(Adopted at the 21st Meeting of the Standing Committee of the 13th People's Congress of Henan Province on November 28, 2020)

Chapter I General provisions

　　Article one　In order to optimize the business environment, safeguard the legitimate rights and interests of market players, stimulate market vitality, and promote high-quality economic and social development, these Regulations are formulated in accordance with the Civil Code of the People's Republic of China, the Regulations on Optimizing the Business Environment of The State Council and other laws and administrative regulations, and in light of the actual conditions of this province。

　　Article 2　These Regulations shall apply to the work of optimizing the business environment within the administrative areas of this province。

　　The term "business environment" as used in these Regulations refers to the institutional and institutional factors and ecological, cultural, urban and other environmental conditions involved in the market economic activities of enterprises, individual industrial and commercial enterprises and other market entities。

　　Article 3　Optimizing the business environment should adhere to the principles of marketization, rule of law, internationalization and facilitation，Guided by the needs of market players，With the least approval, the best process, the best system, the most active mechanism, the highest efficiency, the best service as the goal，Optimize the market environment，Improve government services，Strengthen legal guarantee，We will foster a sound business environment that is secure, stable, unified, open, transparent, fair and equitable, convenient and predictable for all types of market players。

　　Article 4　State organs at all levels and their staff should publicize and implement relevant policies, treat market players equally, take the initiative to provide efficient services, strictly regulate law enforcement and judicial behaviors, organize and promote economic and trade activities, abide by the law and fulfill commitments, implement the system of contact with enterprises, listen to the opinions of enterprises, and help enterprises solve problems。

　　State organs at all levels and their functionaries shall not increase the burden on enterprises in the work of business environment;No abuse of power;No lazy administration;No discrimination against private enterprises;Shall not ignore the demands of enterprises;Shall not accept property or property from enterprises;Shall not interfere with the business activities of the enterprise;No illegal interference in economic disputes;A new official cannot ignore an old one。

　　Article 5　People's governments at all levels shall strengthen the organization and leadership of the work of optimizing the business environment, establish a coordination mechanism for optimizing the business environment, coordinate and promote the work of optimizing the business environment, and coordinate and solve major problems in optimizing the business environment in a timely manner。

　　The development and reform departments of the people's governments at or above the county level are responsible for the work of optimizing the business environment, and are responsible for guiding, organizing, coordinating and supervising the work of optimizing the business environment, timely accepting and supervising the appeals related to the business environment, and investigating and dealing with illegal acts that damage the business environment according to the division of responsibilities。

　　Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in optimizing the business environment。

　　Article 6　Supervisory commissions at all levels should strengthen supervision over the work of optimizing the business environment, support the healthy development of market players, ensure the implementation of policies related to optimizing the business environment, and promote the building of a new type of friendly and clean relationship between government and business。

　　People's courts, people's procuratorates and public security organs at all levels shall protect the legitimate rights and interests of all types of market entities, resolve disputes in a timely manner, and maintain an equal and orderly business environment。

　　Article 7　To optimize the business environment, we should adhere to the principles of equal rights, equal opportunities and equal rules, and treat all types of market players equally。

　　Market players enjoy the right to equal status and fair competition, their personal rights, property rights, autonomy in business and employment are protected by law, and they have the right to complain and report violations of their legitimate rights and interests。

　　Market entities shall abide by laws and regulations as well as social ethics and business ethics, be honest and trustworthy, undertake social responsibilities such as conserving resources, protecting the ecological environment, ensuring production safety and safeguarding the rights and interests of consumers, and consciously accept government management and social supervision。

　　Article VIII　People's governments at all levels, relevant departments and the news media shall, through government websites, radio, television, newspapers, magazines and other Internet media, publicize policies and measures to optimize the business environment and advanced models, promote honesty, credit and the spirit of contract, and create a good public opinion atmosphere for business。

　　The ninth article　People's governments at or above the county level and their relevant departments shall establish convenient and unimpeded channels to accept complaints and reports concerning the business environment。

　　People's governments at or above the county level shall establish an evaluation and incentive mechanism for optimizing the business environment, and may commend and reward units and individuals that have made outstanding achievements in optimizing the business environment in accordance with regulations。

The second chapter optimizes the market environment

　　Article ten　All kinds of market entities shall enjoy equal market access rights in accordance with the law within the administrative areas of this province。In addition to the national negative list for market access, people's governments at all levels and relevant departments may not formulate a separate negative list of the nature of market access, and may not formulate policies and measures that discriminate against non-public market entities。

　　People's governments at all levels and relevant departments may not restrict or in disguised form restrict non-local market entities from engaging in local production and business activities, and may not restrict non-local commodities and services from entering the local market。

　　The province implements the management system of pre-establishment national treatment plus negative list for foreign investment。Areas outside the negative list for foreign investment access shall be managed in accordance with the principle of consistency between domestic and foreign investment。

　　Article 11　People's governments at all levels and relevant departments shall protect the autonomy of market entities in operation in accordance with law。No unit or individual may interfere in matters that should be independently decided by market entities in accordance with the law。

　　Article 12　No unit or individual may impose any form of assessment on market entities, encroach on their lawful property, infringe upon their lawful rights and interests, or interfere with their normal production and business activities。

　　Article 13　People's governments at all levels and relevant departments shall promote market-oriented reform of factors of production such as land, labor, capital, technology and data, improve the operating mechanism of factor markets, improve the trading rules and service system of factor markets, promote the independent and orderly flow of factors of production, increase the efficiency of factor allocation, and stimulate the creativity and vitality of market players。

　　People's governments at all levels and relevant departments shall, in accordance with the law, ensure that all types of market entities equally apply national and provincial policies supporting development, have equal access to various production factors and public service resources such as land, labor, capital, technology, data and other natural resources, and participate in market competition fairly。

