Circular of Beijing Municipal Market Regulation Administration on Issuing the Implementation Measures for Further Promoting the Facilitation of Market Entity Registration and Optimizing the Business Environment

Date:2020-05-19      Source:

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Jing Shi Jian Fa [2020] No. 49

To market supervision bureaus of all districts, airport branch, Fangshan District Yanshan Market Supervision Bureau, Commercial Finance Bureau and Administrative Approval Bureau of Beijing Economic-Technological Development Zone,

After obtaining the consent from the municipal government, the Implementation Measures of Beijing Municipal Market Regulation Administration on Further Promoting the Facilitation of Market Entity Registration and Optimizing the Business Environment are hereby issued to you for your earnest implementation.

Beijing Municipal Market Regulation Administration 

April 24, 2020

The Implementation Measures of Beijing Municipal Market Regulation Administration  on Further Promoting the Facilitation of Market Entity Registration and Optimizing the Business Environment

In order to thoroughly implement the decisions and arrangements of the CPC Central Committee and the State Council for deepening the reform of “delegating powers, improving regulation and optimizing services” and transforming government functions, deeply promote the reform of the commercial system, continue to optimize Beijing’s business environment, support and propel the healthy development of market entities, and provide better access services for market entities, the Implementation Measures are hereby formulated according to the Regulations of Beijing on Optimizing Business Environment.

I. Continue to standardize administration according to law, and create a fair and transparent access environment

1. For items with no prohibition or restriction explicitly specified in laws and regulations, decisions of the State Council and industrial plans formulated by industry departments according to law, the registration authority shall not arbitrarily infer, extend, expand and increase the interpretation of relevant provisions and increase the burden on market entities. The registration authority shall not set up or increase the approval and record items in disguised forms without authorization. The registration authority shall not add conditions or standards without authorization, or raise the access threshold.

2. Implement the registration notification-commitment system for market entities. The registration authority of market entities shall announce the specific conditions and standards for registration according to the notification-commitment system. The applicant shall promise that the registration materials submitted are authentic, valid and legal. If the application materials are complete and conform to the legal form, the registration authority shall go through registration procedures immediately according to the applicant’s application and credit commitment. The registration authority shall conduct a formal review on the submitted materials.

3. Market entities and their registration applicants shall bear the legal responsibility for making false commitment and failing to fulfill the commitment. The market entity and the applicant shall be responsible for the authenticity, legality and validity of the submitted application documents and materials, and make corresponding credit commitment. Violation of laws and regulations, and irregular unfulfilled commitments shall be corrected in a timely manner in accordance with the requirements of the registration authority. Where a market entity refuses to make corrections or applies for registration by submitting false materials and concealing important facts by other fraudulent means, the market supervision authority shall deal with it according to the law and publicize it on the Beijing Enterprise Credit Information website. If the case is suspected of constituting a crime, the case shall be handed over to the judicial organ to be investigated for criminal responsibility according to the law.

II. Further release domicile resources, and provide support for enterprises in innovation and entrepreneurship

4. The applicant shall apply for domicile registration through independent commitment. Market entities shall use real, legal and safe non-residential buildings as domiciles and shall be responsible for the authenticity, legality and safety of domiciles. The applicant shall declare the basic information of the domicile to the registration authority, and make a commitment in accordance with the facts and regulations on the ownership, function and legal use of the real property. The registration authority shall conduct formal examination on the supporting materials of the domicile submitted by the applicant according to the applicant’s commitment. The regions where conditions permit may adopt paperless application through using information technology such as blockchain.

5. Implement the requirements of the State Council, State Administration for Market Regulation and the People’s Government of Beijing Municipality for the reform of the domicile registration system, and legally implement the domicile registration policy based on accurate understanding, without imposing any additional examination conditions in the registration process. In areas not subject to prohibitions and restrictions specified in laws and regulations, multiple market entities can use the same address as the registered domicile. A market entity that wishes to establish a branch in Beijing may file an application to indicate the domicile of the branch on its business license certificate, instead of separately applying for another business license certificate. A market entity that files an application to indicate the domicile of the branch on its business license certificate shall submit the application for change registration, letter of designation (authorization), original and copy of business license certificate and supporting materials of the domicile of the branch.

6. Support residence registration in accordance with the interoperability principle. Unless otherwise provided by laws and regulations, buildings that do not belong to the residences (villas, apartments) and other residential plans may be registered as the domicile of market entities according to the interoperability principle. Those who use common basements or civil air-defense projects that are subject to clear requirements for safe use to engage in business activities, should obtain corresponding use permits or file according to law.

7. Support all district governments, the Administrative Committee of Zhongguancun Science Park, and the Administrative Committee of Beijing Economic-Technological Development Zone to standardize the cluster registration address services and strengthen management within the region. The cluster registration address confirmed and made public by them to the society may be registered as the domicile of the market entity. Market entities using cluster registration addresses shall indicate “(cluster registration)” in the business license certificate domicile column.

