Recently, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued opinions on improving the market access system. It mentioned that the rules of market access should be determined scientifically. The implementation of broad entry and strict control, liberalization of access to fully competitive areas, and significantly reduce access restrictions on business entities. For areas related to national security, the lifeblood of the national economy, and involving major productive forces, strategic resource development, and major public interests, taking into account social and economic benefits, access management will be implemented in accordance with the law. It shall regulate the scope of monopoly and competitive businesses carried out by enterprises operating in natural monopoly segments, and prevent the enterprises concerned from taking advantage of their monopoly to extend to upstream and downstream competitive segments, or to exclude or restrict market competition in upstream and downstream competitive segments. Strengthening the regulation of access to the financial industry. Forward-looking deployment of the market access system for new industries and new fields to better promote the development of new productive forces.
Optimizing the market access environment for new industries and new fields. Focusing on new industries and new fields such as deep sea, aerospace, aviation, life and health, new energy, artificial intelligence, autonomous and reliable computing, information security, intelligent rail transportation, modern seed industry, etc., we have formulated a plan for optimizing the market environment in different fields in accordance with the principles and paths of standard leadership, open scene, market promotion, industry aggregation, and system upgrading, so as to promote the innovative allocation of factors of production and improve the efficiency of access. Make good use of advanced technology application promotion centers and various types of scientific and technological achievements transformation and other innovation platforms, smooth industrial system, innovation resources, capital elements, application scenarios, institutional policies, etc., and accelerate the development of new quality productivity according to local conditions. Implement actions to build a market access environment for the application and transformation of innovations in the field of cutting-edge technologies, take the lead in promoting the application and standardization of intelligent unmanned systems for the whole space of the sea, land and air, accelerate the construction of an access policy system in the field of green energy and other areas, and actively expand the access to the market of digital products. Selecting such fields as electronic information, computational science, deep sea, aerospace, new energy, new materials, biomedicine, quantum science and technology, and modern seed industry, it will promote the establishment of collaborative modes of global cutting-edge scientific research in the relevant fields by key enterprises, research institutes and other innovation units and the relevant localities, and actively participate in the formulation of international market-access rules and standards, so as to promote the convenient and efficient application of innovation achievements in key fields.
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Opinions of the General Office of the Central Committee of the Communist Party of China and the State Council on Improving the Market Access System
(August 1, 2024)
The market access system is one of the basic systems of the socialist market economy, and is the key to promoting a better combination of an effective market and a competent government. In order to thoroughly implement the spirit of the Third Plenary Session of the Twentieth CPC Central Committee, improve the market access system, break down market access barriers in depth, and build a market access system that is open and transparent, standardized and orderly, with equal competition, clear rights and responsibilities, and strong supervision, the CPC Central Committee and the State Council have agreed to put forward the following opinions.
(a) Improving the management mode of negative market access lists. All market access management measures set out in laws, administrative regulations, State Council decisions and local regulations, and temporary market access management measures set out in laws and regulations of the governments of provinces, autonomous regions and municipalities directly under the Central Government, shall be included in the nationally harmonized negative list for market access. All types of national-level access list catalogs and industrial policies, investment policies, environmental policies, territorial spatial planning, etc. involving market access, compiled in accordance with the requirements, are all included in the management of the negative list of market access, and all types of business entities can enter the areas outside the list on an equal footing in accordance with the law. It is strictly prohibited to illegally set up access permits outside the list, illegally add access conditions, formulate their own negative list of market access, or illegally set up barriers to access in the process of implementing franchising, designation, testing and certification. Negative list of market access to implement dynamic adjustment, the content of the list of matters, the competent authorities, etc. to the community to fully open.
(b) Scientific determination of market access rules. We will implement lenient entry and strict regulation, liberalize access to fully competitive areas, and substantially reduce access restrictions on business entities. In areas that are related to national security, the lifeblood of the national economy, and those involving the layout of major productive forces, the development of strategic resources, and major public interests, access management shall be carried out in accordance with the law, taking into account both social and economic benefits. It shall regulate the scope of monopoly and competitive businesses carried out by enterprises operating in natural monopoly segments, and prevent the enterprises concerned from taking advantage of their monopoly to extend to upstream and downstream competitive segments, or to exclude or restrict market competition in upstream and downstream competitive segments. Strengthening the regulation of access to the financial industry. Forward-looking deployment of the market access system for new industries and new fields to better promote the development of new productive forces.
(c) Reasonable setting of market entry prohibitions and licensing access matters. The need to implement market access management in the field, it is necessary to develop market entry measures, or to take administrative approval and restrictions on the qualifications of the main business, the proportion of equity, scope of business, business operations, business models and other licensing access management. The market barred matters, the government shall not approve, approval, not for the relevant procedures, resolutely investigate and deal with illegal access behavior. Permit access matters, local governments at all levels to disclose the basis of laws and regulations, technical standards, licensing requirements, processing procedures, time limits, the development of market access service procedures, the main body of the business in accordance with the conditions and ways to comply with the entry. For the implementation of the market ban or permission to enter but in accordance with the record management matters, shall not be in the name of the record disguised as the establishment of a license.