　　People's governments at all levels and relevant departments shall treat all types of market players equally in accordance with the law in terms of government fund arrangement, land supply, tax and fee reduction, qualification licensing, standard formulation, project application and title evaluation, and shall not formulate or implement discriminatory policies and measures。

　　Article 14　People's governments at or above the county level shall establish and improve a coordination mechanism for fair competition, strictly implement the review system for fair competition, crack down on market monopolies and acts that interfere with fair competition in accordance with the law, and create a market environment for fair competition。

　　Article 15　People's governments at or above the county level and development and reform, finance, state-owned assets and other departments shall implement the relevant policies of the State on mixed-ownership enterprises，For mixed ownership enterprises，Establish a governance mechanism and supervision system different from that of wholly state-owned or wholly owned companies;Mixed-ownership enterprises that no longer have absolute control over state capital，Implement a more flexible and efficient regulatory system，We will give full play to the role of shareholders' meetings and boards of directors in accordance with the law，To maximize the motivation and vitality of mixed-ownership enterprises。

　　Article 16　People's governments at or above the county level and their relevant departments shall organize and carry out activities of financing service docking between financial institutions and small and medium-sized enterprises。Encourage financial institutions to provide financing, settlement and other financial services for small and medium-sized enterprises, implement the relevant policies of the state and the province on financial support for small and medium-sized enterprises, and increase the scale and proportion of credit to small and medium-sized enterprises。

　　The people's governments of provinces and cities divided into districts shall establish policy-based financing guarantee funds for small and medium-sized enterprises, establish and improve financing guarantee systems, and provide credit enhancing services for financing of small and medium-sized enterprises。Where conditions permit, people's governments at or above the county level may establish policy-based financing guarantee funds for small and medium-sized enterprises。

　　Article 17　People's governments at or above the county level and relevant departments shall support the construction of a multi-level capital market，Support eligible enterprises to go public to raise funds and issue bonds，Expand the scale of direct financing;Support regional equity markets and commodity futures trading markets to provide smes with comprehensive financial services such as registration, custody, listing, transfer and financing of equity, creditor's rights, warehouse receipts and other equity assets。

　　The people's governments of provinces and cities divided into districts may set up venture capital guidance funds to encourage all kinds of institutional investors and individuals to set up corporate and partnership venture capital enterprises in accordance with law。

　　Article 18　Financial institutions actively develop new financial products and services，Expand the scope of collateral or pledge，Abundant credit guarantee financing and vehicles and ships, production equipment, raw materials, semi-finished products, products, accounts receivable, intellectual property rights and other laws do not prohibit the mortgage, pledge of movable property and rights guarantee financing，Financing services for small and medium-sized enterprises。

　　Article 19　Commercial banks should maintain the same loan interest rates and loan conditions for market entities under the same application conditions, and should not set discriminatory provisions for loan approval for small and medium-sized enterprises and other market entities。

　　Commercial banks should standardize their services and charging behaviors, disclose to the public the service standards, tariff standards and handling time limits for opening enterprise accounts, and shall not collect service fees from market players in violation of regulations, and shall not transfer fees that should be borne by financial institutions in accordance with the law。

　　Article 20　Financial regulatory authorities should guide and supervise financial institutions to support and serve the development of smes, improve the regulatory assessment and incentive mechanism for financial institutions, improve the credit due diligence exemption mechanism, and promote the implementation of regulatory policies on the tolerance of non-performing loans assessment of smes in the internal performance assessment。

　　Financial regulatory departments shall promptly investigate and punish commercial banks and other financial institutions when providing financing services such as loans to market entities by transferring loans to deposits, linking deposits to loans, and forcing the sale of insurance and financial products。

　　Article 21　Public enterprises and institutions such as water supply, power supply, gas supply, heating, drainage, sewage treatment, communications, postal service, shall disclose the scope of service, service standards, service processes, handling time limits, tariff standards and other information, and promote the use of the Internet to provide online consultation, installation, inquiry, payment, repair and other services。Market entities may not be forced to accept unreasonable service conditions and may not be charged unreasonable fees in any name。

　　Public enterprises and institutions are encouraged to provide whole-process agency services for market entities, optimize the handling process, simplify the application materials, reduce the application time limit, in the case of complete materials, it should be completed within five working days from the date of application, water supply, gas supply, low-voltage user power supply, and heating within eight working days。

　　Article 22　The relevant departments of natural resources and planning, housing and construction, public security, municipal affairs, landscaping and transportation of the people's governments at or above the county level shall optimize the administrative examination and approval process related to water, electricity and heat, implement parallel examination and approval, improve the examination and approval efficiency, and provide convenience for public enterprises and institutions to serve the people。

　　Article 23　The chamber of commerce of trade associations shall strengthen the self-discipline of the industry, reflect the demands of the industry, resolve disputes in the industry, and safeguard the legitimate rights and interests of members。

　　Market entities enjoy the right to join and withdraw from trade associations and chambers of commerce independently according to law。No unit or individual may force or force in disguised form market entities to join or withdraw from the association。

　　The trade association Chamber of Commerce and its staff shall not engage in the following acts:

　　(1) organizing market entities to enter into monopoly agreements to exclude or restrict competition;

　　(2) There is no legal or regulatory basis, forcing or disguised force market entities to participate in evaluation, standards, commendation, training, assessment, examination and other activities;

　　(3) Illegally collecting fees from market entities or forcing market entities to donate, sponsor, and other disguised fees。

　　Article 24　People's governments at or above the county level shall, according to law, regulate intermediary services for administrative examination and approval, and compile and publish lists of intermediary services for administrative examination and approval。

　　In the process of administrative examination and approval, an administrative organ shall not engage in the following acts:

