and abuse of administrative activities in market economy. The power excludes and restricts competition.

Article 12 Tendering and bidding and government procurement shall be open, transparent, fair and just, and market entities of all types of ownership and different regions shall be treated equally in accordance with the law, and shall not be restricted or excluded by unreasonable conditions or the origin of products.

Establish and improve the public resource transaction management system, build and improve the public resource transaction platform, optimize the transaction service process, disclose public resource transaction rules, processes, results, supervision and credit information in accordance with the law, promote the electronicization of the whole process of public resource transaction, and realize one-form application, one-card universal, one-net-one office.

Public resource transaction management, finance and other relevant departments shall strengthen the supervision of bidding and government procurement in accordance with the law, and correct and investigate violations of laws and regulations in accordance with the law.

Article 13 The human resources and social security department shall strengthen the standardization of human resources services, strengthen the cultivation of human resources market entities, improve the integrity of human resources services, improve the development level of human resources service industry, and establish a unified, open, and orderly competitive human resources market The system breaks the division of urban and rural areas, regions, industries, and discrimination against identity and gender, and promotes the orderly social flow and rational allocation of human resources.

Continue to introduce high-level and urgently needed talents, encourage private enterprises to increase talent and technical cooperation with domestic universities and scientific research teams, provide policy support for domestic and foreign high-tech scientific research teams to start businesses in Kunming, and provide various high-level talents in accordance with policy regulations. Service and guarantee.

Article 14 Support the construction of innovation and entrepreneurship clusters, and support the development of various innovation and entrepreneurship carriers such as technology business incubators and crowd-creation spaces. For qualified carriers of innovation and entrepreneurship, the departments of science and technology, finance and taxation shall give tax incentives and financial support in accordance with relevant provisions.

Encourage and support universities and scientific research institutes to carry out technology transfer services by building professional teams and entrusting third-party service institutions to promote the transfer and transformation of scientific and technological achievements. R & D institutions and institutions of higher learning shall take the achievements of personnel engaged in the transformation of scientific and technological achievements as an important basis for the evaluation of their professional titles and the assessment of their post performance.

Article 15: Strictly implement the national tax and fee reduction policies and provincial and municipal measures to reduce the burden on market entities. Taxation, finance and other departments shall do a good job in policy publicity and policy interpretation, study and solve specific problems in policy implementation, and reduce enterprise production Operating costs, to ensure that tax and fee reduction policies benefit various market entities in a comprehensive and timely manner.

Article 16 The finance, development and reform and relevant departments shall clarify the charging items, charging standards, charging methods, etc. for government funds, administrative fees, enterprise-related deposits, and government-priced business service charges established in accordance with the law. The catalog list is managed and disclosed to the public, and all fees and deposits outside the catalog list are not allowed to be implemented. Promote the use of financial institution guarantees instead of cash to pay corporate deposits.

Article 17 Encourage and support financial institutions to increase their support for private enterprises and small and micro enterprises, and reduce the comprehensive financing costs of private enterprises and small and micro enterprises. Financial offices at all levels should implement the territorial management responsibilities and funder responsibilities of government financial guarantee and re-guarantee institutions, improve the risk compensation measures of financial guarantee institutions, and reduce guarantee rates.

Encourage market players to broaden financing channels, expand effective investment, and support private enterprises and small and medium-sized enterprises to carry out financing activities in accordance with the law. Strengthen coordination and contact with financial supervision and management departments, and severely crack down on illegal fund-raising, illegal credit, and debt evasion and other market disruptions.

Article 18 The departments of natural resources planning, agriculture and rural areas, ecological environment, finance, and investment promotion shall establish and improve information interconnection mechanisms such as land planning, arable land occupation and compensation balance, ecological environmental protection, financial support, and investment promotion to promote the revitalization of existing land Use and reduce the cost of land for enterprises. The natural resources planning department should improve the land index and price adjustment system, implement classified policies to break the land use restriction, and improve the efficiency of land use.

