State Council, Opinions on Expanding the Pilot Project for the “Permit and License Disassociation” Reform to a Wider Area

国务院关于在更大范围推进“证照分离”改革试点工作的意见

March 30, 2018 | BY

Susan Mok &

Examination and approval streamlined to facilitate investment.

Clp Reference: 2100/17.09.22 Promulgated: 2017-09-22 Effective: 2017-09-22

Issued: September 22 2017

Trial period: September 22 2017 – December 21 2018

Main contents: The method for the pilot project for the “permit and license disassociation” reform implemented in Pudong New Area, Shanghai shall be reproduced and expanded to the 10 pilot free trade zones in Tianjin, Liaoning, Zhejiang, Fujian, Henan, Hubei, Guangdong, Chongqing, Sichuan and Shaanxi (Article 1).

With the exception of those involving major public interests, such as national security, public security, ecological security and public health, all permit-type “certificates” that can be disassociated will be disassociated, and a suitable method of administration shall be adopted in light of the realities of the locality.

(1)Direct abolition of examination and approval. Administration will be carried out by means of industry self-regulation where enterprises will be permitted to directly launch their relevant business activities.

(2)Replacement of examination and approval by record filing, such that an enterprise may launch its relevant business activities after submission of relevant materials to the relevant government authority, with the government authority no longer carrying out approval or permission in respect of the record filing materials.

(3)Implementation of the inform and undertake system, wherein the enterprise undertakes that it complies with the examination and approval conditions and submits the relevant materials, following which it can carry out the relevant examination and approval matters.

(4)Enhancement of transparency and predictability, public disclosure of the list of, and procedures for, administrative examination and approval matters, clarification of specific acceptance conditions and handling criteria and specifying review requirements and deadlines so as to achieve standardization of service matters. Parallel examinations and approvals and simultaneous handling of permits and licenses to be vigorously promoted.

(5)While clearing up and making compliant administrative examination and approval matters, the competent authority for each industry formulates clear and specific industry operation standards and procures the carrying out of record filing with reference to the standards or implementation of inform and undertake by enterprises (Article 2(1)).

clp reference:2100/17.09.22 issued:2017-09-22 trial period:2017-09-22 – 2018-12-21

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