(d) Clarify the procedures for adjusting market access management measures. Market access management measures new or adjusted before the competent authorities in the industry should be in accordance with the principle of "who develops, who is responsible for" to carry out their own necessity, security, effectiveness assessment, assessment passed, in accordance with the statutory procedures for the development or revision of laws and regulations, etc.. Where sudden and significant risks to economic operation may result, temporary market access management measures may be taken after reporting to the Party Central Committee and the State Council for consent.
(e) Strengthening the synergy of domestic and foreign investment access policies. Strengthening the synergy of access policy adjustments for domestic and foreign capital, and adhering to the principle of national treatment on the premise that access opportunities for existing business entities will not be jeopardized. If access restrictions are liberalized for foreign capital, they will be liberalized simultaneously for domestic capital; if access thresholds are set for domestic capital without violating international agreements and commitments, they will be applied simultaneously for foreign capital. Conditional places such as the Hainan Free Trade Port and the Pilot Free Trade Zone are encouraged to explore more secure, convenient and efficient modes of synergizing access for domestic and foreign capital.
Sixth, orderly relaxation of access restrictions in the service industry. Access restrictions on service industries that do not involve national security or social stability and that can rely on full market competition to improve the quality of supply have been gradually lifted. For education, health, sports and other industries involving important livelihood areas, access restrictions have been steadily relaxed, and access standards for the elderly, childcare, and disability assistance industries have been optimized. Clean up unreasonable access restrictions on service industry business entities, break down administrative barriers to inter-regional operations, relax the requirements for service industry business entities to engage in business activities in terms of qualifications, shareholding ratios, registered capital, employees, business premises, business scope, etc., and refrain from illegally setting up barriers to access in the areas of environmental protection, hygiene, security, quality inspection and fire protection. Promoting online public handling of intermediary services related to market access.
(g) Optimizing the market access environment for new industries and new fields. Focusing on the deep sea, aerospace, aviation, life and health, new energy, artificial intelligence, autonomous and reliable computing, information security, intelligent rail transit, modern seed industry and other new industries and new fields, in accordance with the principles and path of standard leadership, open scenarios, market-driven, industrial aggregation, system upgrading, and formulate a plan for the optimization of the market environment implementation in different fields, to promote the innovative allocation of factors of production, and to improve the efficiency of access. Make good use of advanced technology application promotion centers and various types of scientific and technological achievements transformation and other innovation platforms, smooth industrial system, innovation resources, capital elements, application scenarios, institutional policies, etc., and accelerate the development of new quality productivity according to local conditions. Implement actions to build a market access environment for the application and transformation of innovations in the field of cutting-edge technologies, take the lead in promoting the application and standardization of intelligent unmanned systems for the whole space of the sea, land and air, accelerate the construction of an access policy system in the field of green energy and other areas, and actively expand the access to the market of digital products. Selecting such fields as electronic information, computational science, deep sea, aerospace, new energy, new materials, biomedicine, quantum science and technology, and modern seed industry, it will promote the establishment of collaborative modes of global cutting-edge scientific research in the relevant fields by key enterprises, research institutes and other innovation units and the relevant localities, and actively participate in the formulation of international market-access rules and standards, so as to promote the convenient and efficient application of innovation achievements in key fields.
(viii) Increase the efforts of market access liberalization pilot projects. Focusing on strategic emerging industries, key areas of future industries and major productive forces, and taking regulations and policies, technical standards, testing and certification, and data systems as a means to better promote the application of new technologies and new products, we will select key regions to carry out pilot projects on market access liberalization, and formulate and launch special measures on market access liberalization in batches. Grasp the deployed special measures to liberalize market access on the ground to implement, and do a good job of policy assessment. Regions with good implementation results may introduce a new batch of special measures; special measures that are eligible for replication and extension may be widely applied on a wider scale.
(ix) Improving the implementation of the market access system. A comprehensive assessment of the effectiveness of market access will be carried out, the indicator system will be optimized, emphasis will be placed on giving full play to the role of third-party institutions, the openness and transparency of the assessment process will be ensured, the results of the assessment will be objective and reasonable, and localities will be encouraged to strengthen the application of the results in the light of actual practice. Localities are encouraged to strengthen the application of the assessment results in the light of actual circumstances. Localities that violate the market access system will be investigated, one case will be found, one case will be rectified, and the relevant situation will be incorporated into the national credit information sharing platform and the scope of the national urban credit monitoring, and the public will be informed. It has established a regulatory model compatible with market access, enhanced the capacity and level of comprehensive market supervision, and promoted the formation of a pattern of government supervision, enterprise self-awareness, industry self-regulation and social supervision.
X. Strengthening organization and implementation. All relevant departments in all regions should unify their thoughts and actions to the decision-making and deployment of the CPC Central Committee, improve the working mechanism, and strengthen the organization and implementation, tracking and evaluation, and summarize and feedback. Significant matters in a timely manner to the CPC Central Committee and the State Council for instructions and reports.
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