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Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of Private Economy
Date: 2023-09-25 Source: 江苏埃森特科技发展集团有限公司 Click through volume: 372

The private economy is a new force to promote Chinese path to modernization, an important foundation for high-quality development, and an important force to promote China to build itself into a socialist modernization power in an all-round way and achieve the second century goal. To promote the development and growth of the private economy, the following opinions are proposed.


1、 Overall requirements


  Promote the growth, optimization, and strength of the private economy, make positive contributions to the new journey of comprehensively building a socialist modernized country, shoulder greater missions, shoulder heavier responsibilities, and play a greater role in the historical process of the great rejuvenation of the Chinese nation.


2、 Continuously optimizing the development environment of private economy


Build a high-level socialist market economy system, continuously optimize a stable, fair, transparent and predictable development environment, and fully stimulate the vitality of the private economy.


(1) Continuously breaking down market access barriers. Each region and department shall not set or indirectly set access barriers in the form of filing, registration, annual inspection, recognition, certification, designation, or requiring the establishment of branch offices. Clear and standardize the prerequisites and approval standards for administrative approval, licensing, filing and other government service matters. Government service matters shall not be converted into intermediary service matters. Without legal and regulatory basis, enterprises shall not be required to conduct self testing, inspection, certification, appraisal, public certification or provide proof before government service. Steadily carry out market access efficiency evaluation, establish a complaint and response mechanism for market access barriers, and improve the system for collecting and reporting typical cases.


(2) Fully implement the fair competition policy system. Strengthen the basic position of competition policy, improve the framework of fair competition system and policy implementation mechanism, and adhere to the principle of treating all types of enterprises equally and equally. Strengthen antitrust enforcement to prevent the abuse of administrative power and eliminate restrictions on competition. Without fair competition, operators shall not be granted franchise rights, and shall not limit the operation, purchase, or use of goods and services provided by specific operators. Regularly launch a negative list of market intervention behaviors, promptly clean up and abolish policies that hinder unified markets and fair competition, such as local protection, market segmentation, and designated transactions. Optimize and improve the implementation methods of industrial policies, establish a list of preferential policies for enterprises, and timely disclose it to the public.


(3) Improve the social credit incentive and constraint mechanism. Improve the credit information recording and sharing system, comprehensively promote the credit commitment system, and include commitment and performance information in credit records. Play the role of credit incentive mechanism to enhance the sense of gain for enterprises with good credit. Improve the credit constraint mechanism and impose penalties on responsible parties in accordance with the list of dishonest punishment measures in accordance with the law and regulations. Establish a sound credit repair mechanism for correcting dishonest behavior, and study and introduce relevant management measures. Improve the government's integrity and performance mechanism, establish and improve the record and punishment system for government dishonesty, and incorporate dishonest information such as breach of contract, overdue payments, and refusal to fulfill judicial judgments from government agencies and institutions into the national credit information sharing platform.


(4) Improve the market-oriented restructuring mechanism. Encourage private enterprises to activate their stock assets and recover funds. Adhere to precise identification and classification of policies, and actively apply bankruptcy reorganization and settlement procedures to enterprises that are in financial distress but still have development prospects and salvage value, in accordance with the principles of marketization and rule of law. Promote the revision of the Enterprise Bankruptcy Law and improve supporting systems. Optimize policies related to the conversion of individual industrial and commercial households to enterprises, and reduce conversion costs.


3、 Increase policy support for the private economy


Accurately formulate and implement various support policies, improve policy implementation methods, strengthen policy coordination, timely respond to concerns and interest demands, and effectively solve practical difficulties.


(5) Improve financing support policies and systems. Establish a market-oriented financing risk sharing mechanism involving multiple parties such as banks, insurance, guarantees, and securities firms. Establish a sound credit rating and evaluation system for small and medium-sized enterprises and individual businesses, strengthen the collection of credit information related to enterprises, and promote service models such as "Xinyi Loan". Support eligible private small and medium-sized enterprises to raise funds in the bond market, encourage eligible private enterprises to issue technology innovation corporate bonds, and promote the special support plan for private enterprise bond financing to expand coverage and enhance credit enhancement. Support eligible private enterprises to go public for financing and refinancing.