　　(1) Set up intermediary services for matters that can be resolved by soliciting opinions from relevant departments and strengthening supervision during and after the event;

　　(2) to set up intermediary services for matters that market entities can complete on their own according to requirements;

　　(3) converting existing or cancelled administrative examination and approval items into intermediary services;

　　(4) Splitting an intermediary service into multiple links;

　　(5) To designate or designate in disguised form an intermediary service agency。

　　Market entities have the right to independently choose intermediary service agencies。

　　Article 25　People's governments at all levels and relevant departments shall maintain the continuity and stability of their policies,Perform contracts concluded with market entities in accordance with the law，Fulfill the preferential terms promised in written form such as meeting minutes, replies and documents，It shall not use the change of government, the adjustment of relevant responsible persons or the adjustment of local government policies as an excuse for non-performance or non-fulfillment，Or delay in performance or cash。

　　Where, as a result of the responsibility of the people's governments at various levels and relevant departments, the contract concluded according to law is not performed, not fully performed or delayed, or the promised preferential terms are not fulfilled or delayed, and losses are caused to market entities, compensation shall be made。

　　Article 26　No state organ at any level shall, in violation of the contract, default on the payment of goods, projects, services, etc., to the market entity。

　　Where state organs at various levels are in arrears of accounts owed to market entities, and the market entities apply to the people's courts for compulsory execution, the people's courts shall enforce the payment according to law。

　　Market entities have the right to demand the defaulting party to compensate for the losses caused by default。

The third chapter optimizes the government environment

　　Article 27　People's governments at all levels and relevant departments shall enhance their awareness of service, improve their service functions, change their work styles, and provide standardized, convenient and efficient government services to market entities。

　　Article 28　This province should promote the standardization of government services。The provincial people's government shall organize the compilation and promulgation of the unified catalogue of government affairs services at all levels of the province, as well as its standardized work flow and service guidelines, and shall make timely adjustments。The relevant administrative organs shall not independently establish and implement government affairs services that are not included in the list。

　　The guidelines shall clarify the acceptance units of government services in accordance with the law, setting basis, handling conditions, application materials, handling procedures, review standards, completion time limits, charging standards, contact information, complaint channels and acceptance of capacity, inform commitments and other content。

　　Conditions for the handling of government services shall not contain other, related, and other vague provisions;The relevant departments may not require market entities to provide materials other than the guidelines。

　　Article 29　The people's government at or above the county level and its relevant departments shall clear up the certification items, and publish a list of the certification items that really need to be retained, specifying the basis for setting up, issuing units, handling guidelines, etc。

　　Mutual recognition and sharing of certificates should be strengthened among all localities and departments to avoid repeated requests for certificates。If it is necessary for the relevant departments and units to cooperate with the review in the work, it shall be solved by inter-departmental correspondence and other convenient means。

　　Article 30　The relevant departments of the provincial people's government shall compile and publish the catalogues of government-managed funds and additional funds, enterprise-related deposits, enterprise-related administrative charges and business service charges subject to government pricing。The directory list is dynamically adjusted。Government-managed funds and deposits related to enterprises shall be collected in accordance with the lower limit standards。We will promote the use of letters of guarantee and insurance instead of cash to pay deposits for enterprises involved。

　　No fees other than those listed in the catalogue shall be charged for the implementation of administrative management or the provision of public services, and no one shall arbitrarily raise the fee standards。

　　The deposit collected in accordance with laws and regulations shall be returned in accordance with the prescribed time limit and procedures after the completion of the guarantee items or the disappearance of the cause of the guarantee。

　　Article 31　The trading of public resources shall be subject to catalogue management。The listed public resources trading items shall enter the public resources trading platform。The provincial public resources trading platform shall have unified rules, open and transparent, efficient services, and standardized supervision, and realize the whole process of electronic trading。

　　The administrative departments of public resource trading of the people's governments at or above the county level shall, together with relevant departments, strengthen the supervision of public resource trading, improve the mechanism for preventing transaction risks, standardize transaction behaviors, and improve the level of transaction supervision。Public resources trading rules, processes, announcements, procedures, publicity, results, supervision, credit and other information, to ensure that all types of market players timely access to relevant information, equal participation in trading activities。

　　Public resource trading service institutions of the people's governments at or above the county level shall strengthen internal management, improve platform functions, improve service capabilities, and provide fair, high-quality and efficient services to various market entities in accordance with the law。

　　Article 32　Tendering and bidding shall be conducted in accordance with the law, adhering to the principles of openness, fairness, justice, honesty and good faith, and bidding bidding, joint bidding, accompanying bidding and private bidding are prohibited.Bidding at an abnormally low price that may affect the performance of the contract is prohibited;Public officials are prohibited from illegally interfering in bidding activities。

　　People's governments at or above the county level and their relevant departments shall improve the system of supervision and information disclosure of bidding and tendering, and implement electronic bidding and tendering。

　　Article 33　The financial departments of the people's governments at or above the county level and the state organs, institutions and people's organizations at all levels that carry out government procurement in accordance with the law shall implement policies to promote the development of small and medium-sized enterprises in government procurement, provide convenience for small and medium-sized enterprises to carry out government procurement related business, and timely disclose information such as government procurement projects in accordance with the law。

　　Article 34　The administrative examination and approval organ shall implement a commitment system for handling government service matters, and the matters applicable to the commitment system, handling conditions, standards, and procedures shall be made public;Matters involving state security, public safety and the life and health of the people shall be excluded。

　　The administrative examination and approval organ may implement administrative examination and approval in the form of notification commitment for the administrative examination and approval items that can pass credit commitment, in-process and post-event supervision, and the risks are controllable。Where the commitment meets the conditions for handling, it shall be handled directly and a decision shall be made。