Encourage qualified counties (cities) and districts to promote the reform of "standard land" transfer, scientifically build a "standard land" transfer index system, optimize the land supply process of industrial projects, reduce the time of land supply, and reduce the operating cost of investment projects.

Article 19 Cultivate and develop various industry associations and chambers of commerce in accordance with the law, and strictly regulate and supervise the charging, appraisal, and certification of industry associations and chambers of commerce.

Except as otherwise provided by laws and regulations, market entities have the right to independently decide to join or withdraw from various trade associations, chambers of commerce and other social organizations, and no unit or individual may interfere.

Except as otherwise provided by laws and regulations, no unit or individual may force or disguise market entities to participate in appraisal, compliance, commendation, training, assessment, examination and similar activities, and may not charge market entities or charge in disguise through the aforementioned activities.

Industry associations and chambers of commerce shall, in accordance with laws, regulations and articles of association, strengthen industry self-discipline, reflect industry demands in a timely manner, and provide market entities with services in terms of information consultation, publicity and training, market expansion, rights protection, and dispute resolution.

Article 20 The development and reform department shall, in conjunction with market supervision and other departments, strengthen the construction of the social credit system, continue to promote the construction of government integrity, business integrity, scientific research integrity, social integrity and judicial credibility, improve the integrity awareness and credit level of the whole society, and maintain credit information security, Strictly protect business secrets and personal privacy.

Article 21 The people's governments at the city and county levels, the management committees of each development (holiday) zone, the Kunming District Management Committee of the Pilot Free Trade Zone, and relevant departments shall fulfill the policy commitments made to market entities in accordance with the law and various types of contracts signed in accordance with the law. It is not allowed to breach the contract on the grounds of administrative division adjustment, government change, institutional or functional adjustment, or replacement of relevant responsible persons. If the policy commitment or contract agreement needs to be changed due to national interests and social public interests, it shall be carried out in accordance with the legal authority and procedures, and the losses suffered by market entities shall be compensated in accordance with the law.

Article 22 The people's governments at the municipal and county levels, the administrative committees of the development (holiday) zones, the administrative committees of the Kunming area of the pilot free trade zone and relevant departments shall not default on the goods, works, services and other accounts of the market subject, and shall not extend the payment period in disguise in addition to the agreed payment method. Large enterprises shall not take advantage of their dominant position to default on the accounts of small and medium-sized enterprises.

We will step up efforts to clean up the debts owed by governments at all levels and their relevant departments and institutions to market subjects, and establish a long-term mechanism to prevent and manage the debts owed by governments at all levels and their relevant departments and institutions to market subjects by strengthening budget management, audit supervision, strict accountability and other measures.

Article 23 The market supervision department shall, in conjunction with relevant departments, optimize the cancellation process of market entities, streamline application materials, reduce processing time, reduce cancellation costs, realize the "one network" service for enterprise cancellation, and provide convenient services for enterprises to exit the market. Market entities that have not carried out production and business activities or have no creditor's rights and debts after their establishment may be canceled in accordance with the summary procedure. For market entities with claims and debts, they shall be written off in a timely manner after the claims and debts are settled in accordance with the law.

Article 24 Promote high-quality development and reform and innovation in the Kunming area of the Pilot Free Trade Zone, focus on trade and investment liberalization and facilitation, grant it greater independent development, independent reform and independent innovation authority in accordance with the law, and strive to create "the simplest link and efficiency Highest, best service, lowest cost" open innovation highland, institutional innovation highland, industrial innovation highland, and business environment highland.

Article 25 The implementation of "regional affairs and regional offices" in the Kunming area of the Pilot Free Trade Zone ", by supporting the reform of the examination and approval system, reducing the start-up time of enterprises, simplifying the exit procedures of enterprises, delegating management authority according to law, deepening the reduction and acceleration of cross-border trade fees, promoting the orderly flow of foreign personnel across borders, promoting the efficiency and convenience of cross-border logistics, innovating cross-border financial products and services, encouraging reform and innovation, establishing a fault-tolerant exemption mechanism, establishing a linkage development mechanism with the airport economic zone, increasing government bond support, optimizing the spatial layout and strengthening land measures to ensure and promote the accelerated development of financial leasing, accelerate the development of cross-border RMB business, support the" Science and Technology Special Zone ", build a collaborative innovation chain, and build an international integrated service platform for scientific and technological innovation, give full play to the leading, driving and exemplary role of the Kunming area of the Pilot Free Trade Zone in creating a market-oriented, legalized, and international business environment, and create a world-class business environment.