8. A market entity in Beijing may carry out production and operation activities in a place other than its registered domicile, but shall publish the address of actual production and operation through the Enterprise Credit Information Publicity System. If the market supervision department where the market entity registers its residence finds that it can not contact the market entity through the registered domicile or business site during the spot check, and confirms that the actual business site is not publicized, the market entity shall be included in the abnormal business list or marked as abnormal business state, and accept investigation and punishment according to law.

III. Further shorten the time cost of enterprises, and improve the service experience for enterprises.

9. Deliver “in one go” services for market entities. Where the enterprise applies for start-up and obtaining the invoice at the same time or has the employment demand, it can go through relevant formalities at the start-up section on E-window service platform and the comprehensive windows set up at all levels of government service halls or service stations online and onsite, respectively. The unified acceptance and unified feedback system will be implemented. If the application materials are complete and conform to the legal form, the process shall be completed within one working day and the business license certificate, official seal or bill shall be issued simutaneously. Where the market entity applies for other registration services such as change and deregistration, and the application materials are complete and conform to the legal form, the registration authority shall complete the process immediately.

10. Implement the direct approval system for registration of market entities. The registration acceptance review and approval procedures will be merged, and the direct approval mode will be implemented in accordance with the principle of “who reviews should beresponsible”. For registration application of a market entity, the same reviewer will make a decision on whether to approve the registration at one time according to law. Each registration authority shall establish systems for the qualification management of reviewers, review of registration information materials and spot checks, and strengthen audit supervision to ensure the quality of registration approval.

11. The market entity in Beijing can independently choose general business items to carry out business activities according to law. The applicant shall promise that they will abide by laws and regulations, and will not carry out business activities concerning unauthorized matters, and the business activities it engages in conforms to the industrial policies of the state and Beijing. The business scope of market entities may not register other specific business items except for recording main business items, pre-approval items, and “license before certification” items. Where it is required to register specific business items, it may be registered in accordance with the Industrial Classification of National Economic Activities or select specific business items in the business scope database. The registration authority will no longer review the specific business items selected by the items in broad categories and the business scope database, and uniformly mark under the business scope of the business license certificate “the market entity independently chooses the business items and carries out business activities according to law”; items subject to approval according to the law, the business activities shall only be carried out according to the contents approved by relevant authorities; enterprises shall not be engaged in any business activities under the prohibited and restricted list of Beijing and the state. ”

12. Simplify the materials submitted by market entities for change of registration. The market entities applying for changing the name and domicile of shareholders, and its business scope will not need to submit a resolution of the shareholders’ meeting (decision of the authority) and articles of association.

13. Pilot the mode of joint issuance of licenses and certificates to market entities. Explore the pilot for joint approval of business certificate and related administrative licensing matters around key areas and high-frequency matters closely related to the production and life of the masses. When applying for formation registration, the market entities can submit the application for relevant administrative licenses together, which can be completed at one time with one sheet and one notification through the district government service hall or E-window online service platform of Beijing. The online service featuring “handling through a unified online platform” via SSO and the offline service featuring “entry into one door” and “one visit at most” will be provided.

IV. Optimize the deregistration procedures of enterprises, and speed up the legal and orderly withdrawal of market entities 

14. The enterprise that do not carry out production and operation activities or do not have claims nor debts after obtaining the business license certificate may apply to the registration authority for deregistration directly according to simplified deregistration procedures, with the commitment letter of all investors, and the original and copy of the business license certificate, provided that no objection is received within 20 days upon the release of notice of the enterprise’s intended deregistration on the National Enterprise Credit Information Publicity System.

15. Where the People’s Court decides to force liquidation or declare bankruptcy, the relevant enterprise liquidation team or bankruptcy administrator may apply to the registration authority for deregistration directly according to simplified procedures with the People’s Court’s ruling to terminate the compulsory liquidation procedure or the bankruptcy procedure, deregistration application form, and the original and copy of the business license certificate, without the need to go through the simplified deregistration announcement process. The registration authority will not examine whether the enterprise has not paid taxes in full, whether the branch is cancelled or not, and other circumstances inapplicable for simplified deregistration. If the business license certificate cannot be fully revoked, the enterprise’s liquidation team or bankruptcy administrator who applies for deregistration can issue relevant statement, instead of announcing it in a newspaper or publicize it in some other way.

16. For an enterprise whose business license certificate has been revoked for more than three years, if all or part of its shareholders commit in writing to complete liquidation and pay off unpaid debt, thesimplified deregistration procedure shall be extended to be applicable. After announcement for a period of 20 days, the enterprise can submit thederegistration application form, shareholder commitment, and the original and copy of the business license certificate to the registration authority for simplified deregistration. The enterprise that can not issue an announcement through the National Enterprise Credit Information Publicity System may provide an announcement sampling the one normally issued uponexpiration of 20 days. If the original and copy of the business license certificate can not be fully returned, it shall be stated in the announcement and shareholder commitment.

Support state-owned enterprises to reduce their management levels and clean up zombie enterprises. Enterprises owned by the whole people whose business license certificate have been revoked for more than three years may apply for deregistration with reference to the simplified procedures above.

These Measures shall come into force across Beijing as of April 28, 2020.