　　Article 35　The administrative examination and approval system shall be adopted。Where the main application materials for the items subject to examination and approval are complete and in accordance with the legal form, and only minor materials are lacking, the administrative examination and approval organ shall first accept the application, and inform the applicant of the supplementary materials and the deadline for submission in one time。

　　The administrative examination and approval organ shall make public the applicable matters, missing materials and handling conditions for the acceptance。

　　Article 36　The provincial people's government shall establish a comprehensive government service hall and implement centralized government service。

　　The municipal and county people's governments shall standardize the comprehensive government service halls and implement centralized government service。The administrative examination and approval authority shall be stationed in the government affairs service hall, and the administrative examination and approval items shall be centralized in the government affairs service hall。

　　Government services will be provided through one window。Government service agencies shall establish a comprehensive service window in accordance with the mode of enterprises and individuals handling one thing, and implement a one-window service mode of comprehensive reception at the front desk, classified approval at the back office, and unified window delivery。

　　The staff of the government service window shall accept the applications that meet the conditions, and provide high-quality and efficient services, and shall not limit the number of applications during working hours。

　　Article 37　We will implement the one-network administration of government services。The provincial people's government should optimize the province's integrated online government service platform and optimize government services through computer, mobile terminal, self-service terminal and other channels。Provincial government service matters shall be incorporated into the integrated online government service platform in accordance with regulations。

　　The relevant departments of the provincial people's government and the municipal and county people's government's government service platforms shall be interconnected to achieve cross-regional, cross-departmental and cross-level government data sharing and business collaboration。

　　People's governments at or above the county level and their relevant departments shall strengthen the management of the whole process of using shared data, ensure the security of shared data, and protect personal privacy, personal information and business secrets。

　　Article 38　The government affairs service hall of the people's government at or above the county level and the integrated online government affairs service platform shall have the same standards for handling government affairs services。

　　People's governments at or above the county level shall achieve full coverage of one-window and one-netcom operations。Where conditions are met, market entities have the right to independently choose channels for handling government services, and administrative organs may not restrict them。

　　Article 39　The relevant departments of the people's governments at or above the county level shall simplify the procedures for the establishment of enterprises and optimize the services for the establishment of enterprises, such as enterprise registration, engraving of official seals, applying for invoices, social security registration and opening bank accounts。

　　The relevant department of the people's government at or above the county level shall immediately handle the establishment of an enterprise under a general business project if the applicant submits complete materials;If it cannot be done immediately, it shall be done within one working day。

　　Article 40　Electronic signatures, electronic seals, electronic licenses, and electronic archives that comply with the provisions of the law have the same legal effect as handwritten signatures, physical seals, paper licenses, and paper archives, and can be used as materials for handling government services。

　　People's governments at or above the county level and their relevant departments shall strengthen the mutual trust, mutual recognition, promotion and application of electronic signatures, electronic seals, electronic licenses and electronic archives in the fields of government services and community affairs acceptance。

　　Article 41　The provincial people's government shall establish a unified list of investment approval items and declaration materials in the province，We will strengthen the application of online approval and supervision platforms for investment projects，Non-secret-related investment approval matters are uniformly handled through the provincial investment project online approval and supervision platform，The relevant departments of the people's governments at all levels shall examine and approve investment approval items in parallel，Improve examination and approval efficiency。

　　Article 42　The relevant departments of the provincial people's government shall improve the construction project approval management system, and realize the data docking and synchronous sharing with the relevant platform system。

　　We will comprehensively implement graded and classified management of construction projects，Under the premise of ensuring quality and safety，Small low-risk construction projects for social investment，The government departments shall issue unified project scope and commencement conditions for enterprises，The project unit shall make relevant commitments after acquiring the land and meeting the conditions for commencement，Government departments directly issue relevant certificates，Project ready to start，The approval time of the whole process from project approval to real estate registration shall not exceed 15 working days。

　　Article 43　In all kinds of new districts, development zones, free trade pilot zones, experimental zones and other areas，The administrative committee of the Park or the people's government to which it belongs shall organize a unified regional assessment of land survey, mineral compaction, geological disasters, soil and water conservation, cultural relics protection, flood impact, seismic safety, climate feasibility and other matters，Construction projects within the region will no longer be evaluated separately。The regional assessment fees shall be borne by the local people's governments or various park administrative committees。

　　Article 44　People's governments at or above the county level shall establish a mechanism for information sharing among departments of real estate registration, development and reform, public security, taxation, housing and market supervision。

　　Real estate registration agencies providing offline services should include housing transactions, tax payments and other matters into the real estate registration comprehensive service window, the implementation of registration, transaction, tax payment one window acceptance, parallel processing, processing time for one working day, not more than three working days。

　　Real estate registration agencies and public enterprises and institutions, financial institutions, etc., should realize the sharing of information related to real estate registration, and realize the linkage management of transfer and establishment services involving water, electricity, heat, radio, television and communication, etc., and relevant public enterprises and institutions should cooperate with each other。

　　Article 45　Tax authorities shall implement preferential tax policies prescribed by the state, ensure that market entities enjoy tax reduction, exemption and export tax refund in accordance with the law, and ensure that preferential tax policies benefit market entities in a comprehensive and timely manner。

　　Article 46　Accelerate the expansion of the single window function of China (Henan) international trade from port customs enforcement to port logistics, trade services and other whole chains，To provide the applicant with import and export goods declaration, means of transport declaration, tax payment, trade license and certificate of origin application and other full-process electronic services，We will promote cross-border e-commerce, trade finance, credit insurance, export tax rebates, smart logistics and other applications with local characteristics。Promote the docking of declaration interfaces with other specialized platforms, promote information interconnection, and facilitate enterprises to carry out cross-border business。