Chapter III Government Environment

Article 26 The government service department shall, in conjunction with relevant departments, promote the integration of online and offline government services, integrate public service resources, effectively change work styles, improve work efficiency, and provide market entities with standardized, convenient and efficient government services.

We should deepen the construction of government service platform and center, promote the whole process of online service, promote the application of "one mobile phone service", and provide high-quality government services for market entities and the people with "one window", "one network", "one handheld", "one time", "nearby bid" and "the whole city can do.

Article 27 The government service department shall, in conjunction with relevant departments, promote the standardization of government services, and compile government service matters (including administrative power matters and public service matters) in accordance with the requirements of reducing matters, reducing links, reducing materials, reducing time limits, and reducing expenses. The basic catalog, standardized work flow and handling guidelines for government service matters, and make them public, realize the same matter name, code, setting basis, type, scope of authority, processing time limit, acceptance conditions, processing procedures, application materials, application forms, charging standards, processing results and other 12 elements in the province, city, county, township, village Five-level unification, promote the implementation of non-discriminatory acceptance and the same standard for the same matter. Without the basis of laws, regulations and rules, it is not allowed to add conditions and links for handling government service matters.

Article 28 The government service center implements comprehensive window services, implements comprehensive acceptance, classified handling, unified delivery, and provides one-stop services. Standardized management will be implemented, and systems such as first-inquiry responsibility, one-time notification, one-window acceptance, on-the-spot settlement, one-time settlement, parallel handling and time-limited settlement will be implemented to realize centralized handling, nearby handling, online handling and off-site handling. Except for matters otherwise stipulated by laws and regulations, all government service matters shall be handled by the government service center.

Except for the circumstances clearly stipulated in laws and regulations, the window staff shall not refuse to accept the application items submitted by the applicant. If the market subject needs to correct the relevant materials and procedures, it shall inform the contents that need to be supplemented at one time; if it is necessary to carry out on-site survey, on-site verification, technical review and hearing demonstration, it shall be arranged in time and completed within a limited time.

If laws, regulations, rules and relevant provisions of the state have provisions on the time limit for handling government service matters, they shall be completed as soon as possible within the prescribed time limit; if there are no provisions, the time limit for handling shall be determined in accordance with the principle of reasonableness and efficiency and completed on time. The relevant departments may further reduce the time within the time limit for handling government service matters and disclose it to the public; if the processing time is exceeded, the handling unit shall publicly explain the reasons.

Article 29: Relying on the national and provincial online government service platforms to carry out government service work, unless otherwise stipulated by laws and regulations or involving state secrets, all government service matters shall be included in the online government service platform to achieve "one network", Gradually implement the "inter-provincial general office", and promote the full integration of the government service hall and the government service platform. Market subjects have the right to independently choose the channels for handling government services, and various departments shall not limit the channels.

Article 30 The government service, industry and information departments shall, in conjunction with relevant departments, promote the sharing of government service data, rely on the government cloud to provide data sharing services, and promote cross-regional, cross-departmental, and cross-level data aggregation and sharing. Strengthen the management of the whole process of shared data use, strengthen the protection of privacy information, and ensure the security of shared data. Accelerate the promotion and application of electronic licenses, and strengthen the mutual recognition and promotion and application of electronic licenses, electronic seals, electronic signatures and electronic files in government services.

Article 31 The people's governments at the city and county levels, the management committees of each development (holiday) zone, and the Kunming District Management Committee of the Pilot Free Trade Zone shall intensify efforts to implement the reform of relatively centralized administrative licensing rights, and innovate the administrative examination and approval system and administrative examination and approval Methods, further improve the efficiency of administrative examination and approval, and realize "one seal for examination and approval".