(6) Improve the mechanism for preventing and clearing overdue debts on a regular basis. Strictly implement the Regulations on Ensuring Payment of Funds for Small and Medium sized Enterprises, improve the long-term mechanism for preventing and resolving outstanding payments to small and medium-sized enterprises, and increase the accountability and punishment of responsible persons in accordance with laws and regulations. Government agencies, public institutions, and large enterprises shall not refuse or delay payment to small and medium-sized enterprises and individual businesses on the grounds of internal personnel changes, fulfillment of internal payment processes, or waiting for completion acceptance approval, final accounting audit, etc. in the absence of contractual provisions. Establish a system of regular disclosure, advice and guidance, and proactive law enforcement for outstanding debts. Strengthen the disclosure of commercial bill information and improve the credit constraint mechanism of the bill market. Improve the complaint handling and credit supervision mechanism for overdue payments, and strengthen the exposure of cases of malicious overdue payments. Improve the regular docking mechanism for clearing outstanding debts and auditing, supervision, and inspection systems.


(7) Strengthen the guarantee of talent and employment needs. Smooth channels for talent flow to private enterprises, and improve policy mechanisms for personnel management, archive management, and social security. Improve the professional title evaluation methods for private enterprises, facilitate the channels for professional title evaluation of private enterprises, and improve the professional title evaluation standards guided by market evaluation. Build a platform for connecting information on employment and job seeking for private enterprises and individual businesses. Vigorously promote school enterprise cooperation and integration of industry and education. Promote the construction of the workforce in private economy industries and optimize the career development environment. Strengthen the protection of the rights and interests of workers in flexible employment and new forms of employment, and leverage the role of platform enterprises in expanding employment.


(8) Improve the support policy for direct and fast access mechanisms. Give full play to the role of the direct access mechanism for fiscal funds, and promote the fast access of funds for enterprises. Increase the transparency of subsidy funds for enterprises and accept social supervision. Establish a support policy "no application, no enjoyment" mechanism for private small and medium-sized enterprises and individual businesses, promote the notification commitment system, and eliminate the requirement for duplicate provision of materials that relevant departments can extract through public data platforms.


(9) Strengthen policy communication and expected guidance. Fulfill the procedures for adjusting policies related to enterprises in accordance with the law and regulations, and set a reasonable transition period according to the actual situation. Strengthen the policy release and interpretation guidance directly targeting private enterprises and individual businesses. Support government departments at all levels to invite outstanding entrepreneurs to conduct consultations, and fully leverage the role of entrepreneurs in the formulation and evaluation of enterprise policies, plans, standards, and other aspects.


4、 Strengthening the Legal Guarantee for the Development of Private Economy


Establish a rule of law environment that provides equal protection for all types of ownership economies, and create favorable and stable expectations for the development of the private economy.


(10) Protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law. Prevent and correct the use of administrative or criminal means to intervene in economic disputes, as well as local protectionism in law enforcement and justice. Further standardize mandatory measures related to property rights, avoid exceeding authority, scope, amount, and time limit to seal, seize, and freeze property. For business related property that is not suitable for sealing, seizing, or freezing, while ensuring the normal conduct of investigation activities, relevant parties may continue to use it reasonably and take necessary measures to preserve and preserve it, in order to minimize the impact of investigation and handling on normal office work and legitimate production and operation. Improve the mechanisms for appeals and retrials of enterprise related cases, and establish effective prevention and normalized correction mechanisms for wrongful cases.


(11) Build a system and mechanism for preventing and governing corruption at the source of private enterprises. Introduce judicial interpretations and increase the punishment for corrupt behaviors such as embezzlement, misappropriation of funds, and bribery by employees of private enterprises in accordance with the law. Establish a sound mechanism for the recovery and disposal of property involved in the case. Deepen the compliance reform of the enterprises involved in the case and promote the compliant and law-abiding operation of private enterprises. Strengthen the governance of corruption at the source of private enterprises, and guide them to establish a strict audit supervision system and financial and accounting system. Fully leverage the role of party organizations in private enterprises, promote the strengthening of legal education in enterprises, and create a culture of integrity and integrity in the enterprise. Establish a corruption governance mechanism for private enterprises involving multiple stakeholders. Promote the construction of rule of law and clean private enterprises.


(12) Continuously improving the intellectual property protection system. Increase efforts to protect the original innovation of private small and medium-sized enterprises. Strictly implement systems such as punitive damages for intellectual property infringement and behavior preservation. Establish a rapid handling mechanism for intellectual property infringement and administrative non litigation enforcement, and improve the cross regional jurisdiction system of intellectual property courts. Research and improve intellectual property protection measures for innovative achievements such as business improvement and cultural creativity, and severely crack down on unfair competition behaviors such as infringement of trade secrets, counterfeiting and confusion, as well as illegal activities such as malicious trademark registration. Intensify the criminal crackdown on intellectual property infringement and criminal activities. Improve the guidance mechanism for responding to overseas intellectual property disputes.