　　The system of publicity of the port charge catalogue list shall be implemented, and each charge subject shall disclose the charge items, the charge scope, the charge standard, and the pricing method in a single window, so as to realize the online disclosure and online inquiry of the charge standards of freight stations, freight forwarders, and cargo tally。The departments of finance, development and reform, transportation, commerce and market supervision of the provincial people's government shall strengthen the administration of port charges。

　　Article 47　People's governments at or above the county level may establish a unified, open and organic response platform for enterprise demands, so that complaints will be answered, questions will be answered, and difficulties will be helped。The relevant departments involved in the enterprise shall promptly accept, settle and give feedback within a limited time。

The fourth chapter optimizes the legal environment

　　Article 48　State organs should legislate scientifically, strictly enforce the law, supervise and administer justice in accordance with the law, strictly regulate the performance of their duties, protect the legitimate rights and interests of market players, and create a fair and just legal environment。

　　Article 49　When state organs formulate laws and regulations related to market entities and normative documents involving the rights and obligations of market entities, they shall listen to the opinions of market entities, industry associations and chambers of commerce and other self-regulatory bodies, and publish them according to law。

　　State organs shall standardize and improve the filing and review system of normative documents in accordance with the law, and the departments responsible for filing and reviewing the normative documents shall conduct a unified review, and instruct the formulation units to correct or cancel the problems found in time。

　　Article 50　State organs shall strengthen the publicity of laws, regulations, rules and normative documents。We will implement the legal responsibility system for those who enforce the law。

　　The enacting organ shall publicize and interpret the local regulations, government rules and normative documents concerning the streamlining of administration, tax reduction, fee reduction, project declaration and fund subsidies involving market entities through press conferences, media interviews, reporters' questions, online interviews and other forms。

　　The competent department of optimizing the business environment of the people's government at or above the county level shall set up a column on the government portal website to collect, collate and timely update the laws, regulations, rules, normative documents and various policies and measures related to the construction of the business environment。The formulation organ shall timely push the formulated and revised normative documents, policies and measures to the business environment column。

　　Article 51　Local regulations, government rules and normative documents，It shall be formulated, amended, interpreted, and repealed in accordance with the needs of comprehensively deepening reform, economic and social development, and the upper Law，Local regulations, government rules and regulatory documents related to the economic activities of market entities will be reviewed in a timely manner，If any problem is found, it shall be amended or abolished in time，The results of the liquidation shall be made public in a timely manner。

　　Article 52　The relevant departments of the people's governments at or above the county level shall, in accordance with the law, compile a list of regulatory matters, clarify the regulatory authorities, matters, objects, measures, setting basis, process, results, levels, etc., implement dynamic management and regularly announce to the public, strengthen the supervision of market players, and achieve full coverage of supervision。

　　Article 53　Administrative law enforcement organs shall implement the system of public disclosure of administrative law enforcement, records of the whole process of administrative law enforcement and legal review of major administrative law enforcement decisions, and promote strict, standardized, fair and civilized administrative law enforcement through assessment, regular reporting, coordination and guidance, law enforcement data sharing and other means。

　　Article 54　Administrative law enforcement organs shall standardize and refine the standards for the discretion of quantitative administrative penalties according to law, eliminate the arbitrariness of law enforcement, and shall not impede the normal production and business activities of enterprises, so as to improve the standardization and credibility of administrative law enforcement。

　　Administrative law enforcement organs shall not impose administrative penalties on market entities where the circumstances of their illegal acts are minor and corrected in time without causing harmful consequences;Where the circumstances of an illegal act of a market entity are relatively minor and they can take the initiative to eliminate or mitigate the harmful consequences of the illegal act, they shall be ordered to make corrections and be given a lighter or mitigated administrative penalty。

　　Article 55　We will improve and refine the rules governing the creation, use, trading and protection of intellectual property rights, and implement the system of punitive damages for intellectual property infringement。Relevant departments of intellectual property rights of the people's governments at or above the county level shall improve the fast track for reporting, complaining and safeguarding intellectual property rights, establish a diversified settlement mechanism for intellectual property disputes, promote rapid mediation of intellectual property disputes, and fully protect the legitimate rights and interests of intellectual property rights holders。

　　The intellectual property department shall establish an overseas emergency assistance mechanism for enterprises, encourage and guide enterprises to establish a patent early warning system, support associations and intellectual property intermediaries to provide enterprises with emergency assistance for overseas intellectual property disputes and emergencies, and escort the innovation and development of enterprises。

　　Article 56　The people's governments at or above the county level and the competent judicial administrative departments shall accelerate the construction of the public legal service system，Integrate lawyers, grassroots legal services, notarization, judicial expertise, people's mediation, arbitration and other legal service resources，To provide market entities with legal advice, legal aid and legal relief services，We will guide and help market entities protect their rights in accordance with the law。

　　Article 57　Supervisory commissions, people's courts, people's procuratorates and public security organs at all levels shall equally protect the personal rights of operators engaged in market activities in accordance with the law。Where the legal representative, the main management personnel and the actual controller of the market entity take lien measures to restrict personal freedom and other compulsory measures, the boundary between violation of discipline and violation of law, economic disputes and economic crimes shall be strictly distinguished, and the necessity of taking compulsory measures and the criteria for the punishment of economic illegal acts shall be strictly grasped。

　　Establish and improve mechanisms for effective prevention and regular correction of wrongful convictions involving market entities。

　　Article 58　Supervisory commissions, people's courts, people's procuratorates and public security organs at all levels shall equally protect the property rights of market entities in accordance with the law。It is necessary to seize, seize, freeze and other measures of the property involved in the case of the market entity and its legal representative, the main management personnel and the actual controller, shall be carried out strictly in accordance with the law, and shall not exceed the authority, exceed the scope, significantly exceed the limit, and exceed the time limit。

