Opinions of the State Council on Fully Promoting the Interdepartmental Joint Regulation under the "Dual Randomness and One Publicity" Mode in the Field of Market Regulation
Opinions of the State Council on Fully Promoting the Interdepartmental Joint Regulation under the "Dual Randomness and One Publicity" Mode in the Field of Market Regulation
Opinions of the State Council on Fully Promoting the Interdepartmental Joint Regulation under the "Dual Randomness and One Publicity" Mode in the Field of Market Regulation
Guo Fa [2019] No.5
January 27, 2019
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and all ministries, commissions and directly affiliated institutions of the State Council,
Fully promoting the interdepartmental joint regulation under the "Dual Randomness and One Publicity" mode in the field of market regulation is a major decision made by the Central Committee of the Communist Party of China ("CPC") and the State Council, a major innovation in the concept and mode of market regulation, an inherent requirement for deepening the reform of "streamlining administration, delegating powers and improving regulation and services" and speeding up the transformation of government functions, a powerful measure to reduce the burden of enterprises and optimize the business environment, and an important part of efforts to accelerate credit system building and reinvent during and after supervision. To continuously deepen the reform of "streamlining administration, delegating powers and improving regulation and services", promote the interdepartmental joint regulation under the "Dual Randomness and One Publicity" mode and achieve full coverage in the field of market regulation, the following opinions are hereby put forward.
I. General Requirements
We shall take Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guidance, fully implement the spirit of the 19th National Congress of the CPC and the second and third plenary sessions of the 19th CPC Central Committee, thoroughly implement the decisions made by the CPC Central Committee and the State Council, adapt to the needs of building a modern economic system, promoting high-quality economic development and pushing forward the modernization of the national governance system and governance capacity, truly change regulatory thinking and reinvent regulatory means. It is necessary to implement the checklist-based management of items for random checks, avoid law enforcement by multiple departments and duplicate checks, standardize law enforcement, improve regulatory efficiency, reduce the burden of enterprises and strengthen credit support. In the field of market regulation, it is imperative to improve a new regulatory mechanism with the "Dual Randomness and One Publicity" mode as the basic means, key regulation as the supplement and credit regulation as the foundation, truly achieve sound regulation and strict enforcement so that law-abiding and trustworthy people can have plain sailing across the whole spectrum of society without hindrance, while law-breaking and untrustworthy people find it difficult to make moves even by a single step. Our purpose is to further create a market environment of fair competition and a business environment of legalization and facilitation.
Adhere to comprehensive coverage. We shall take "Dual Randomness and One Publicity" as a basic means and mode of market regulation. Except for special and key fields, all administrative inspections shall be in principle carried out by means of double random spot checks, which will replace the existing tour inspection system and willful checks in routine regulation, so as to form a normalized management mechanism. All problem clues found in spot checks must be thoroughly investigated and punishments be meted out according to law, with the results of punishment duly recorded under the names of the corresponding market entities, thus forming a long-term constraint on law-breaking and discreditable behavior.
Adhere to standardization and transparency. We shall strictly implement market regulation responsibilities according to laws and regulations, and form a scientific, standardized, fair, open and transparent mechanism of "Dual Randomness and One Publicity" for regulatory work. Unless otherwise specified by laws and regulations, all items, plans and results of spot checks must be made public in a timely, accurate and standardized manner. Transparent regulation must be undertaken and arbitrary law enforcement must be prohibited.
Adhere to problem orientation. We shall implement different regulation on different types of credit risks, carry out double random spot checks on prominent problems and risks, and improve regulatory accuracy.
......
Guo Fa [2019] No.5
January 27, 2019
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and all ministries, commissions and directly affiliated institutions of the State Council,
Fully promoting the interdepartmental joint regulation under the "Dual Randomness and One Publicity" mode in the field of market regulation is a major decision made by the Central Committee of the Communist Party of China ("CPC") and the State Council, a major innovation in the concept and mode of market regulation, an inherent requirement for deepening the reform of "streamlining administration, delegating powers and improving regulation and services" and speeding up the transformation of government functions, a powerful measure to reduce the burden of enterprises and optimize the business environment, and an important part of efforts to accelerate credit system building and reinvent during and after supervision. To continuously deepen the reform of "streamlining administration, delegating powers and improving regulation and services", promote the interdepartmental joint regulation under the "Dual Randomness and One Publicity" mode and achieve full coverage in the field of market regulation, the following opinions are hereby put forward.
I. General Requirements
We shall take Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guidance, fully implement the spirit of the 19th National Congress of the CPC and the second and third plenary sessions of the 19th CPC Central Committee, thoroughly implement the decisions made by the CPC Central Committee and the State Council, adapt to the needs of building a modern economic system, promoting high-quality economic development and pushing forward the modernization of the national governance system and governance capacity, truly change regulatory thinking and reinvent regulatory means. It is necessary to implement the checklist-based management of items for random checks, avoid law enforcement by multiple departments and duplicate checks, standardize law enforcement, improve regulatory efficiency, reduce the burden of enterprises and strengthen credit support. In the field of market regulation, it is imperative to improve a new regulatory mechanism with the "Dual Randomness and One Publicity" mode as the basic means, key regulation as the supplement and credit regulation as the foundation, truly achieve sound regulation and strict enforcement so that law-abiding and trustworthy people can have plain sailing across the whole spectrum of society without hindrance, while law-breaking and untrustworthy people find it difficult to make moves even by a single step. Our purpose is to further create a market environment of fair competition and a business environment of legalization and facilitation.
Adhere to comprehensive coverage. We shall take "Dual Randomness and One Publicity" as a basic means and mode of market regulation. Except for special and key fields, all administrative inspections shall be in principle carried out by means of double random spot checks, which will replace the existing tour inspection system and willful checks in routine regulation, so as to form a normalized management mechanism. All problem clues found in spot checks must be thoroughly investigated and punishments be meted out according to law, with the results of punishment duly recorded under the names of the corresponding market entities, thus forming a long-term constraint on law-breaking and discreditable behavior.
Adhere to standardization and transparency. We shall strictly implement market regulation responsibilities according to laws and regulations, and form a scientific, standardized, fair, open and transparent mechanism of "Dual Randomness and One Publicity" for regulatory work. Unless otherwise specified by laws and regulations, all items, plans and results of spot checks must be made public in a timely, accurate and standardized manner. Transparent regulation must be undertaken and arbitrary law enforcement must be prohibited.
Adhere to problem orientation. We shall implement different regulation on different types of credit risks, carry out double random spot checks on prominent problems and risks, and improve regulatory accuracy.
......