(13) Improve the regulatory and law enforcement system. Strengthen the construction of regulatory standardization and standardization, publicly disclose regulatory standards and rules in accordance with the law, and enhance the stability and predictability of regulatory systems and policies. Improve regulatory fairness, standardization, and simplicity, eliminate selective law enforcement, and allow enterprises to self prove their innocence through supervision. Encourage cross administrative regions to jointly release unified regulatory policies, regulations, and standard specifications in accordance with regulations, and carry out coordinated law enforcement. According to the principle of combining education and punishment, we will implement law enforcement methods such as notification, reminder, and persuasion. Those who violate the law for the first time with minor consequences and make timely corrections will not be subject to administrative penalties in accordance with the law.


(14) Establish a sound long-term supervision mechanism for enterprise related fees. Continuously improve the government pricing system for enterprise related fee lists, conduct regular public disclosure, and accept supervision from enterprises and society. Smooth channels for complaints and reports of illegal fees related to enterprises, establish a standardized mechanism for sharing and transferring problem clues among departments, comprehensively implement joint punishment through market supervision, industry supervision, credit supervision, and other means, and publicly expose typical cases of illegal fees.


5、 Focus on promoting high-quality development of the private economy


Guide private enterprises to practice the new development concept, deeply grasp the existing shortcomings and challenges, transform the development mode, adjust the industrial structure, transform the growth momentum, adhere to the main business, strengthen the industry, and consciously take the path of high-quality development.


(15) Guide the improvement of governance structure and management system. Support and guide private enterprises to improve their corporate governance structure, regulate shareholder behavior, strengthen internal supervision, achieve standardized governance, effective checks and balances, and operate in compliance. Encourage private enterprises with conditions to establish and improve modern enterprise systems with Chinese characteristics. Promote the separation of corporate property from the personal or family property of investors in accordance with the law, and clarify the property rights structure of enterprises. Research and construct a risk assessment system and warning mechanism to provide early warning for situations that seriously affect enterprise operations and may trigger social stability risks. Support private enterprises to strengthen risk prevention management, guide the establishment of a comprehensive risk management system covering various fields such as enterprise strategy, planning, investment and financing, and market operation, and enhance quality management awareness and capabilities.


(16) Support the enhancement of technological innovation capabilities. Encourage private enterprises to continuously increase research and development investment, carry out key core technology research and development, and actively undertake major national scientific and technological projects in accordance with national strategic needs and industry development trends. Cultivate a group of private technology leading enterprises in key industries, specialized and innovative small and medium-sized enterprises, and characteristic industrial clusters of small and medium-sized enterprises with strong innovation capabilities. Intensify government procurement of innovative products, leverage the first insurance compensation mechanism, and support the iterative application of innovative products by private enterprises. Promote the integration and innovation of enterprises with different ownership systems, as well as large, medium and small enterprises, and carry out joint research and development of common technologies. Improve the management system and achievement transformation mechanism of higher education institutions and research institutes, mobilize their enthusiasm to support the innovative development of private small and medium-sized enterprises, and support private enterprises to cooperate with research institutions to establish innovation platforms such as technology research and development centers, industrial research institutes, pilot plant maturation bases, engineering research centers, and manufacturing innovation centers. Support private enterprises to strengthen basic and cutting-edge research and result transformation.


(17) Accelerate the promotion of digital transformation and technological transformation. Encourage private enterprises to carry out digital generic technology research and development, and participate in the investment, construction and application innovation of new infrastructure such as data centers and industrial Internet. Support the digital transformation of small and medium-sized enterprises, promote the promotion and application of low-cost, modular intelligent manufacturing equipment and systems. Guide private enterprises to actively promote standardization construction and improve product quality levels. Support private enterprises to increase their efforts in green and low-carbon transformation of production processes, equipment, and technology, accelerate the development of flexible manufacturing, enhance their emergency expansion and production capacity, and enhance the resilience of the industrial chain.


(18) Encourage the improvement of international competitiveness. Support private enterprises to base themselves on their actual situation and actively extend to the design and research and development of core components and high-end manufactured products; Strengthen brand building and enhance the reputation of "Made in China". Encourage private enterprises to expand overseas business, actively participate in the joint construction of the "the Belt and Road", orderly participate in overseas projects, comply with local laws and regulations and fulfill social responsibilities in going global. Better guidance and support for private enterprises to prevent and respond to external challenges such as trade protectionism, unilateralism, and "long arm jurisdiction". Strengthen departmental collaboration and cooperation, establish a risk prevention and resolution cooperation mechanism for the personal and property safety of private economic personnel overseas.


