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(Authorized to release) Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy
2023-07-19 18:58:32 Source: Xinhuanet
Xinhua News Agency, Beijing, July 19th
Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy
(July 14, 2023)
The private economy is a new force to promote Chinese-style modernization, an important foundation for high-quality development, and an important force to promote my country's comprehensive building of a socialist modern power and the realization of the second centenary goal. In order to promote the development and growth of the private economy, the following opinions are hereby offered.
1. General requirements
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the general tone of the work of seeking progress while maintaining stability, fully, accurately and comprehensively implement the new development concept, accelerate the construction of a new development pattern, and strive to promote high-quality Development, adhere to the direction of reform of the socialist market economy, adhere to the "two unwavering", accelerate the creation of a market-oriented, law-based, and international first-class business environment, optimize the environment for the development of the private economy, and protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law. Comprehensively build a pro-Qing political and business relationship, so that various ownership economies can equally use production factors in accordance with the law, participate in market competition fairly, and be equally protected by the law, guide private enterprises to continuously improve the quality of development through their own reform and development, compliance management, transformation and upgrading, and promote the private economy. To be bigger, better and stronger, to make positive contributions in the new journey of building a modern socialist country in an all-round way, to shoulder a greater mission, shoulder greater responsibilities, and play a greater role in the historical process of the great rejuvenation of the Chinese nation.
2. Continue to optimize the development environment of the private economy
Build a high-level socialist market economic system, continue to optimize a stable, fair, transparent and predictable development environment, and fully stimulate the vitality of the private economy.
(1) Continue to break down market access barriers. All regions and departments shall not set or disguise access barriers in the form of filing, registration, annual inspection, identification, certification, designation, and requirements for the establishment of branches. Clean up and standardize the preconditions and approval standards for administrative approval, licensing, filing, and other government service items, and do not turn government service items into intermediary service items, and do not require enterprises to perform self-inspection, inspection, certification, and appraisal before government services without legal and regulatory basis , notarize or provide proof, etc. Steadily carry out market access effectiveness assessments, establish a complaint and handling response mechanism for market access barriers, and improve the typical case collection and notification system.
(2) Fully implement the fair competition policy system. Strengthen the basic position of competition policy, improve the fair competition system framework and policy implementation mechanism, and insist on treating enterprises of all types of ownership equally and equally. Strengthen anti-monopoly law enforcement to prevent the abuse of administrative power to eliminate and restrict competition. Franchise rights shall not be granted to business operators without fair competition, and the operation, purchase, and use of goods and services provided by specific business operators shall not be restricted. Regularly launch a negative list of market intervention behaviors, and timely clean up and abolish policies that impede the unification of the market and fair competition, including local protection, market segmentation, and designated transactions. Optimize and improve the implementation methods of industrial policies, establish a list of enterprise-related preferential policies and disclose them to the public in a timely manner.
(3) Improve social credit incentive and restraint mechanisms. Improve the credit information recording and sharing system, comprehensively promote the credit commitment system, and include commitment and performance information into credit records. Give full play to the role of the credit incentive mechanism to enhance the sense of acquisition of enterprises with good credit. Improve the credit restraint mechanism, implement punishments on responsible entities in accordance with the laws and regulations in accordance with the list of punishment measures for untrustworthiness. Improve credit restoration mechanisms after untrustworthy behavior has been corrected, research and issue relevant management measures. Improve the government's creditworthiness performance mechanism, establish and improve the record and punishment system for government dishonesty, and include information on government agencies and public institutions' breach of contract, default on accounts, and refusal to perform judicial judgments into the national credit information sharing platform.
(4) Improve the market-oriented restructuring mechanism. Encourage private enterprises to revitalize stock assets and recover funds. Adhere to accurate identification and classified policies, and actively apply bankruptcy reorganization and bankruptcy reconciliation procedures in accordance with the principles of marketization and rule of law for enterprises that are in financial difficulties but still have development prospects and rescue value. Promote the revision of the Enterprise Bankruptcy Law and improve supporting systems. Optimize the policies related to the transfer of individual industrial and commercial households to enterprises, and reduce the cost of conversion.
3. Increase policy support for the private economy
Accurately formulate and implement various support policies, improve policy implementation methods, strengthen policy coordination, respond to concerns and interest demands in a timely manner, and effectively solve practical difficulties.
(5) Improving the financing support policy system. Improve the market-based sharing mechanism of financing risks involving multiple parties such as banks, insurance companies, guarantee companies, and brokerage firms. Improve the credit rating and evaluation system for small, medium and micro enterprises and individual industrial and commercial households, strengthen the collection of credit information related to enterprises, and promote service models such as "Xinyidai". Support qualified private small, medium and micro enterprises to raise funds in the bond market, encourage qualified private enterprises to issue technological innovation corporate bonds, and promote the special support plan for private enterprise bond financing to expand coverage and enhance credit enhancement. Support qualified private enterprises to go public for financing and refinancing.
