DALIAN CHINA  DALIAN CHINA
Notice of the General Office of Dalian Municipal People's Government on Printing and Distributing Some Policies
2018-06-11

The people's governments of all districts, cities and counties, the administrative committees of the pilot districts, the relevant departments of the municipal government, and the relevant units:

 

In order to conscientiously implement the spirit of the “ Opinions of the Dalian Municipal Committee of the CPC and Dalian Municipal People's Government on the Comprehensively Deepening the Reform of Streamlining Administration and Institute Decentralization, Delegating Power and Strengthening Regulation and Optimizing services" (No. 35 of the Committee [2017]), effectively transform the supervision method, enhance the supervision efficiency, and further consolidate the result of the reform of the commercial system, we hereby, based on the the standard of Shanghai and the realities in Dalian, put forward the  following implementation opinions on comprehensively promoting the six-dual supervision method of dual-notification, dual-feedback, dual-tracking, dual-announcement, dual-evaluation and dual-random.

 

一. Overall requirements

 

(一) Guiding ideology

 

Through in-depth implementation of the spirit of the 19th National Congress of the CPC and the decisions and arrangements of the Party Central Committee, the State Council, the Provincial Party Committee, and the Provincial People's Government on streamlining administration and institute decentralization, delegating power and strengthening regulation, optimizing services and the transformation of government functions, efforts will be made to innovate the way of government supervision. Starting from the reform of the six-dual regulation, we will push forward the shift from paying attention to prior approval to the post-event supervision, constantly enhance the credibility and execution capacity of the government, further optimize the business environment, and speed up the construction of the a service-oriented government that people are satisfied with, contributing to the the sustained and sound development of the economy in Dalian.  

 

(二) Basic principles

 

1. Administration according to law and regulations.The governments and departments at all levels should establish and improve the supervision system and implement the supervision measures according to the relevant laws, regulations and rules, so as to ensure the rational operation of the supervision mode of the six-dual regulation in the current legal framework.

 

2. The responsibilities and responsibilities are clear and active.Based on the Notice of the General Office of Dalian Municipal People's Government  on Printing and Distributing the Catalogue of Duties of Market Subjects in Dalian ( No. 168 [ 2017 ] issued by the General Office), the supervision responsibilities and functional boundaries of various government supervision departments can be further clarified to ensure that all departments perform their duties correctly, and the accountability for violations of laws and regulations such as omissions, disorderly acts, dereliction of duty and dereliction of duty can be strengthened.

 

3. Actively cooperate and coordinate with each other.The governments and departments at all levels must proceed from the further deepening of the reform of streamlining administration and institute decentralization, delegating power and strengthening regulation, optimizing services in the city and focus on optimizing the business environment. In the process of promoting the reform of the six-dual regulation, all departments should actively cooperate and coordinate with each other on the business in their respective regions and departments and make full use of the post-event monitoring platform (hereinafter referred to as the regulatory platform). Through information sharing and complementary functions, it is workable to gradually eliminate information barriers and achieve coordinated supervision, forming a complete regulatory network which covers widely.

 

二. Specific measures

 

(1) Establish the dual-notification supervision mode with the pre-market notification service and market entity information sharing to the relevant approval authorities and industry authorities

 

When registering or changing the scope of business registration for an applicant, all the industrial and commercial departments (including the market supervision and management department, the same below) shall, based on the “Approval List for Post-approval of Industry and Commerce Registration in Liaoning Province” (hereinafter referred to as “ “Post-approval Catalogue” ”) issued by  Liaoning Provincial People's Government, inform that if there are any items in the catalogue that must be approved before operation in the business project they intend to engage in, they shall go to the corresponding approval department specified in the catalogue for approval.No authorization shall be allowed to engage in related business activities without approval.When registering in the industrial and commercial department, the applicant shall submit a letter of commitment signed by the legal representative ( who is to be the appointed legal representative, the person in charge, the operator ) or his authorized agent,  promising in writing that he is aware of the relevant examination and approval items and examination and approval departments notified by the industrial and commercial department and will not engage in relevant business activities before obtaining administrative examination and approval.

 

After a license is issued by the industry and commerce department, the registration information of enterprises, individuals, farmers' professional cooperatives (hereinafter referred to as market entities  ) is transferred to the supervision platform according to the "Post-approval Catalog".Each administrative license examination and approval department and industry competent department shall appoint specially-assigned person to be responsible for receiving and informing the information within 5 working days from the date of being pushed (informed) by the industry and commerce department, promptly following up and actively performing duties, and doing a good job before the license being successfully approved.(Responsibility department: Industry and Commerce Department; Cooperation department: various Examination and Approval Departments, various industry authorities)

 

(二) Establish the dual-feedback supervision mode by which the license examination and approval department will timely feedback the reception of registration information of market entities and the handling of relevant licenses to the industrial and commercial departments

 

The license examination and approval department receives the information of market entities notified by the industrial and commercial department through the supervision platform, and at the same time feeds back information reception.After the license approval department completes the administrative license for the market entity, it shall feedback the administrative license management status to the supervision platform so as to form a complete administrative examination and approval link.(Responsible departments: various approval departments; Cooperating departments: industrial and commercial departments)

 

(三) Establish the dual-tracking supervision method by which the license examination and approval department can track market entities' license handling and late-stage business operations

After claiming the main body of the market, the license examination and approval department must promptly follow up and follow up on the pre-license  period, the permit examination and approval department shall investigate and deal with those market entities that have not obtained administrative license, whose validity period has expired or whose administrative license has been revoked, revoked or cancelled without authorization in accordance with the law.After making the decision to revoke, withdraw or cancel the administrative license of the market entities,   the license examination and approval department shall promptly  notify the business and commerce department in time to order it to change the business scope or cancel the registration within a specified period of time.