(19) Support participation in major national strategies. Encourage private enterprises to voluntarily expand employment and improve wage distribution systems to enhance the level of employees enjoying the fruits of enterprise development. Support private enterprises to invest in the development of labor-intensive manufacturing, equipment manufacturing, and ecological industries in the central, western, and northeastern regions, promote the accelerated development of revolutionary old areas and ethnic areas, and invest in the construction of border areas to promote the prosperity of the border and the people. Support private enterprises to participate in promoting carbon peak and carbon neutrality, provide carbon reduction technologies and services, increase investment in renewable energy generation and energy storage, and participate in carbon emission and energy use rights trading. Support private enterprises to participate in rural revitalization, promote the development of modern agriculture and animal husbandry as new agricultural operators and socialized service organizations, develop high-quality modern agricultural product processing industry, develop modern agricultural service industry according to local conditions, strengthen characteristic industries such as leisure agriculture and rural tourism, and actively participate in the "Ten Thousand Enterprises, Ten Thousand Villages" action. Support the participation of private enterprises in comprehensively strengthening infrastructure construction, guide private capital to participate in major projects such as new urbanization, transportation and water conservancy, and fill gaps in the field of construction.


(20) Standardize and guide the healthy development of private capital in accordance with the law. Establish a sound legal system to regulate and guide the healthy development of private capital, set up "traffic lights" for capital, improve the rules of capital behavior system, and concentrate on launching a batch of "green light" investment cases. Comprehensively enhance the efficiency of capital governance, enhance capital regulatory capacity, and modernize the regulatory system. Guide the development of the platform economy towards openness, innovation, and empowerment, fill the gaps and weaknesses in development, support platform enterprises to demonstrate their skills in creating employment, expanding consumption, and international competition, and promote the standardized, healthy, and sustainable development of the platform economy. Encourage private enterprises to focus on strengthening and optimizing their main businesses, and enhance their core competitiveness.


6、 Promoting the healthy growth of private economy professionals


Fully implement the principles of trust, unity, service, guidance, and education, stabilize, inspire, and unite people's hearts with practical measures, and guide private economic personnel to promote entrepreneurial spirit.


(21) Establish a sound mechanism for the ideological and political construction of private economic professionals. Actively and prudently carry out the work of developing party members among advanced representatives of the private economy. Deepen the education of ideals and beliefs and socialist core values. Education guides party members among private economic personnel to firmly uphold their ideals and beliefs, play a pioneering and exemplary role, and resolutely implement the party's theories, line, principles, and policies. Actively explore and innovate the Party building work methods in the field of private economy.


(22) Cultivate and promote the entrepreneurial spirit. Guide private entrepreneurs to enhance their patriotism, be brave in innovation, be honest and law-abiding, assume social responsibility, expand their international perspective, dare to take risks, and continuously stimulate innovation vitality and creative potential. Give full play to the exemplary role of outstanding entrepreneurs, increase the selection and commendation efforts in accordance with regulations, vigorously cultivate entrepreneurial spirit in the private economy, and timely summarize and promote the growth experience of entrepreneurs with Chinese characteristics and in line with the trend of the times.


(23) Strengthen the construction of the representative team of private economy. Optimize the structure of the representative team for private economy, improve the selection mechanism, take into account different regions, industries, and scale enterprises, and appropriately tilt towards strategic emerging industries, high-tech industries, advanced manufacturing, modern service industries, modern agriculture, and other fields. Standardize political arrangements, improve relevant comprehensive evaluation systems, and prudently recommend outstanding private economic personnel as candidates for National People's Congress and CPPCC members at all levels. Give full play to the role of the Federation of Industry and Commerce as the main channel for orderly political participation of private economic personnel. Support representatives of the private economy to play a greater role in international economic activities and organizations.


(24) Improve the education and training system for private economic personnel. Improve the mechanism for specialized training and learning seminars for private economic personnel, and further increase the intensity of education and training. Improve the training system for private small and medium-sized enterprises, and build a training system that combines multiple fields and levels, both online and offline. Strengthen the hierarchical training of private economic personnel, establish and improve the system of mentoring and guidance for the younger generation of private economic personnel, and promote the handover and orderly inheritance of new and old careers.


