Opinions of the State Council on Expanding the Pilot Reform of Separating Operating Permits and Business Licenses to a Larger Extent

Opinions of the State Council on Expanding the Pilot Reform of Separating Operating Permits and Business Licenses to a Larger Extent

Opinions of the State Council on Expanding the Pilot Reform of Separating Operating Permits and Business Licenses to a Larger Extent

Guo Fa [2017] No.45

September 22, 2017

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council,

The pilot reform of separating operating permits and business licenses is an important measure to carry out the major decisions and arrangements of the Central Committee of the Communist Party of China and the State Council, release the innovation and entrepreneurship vitality of enterprises and promote the legalization, internationalization and facilitation of business environment. Since the initial launch of the pilot reform of separating operating permits and business licenses in Pudong New Area, Shanghai Municipality, the measures including the clearing and cancellation of a batch of 116 administrative approval items, change into record-filing for a batch, the implementation of the notification and commitment system for a batch as well as the improvement of transparency and predictability have effectively decreased the institutional transaction costs of enterprises, and have made significant effects. In order to further solve "the difficulty in obtaining a permit despite the easiness in applying for a business license", "the prohibition against doing relevant business although having access to the relevant market" and other prominent problems, and accelerate the establishment of a stable, fair and transparent, and predictable business environment, the Opinions of the State Council on Expanding the Pilot Reform of Separating operating permits and business licenses to a Larger Extent (these "Opinions") are hereby given.

I. Scope and Contents of the Pilot Reform
On the basis of deeply concluding the experience of the pilot reform of separating operating permits and business licenses in Pudong New Area, Shanghai Municipality, the mature practices of the pilot reform in Shanghai Municipality shall be duplicated and promoted in ten pilot free trade zones of Tianjin Municipality, Liaoning Province, Zhejiang Province, Fujian Province, Henan Province, Hubei Province, Guangdong Province, Chongqing Municipality, Sichuan Province and Shaanxi Province. The pilot period is from the date of issue of these Opinions to December 21, 2018.
The provisions on the 116 administrative approval items (except those already cancelled by the State Council or relevant departments) in the Official Reply of the State Council to the Overall Proposals for the Pilot Reform of Separation of an Operating Permit and a Business License in Shanghai Municipality (Guo Han [2015] No.222) and the Decision of the State Council on Temporarily Adjusting Administrative Examination and Approval Matters and Other Matters Prescribed in the Relevant Administrative Regulations and Documents of the State Council in Pudong New Area of Shanghai Municipality (Guo Fa [2016] No.24) shall apply to the aforesaid ten pilot free trade zones, and relevant documents will not be otherwise issued.
  ......
Please consent to the LexisNexis Terms and Conditions and Privacy Policy.