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Shanghai Issues Several Measures on Developing and Strengthening Market Main Bodies

2022-02-08

Shanghai Issues Several Measures on Developing and Strengthening Market Main Bodies

      Recently, the Shanghai Municipal Market Supervision Administration issued the "Several Measures on the development and Expansion of market players" (hereinafter referred to as the "Measures"), marking the Shanghai Optimized Business Environment version 5.0, focusing on the broad entry and strict management of market access rules, governance of digital expansion application scenarios and inclusive and prudent market competition regulatory rules, exploring and providing more replicable practices. Create more "one-stop" benchmarking applications to maximize the development vitality of market players. As of December 2021, the number of market players in Shanghai has exceeded 3.18 million.

       Benchmarking first-class exploration access quasi-camp experience

       According to reports, the "measures" are first-class, so that market players can quickly enter the market "door", but also easily open the "small door" of the industry, and explore more replicable and promoted experience in the access camp.

       In Pudong New Area, a system of registration and confirmation of market entities was implemented on a pilot basis. In the administrative confirmation mode of self-declaration by the market subject and formal review by the registration authority, the market supervision department only conducts formal review of the application materials, and confirms and registers on the spot those that meet the conditions stipulated by laws and regulations. From the implementation of administrative permission to administrative confirmation, the Shanghai Market Supervision Bureau will be promoted within the city after the conditions are mature to help all types of market players enter the market "door" at the fastest speed.  

       We will deepen the reform of food production and business licensing in Shanghai. Implementation of 5 categories of 9 varieties of low-risk food production license notification commitment system, no longer carry out on-site verification before issuing licenses. This means that companies that previously needed 10 working days to obtain a license to carry out business activities are now directly "handled on the spot." The regulatory department under the jurisdiction shall, within 30 working days after the issuance of the license, carry out supervision and inspection of the food production entity, and revoke the food production license of the enterprise that is found to be unable to guarantee food safety.

       The evaluation system shall be implemented for chain food enterprises. In recent years, Shanghai chain operation has developed rapidly, and enterprises have higher expectations for convenient handling of store operation licenses. In the future, when enterprises apply to open branches in Shanghai, they only need to promise to meet the evaluated design process and management requirements, and the market supervision department will no longer conduct on-site verification, and directly make licensing decisions, so that chain food enterprises can more easily open the "small door" of the industry.

       Digital empowerment to create a "one-stop" benchmarking application

       The Shanghai Market Supervision Bureau has deeply expanded the application scenarios of governance digitization in the field of market supervision, created more "one-stop" benchmarking applications, and enhanced the "sense of gain" of market players.

       Electronic license mobile terminal "one photo universal". In April 2020, the Shanghai Market Supervision Bureau explored the collection and application of electronic licenses, and realized the simultaneous issuance of electronic licenses and electronic seals for the first time. Up to now, nearly 1.97 million market entities have handled market supervision, taxation, social security, provident fund and other businesses through electronic business licenses for a total of 14.46 million times. In 2021, Shanghai took the lead in the country to realize the linkage application of electronic business license and food business license e-certificate. This year, the Shanghai Market Supervision Bureau will further rely on the national unified electronic business license system, with the identity of the market subject as the core, with the electronic business license as the carrier, gather all electronic licenses in the field of market supervision, and realize the electronic business license and all electronic licenses in the field of market supervision.

       Explore the intelligent "multi-report integration" of enterprise annual reports. The Shanghai Market Supervision Bureau will automatically import some public information shared by government departments such as the unified social credit code, name, residence, registered capital subscription, and shareholders of market entities into the annual report system to achieve a declaration and departmental data sharing, so that enterprises have more sense of gain.

       We will explore the possibility of standardised subsidies "free of application and free of charge". For newly established standardization technical organizations at all levels, or enterprises that undertake national standardization pilot tasks and pass acceptance, there is no need to submit application materials, and information such as enterprise qualification, enterprise credit, enterprise identification and policy conditions are compared through government departments by sharing data, and the list of enterprises that meet the policy requirements is automatically selected.

       Inclusiveness and prudence will stimulate the vitality of market players

       As of December 2021, Shanghai's total market players exceeded 3.18 million, of which 2.672 million enterprises, an increase of 10.8% over the previous year. The number of new businesses is 2,174 per day. A staff member of the Shanghai Market Supervision Bureau said that the rule of law is the best business environment, and the rapid growth of market players cannot be separated from a fair, stable and predictable market environment. Shanghai Market Supervision Bureau stimulates the vitality of development and competition of more market players with sound legal protection.

       Formulate and implement a list of "impunity" and "impunity". Since March 2019, when Shanghai issued the first national provincial list of minor illegal business violations in the cross-field market, the Shanghai market supervision department has implemented the exemption of 3,665 market players, so that market players feel the temperature of law enforcement. This year, the Shanghai Market Supervision Bureau will further expand the scope of impunity in the fields of advertising and pricing, and explore the formulation and implementation of the impunity List 3.0 for minor illegal business activities in the market. At the same time, the list of non-implementation of administrative compulsory measures shall be established, the specific provisions of laws and regulations related to non-implementation of compulsory measures shall be clarified, and supporting systems shall be introduced.

       Establish a credit repair mechanism for market players. In 2021, the Shanghai Market Supervision Bureau formulated nine credit repair mechanisms of "zero running errands and zero meeting" to help enterprises resume work and production. Up to now, 6,739 enterprises have been removed from the abnormal list. This year, the Shanghai Market Supervision Bureau will further improve the construction of the credit system and support market players to repair credit. For those listed in the list of serious violations of trust, in principle, they can be requested to repair their credit after 1 year, and automatically removed from the list after 3 years. Establish a hierarchical credit repair system for administrative penalty information, set a minimum credit repair period ranging from 6 months to 1 year according to the severity of the penalties, and shorten the period of administrative penalty information publicity.

       It is reported that the Shanghai Market Supervision Bureau will also improve the fair competition review and review system, formulate guidelines for the implementation of new formats, new models and other fields, implement hierarchical and classified management of Internet platforms, guide e-commerce platforms to reasonably reduce marketing costs of settled merchants and provide free tools. By improving the legal guarantee and optimizing the institutional supply, enterprises settled in Shanghai can run out of the "acceleration" on the basis of a stable speed, and all kinds of market players can grow healthily and vigorously in a fair and just market environment.