With the official announcement of the Negative Market Access List (issue 2018) on the 25th, China's market access negative list system entered a new stage of full implementation, and all market entities off the " they could not enter. "
What are the characteristics of the negative list of market access? What is the meaning? How to implement?
a list of admissions
"The complete implementation of the system of negative list of market access is an important decision arrangement made by the Party Central Committee for the continuous improvement of the socialist market economic system. Xu Shanchang, Director of the National Development and Reform Commission, was released the same day. I said at the meeting.
The market access negative list system refers to a list of institutional arrangements for the prohibition and restriction of investment operations in the People's Republic of China, and governments at all levels adopt corresponding management measures in accordance with the law . Industries, fields, companies, etc. outside the negative list, all kinds of market entities can come under the law.
The main body of the list includes two categories: "prohibition of admission" and "access allowed", with a total of 151 items and 581 specific management measures. For prohibited items, market entities can not enter and administrative agencies can not approve them. For permitting access issues, the market entity must file a petition, and the administrative body must take a decision on whether or not to grant access according to the law, or can be registered by the market entity according to the conditions of access and access methods prescribed by the government.
Xu Shanchang said that the 2018 version of the negative list directly incorporates China's industrial policy market access requirements, investment policies and other related systems to ensure the authority and unity of a country's "single." "The negative list of market access should be uniformly formulated by the Council of State. Without the consent of the Council of State, all departments and regions should not publish a negative list of market access by themselves and can not increase or decrease or change the list of negative market access entries without authorization. "
"Integrate all prohibited and allowed items into multiple places in a list so that a network is depleted and one is listed one by one, which clearly shows the & # 39; red line & # 39; ; of market access and clearly illuminates the subject of the market. "Traffic lights," said Chen Sheng, a professor at the Public Administration School of Chongqing University.
In March 2016, China formulated the "Preliminary List of Negative Market Access List (Pilot Edition)," which was tested in the provinces of Tianjin, Shanghai, Fujian and Guangdong. In 2017, the scope of the pilot was expanded to 15 provinces and cities. Based on summing up the pilot experience, a negative list of 2018 issues will be formed.
Compared to the negative version of the pilot version, the negative list for 2018 was reduced by 177 items and the specific management measures were reduced by 288, a significant reduction of 54%.
"There is still a lot of room for further liberalization of market access." Ye Jun, deputy inspector of the Department of Law and Law of the Ministry of Commerce, said that it is necessary to relax access to the service industry as a breakthrough and further promote relaxation of market access restrictions in various fields and continue to reduce stock.
In the negative list for the 2018 edition, the "Local licensing measures" column was added. Xu Shanchang said that a small number of national management measures are not covered, which are in line with the list and are included in the local market access management measures formulated by the provincial people's government in accordance with relevant legislative procedures, incorporating regional differences and improving the completeness of the list.
Equal access to all types of market players
After the establishment of the negative market access list system, whether it is a state-owned company or a private company, whether domestic or foreign, a large company or a small and medium-sized enterprise, it will treat the same conditions of access to the market and obtain the same rules , equal rights and equal opportunities.
Behind the concept of "negative list of market access" is the concept of "justice", ie in the face of the list, achieve "All are equal" in the field outside the list, make "heroes do not ask the source" , this is the government A major change in management methods and concepts, "said Chen Sheng.
Xu Shanchang emphasized that relevant departments will further clear the approval items for the market access link off the list. Outside the negative list, unreasonable or discriminatory access conditions may not be imposed on private companies, and no additional access control measures can be taken. For the management measures in the list, it is necessary to clarify further the conditions and procedures for approval, and to treat all market entities fairly and fairly, and to treat them equally.
At the end of June this year, China issued a negative list of 2018 access to foreign investment. Xu Shanchang said that the negative list of access to foreign investment is only for foreign investors and belongs to the category of foreign investment management, the negative listing of market access is a consistent management measure applicable to domestic and foreign investors and is part of the national treatment. Foreign investment is restricted to other areas beyond the negative list and is managed in accordance with the principle of domestic and foreign investment.
The inventory formulation reflects the principles of the rule of law. "Everything listed on the list is based on the law." Guo Liyan, a researcher at China's Academy of Macroeconomics, said there is no legal and regulatory basis for centralized clean-up, but all management issues listed on the list must pass through administrative laws and regulations. The Council of State decides or establishes local laws and regulations and avoids, with all due diligence, entering the list in the absence of legal issues.
Xu Shanchang said the comprehensive implementation of the system of negative listing market access clarified the market-government market access. "Market entities can know at a glance what can not be done, what needs to be approved, and what can be decided on its own. This will help break down various forms of restraints and hidden barriers and give decision-making power remaining 'and' autonomous' to market participants. "Let the invisible hand of the market play a decisive role."
Make the list "moving"
Implementing a unified negative list in the domestic market, there is no mature experience in the world. How to implement this innovative reform?
Dissemination of information is the guarantee of policy transparency. Xu Shanchang said the disclosure mechanism for the negative list of market access was initially established to disseminate relevant content information to the public so that market participants can conduct real-time queries. In the next step, the dissemination of information will be further enriched and the transparency of market access policies and the ease of use of negative lists will be continually improved.
Dynamic list adjustment is the key to improving the scientific nature of the policy. Experts believe that inventory management is not rigid management. With the progress of reform and opening up, economic restructuring, revision of laws and regulations, and reform of "distribution services," regulatory measures for market access will also change.
Ye Jun introduced that the next step will be to establish a dynamic adjustment mechanism for the negative listing of market access and explore the establishment of a third-party evaluation mechanism. Through the dynamic tuning mechanism to promote continuous relaxation of market access constraints, further reduce inventories, optimize list structure, and enhance scientific, regulatory, and full list issues.
"Leave the circular list" is the basis and guarantee for effective regulation of market access and the injection of a "living soul" into the negative list management system for market access, said Ren Qiming, assistant professor at the Law School Economic and Commercial University of China Political Science and Law.
Wan Jinsong, deputy director of the Department of Physical Reform of the National Development and Reform Commission, said that to address the potential risks that may arise in the economic operation, the final thought is respected and the authority to activate market access restrictions is maintained, and temporary access is required for special reasons. Management measures, with the consent of the Council of State, may be included in the list as a special matter clause in real time.
The complete implementation of the negative market access list system requires the government to switch from "pre-event approval" to "improve post-event supervision" and remove the regulatory barrier.
"Implementation of the system of negative list of market access is not let go, but to stimulate market vitality and optimize market supervision services to coordinate organically, and effectively put the launch, management management." Shanghai Institute of Social Sciences researcher Li Jianwei said.
Xu Shanchang said that this is conducive to clarifying the responsibilities of government to play a role and strengthen government functions in formulating and implementing strategies, plans, policies, standards, etc. At the same time, it will promote the reform of the examination and approval system, investment system, supervisory mechanism, social credit system and incentive mechanism and discipline, improve the laws and regulations related to the market access system and promote the modernization of national governance system and governance capacity. (According to the Xinhua news agency)
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