(6) Improving the mechanism for preventing and clearing up the normalization of arrears. Strictly implement the "Regulations on Guaranteeing the Payment of Small and Medium-sized Enterprises", improve the long-term mechanism for preventing and resolving the arrears of small and medium-sized enterprises, and increase the accountability and punishment of responsible persons in accordance with laws and regulations. Government agencies, public institutions and large enterprises shall not refuse or delay payment to small and medium-sized enterprises and individual industrial and commercial households on the grounds of changing internal personnel, performing internal payment procedures, or waiting for completion acceptance approval, final account audit, etc. if the contract is not stipulated. Establish a system for regular disclosure of arrears, advice and guidance, and active law enforcement. Strengthen the information disclosure of commercial bills, and improve the credit restraint mechanism of the bill market. Improve the complaint handling and credit supervision mechanism for delinquent accounts, and strengthen the exposure of cases of malicious delinquent accounts. Improve the normalized connection mechanism between the liquidation of arrears and the auditing, supervision, inspection and other systems.
(7) Strengthen the protection of talents and labor demand. Unblock the channels for the flow of talents to private enterprises, and improve the continuous policy mechanisms for personnel management, file management, and social security. Improve the evaluation methods for professional titles in private enterprises, unblock the evaluation channels for professional titles in private enterprises, and improve the evaluation standards for professional titles oriented by market evaluation. Build a job-seeking information docking platform for private enterprises, individual industrial and commercial households and laborers. Vigorously promote school-enterprise cooperation and integration of production and education. Promote the construction of workers in private economic industries and optimize the environment for career development. Strengthen the protection of the rights and interests of workers in flexible employment and new employment forms, and give full play to the role of platform companies in expanding employment.
(8) Improving the direct and fast sharing mechanism of supporting policies. Give full play to the role of the direct access mechanism of financial funds, and promote the direct access and quick sharing of funds related to enterprises. Increase the disclosure of enterprise-related subsidy funds and accept social supervision. For private small, medium and micro enterprises and individual industrial and commercial households, establish a support policy "no application and enjoy" mechanism, promote the notification and commitment system, and relevant departments will no longer require repeated submission of materials that can be extracted through public data platforms.
(9) Strengthen policy communication and guidance of expectations. Carry out the adjustment procedures of enterprise-related policies in accordance with laws and regulations, and set a reasonable transition period according to the actual situation. Strengthen the release, interpretation and guidance of policies directly oriented to private enterprises and individual industrial and commercial households. Support government departments at all levels to invite outstanding entrepreneurs to conduct consultations, and give full play to the role of entrepreneurs in the formulation and evaluation of enterprise-related policies, plans, and standards.
4. Strengthen the legal guarantee for the development of the private economy
Improve the legal environment for equal protection of all types of ownership of the economy, and create good and stable expectations for the development of the private economy.
(10) Protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law. Prevent and correct the use of administrative or criminal means to intervene in economic disputes, as well as local protectionism in law enforcement and justice. Further standardize compulsory measures involving property rights to avoid seizure, seizure and freezing of property beyond authority, scope, amount, and time limit. For business-related property that is not suitable for seizure, seizure and freezing, while ensuring the normal conduct of investigation activities, relevant parties may be allowed to continue to use it reasonably, and necessary measures for value preservation and storage shall be adopted to minimize the impact of investigation and case handling on normal office work and legal production and operation. . Improve mechanisms for appeals and retrials in corporate-related cases, and improve mechanisms for effective prevention and regular correction of wrongful cases.
(11) Build a system and mechanism to prevent and control corruption at the source of private enterprises. Introduce judicial interpretations and increase punishments for corrupt behaviors such as occupation of positions, misappropriation of funds, and acceptance of bribes by employees of private enterprises in accordance with the law. Improve the mechanism for the recovery and disposal of property involved in the case. Deepen the compliance reform of the enterprises involved in the case, and promote the compliance and law-abiding operation of private enterprises. Strengthen the governance of the source of corruption in private enterprises, and guide private enterprises to establish a strict audit supervision system and accounting system. Give full play to the role of party organizations in private enterprises, promote enterprises to strengthen education on the rule of law, and create a corporate culture atmosphere of integrity and integrity. Establish a corruption governance mechanism for private enterprises with the participation of multiple subjects. Promote the construction of private enterprises ruled by law and clean private enterprises.
