Dalian Free Trade Zone Takes the Lead in the Country in Realizing a New Mode of Systematic and Integrated Examination and Approval Supervision in the Investment Field

The market access link will bid farewell to manual examination and approval in an all-round way and realize standardization and routinization in the whole process. Applicants who "wait for the moment" and "have not yet fully met the conditions" can "Acceptance Shortage" and "issue certificates upon promise". The supervision link realizes "conformity certification" and "classified supervision", and realizes comprehensive supervision, intelligent supervision and credit supervision. On 3 June, Dalian Free Trade Zone held press conference, reporting on the operation of the new mode of examination and approval and supervision, which is the first in the country to realize the "barrier-free examination and approval and non-interference in supervision" covering all market players in the field of investment, this marks that the reform and innovation work in Dalian Free Trade Zone has moved from "point" reform to "surface" innovation, from "first" to "leading", and investment has moved from "facilitation" to "liberalization" in an all-round way.


Enterprise Registration Realizes "Second Approval”


From the promulgation of the "Enterprise Registration Confirmation System" in July 2019 to the promulgation of the "Interim Provisions on the Administration of Notification and Commitment System" in April this year, the registration of subject qualifications has achieved full coverage of the administrative confirmation system in Dalian District, marking that the registration of Dalian Free Trade District has completely bid farewell to manual examination and approval and entered the stage of standardization and procedure. Standards are formulated around administrative acts, examination and approval items, examination and approval process and other links to realize controllable time, procedures and authority, and to ensure that the examination and approval work is "in accordance with the law, order and efficiency". In the future, enterprises will apply for business licenses again, make independent declarations at the window of the administrative service hall or the administrative confirmation platform in Dalian Free Trade Zone, intelligently confirm the market subject qualification and general business qualification of enterprises, publicize them, complete the registration, and the administrative department for industry and commerce will no longer carry out manual examination and approval. After passing the confirmation, the enterprise can choose to obtain the business license at the registration window or by mail, or print the business license at the self-service terminal in real time. The move pressed the "fast forward key" for the development of the enterprise, and at the system level, it effectively avoided window criticism such as "watching people order food", "intermediary interception" and "blind area of supervision".


Promise admission and get the certificate on the spot.


On April 9 this year, Dalian District issued the "Interim Provisions on the Administration of Notification and Commitment System" to implement the "Promise to Issue Licenses" for 25 district-level enterprises involved in administrative licensing matters and the "Acceptance of Vacancy" for another 47 district-level enterprises involved in administrative licensing matters. The "Interim Provisions" require the competent department of the industry to fulfill the inspection responsibility for the commitment within a two-month period after comprehensively considering the applicant's integrity, market risks, commitment content, regulatory power and other factors. While providing convenience for the applicant, the "Interim Provisions" also set requirements for the responsibility of the applicant. The applicant must promise to be responsible for the authenticity, legality, validity and integrity of the materials and application documents provided. If an enterprise submits false materials or adopts other fraudulent means to conceal important facts to obtain confirmation registration, the registration authority shall cancel the registration in accordance with relevant laws and regulations. And establish a "blacklist" system for illegal dishonesty, and the registration authority will no longer accept the registration application of the author as the applicant or the jointly entrusted representative or agent within one year.


The supervision link provides "Dalian Measures"


On April 27 this year, Dalian Free Trade Zone issued the Interim Provisions on the Administration of Compliance Certification Services to establish a "Compliance Certification" management system. In order to solve the problem of equal treatment of different approval methods in the supervision process, the "Dalian Measures" are provided. The "Regulations" clearly state that the standard text of "Compliance Certification" shall be compiled according to the supervision and inspection standards for informing commitments, and the Compliance Certification List shall be composed of risk points and key control points. Three certification methods, namely "self-evaluation, accompanying certification and post-event certification", are adopted, and the third-party company carries out "conformity" certification on the promised contents of the business qualification examination and approval, and the business can be operated if the certification meets the requirements, and the regulatory authorities "do not interfere" with the enterprise. According to the management system, the industry management department uses digital information technology to spot check the results of the third party's "conformity certification". Compliance certification is the first time in China that third-party certification services have been introduced into the process of examination and approval of business licenses of enterprises involved, further expanding the autonomy of enterprises in operation, innovating and strengthening supervision during and after the event, and creating a market-oriented, rule-of-law and international business environment.


"Classified Supervision" Promotes Investment Liberalization


After the administrative examination and approval is released, how can the in-process and ex-post supervision really achieve "first-line liberalization and second-line control" without disturbing the market players? On April 27, Dalian Free Trade Zone issued "Guiding Opinions on the Full Implementation of the New Model of Classified Supervision of Market Subjects", initially realizing the coverage of comprehensive supervision, intelligent supervision and credit supervision of market subjects in Dalian Free Trade Zone. The Guiding Opinions take standardization as the guide, wisdom as the support, credit information as the basis, "double randomization and one openness" as the means, third-party institutions as the supplement, and "compliance certification" as the reference to implement classified and graded supervision of market players. Dalian Free Trade Zone is based on credit China and credit Liaoning platforms. Establish and perfect the credit information platform for market players in Dalian area, Creating credit information files for each market entity in the whole life cycle, The credit rating of different types of market players is assessed, the supervision rating is determined according to the risk rating, the enterprises with high risks and poor credit are subject to key supervision, the enterprises with low risks and good credit are subject to "non-sensible supervision" according to the "double random and one open" mode, and the emerging industries and formats are subject to inclusive and prudent supervision. For enterprises that do not fulfill their promises, do not conform to the certification, that is, operate in violation of regulations, they will be included in the integrity system, and a "blacklist" of integrity will be established, with "sharp swords hanging high" for violators and "no interference" for enterprises with good credit.