Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Administrative Measures for Electronic Business Licenses (for Trial Implementation)

Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Administrative Measures for Electronic Business Licenses (for Trial Implementation)
Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Administrative Measures for Electronic Business Licenses (for Trial Implementation)

December 5, 2018

To deepen the commercial system reform, strengthen and standardize the administration of electronic licenses and promote the application of electronic licenses across different industries, regions and levels, based on wide-ranging survey and in-depth study, the State Administration for Market Regulation ("SAMR") has drafted the Administrative Measures for Electronic Business Licenses (for Trial Implementation), which is hereby issued for public comments. Relevant entities and individuals are welcome to submit their comments on revision to the SAMR before December 12, 2018 by the following means:

1. Sending comments by e-mail to: djjxkc@saic.gov.cn, with the wording of "Seeking Comments on the Administrative Measures for Electronic Business Licenses (for Trial Implementation)" indicated in the e-mail subject.

2. Sending comments by mail to: Bureau of Registration of the State Administration for Market Regulation, No.8 East Sanlihe Road, Xicheng District, Beijing Municipality 100820, with the wording of "Seeking Comments on the Administrative Measures for Electronic Business Licenses (for Trial Implementation)" indicated on the envelope.

Administrative Measures for Electronic Business Licenses (for Trial Implementation)

Article 1 These Measures are formulated in accordance with the Company Law, the Law on Electronic Signatures, the Cyber Security Law, other laws and regulations and relevant provisions in the documents of the State Council, in order to standardize the application and administration of electronic business licenses and safeguard the legitimate rights and interests of the market entities.

Article 2 These Measures are applicable to the issuance and administration of electronic business licenses by market regulation authorities, the receipt, download and use of electronic business license by market entities, and the government administration and business application of electronic business licenses.
For the purpose of these Measures, the term "electronic business license" refers to the legal electronic license that is issued by a market authority according to relevant laws and regulations of the state, with SAMR as the nationally uniform source of trust and under a unified standard and specification, and carries the registration information of a market entity. Business licenses in electronic form shall have the same legal effect as those in paper form and shall become a legal certificate to prove an enterprise's status as a market entity.
For the purpose of these Measures, the term "electronic business license file" refers to an electronic document carrying the registration items of a market entity under a nationally uniform format and layout, with digital signature of the market regulation authority in accordance with the laws.
For the purpose of these Measures, the term "electronic business license application" refers to the application provided by the SAMR and installed and operated on such smart mobile terminals as mobile phones, in order to support the use of electronic business licenses.
For the purpose of these Measures, the term "electronic business license system" refers to a combination of relevant data and files, standards and specifications, and software and hardware systems, which is developed, deployed and managed by market regulation authority on a unified basis and used for the issuance, storage, management, verification and application of electronic business licenses.
For the purpose of these Measures, the term "market entity" refers to all types of enterprises, individually-owned businesses and specialized farmers' cooperatives.

Article 3 The electronic business license system is a nationally uniform identity verification system for market entities, which conforms to the national safety standards and supports the general verification and identification of market entities throughout the country, with SAMR as the unified source of trust for authorization and authentication.
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