(12) Continue to improve the intellectual property protection system. Strengthen the protection of original innovations of private small, medium and micro enterprises. Strictly implement systems such as punitive compensation for intellectual property infringement and behavior preservation. Establish a rapid processing mechanism for intellectual property infringement and administrative non-litigation enforcement, and improve the cross-regional jurisdiction system for intellectual property courts. Research and improve intellectual property rights protection measures for innovative achievements such as business improvement and cultural creativity, and severely crack down on unfair competition such as infringement of commercial secrets, counterfeiting and confusion, and illegal acts such as malicious preemptive registration of trademarks. Intensify the criminal crackdown on illegal and criminal acts of infringement of intellectual property rights. Improve the guidance mechanism for responding to overseas intellectual property disputes.
(13) Improve the supervision and law enforcement system. Strengthen the construction of regulatory standardization and standardization, disclose regulatory standards and rules in accordance with the law, and enhance the stability and predictability of regulatory systems and policies. Improve the fairness, standardization, and simplicity of supervision, and eliminate selective law enforcement and "self-certification" supervision of enterprises. Encourage cross-administrative regions to jointly issue unified regulatory policies, regulations and standards, and carry out joint law enforcement. In accordance with the principle of combining education and punishment, law enforcement methods such as notification, reminder, and persuasion shall be implemented, and administrative penalties shall not be imposed on first-time violations with minor harmful consequences and timely corrections.
(14) Improve the long-term supervision mechanism for enterprise-related charges. Continue to improve the enterprise-related fee list system set by the government, conduct regular publicity, and accept the supervision of enterprises and society. Unblock the channels for complaints and reports of illegal charges involving enterprises, establish a standardized mechanism for sharing and referral of problem clues between departments, comprehensively adopt market supervision, industry supervision, credit supervision and other means to implement joint punishment, and publicly expose typical cases of illegal charges.
5. Focus on promoting the private economy to achieve high-quality development
Guide private enterprises to practice the new development concept, deeply grasp the existing deficiencies and challenges they face, transform the development mode, adjust the industrial structure, and transform the growth momentum, stick to the main business, strengthen the industry, and consciously take the road of high-quality development.
(15) Guide and improve the governance structure and management system. Support and guide private enterprises to improve their corporate governance structure, standardize shareholder behavior, strengthen internal supervision, achieve standardized governance, effective checks and balances, and compliant operations, and encourage qualified private enterprises to establish and improve modern enterprise systems with Chinese characteristics. Promote the separation of corporate legal person property from investor personal or family property in accordance with the law, and clarify the corporate property rights structure. Research and build a risk assessment system and reminder mechanism to give early warning of situations that seriously affect business operations and may cause social stability risks. Support private enterprises to strengthen risk prevention and management, guide the establishment of a comprehensive risk management system covering enterprise strategy, planning, investment and financing, market operations and other fields, and improve quality management awareness and capabilities.
(16) Support the improvement of scientific and technological innovation capabilities. Encourage private enterprises to continue to increase R&D investment in accordance with national strategic needs and industry development trends, carry out key core technology research, and actively undertake major national scientific and technological projects in accordance with regulations. Cultivate a group of leading private technology companies in key industries, specialized small and medium-sized enterprises, and characteristic industrial clusters of small and medium-sized enterprises with strong innovation capabilities. Increase government procurement of innovative products, give full play to the role of the first (set) insurance compensation mechanism, and support the iterative application of innovative products by private enterprises. Promote the integration and innovation of enterprises with different ownership systems, large and medium-sized enterprises, and carry out joint research on common technologies. Improve the management system and achievement transformation mechanism of colleges and universities and scientific research institutes, mobilize their enthusiasm for supporting the innovation and development of private small, medium and micro enterprises, and support private enterprises and scientific research institutions to cooperate in establishing technology research and development centers, industrial research institutes, pilot test maturation bases, engineering research centers, Innovation platforms such as manufacturing innovation centers. Support private enterprises to strengthen basic and cutting-edge research and transform results.
(17) Accelerate the promotion of digital transformation and technological transformation. Encourage private enterprises to carry out research and development of digital common technologies, and participate in the investment construction and application innovation of new infrastructure such as data centers and industrial Internet. Support the digital transformation of small and medium-sized enterprises, and promote the popularization and application of low-cost, modular intelligent manufacturing equipment and systems. Guide private enterprises to actively promote standardization and improve product quality. Support private enterprises to intensify green and low-carbon transformation of production processes, equipment, and technologies, accelerate the development of flexible manufacturing, improve emergency expansion and conversion capabilities, and enhance the resilience of the industrial chain.