Article 32 Strictly control the establishment of new administrative licenses, and strictly prohibit the establishment or implementation of administrative licenses in disguised form by filing, registration, registration, catalog, planning, annual inspection, annual report, supervision, identification, certification, verification and any other form.

Article 33 The administrative license list management system shall be implemented, which shall be included in the management of the catalogue of government service items, adjusted in due course and announced to the public, and no administrative license shall be illegally implemented outside the list. The administrative license that has been canceled shall no longer be implemented, and the relevant departments shall not implement it in disguised form or transfer it to trade associations, chambers of commerce or other organizations.

For matters subject to administrative licensing management, relevant departments should optimize examination and approval services, improve examination and approval efficiency, and reduce the burden on market entities by integrating implementation and delegating examination and approval levels.

Article 34 For administrative examination and approval items that can be corrected through supervision during and after the event and whose risks are controllable, if they meet the relevant conditions and requirements, they may be handled in the form of notification and commitment in accordance with relevant regulations, but they directly involve public safety, ecological environment protection and With the exception of administrative examination and approval matters that are directly related to the lives, health and property safety of the people, and administrative examination and approval decisions should be made on the spot in accordance with the law.

Where an administrative examination and approval notification commitment is implemented, the relevant department shall inform the applicant of the examination and approval conditions and the materials to be submitted at one time. If the applicant undertakes in writing to meet the conditions for examination and approval, it shall directly make a decision on administrative examination and approval, and supervise and inspect the performance of the applicant's commitment in accordance with the law. If the applicant fails to fulfill the promise, the examination and approval department shall order it to make rectification within a time limit; if the conditions are not met after rectification, the decision shall be revoked and included in the credit information platform in accordance with relevant regulations.

Article 35 Intermediary service items that are conditions for administrative examination and approval shall be based on laws, regulations or decisions of the State Council; if there is no basis, they shall not be used as conditions for administrative examination and approval. The administrative department of government affairs service shall organize relevant departments to prepare and publish a list of intermediary services for administrative examination and approval in accordance with the provisions, and those not included in the list shall not be used as acceptance conditions for administrative examination and approval and other government services. Intermediary service agencies shall clarify the conditions, procedures, time limits, and charging standards for handling statutory administrative approval intermediary services, and disclose them to the public.

All relevant departments shall not designate or disguise intermediary service agencies for market entities; except for statutory administrative approval intermediary services, they shall not force or disguise market entities to accept intermediary services. Except as otherwise provided by laws and administrative regulations, institutions affiliated to administrative agencies, social organizations in charge, and enterprises established by administrative agencies shall not provide intermediary services related to administrative approval by their agencies.

If the relevant departments need to entrust intermediary service agencies to carry out technical services in the process of administrative examination and approval, they shall select intermediary service agencies through competitive means and bear the service costs on their own, and shall not be passed on to market entities.

Article 36 Continue to promote the "reduction of certificates for the convenience of the people", and shall not set up certification items that can be handled through statutory certificates, statutory documents, written notification commitments, internal and inter-departmental verification of government departments, network verification, contract certificates, etc., can be covered or replaced by other materials, and the issuing unit cannot investigate and verify. The certification matters shall be based on laws, regulations or decisions of the State Council.

The judicial administrative department shall organize the relevant departments to prepare and publish a list of certification items in accordance with the provisions, itemizing the basis for setting, the unit to ask for, the unit to issue, the guidelines for handling, etc. Outside the list, government departments, public enterprises and institutions and service agencies shall not ask for certificates. Mutual recognition and sharing of certificates should be strengthened among departments to avoid repeated requests for certificates.

Article 37 Promote the full coverage of the reform of "separation of licenses and licenses", incorporate all business license matters related to enterprises into the list management, promote the reform by classification through direct cancellation of examination and approval, change of examination and approval to filing, implementation of notification commitment, optimization of examination and approval services, etc., and strive to promote the reduction and consolidation of certificates after license, explore and promote innovative measures such as "one license with certificate", "one industry, one certificate", "one enterprise, one certificate", and "joint license office.