(25) Comprehensively build a pro Qing political business relationship. To put the construction of a pro Qing political business relationship into practice, party and government officials and private entrepreneurs should establish a new type of political business relationship that is pro Qing and unified in both directions. Leaders and cadres at all levels should openly and sincerely engage with private entrepreneurs, take the initiative and serve them, solve problems and do practical things for private enterprises and entrepreneurs in accordance with the law and regulations, maintain the bottom line of communication, prevent risks of integrity, and be close and moderate, clear and proactive. Private entrepreneurs should actively communicate and exchange ideas with party committees, governments, and departments at all levels, speak the truth, speak the truth, and offer constructive suggestions. They should follow the right path, abide by laws and regulations, and operate their businesses openly and honestly.


7、 Continuously creating a social atmosphere that cares about promoting the development and growth of the private economy


Guide and support the private economy to fulfill its social responsibility, demonstrate a good image, better interact with public opinion, and create a good social atmosphere of correct understanding, full respect, and active concern for the private economy.


(26) Guide the whole society to objectively, correctly, and comprehensively understand the private economy and its professionals. Strengthen theoretical research and publicity, adhere to seeking truth from facts, objectivity and fairness, grasp the correct direction of public opinion, guide society to correctly understand the significant contributions and important roles of the private economy, and correctly view the wealth obtained by private economic personnel through legal and compliant operations. Resolutely resist and promptly refute erroneous statements and practices that question the basic socialist economic system, deny and weaken the private economy, and respond to concerns and dispel them in a timely manner.


(27) Cultivate a public opinion environment that respects innovation and entrepreneurship in the private economy. Strengthen publicity and reporting on the advanced deeds of outstanding entrepreneurs, accelerate the construction of world-class enterprises, gather positive energy for advocating innovation and entrepreneurship, and enhance the sense of honor and social value of entrepreneurs. Create a public opinion environment and era atmosphere that encourages innovation and tolerates failure, and provide understanding, tolerance, and assistance to the mistakes and failures that occur in the legitimate operation of private economic personnel. Establish a departmental collaboration mechanism, strictly crack down on extortion and other behaviors using negative public opinion as a threat in accordance with the law, improve relevant reporting mechanisms, and reduce the cost of enterprise rights protection.


(28) Support private enterprises to better fulfill their social responsibilities. Education guides private enterprises to consciously shoulder the social responsibility of promoting common prosperity, actively build harmonious labor relations within the enterprise, promote the construction of a community of interests for all employees, and make the development achievements of the enterprise more equitable and beneficial to all employees. Encourage and guide private entrepreneurs to become practical practitioners of development and contributors to the new era, realizing their personal values at a higher level, and presenting a good image of abiding by laws and social ethics to the whole society, achieving wealth and responsibility, wealth and righteousness, and wealth and love. Explore the establishment of a social responsibility evaluation system and incentive mechanism for private enterprises, guide them to actively engage in glorious causes and public welfare charity undertakings, participate in emergency relief, and support national defense construction.


8、 Strengthen organizational implementation


(29) Adhere to and strengthen the leadership of the Party. Adhere to the centralized and unified leadership of the Party Central Committee over private economic work, and implement the Party's leadership in all aspects of the entire work process. Adhere to the correct political direction, establish and improve the mechanism for the development of private economy and private enterprises, clarify and consolidate departmental responsibilities, strengthen coordination and cooperation, and strengthen central and local linkage. Support the Federation of Industry and Commerce to play a better role in promoting the healthy development of the private economy and the healthy growth of private economic personnel.


(30) Improve and implement incentive and constraint mechanisms. Strengthen the supervision and implementation of policies that have been introduced, with a focus on promoting the development and growth of the private economy, protecting property rights, promoting entrepreneurial spirit, and improving the evaluation and supervision system. Establish a sound platform for complaints and rights protection in the private economy, improve the confidentiality system, handling procedures, and supervision and assessment mechanisms for complaints and reports.


(31) Timely summarize and evaluate. Conduct a special evaluation and review of policies related to private economy in the assessment of consistency with macroeconomic policy orientation. Improve the evaluation system for China's business environment and establish a third-party evaluation mechanism for policy implementation effectiveness. Strengthen the statistical monitoring and evaluation of the private economy, and if necessary, study and compile a unified and standardized index for the development of the private economy. Continuously innovating and developing the "Jinjiang Experience", timely summarizing and promoting good experiences and practices in various regions, and solidifying effective experiences and practices in appropriate forms.