(18) Encourage the improvement of international competitiveness. Support private enterprises based on their own reality, and actively extend to the design and development of core components and high-end finished products; strengthen brand building, and enhance the reputation of "Made in China". Encourage private enterprises to expand overseas business, actively participate in the joint construction of the "Belt and Road", participate in overseas projects in an orderly manner, abide by local laws and regulations, and fulfill social responsibilities in going global. Better guide and support private enterprises in preventing and responding to external challenges such as trade protectionism, unilateralism, and "long-arm jurisdiction". Strengthen departmental coordination and cooperation, and establish a risk prevention and resolution cooperation mechanism for the personal and property safety of private economic personnel overseas.
(19) Support participation in major national strategies. Encourage private enterprises to voluntarily increase the level of employees enjoying the fruits of enterprise development by expanding employment and improving the wage distribution system. Support private enterprises to invest in the development of labor-intensive manufacturing, equipment manufacturing, and ecological industries in the central, western and northeastern regions, promote the accelerated development of old revolutionary base areas and ethnic minority areas, and invest in the construction of frontier areas to promote prosperity and enrich the people. Support private enterprises to participate in the promotion of carbon peak carbon neutrality, provide carbon reduction technologies and services, increase investment in renewable energy power generation and energy storage, and participate in carbon emission rights and energy use rights transactions. Support private enterprises to participate in rural revitalization, promote new agricultural business entities and social service organizations to develop modern planting and breeding industries, develop high-quality modern agricultural product processing industries, develop modern agricultural service industries according to local conditions, and expand leisure agriculture, rural tourism and other characteristic industries. Participate in the action of "Prospering Ten Thousand Villages by Ten Thousand Enterprises". Support private enterprises to participate in the comprehensive strengthening of infrastructure construction, and guide private capital to participate in major projects such as new urbanization, transportation and water conservancy, and the construction of weak areas.
(20) Regulate and guide the healthy development of private capital in accordance with the law. Improve the legal system that regulates and guides the healthy development of private capital, establish "traffic lights" for capital, improve the rules and regulations for capital behavior, and focus on launching a number of "green light" investment cases. Comprehensively improve the efficiency of capital governance, improve capital supervision capabilities and the modernization level of the supervision system. Guide the development of the platform economy in the direction of openness, innovation, and empowerment, make up for the shortcomings of development, support platform companies in creating employment, expanding consumption, and international competition, and promote the healthy and sustainable development of the platform economy. Encourage private enterprises to concentrate on making their main business stronger and better, and enhance their core competitiveness.
6. Promote the healthy growth of private economic personnel
Fully implement the principles of trust, unity, service, guidance, and education, use practical measures to stabilize, inspire, and unite people, and guide private economic personnel to promote entrepreneurship.
(21) Improve the ideological and political construction mechanism for private economic personnel. Actively and steadily do a good job in the work of developing party members among the advanced elements of representatives of the private economy. Carry out in-depth education on ideals and beliefs and socialist core values. Educate and guide party members among private economic personnel to strengthen their ideals and beliefs, play a vanguard and exemplary role, and resolutely implement the party's theory, line, principles and policies. Actively explore and innovate the working methods of party building in the private economy.
(22) Cultivate and promote entrepreneurial spirit. Guide private entrepreneurs to strengthen their patriotism, be brave in innovation, be honest and law-abiding, assume social responsibilities, expand their international vision, dare to venture, and constantly stimulate innovation vitality and creative potential. Give play to the demonstration and leading role of outstanding entrepreneurs, increase the selection and recognition according to regulations, vigorously cultivate entrepreneurial spirit in the private economy, and promptly summarize and promote entrepreneurial growth experience with Chinese characteristics and in line with the trend of the times.
(23) Strengthen the construction of the team of representatives of the private economy. Optimize the structure of the team of representatives of the private economy, improve the selection mechanism, take into account different regions, industries, and large-scale enterprises, and give appropriate preference to strategic emerging industries, high-tech industries, advanced manufacturing, modern service industries, and modern agriculture. Standardize political arrangements, improve the relevant comprehensive evaluation system, do a good job in recommending outstanding private economic personnel as candidates for deputies to people's congresses at all levels and candidates for CPPCC members, and give full play to the role of the Federation of Industry and Commerce as the main channel for the orderly political participation of private economic personnel. Support private economic representatives to play a greater role in international economic activities and economic organizations.
(24) Improve the education and training system for private economic personnel. Improve the special training and study and seminar mechanism for private economic personnel, and further increase the intensity of education and training. Improve the training system for private small, medium and micro enterprises, and build a multi-field, multi-level, online and offline training system. Strengthen the echelon training of private economic personnel, establish and improve the mentoring system for the younger generation of private economic personnel, and promote the handover and orderly inheritance of new and old careers.