 

In accordance with the principle of "the one in charge of examining is the supervisor,”, the license examination and approval department shall implement the supervision responsibility for the business behavior after the market entity obtains the administrative license, and carry out supervision work according to law.

 

As for the cancellation of administrative licensing and filing during the process of "license-certificate separation" and "no certificate after licensing", the original licensing and filing department, as the competent department of the industry, should do a good job of tracking and supervising.(Responsible departments: various examination and approval departments, various industry authorities)

 

(四)Establish the dual-announcement supervision method for regulatory information such as administrative approval information and administrative penalties

 

The relevant departments of the government shall, in accordance with the relevant requirements of Notice of the General Office of Liaoning Provincial People's Government on Printing and Distributing the Implementation Plan for the Collection and Publicity of Enterprise-related Information of the Government Departments ( [2016] No. 104 issued by General Office of Liaoning Provincial People's Government)  and the Notice of the General Office of Dalian Municipal People's Government on Printing and Distributing the Measures for the Management of Enterprise Information publicized by Dalian municipal government departments ([2016] No. 147of the General Office of the Great Political Office), timely publicize the enterprise-related information such as administrative license and administrative penalty to the public through the national public information disclosure system.(Responsible departments: information collection and publicity department  ; cooperation with the department: industry and commerce departments)

 

(五) Establish the dual-evaluation supervision mode of the evaluation of safety index of special products which are closely related to the lives and property safety of the people and the evaluation of industrial and general problems

 

Taking the implement of the dual-evaluation in Pudong New Area of Shanghai as a template and some Liaoning FTZs in Dalian as pilots, on the one hand, safety risk assessments are conducted on key industries and special commodities in accordance with national mandatory standards. For industries and commodities that can not be evaluated by the national mandatory standards for the time being, the competent authorities of all industries should explore and establish an industry risk assessment mechanism. Through industry risk assessment and continuously optimizing, classification and dynamic supervision can be achieved, so as to strictly observe the bottom line of risk, and promote the healthy development of the industry. Each industry department can dynamically adjust the frequency of “double-random” inspection according to the evaluation results, and the social supervision organization can defuse market risk through credit assessment.After obtaining successful experience, it will be gradually popularized in the whole city.(Responsible Department: Quality Supervision Department; Coordination Department: Dalian Area Management Committee of Liaoning Free Trade Zone, Municipal Development and Reform Commission, competent departments of all industries)

 

(六) Deepening the reform on dual-random and publicity regulation

 

According to the requirements of the Implementation Opinions of the General Office of Dalian Municipal People's Government on the Promotion of Post-regulation Supervision of Random Spot Inspection([2016] No. 84 issued by General Office of Dalian Municipal People's Government), all departments should further perfect the random check list, market entities list and law enforcement inspectors list and the rules of random check, realizing the full coverage of random spot check. In the dual-random inspection process, spot checks can be generated through the supervision platform or the business platform of the department, and inspection objects and inspectors are randomly selected for inspection.After the inspection, the inspection results should be disclosed to the public.(Responsible Department: law enforcement agencies of the Government)

 

三. Work requirements

 

(一) Strengthen organizational leadership

 

Adhering to deepening institutional reforms, optimizing the business environment, and building a service-oriented government that the people are satisfied with, all regions and departments should attach great importance to the reform of the six-dual supervision methods.The main leaders should focus on carefully studying the concrete measures to implement the six-dual supervision method in every department, improving the working mechanism, and carrying out the longitudinal business guidance of the department and the horizontal communication cooperation among the government departments at the corresponding levels, so as to form a joint supervision force.

 

(二) To do a good job in the deployment of the work

 

Each region, each department should actively promote the six-dual supervision mode, and carry out the supervision work continuously according to the division of responsibilities and the system requirements.In case of any change in the supervision duties, agency settings or laws and regulations of the department, the supervision work shall be adjusted in time, and the adjustment and variation shall be submitted to the office of the Leading Group of the Supervision and Administration after the reforming of License-before-certificate in Dalian.

 

(三) Strengthen the implementation of responsibilities

 

All regions and departments must actively implement their supervision responsibilities, clarify the division of internal responsibilities, and implement responsibilities to people, so as to ensure the effectiveness of the six-dual supervision method.Those entities and individuals who do not perform their duties seriously and refuse to implement the six-dual supervision method will be held accountable.