　　Article 59　Supervisory commissions, people's courts, people's procuratorates and public security organs at all levels shall, in accordance with the law, equally protect the autonomy of market entities to operate, and shall promptly investigate and deal with and respond to problems reported by market entities and other parties, so as to minimize the impact on the normal production and business activities of market entities。

　　Article 60　The people's courts at all levels shall try all types of cases involving market players fairly in accordance with the law, optimize the process of handling cases, strictly limit the time limit for handling cases, improve trial efficiency, improve execution, and improve the quality of handling cases。

　　The people's courts at all levels shall improve the enforcement linkage mechanism, and the relevant organs and units shall strengthen the cooperation and collaboration with the people's courts in the enforcement work, and jointly promote the improvement of enforcement efficiency。

　　Article 61　The people's courts shall strengthen the mechanism of diverting complicated bankruptcy cases，Improve the efficiency of handling bankruptcy cases，Improve the bankruptcy cost payment management system，Standardize and reduce bankruptcy expenses;Implement the bankruptcy reorganization identification mechanism，Explore the connection between out-of-court reorganization, pre-reorganization, bankruptcy reorganization and reconciliation system，Create conditions for the continued operation of enterprises with operational value。

　　The people's government at or above the county level shall establish with the people's court a long-term working mechanism for coordinating the disposal of enterprise bankruptcy cases，Enhance the liquidity and realization value of bankrupt enterprises' property such as land and real estate，Improve the efficiency of bankruptcy property disposal;Set up a special fund to protect bankruptcy expenses，We will support market-based debt restructuring in accordance with the law，We will promptly resolve such issues as asset disposal, tax treatment, credit repair, enterprise cancellation, social stability, and cracking down on debt evasion and cancellation in case of enterprise bankruptcy。

　　Article 62　Procuratorial organs shall strengthen supervision over criminal, civil and administrative litigation activities involving market entities, comprehensively utilize supervisory means such as procuratorial suggestions, public interest litigation, and filing counterappeals, and supervise and correct illegal acts that harm the legitimate rights and interests of market entities in accordance with the law。

　　Article 63　People's governments at all levels, supervisory commissions, people's courts, and people's procuratorates shall work closely together to establish coordination mechanisms for reporting clues, transferring cases, cooperating in investigation and investigation, and speedy handling of cases involving market players, so as to promptly resolve conflicting and dispute cases involving market players and related problems, and create a sound environment for the rule of law。

The fifth chapter optimizes the livable and working environment

　　Article 64　People's governments at or above the county level, while optimizing the market environment, government environment and legal environment, should also strengthen the ecological environment, cultural environment and urban environment, enhance regional competitiveness, and create a good livable and business-friendly business environment。

　　Article 65　People's governments at or above the county level should adhere to the concept of green development, insist that clear waters and lush mountains are gold and silver mountains, build a green industrial system, speed up green ecological protection and restoration, advocate a green lifestyle, and build a sound ecological environment。

　　Article 66　People's governments at or above the county level shall focus on the prevention and control of air pollution, water pollution and soil pollution，We will improve the quality of the ecological environment，Reduce pollutant discharge and resource consumption，Improve air quality，Promote the improvement of black and smelly water bodies in urban areas，Basically achieve full coverage of urban domestic waste classification，Create a living environment with blue sky, clean water and clean soil。

　　Article 67　People's governments at or above the county level shall strengthen cultural construction with local characteristics，Make overall use of the Yellow River culture, red culture, ancient capital culture, root culture, kung fu culture and other historical and cultural resources，Build the hometown of Henan cultural brand，Enhance cultural openness and inclusiveness，Create a pro-business, safe business, happy business cultural atmosphere。

　　Article 68　The people's governments at or above the county level shall strengthen the publicity and popularization of the integrity culture, raise the awareness of integrity, carry forward the integrity culture, publicize the advanced models of honesty and trustworthiness, and promote the trustworthiness of the government, enterprises and citizens。

　　People's governments at or above the county level shall accelerate the construction of a social credit system，Strengthen the disclosure and sharing of credit information，Use credit incentives and constraints in accordance with laws and regulations，Establish a cross-regional, cross-departmental and cross-field joint incentive mechanism for trustworthiness and joint punishment mechanism for dishonesty involving the government and society，Create a good social integrity environment。

　　Article 69　People's governments at or above the county level shall strengthen the scientific planning and rational layout of cities, pay attention to the construction of infrastructure such as gardens, green Spaces, water systems, theme parks, leisure and sports, upgrade the quality of cities, improve the quality of life, promote harmony between people and cities, and create an urban environment suitable for living, working and traveling。

　　People's governments at or above the county level and relevant departments shall improve the layout of urban transportation infrastructure, optimize the structure of urban transportation, realize the interconnection of various modes of transportation, ensure smooth roads, promote convenient transportation, and facilitate people's travel。

　　Article 70　People's governments at or above the county level shall, in accordance with the population, economic and social development level of their respective administrative areas, reasonably set up educational institutions, medical institutions, institutions for the elderly and institutions for childcare, and improve the level of public services。

　　Article 71　People's governments at or above the county level and their relevant departments shall deepen the reform of the system and mechanism for talent development, improve the training, introduction, evaluation, incentive and other mechanisms, innovate talent policies and measures, provide good service guarantee for talent introduction, and enhance the convenience of talent flow。We will facilitate the evaluation of professional titles, medical and social security, housing, spouse placement, and children's schooling for all types of high-level talents in demand, provide policy support to attract, retain, and make good use of talents, and create a favorable environment for talents for market players。