Article 38 The market supervision department shall, in conjunction with relevant departments, continuously improve the convenience of starting an enterprise and realize "one link", "one working day" and "zero cost"; Promote enterprises to set up online "one form to fill in", one real name verification, and "one window" offline to receive all materials; Promote the use of electronic business licenses and electronic seals in a wider range of fields. We will try out the administrative confirmation system for commercial registration and the "dormant" system for enterprises, and implement reforms such as "one license with multiple locations", "one address with multiple licenses" and "cluster registration" to enhance the level of convenience in registration.

In accordance with the law, the enterprise shall apply for registration of residence and other related changes in a timely manner. Unless otherwise provided by laws, regulations, and rules, the valid licenses held by the enterprise after the relocation will not be repeated.

Article 39 the development and reform departments shall, in conjunction with relevant departments, deepen the reform of the investment examination and approval system, standardize the investment examination and approval procedures according to the nature of the project and the scale of investment, strengthen the coordination between project decision-making and the implementation of construction conditions such as land use and planning, streamline the examination and approval requirements, simplify technical examination matters, promote online examination and approval of investment projects, and reduce the processing time limit. We will open up the field of public services in accordance with the law, adhere to the open and competitive selection of social capital, respect the investment autonomy of enterprises, promote the parallel examination and approval of investment decisions for major projects, and implement the reform of the commitment system for general investment projects.

Except for projects involving state secrets, project approval and filing agencies and relevant departments shall disclose project-related development plans, industrial policies, land (water) use, ecological environment protection, energy resource utilization, and safety through the investment project online approval and supervision platform. Production and access standards, and disclose the acceptance methods, processing conditions, processing procedures, processing time limits, and application materials of project approval, approval and filing matters, and the results of examination and approval, approval, and filing, so as to enhance the transparency of the work.

Article 40 The housing and urban-rural construction department shall, in conjunction with development and reform, natural resource planning and other relevant departments, deepen the reform of the construction project approval system, and use the province's unified construction project approval and management system to gradually realize the entire construction project network. Promote "multi-table integration", "multi-regulation integration", "multi-trial integration", "test integration".

In the Kunming area of the pilot free trade zone, as well as various development zones, industrial parks and other qualified areas, organize and carry out regional assessment of important mineral resources, environmental impact assessment, geological disaster risk assessment, safety assessment and other matters in the region. Those who implement regional assessment will no longer put forward separate assessment requirements for market entities in the region, and the cost of regional assessment shall not be borne by market entities.

Article 41: Encourage and promote cross-border trade by market entities, and provide facilitation services for cross-border trade activities by market entities in accordance with the law.

Administrative departments such as commerce should take the initiative to dock with the customs, reduce the examination and approval items of import and export links according to law within the scope of their powers, cancel unnecessary regulatory requirements, optimize and simplify the customs clearance process, improve the efficiency of customs clearance, and reduce the cost of customs clearance. we will promote cross-border trade-related business to be handled through the "single window" of international trade.

Article 42 The tax department shall streamline the tax information and procedures, simplify the number of tax declarations, disclose the time limit for tax-related matters, reduce the tax processing time, increase the promotion of the use of electronic invoices, and gradually realize the entire online tax processing, Continuously optimize tax services.

Article 43 To deepen the reform of the unified real estate registration system, the natural resources planning department shall strengthen the cooperation and information sharing integration with relevant departments such as housing and urban-rural construction, agriculture and rural areas, taxation, finance, public security, and civil affairs, and implement real estate registration, transaction and payment. One-window acceptance and parallel processing of taxes will reduce processing time and reduce processing costs. Promote electronic real estate registration certificates, and provide multi-channel real estate registration inquiry services such as online, offline and self-service equipment inquiry in accordance with the law. Promote the simultaneous processing of water, electricity, gas, and online transfers and real estate registration, and promote the "non-meeting service" for real estate mortgage registration at commercial bank outlets ".

