Pudong releases the country’s first fair competition review and management measures
Fair competition review is a very important link in optimizing the business environment, and it is also an issue of great concern to all types of capital and business entities at home and abroad. Recently, Pudong New Area relied on the legislative power granted by the central government, under the guidance of the municipal market supervision department, and combined with Pudong's actual situation, refined and improved the fair competition review rules, strengthened the rigid constraints of the system, and introduced the country's first fair competition review management measure - " "Several Provisions on Deepening Fair Competition Review in Pudong New Area" will be officially implemented on June 1. On May 31, Pudong held an announcement meeting on the implementation of "Several Regulations" to provide a detailed interpretation of the ministry's management measures.
The reporter learned that the fair competition review system implemented in my country in 2016 requires government departments to evaluate the impact of relevant policies and measures on market competition when formulating policies and measures involving the economic activities of operators, and to prevent obstacles and restrictions on fair competition from the source. Behavior.
Pudong issued the "Several Regulations" this time, which clarified the "full coverage" of fair competition review subjects and review objects, that is, the district's government departments, administrative offices, sub-district offices, and town governments, all formulating policies and measures involving the economic activities of operators , it is necessary to establish a fair competition review working mechanism and regard fair competition review as a necessary procedure for formulating policy measures. Specifically, each unit must carry out policies and measures before promulgating market access and exit, industrial development, investment promotion, government-enterprise cooperation, bidding, government procurement, business conduct regulations, qualification standards and other policies and measures involving the economic activities of operators. Fair competition review to ensure that there is no content that excludes or restricts competition. At the same time, each unit is required to clarify the responsible agency and review procedures, encourage the establishment of full-time positions for fair competition review, standardize self-review behavior, and policies and measures that have not been reviewed by fair competition should not be issued.
Set up "double insurance" of self-examination and centralized review
While requiring all policy-making agencies to strengthen self-examination, the "Several Provisions" optimize the centralized joint review process and expand the scope of joint review under self-examination, requiring that policies and measures within the scope of joint review should be submitted to the district market supervision bureau after self-examination. joint hearing. The scope of joint review has been expanded from the current two categories to five categories: first, policy measures to be formulated in the name of the district government or district government office; second, administrative normative documents to be formulated in the name of the department with the approval of the district government; third, those belonging to the district government Policies and measures for major administrative decision-making matters; fourth, policies and measures subject to special review procedures; fifth, other policies and measures that the District Market Supervision Bureau deems necessary to undergo joint review. By expanding the scope of joint reviews, competition authorities have continuously strengthened their supervision of the formulation of policies and measures and preventive measures during the process. If violations are discovered during the joint review, the drafting unit will make modifications and adjustments.
Guan Handong, deputy director of the Pudong New Area Market Supervision Bureau, said: As an important means of external supervision, expanding the scope of joint review and optimizing the joint review process are self-pressuring and self-motivating measures taken by Pudong New Area. "The District Market Supervision Bureau will conscientiously perform its joint review duties and contribute to cultivating new advantages in international competition and creating a more fair, transparent and predictable legalized business environment."
Clear review of key matters to prevent “common diseases”
The "Several Provisions" also focus on the current prominent issues reflected in the market, and set up special provisions to clarify key prevention and review matters to ensure that each policy-making agency has evidence to rely on when self-examination. For example, the "Several Provisions" stipulate that policies and measures shall not impose unreasonable restrictions on market exit, unreasonable restrictions on participation in bidding and government procurement, limit the qualifications of legal persons without basis, set up a directory to limit the scope of suppliers, or limit operators' payment Linking taxes to the arrangement of fiscal expenditures, etc., we strive to break regional blockades and industry monopolies, and create a good environment for all types of operators to participate in market competition fairly. In addition, the District Market Supervision Bureau has published a compilation of fair competition review cases for many years, collecting typical cases of fair competition review and administrative monopoly published by the State Administration for Market Regulation and other departments, and actively guiding fair competition review staff to more accurately grasp fair competition review standards. Strengthen the awareness of rules and allow various policy-making agencies in Pudong to establish a sense of fair competition review during the policy-making process to better stimulate market vitality.
Lu Xuecheng, deputy director of Pudong New Area, said that the promulgation of "Several Provisions" is another innovative measure for Pudong in the implementation of fair competition policy, which further strengthens the basic status of competition policy and will promote institutional opening up, deepen the construction of the leading district, and Optimize the business environment and inject new momentum. In the next step, Pudong New Area will continue to promote the update and optimization of the implementation details and lists of the "Several Provisions", strengthen work coordination between relevant functional departments and the interconnection and sharing of information and data, effectively promote the implementation of management measures, effectively maintain market competition, and actively serve and integrate into the national unified market to effectively promote high-quality economic development.