　　Article 72　People's governments at or above the county level and their relevant departments shall strengthen the training of entrepreneurs, set up exemplary models of outstanding entrepreneurs, promote the entrepreneurial spirit, encourage entrepreneurs to make innovations, and foster a social atmosphere that respects the trend of entrepreneurs and gives full play to their role。

Chapter VI Supervision of business environment work

　　Article 73　Standing committees of people's congresses at or above the county level may strengthen supervision over the business environment by listening to and deliberating special work reports of administrative organs, supervisory organs, judicial organs and procuratorial organs, inspecting law enforcement, filing and reviewing normative documents, inquiring and questioning。

　　Article 74　The provincial people's government shall establish a reward and punishment system for the business environment, linking the results of the business environment evaluation with the annual target assessment performance bonus, the evaluation of the outstanding scholars, and the assessment of the leadership and cadres。

　　The municipal and county-level people's governments and their relevant departments shall, in accordance with the relevant provisions of the State and the province, cooperate in the relevant work of business environment assessment and shall not resort to fraud。All localities and departments shall, on the basis of the evaluation results, formulate and improve rectification measures。

　　Article 75　We will give full play to the role of people's organizations such as the CPPCC, party democratic supervision, the Federation of Industry and Commerce, as well as the supervision of the news media and the public, and strengthen the supervision of the business environment through multiple channels。

　　Article 76　The competent department of optimizing the business environment of the people's government at or above the county level shall establish a system of specially invited supervisors of the business environment，Deputies to the People's Congress, members of the Chinese People's Political Consultative Conference, members of the democratic parties, representatives of entrepreneurs, media journalists, heads of industry associations, heads of chambers of commerce and representatives of the masses will be employed as supervisors，To supervise the business environment。

　　Article 77　The competent department of optimizing the business environment of the provincial people's government shall establish a business environment monitoring mechanism, build a unified business environment monitoring platform in the province, strengthen the dynamic monitoring of various data indicators, and track the implementation of various business environment reform measures。

　　The competent department of optimizing the business environment of the provincial people's government shall establish a business environment evaluation system，Formulate and improve the provincial business environment evaluation index system，Regularly organize and carry out the evaluation of the province's business environment，Give play to the role of the federation of industry and commerce to connect with the non-public economic personnel，By holding symposiums and conducting third-party evaluations，We will listen to market entities' comments on the business environment，The evaluation results will be released to the public in a timely manner。

　　Article 78　The competent department of optimizing the business environment of the provincial people's government shall establish an investigation and handling system for illegal business environment cases。

　　The competent department of optimizing the business environment of the people's government at or above the county level shall promptly investigate and handle illegal cases that damage the business environment。

　　The competent department of optimizing the business environment of the people's government at or above the county level shall establish and improve the complaint handling mechanism, and accept complaints and reports from all walks of life about behaviors that harm the business environment through channels such as convenience service lines and government service platforms。Complaints and reports that fall within the scope of the authority of the department shall be concluded and answered within 30 days, and complicated cases may be extended by 30 days with the consent of the head of the administrative organ。Complaints and reports that do not fall within the scope of the authority of this department shall be transferred to the relevant departments within five days, and the relevant departments shall conclude and reply to the complainants and informants within the above-mentioned time。

　　The competent departments and relevant departments of the people's governments at or above the county level for the optimization of business environment shall keep confidential the complainants and informants。

　　Article 79　The people's governments at or above the county level shall incorporate the work of optimizing the business environment into the scope of supervision and inspection, supervise and inspect the work of the relevant departments of the people's governments at the same level and the people's governments at lower levels in optimizing the business environment through special supervision and daily inspection, and correct the existing problems in a timely manner according to law。

　　Article 80　Audit institutions at all levels shall strengthen audit supervision over the implementation of policies related to optimizing the business environment。

　　The competent departments in charge of optimizing the business environment shall apply the relevant audit results of the audit departments in the process of evaluating the business environment。

　　Article 81　State organs at all levels and their staff at all levels to optimize the business environment, promote the deepening of reform within the scope of their legal functions and powers to explore, fail to achieve the expected goals or deviation, but meet the following conditions, shall be exempted from relevant responsibilities:

　　(1) conform to the reform direction determined by the State and the province;

　　(2) It has not violated the prohibitive provisions of laws and regulations;

　　(3) The decision-making procedure complies with the provisions of laws and regulations;

　　(4) Diligent and conscientious, not seeking personal gains。

Chapter VII Legal liability

　　Article 82　Where laws or administrative regulations already provide for punishment for acts violating the provisions of these Regulations, such provisions shall prevail。

　　Article 83　People's governments at all levels and relevant departments fail to perform their duties to optimize the business environment，Under any of the following circumstances，The relevant competent department prescribed by laws and regulations shall order it to make corrections;serious，The persons directly in charge and other persons directly responsible shall be given sanctions according to law;criminal，To investigate criminal responsibility according to law:

　　(1) Setting unreasonable restrictions or exclusions in areas such as market access in violation of regulations;

　　(2) interfering with the autonomy of market entities in operation in violation of regulations;

　　(3) infringing upon the property rights and other lawful rights and interests of market entities in violation of regulations;

　　(4) forcing market entities to sponsor, donate or other acts of assessment;

　　(5) failing to implement supportive policies for market entities as required;

　　(6) designating an intermediary service agency for a market entity or appointing it in a disguised form, or illegally forcing a market entity to accept intermediary services;

　　(7) refusing to fulfill the policy commitments and contractual agreements made to market entities in accordance with the law;

　　(8) defaulting on the payment of goods, projects, services, etc. of the market entity in violation of the contract;

　　(9) violating regulations by increasing or in disguised form increasing the number of items, conditions, procedures and materials for handling affairs, or extending the time limit for handling affairs;The processing conditions contain other, relevant, and other vague provisions;