Article 44 Public enterprises and institutions such as water supply, power supply, gas supply, and communications shall disclose to the public information such as service standards, service procedures, processing time limits, tariff standards, etc., simplify installation procedures, optimize processing procedures, and reduce installation costs, To provide market entities with safe, convenient, stable and reasonably priced services. Market entities shall not be forced to accept unreasonable service conditions and shall not charge unreasonable fees in any name.

All relevant departments shall strengthen the supervision and management of the operation of public enterprises and institutions.

Chapter IV The Rule of Law Environment

Article 45 The people's governments at the city and county levels, the management committees of each development (holiday) zone, the Kunming District Management Committee of the Pilot Free Trade Zone, and relevant departments shall, in accordance with the needs of optimizing the business environment, propose in accordance with the statutory authority and procedures Opinions on formulating, amending, and abolishing relevant local regulations and government rules, as well as formulating or amending or abolishing relevant administrative normative documents.

Article 46: The people's governments at the city and county levels, the management committees of each development (holiday) zone, the Kunming District Management Committee of the Pilot Free Trade Zone, and relevant departments draft local regulations and government regulations that are closely related to the production and operation activities of market entities., Administrative normative documents, except for those that need to be kept confidential in accordance with the law, shall solicit opinions from the public through newspapers, the Internet, etc., and fully listen to the opinions of market entities, industry associations, the time limit for public consultation is generally not less than 30 days.

Article 47 In accordance with the statutory authority and procedures, the drafting or formulation of local regulations, government rules, administrative normative documents, policies and measures closely related to the production and business activities of market entities shall be reviewed for fair competition in accordance with the provisions.

Article 48 The people's governments at the city and county levels, the management committees of each development (holiday) zone, the Kunming District Management Committee of the Pilot Free Trade Zone and relevant departments shall, in accordance with laws, regulations and functional responsibilities, strictly implement regulatory responsibilities and clarify powers, Supervise market entities in accordance with the law, protect the legitimate rights and interests of market entities, regulate market operations, and create a legal business environment.

Article 49 in accordance with the principle of "who is in charge and who supervises", we should adhere to the combination of release and management, pay equal attention to release and management, and strengthen supervision during and after the event. All relevant departments shall establish and improve regulatory rules with clear powers and responsibilities, fairness and justice, openness and transparency, simplicity and efficiency, and compile a list of regulatory matters within the scope of their duties in accordance with the law, clarify the regulatory subjects, regulatory objects, regulatory measures, setting basis, handling methods and other contents, and make them public to the public. The list of regulatory matters should be adjusted in a timely and dynamic manner in accordance with the laws and regulations, the adjustment of administrative examination and approval authority, the reform of "separation of licenses and licenses", and the reform of institutions, so as to clarify the regulatory boundaries, strengthen the convergence of decentralization, and achieve full coverage of regulatory matters.

Article 50 Strictly implement the "double random, one open" supervision. The market supervision department shall organize relevant departments to prepare a list of joint random spot checks by departments, promote the combination of "double random, one open" supervision and credit rating, and establish relevant supporting systems and working mechanisms. Multiple inspection items of the same inspection object shall be merged or included in the scope of cross-departmental joint spot checks.

Article 51 For special industries and key areas directly related to public safety and the lives and health of the people, key supervision with full coverage shall be implemented in accordance with laws and regulations. The relevant departments at the municipal level shall establish a key supervision list system based on the risk characteristics of regions and industries, and formulate Key areas of supervision items list, and strictly regulate key supervision procedures. Problems found through complaints and reports, transfers, data monitoring, etc., should be targeted for inspection and handled in accordance with laws and regulations.

Article 52 The people's governments at the city and county levels, the management committees of each development (holiday) zone, the Kunming District Management Committee of the Pilot Free Trade Zone, and relevant departments shall, in accordance with the principle of encouraging innovation, new technologies, new industries, new formats, New models, etc. implement inclusive and prudent supervision, formulate and implement corresponding supervision rules and standards based on their nature and characteristics, leave enough room for development, while ensuring quality and safety, it must not be simply prohibited or not regulated.