(25) Comprehensively build a pro-Qing political and business relationship. To implement the construction of pro-Qing political and business relations, party and government cadres and private entrepreneurs must establish a new type of pro-Qing unified political and business relationship in both directions. Leading cadres at all levels should openly and sincerely contact and communicate with private entrepreneurs, take the initiative to act and serve first, solve problems and do practical things for private enterprises and private entrepreneurs in accordance with laws and regulations, keep the bottom line of communication, prevent the risk of clean government, and be close to each other Degree, clarity and promise. Private entrepreneurs should proactively communicate with party committees, governments and departments at all levels, tell the truth, tell the truth, make suggestions, keep themselves clean and follow the right path, run enterprises in a law-abiding manner, and operate in an open and aboveboard manner.
7. Continue to create a social atmosphere that cares about promoting the development and growth of the private economy
Guide and support the private economy to fulfill its social responsibilities, display a good image, better interact with public opinion, and create a good social atmosphere of correct understanding, full respect, and active concern for the private economy.
(26) Guide the whole society to objectively, correctly and comprehensively understand the private economy and its people. Strengthen theoretical research and publicity, adhere to seeking truth from facts, be objective and fair, grasp the correct guidance of public opinion, guide the society to correctly understand the major contributions and important roles of the private economy, and correctly view the wealth obtained by private economic personnel through legal and compliant operations. Resolutely resist and promptly criticize and clarify wrong speeches and practices that question the basic socialist economic system, deny and weaken the private economy, respond to concerns and dispel concerns in a timely manner.
(27) Cultivate a public opinion environment that respects innovation and entrepreneurship in the private economy. Strengthen the publicity and reporting of the advanced deeds of outstanding entrepreneurs and accelerate the construction of world-class enterprises, gather the positive energy of advocating innovation and entrepreneurship, and enhance the sense of honor and social value of entrepreneurs. Create a public opinion environment and an atmosphere of the times that encourage innovation and tolerate failure, and give understanding, tolerance, and help to the mistakes and failures of private economic personnel in their legal operations. Establish a departmental coordination mechanism, severely crack down on blackmail and other acts that use negative public opinion as a threat in accordance with the law, improve the relevant reporting mechanism, and reduce the cost of corporate rights protection.
(28) Support private enterprises to better fulfill their social responsibilities. Education guides private enterprises to consciously assume the social responsibility of promoting common prosperity, actively build harmonious labor relations within the enterprise, and promote the establishment of a community of interests for all employees, so that the results of enterprise development can benefit all employees more equitably. Encourage and guide private economic personnel to be doers of development and devotees of the new era, to realize personal value at a higher level, to show the whole society a good image of abiding by laws and regulations, and abiding by social morality, so as to be rich and responsible, rich and Righteous, rich and loving. Explore the establishment of a social responsibility evaluation system and incentive mechanism for private enterprises, and guide private enterprises to actively participate in glorious undertakings and public welfare and charity undertakings, participate in emergency disaster relief, and support national defense construction.
8. Strengthen the organization and implementation
(29) Uphold and strengthen the leadership of the party. Adhere to the Party Central Committee's centralized and unified leadership of the private economic work, and implement the Party's leadership in all aspects of the work process. Adhere to the correct political direction, establish and improve the working mechanism for the development of the private economy and private enterprises, clarify and consolidate departmental responsibilities, strengthen coordination and cooperation, and strengthen the linkage between the central and local governments. Support the federation of industry and commerce to play a better role in promoting the healthy development of the private economy and the healthy growth of private economic personnel.
(30) Improve and implement the incentive and restraint mechanism. Strengthen the supervision and implementation of the policies that have been issued, focus on promoting the development and growth of the private economy, the protection of property rights, and the promotion of entrepreneurship and other policies, and improve the evaluation and supervision system. Establish and improve the private economy complaint and rights protection platform, and improve the confidentiality system, handling procedures, and supervision and assessment mechanism for complaints and reports.
(31) Do a good job of summary and evaluation in a timely manner. Carry out special evaluation and review of private economic policies in the consistency evaluation with macro policy orientation. Improve the evaluation system of China's business environment, and improve the third-party evaluation mechanism for the effect of policy implementation. Strengthen the statistical monitoring and evaluation of the private economy, and study and compile a unified and standardized private economic development index when necessary. Continuously innovate and develop "Jinjiang Experience", sum up and promote good experiences and good practices in various places in a timely manner, and solidify effective experiences and practices in an appropriate form.