　　(10) collecting government-managed funds and additional, enterprise-related deposits and enterprise-related administrative fees from enterprises in addition to the list, and arbitrarily raising the fee standards;

　　(11) The deposit collected from market entities is not returned in accordance with the prescribed time limit and procedures;

　　(12) Illegally interfering in bidding activities;

　　(13) violating the work requirements of the one-netCOM Office or one-window Office;

　　(14) the application for the establishment of an enterprise under a general business project is not completed within the prescribed time limit;

　　(15) The low-risk construction project for social investment is not approved within the prescribed time limit;

　　(16) The offline services for real estate registration are not completed within the prescribed time limit;

　　(17) Formulating or implementing policies or measures that impede fair competition among market entities;

　　(18) infringing the intellectual property rights of market entities or disclosing trade secrets and personal privacy information involving market entities;

　　(19) Refusing to handle complaints and reports transferred by the competent authorities for optimizing the business environment;

　　(20) Other circumstances that infringe upon the interests of market players and impair the business environment。

　　If the relevant departments fail to give sanctions in violation of the provisions of the preceding paragraph, the competent department for optimizing the business environment shall urge the relevant departments to give sanctions according to law;If the relevant department still fails to impose sanctions, the competent department for optimizing the business environment may request the supervisory organ to handle the matter according to law。

　　Where a violation of the provisions of the first paragraph has caused damage to the reputation of a market entity, it shall make an apology, eliminate the impact and restore its reputation;Any overcharge on market entities that should not have been charged shall be refunded;If property losses are caused to market entities, they shall be liable for compensation according to law。

　　Article 84　Supervisory commissions, people's courts, people's procuratorates and public security organs at all levels fail to perform their duties related to optimizing the business environment，Under any of the following circumstances，The relevant competent department prescribed by laws and regulations shall order it to make corrections;serious，The persons directly in charge and other persons directly responsible shall be given sanctions according to law;criminal，To investigate criminal responsibility according to law:

　　(1) Illegally interfering with the normal business activities of market entities;

　　(2) Illegally taking lien measures to restrict personal freedom or other compulsory measures against the legal representatives, main management personnel and actual controllers of market entities;

　　(3) Illegal seizure, seizure, freezing and other measures of the involved property of the market entity and its legal representative, the main management personnel and the actual controller, exceeding the authority, exceeding the scope, obviously exceeding the limit, exceeding the time limit;

　　(4) Refusing to handle complaints and reports transferred by the competent authorities for optimizing the business environment;

　　(5) Other circumstances that infringe upon the interests of market players and impair the business environment。

　　If, in violation of the provisions of the preceding paragraph, a market entity has suffered damage to its reputation, it shall make an apology, eliminate the impact and restore its reputation;If property losses are caused to market entities, they shall be liable for compensation according to law。

　　Article 85　Where staff members of the people's governments at all levels and relevant departments, supervisory commissions, people's courts and people's procuratorates violate the provisions of these Regulations and cause adverse effects on the business environment, the relevant departments shall, depending on the seriousness of the circumstances, urge them to make rectification in one or more of the following ways according to their functions and powers:

　　(1) order correction;

　　(2) make a public apology;

　　(3) to circulate criticism;

　　(4) cancellation or withdrawal of economic incentives;

　　(5) to temporarily withhold or confiscate law enforcement documents, cancel law enforcement qualifications, and be transferred from law enforcement posts;

　　(6) suspension for inspection。

　　Article 86　Public enterprises and institutions such as water, electricity and heat shall be ordered to correct by the competent department of optimizing the business environment in the first and second circumstances below, and shall be ordered to correct by the market supervision department in the third and fourth circumstances;Whoever refuses to make corrections shall be fined not less than 10,000 yuan but not more than 50,000 yuan;If there are any illegal gains, the illegal gains shall be confiscated。If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given sanctions by the units to which they belong or by the authorities at higher levels;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

　　(1) not to disclose to the public the scope of service, service standards, tariff standards, service processes, time limits and other information;

　　(2) When the materials are complete, the application exceeds the time limit;

　　(3) forcing market entities to accept unreasonable service conditions;

　　(4) charging unreasonable fees to market entities。

　　Article 87　Where a trade association chamber of commerce commits an act in items 1, 2 or 3 below, it shall be ordered by the social organization registration administration authority to make corrections within a time limit，Those who refuse to make corrections may suspend their activities，The illegal gains shall be confiscated and a fine of not less than three times but not more than five times the illegal gains shall be imposed;Having the fourth act，The market supervision department shall impose a fine of not less than 200,000 yuan but not more than 500,000 yuan:

　　(1) forcing or in disguised form forcing market entities to join or withdraw from the association;

　　(2) illegally collecting fees from market entities or forcing market entities to donate, sponsor or other disguised fees;

　　(3) There is no legal or regulatory basis, forcing or disguised force market entities to participate in evaluation, standards, commendation, training, assessment, examination and other activities;

　　(4) organizing market entities to reach monopoly agreements that exclude or restrict competition。

　　If the violation of the provisions of the preceding paragraph is serious, the registration of social organizations shall be revoked by the registration and administration department according to law;If the case constitutes a crime, the judicial organ shall investigate the criminal responsibility according to law。

　　Article 88　Departments in charge of optimizing the business environment of the people's governments at or above the county level and their staff who neglect their duties, engage in malpractices for personal gains, fail to perform their duties and abuse their power in optimizing the business environment shall be punished according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

Chapter VIII Supplementary Provisions

　　Article 89　For organizations authorized by laws and regulations to have the function of managing public affairs, the provisions of these Regulations on administrative organs shall apply。

　　Article 90　These Regulations shall come into force as of January 1, 2021。