Article 53 Relying on the "Internet supervision" system built by the state and the province, and making full use of the Internet, big data, blockchain and other technical means to build an integrated service platform for Kunming smart market supervision. We will further promote "Internet supervision", continuously improve the recognition rate of regulatory matters, the correlation rate and the quality of the preparation of inspection and implementation lists, promote the integration of approval services, supervision and law enforcement, government supervision and other functions, and build a closed-loop system of intelligent supervision that integrates approval, supervision, law enforcement, credit and supervision. Strengthen the collection and sharing of regulatory information and the integration of associations, implement off-site supervision characterized by remote supervision, mobile supervision, early warning and prevention, and enhance the standardization, precision and intelligence of supervision.

Article 54 The people's governments at the city and county levels, the administrative committees of the development (vacation) zones and the administrative committees of the Kunming area of the pilot free trade zone shall establish a cross-departmental and cross-regional administrative law enforcement linkage response and coordination mechanism to realize the interconnection of illegal clues, the exchange of regulatory standards and the mutual recognition of handling results, and prohibit multiple law enforcement, ultra vires law enforcement and excessive law enforcement. The daily supervision and inspection of the same department should be combined; the daily supervision and inspection of different departments can be combined to implement joint inspection.

Coordinate the allocation of administrative law enforcement functions and law enforcement resources, implement comprehensive administrative law enforcement in relevant fields, integrate and streamline law enforcement teams, reduce law enforcement subjects and law enforcement levels, and improve grassroots law enforcement capabilities.

Article 55 The development and reform and market supervision departments shall, in conjunction with relevant departments, accelerate the construction of a new credit-based supervision mechanism, innovate and improve credit supervision, and continue to improve the effectiveness of credit supervision. According to the risk degree of production and operation activities of market entities and the credit rating of enterprises, comprehensive consideration of production safety, quality and safety, ecological and environmental protection, law-abiding performance, social responsibility, etc., to explore the implementation of differentiated classification supervision of market entities except for special key areas. We will improve the mechanism of joint incentives for trustworthiness and joint disciplinary measures for breach of trust, implement regulatory measures corresponding to credit levels, and take differentiated measures in terms of regulatory methods, proportion and frequency of spot checks based on the creditworthiness of market entities. At the same time, we will strictly regulate the identification of the joint disciplinary list and carry out joint disciplinary action for breach of trust in accordance with the law.

Establish and improve the credit information repair and objection complaint system of market subjects, and clarify the scope, conditions, standards, procedures, supervision responsibilities and objection channels of credit repair. Market entities that correct breach of trust and eliminate adverse effects within the prescribed time limit may carry out credit repair by making credit commitments, completing credit rectification, and submitting credit reports. If the credit repair has been completed, the relevant government departments shall terminate the implementation of disciplinary measures. If the credit information raised by the market subject is verified to be incorrect, it shall be corrected or revoked in a timely manner.

Article 56 Strengthen the protection of intellectual property rights, implement the punitive compensation system for intellectual property infringement, and promote the establishment of a rapid and coordinated protection mechanism for intellectual property rights. Intellectual property rights, market supervision, judicial administration and other departments shall improve the intellectual property rights protection assistance mechanism and provide early warning and legal services for intellectual property protection.

Encourage industry associations and mediation, arbitration, intellectual property intermediary services and other institutions to play a role in coordinating the settlement of intellectual property disputes, and improve the diversified settlement mechanism of intellectual property disputes.

Article 57 Strengthen the protection of the rights and interests of small and medium investors, improve the protection mechanism for the rights and interests of small and medium investors, protect the rights of small and medium investors to know and participate, and give full play to the rights of small and medium investors service agencies in the exercise of shareholding, dispute mediation, and support The functional role of litigation and other aspects enhances the convenience of small and medium investors in safeguarding their legitimate rights and interests.

