The opinions of the State Council on implementing the negative list system for market access

19. Establishing and improving the supervision mechanism to meet the requirement of the negative list system for market access.

According to the principle of each fulfilling their respective responsibilities and law-based regulation, all regions and departments should strengthen supervision both during and after investment and business operations of market players. Based on the principle of streamlining administration and delegating government power, law-based regulation, fairness and transparency, the integration of power and responsibility, the joint governance of the government, market and society, we need to improve the regulation approach, innovate on the regulation pattern, promote regulation efficiency, optimize the supervision of post-access market behaviors, and ensure the items not on the negative list of market access are well regulated. Relevant departments should enhance the formulation, adjustment and management of the development strategy, the development plan, industrial policies and the standard specification, set a "red line" strictly according to the law, and strengthen the ongoing and ex-post regulation. All regions are encouraged to put forward a list for supervision in provincial-, municipal- and county-level governments, make clear the items subject to supervision, the reasons for such requirements, the subject of supervision, its authority, the contents, methods and procedures of supervision as well as punitive measures, and construct a supervision pattern with legal restraint, administrative supervision, industry regulation, public participation and enterprise integrity and self-discipline well integrated. We need to push industry associations and chambers of commerce to establish and improve the industry self-discipline norm, the self-disciplinary convention and the code of professional ethics. We need to establish and improve an industry self-discipline mechanism to meet the requirement of the negative list system for market access.

20. Establishing and improving the social credit-rating system and the credit-related incentive and punishment mechanism to meet the requirement of the negative list system for market access.

We should improve the social credit-rating system and the enterprise credit information disclosure system. Market players' credit information should be included into the website http://www.creditchina.gov.cn and shared on the national credit information sharing platform. The aim is to offer the public important information concerning various market players, when they are involved in production, investment, distribution, consumption and other economic activities. We should also promote the establishment of a mechanism, under which market players must make a pledge before entering the market, promising that they will willingly accept punishment and restrictions if they commit any law-breaking or dishonest acts, and this pledge will be included into their credit records. We should improve the credit-related incentive and punishment mechanism. Market players should be divided into groups and treated differently according to their credit records, and the grouping and treatment should be changed when there are changes in their credit records. Support and incentive will be granted to honest market players, while restrictions on investment, land supply, bidding, allocation of budgetary funds and other issues will be placed on dishonest ones in accordance with the law. Market players should be blacklisted if they seriously breach competition norms, disturb market order, or infringe upon the legitimate rights of consumers, workers and other business operators. If the case is extremely serious, the guilty market player should be prohibited from entering the market in accordance with the law.

21. Establishing and improving the information disclosure and sharing systems to meet the requirement of the negative list system for market access.

On the basis of the enterprise credit information disclosure system, we should improve various other systems, such as the system of regularly releasing enterprises' annual reports and their latest news, the system of checking disclosed information on a random basis, and the system of listing enterprises with abnormal practices or serious law-breaking behaviors. Information on enterprises' production and operation, as well as government information that can reflect enterprises' conditions, should be disclosed timely as stipulated in the Provisional Regulations on Enterprise Information Disclosure and other relevant regulations. Restrictions should be placed on enterprises that fail to disclose their information on time, conceal facts, or fiddle figures. These companies should be restricted or prohibited from participating in events such as government procurement, project bidding and sales of state-owned land-use rights. All regions and departments should follow the central government's rules, promote the building of local credit information platforms for enterprises under their administration or in their own fields, and make the information available to the public on the national credit information sharing platform.

22. Improving laws and regulations to meet the requirement of the negative list system for market access.

While implementing the negative list system for market access, we should put equal attention to the revision of current laws and the promulgation of new laws. Relevant departments should sort out laws, regulations, rules, normative documents and administrative approval procedures concerning market access, investment and business operations in accordance with the law and prescribed procedures. For those that need to be revised or abolished, concerning departments should make proposals accordingly. For items beyond the negative list, articles concerning them should be abolished or revised immediately. If the revision or abolishment contradicts current laws, the State Council should propose the revision or suspension of the law to the National People's Congress or its standing committee, and make it known to the public. If the revision or abolishment contradicts current administrative regulations, the State Council should revise or suspend the regulation, and make it known to the public. Besides, we should accelerate the promulgation of new laws to meet the requirement of the negative list system, thus to provide legal grounds for government departments to perform their functions and powers concerning market access, and exercise supervision during and after projects.