Article 58 A coordination mechanism for enterprise bankruptcy work shall be established to coordinate and resolve the livelihood security, social stability, property takeover, tax declaration, asset disposal, financial coordination, credit repair, change and cancellation, intermediary management, cost protection and other issues of its bankruptcy disposal work.

Article 59 Improve and improve the diversified dispute resolution mechanisms that are organically connected and coordinated with each other, such as mediation, arbitration, administrative adjudication, administrative reconsideration, and litigation, to provide market entities with efficient and convenient dispute resolution channels.

Article 60: Judicial administrative departments shall organize relevant departments to strengthen publicity and education on the rule of law, implement the law popularization responsibility system of state agencies, improve the ability of administrative agencies and their staff at all levels to perform their duties in accordance with the law, and guide market entities to operate legally and safeguard their own legitimate rights and interests in accordance with the law. Continuously enhance society's awareness of the rule of law and provide basic support for creating a legalized business environment.

Article 61: The judicial administrative department shall, in conjunction with relevant departments, establish and improve the public legal service management system and working mechanism, integrate public legal service resources such as lawyers, notarization, judicial appraisal, and mediation, accelerate the construction of the public legal service system, and comprehensively improve public law Service capacity and level.

Chapter V Supervision and Effect

Article 62 all localities and departments are encouraged to make full use of national policy resources within the framework of the rule of law, actively explore original and differentiated ways to optimize the business environment, and copy and promote effective specific measures. For errors or deviations in the exploration, relevant units and individuals shall make decisions and implement them in accordance with the relevant national, provincial, and municipal regulations. The decision-making procedures comply with laws and regulations and are diligent and responsible, do not seek personal gain, or do not violate the requirements of integrity and self-discipline, and may be exempted or exempted in accordance with the law. Reduce responsibility.

Article 63: Improve and improve the business environment coordination and supervision mechanism and the normalized assessment mechanism, carry out effect monitoring and special supervision on the formulation, issuance, implementation, publicity, and problem handling of business environment policy documents, and integrate the business environment Work is included in the annual comprehensive target assessment.

Article 64 Strictly implement the relevant regulations on building a new type of pro-Qing political and business relationship, and establish and improve a smooth and effective government-enterprise communication mechanism. All relevant departments should promptly listen to the reflections and demands of market entities through various forms such as research, seminars, questionnaires, and new media, and help market entities solve the difficulties and problems encountered in production and operation in accordance with laws and regulations. Government-enterprise communication shall respect the wishes of market subjects, shall not interfere with the normal production and operation activities of market subjects, and shall not increase the burden of market subjects.

Article 65: Receive government service inquiries, suggestions, complaints, and reports related to the business environment through the "12345" government service convenience hotline, and promptly handle the opinions and suggestions, rights protection demands put forward by market entities, and inform the results of the handling.

Article 66 Establish and strictly implement the "good and bad evaluation" system of government services. Government service departments, government service platforms and staff should consciously accept evaluation when carrying out government service work, and the evaluation results should be included in the performance appraisal.

Article 67: Improve and improve the business environment supervisor system, hire representatives of the National People's Congress, members of the CPPCC, representatives of chambers of commerce, private entrepreneurs, etc. as business environment supervisors, publicize business environment policies, discover business environment problems, and put forward opinions in a timely manner And suggestions.

The government and its relevant departments shall accept the supervision of business environment supervisors and rectify and verify the problems in a timely manner.

Article 68 if governments at all levels, relevant departments and their staff fail to perform their duties in accordance with the law and violate the relevant provisions of the state, province or city on optimizing the business environment, they shall be investigated for responsibility in accordance with the rules and regulations.

Article 69 The news media shall promptly and accurately publicize the measures and effects of optimizing the business environment, and create a good public opinion atmosphere for optimizing the business environment.

Encourage public opinion supervision of the business environment, but prohibit fabricating false information or distorting facts to make false reports.

Chapter VI Supplementary Provisions

Article 70 These Measures shall come into force as of January 1, 2023.