Opinions on Creating a Sound Entrepreneur Growth Environment, Advocating Excellent Entrepreneurship , etc.

 2018-06-30  150

  • Level of Authority Group Provisions
  • Date issued09-08-2017
  • Effective Date09-08-2017
  • Status Effective
  • Issuing Authority Central Committee of the Communist Party of China State Council

Opinions of the CPC Central Committee and the State Council on Creating a Sound Entrepreneur Growth Environment, Advocating Excellent Entrepreneurship and Better Using Entrepreneurs' Role
(September 8, 2017)
Entrepreneurs are major parties to economic activities. Since the reform and opening up, a group of excellent entrepreneurs have grown quickly in market competition, and a number of enterprises with core competitiveness have sprung up, making significant contributions to accruing social wealth, creating jobs, promoting economic and social development, and enhancing comprehensive national power. It is of great significance for deepening the supply-side structural reform, animating the market, and realizing sound, sustainable economic and social development to create a sound entrepreneur growth environment, advocate excellent entrepreneurship and better use entrepreneurs' role. To that end, the following opinions are hereby offered:
I. General requirements
(1) Guiding ideology
We shall comprehensively implement the spirit of the 18th CPC National Congress and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, carry out in depth the spirit of a series of important speeches and new concepts, thoughts and strategies of managing state affairs of General Secretary Xi Jinping, focus on creating a legal environment to protect the lawful rights and interests of entrepreneurs, a market environment to promote fair competition and bona fide operation among entrepreneurs, and a social atmosphere to respect and stimulate entrepreneurs founding or doing businesses, guide entrepreneur in loving the country, dedicating themselves to work, abiding by the discipline and law, creating new businesses, innovating, and serving society, trigger the initiative, activism and creativity of entrepreneurs, use entrepreneurs' role, and contribute more to prompting sustainable, sound economic and social development and social harmony and stability and accomplishing the goal of comprehensively building a moderately prosperous society and the Chinese Dream of the great rejuvenation of Chinese nation.
(2) Basic principles
-- Setting an example in observing the discipline and law and enhancing responsibility assumption. The lawful rights and interests of entrepreneurs are protected by law, and entrepreneurs are allowed to play their role in demonstrating observance of the discipline and law and fulfill responsibility and contribute more to establishing a good political ecology, cleanse social atmosphere, and creating a clean environment.
-- Innovating on systems and mechanisms and triggering vigor and vitality. A new type of close, clean government-business relationship shall be created, a government-enterprise interaction mechanism shall be innovated on, and the entrepreneur positive stimulation mechanism and the property protection system shall be improved, to enhance entrepreneur' innovation dynamism and entrepreneurship motivation.
-- Following development patterns and optimizing the development environment. Talent administration by the party shall be adhered to, market patterns and entrepreneur growth patterns shall be followed, precision supporting policies shall be improved, policy implementation shall be prompted, the confidence of entrepreneurs shall be boosted, their expectations shall be stabilized, and a law-oriented, transparent, equitable policy and public opinion environment shall be created.
-- Paying attention to demonstration and canalization and focusing on advocation and inheritance. Advanced role models for entrepreneurs shall be chosen and publicized, excellent entrepreneurship shall be advocated, an excellent entrepreneur team shall be built, and the fostering of a young generation of entrepreneurs shall be enhanced, so as to allow excellent entrepreneurship to pass onto future generations.
II. Creating a legal environment to protect the lawful rights and interests of entrepreneurs
(3) Protecting the property rights of entrepreneurs by law. The opinions of the CPC Central Committee and the State Council on improving property protection system and lawfully protecting property shall be comprehensively implemented, prominent problems in the aspect of property protection shall be conscientiously solved, property dispute petition cases generating strong publicity shall be identified and corrected in a timely manner, and cases involving infringements upon property shall be analyzed, and good practices, experience and cases relating to legal, effective property protection shall be summarized and publicized. A permanent mechanism to legally, equally protect property of various ownership economies shall be established at a faster pace in all aspects and parts such as legislation, law enforcement, justice, and law observance. A mechanism of compensation and remedy for the damage to the lawful rights and interests of enterprises caused by adjustment of government plans and change of policies shall be researched and established.
(4) Protecting the rights and interests of entrepreneurs in innovation by law. It shall be explored to determine the amount of damages by reference to the market value of intellectual property under existing framework of laws and regulations, and evidence rules, evidence disclosure and evidence obstruction removal rules in legal proceedings shall be improved. A green channel for non-litigation administrative enforcement shall be explored and established. Measures for the protection of intellectual property in innovation achievements such as business models and cultural creativity shall be researched and developed.
(5) Protecting the operation autonomy of entrepreneurs by law. Entrepreneurs shall conduct autonomous operations by law, without being intervened in by governments and departments at all levels and their functionaries. List systems relating to enterprise-related charges and supervision and inspection, among others, shall be established and improved, enterprise-related charges, apportionment matters and various standard satisfaction appraisal activities shall be reviewed, and administrative law enforcement conditions shall be standardized and detailed, so as to minimize enterprise burden and reduce discretionary power. The right of enterprises to autonomously join or quit industrial associations or chambers of commerce shall be guaranteed by law. A unified national enterprise right defense service platform shall be researched and established.
III. Creating a market environment to promote fair competition and bona fide operation among entrepreneurs
(6) Enhancing the protection of the rights and interests of entrepreneurs in fair competition. The fair competition review system shall be implemented to establish the fundamental position of competition policies. The market access negative list system shall be comprehensively implemented to ensure that various market participants legally, equally enter industries, fields and business not on the negative list. Monopoly, unfair competition and regional protectionism shall be combated, various regulations and practices obstructing market unity and fair competition shall be reviewed or repealed by law, the market environment featuring equal rights, opportunities and rules shall be improved, and market participants of various ownership economies shall be promoted in equally using factors of production, openly, fairly and equitably participating in market competition, and equally enjoying legal protection.
(7) Improving the entrepreneur bona fide operation incentive and restraint mechanism. The spirit of contract shall be adhered to, publicity to entrepreneur's good faith shall be enhanced, the enterprise bona fide undertaking system shall be implemented, and entrepreneurs shall be supervised to voluntarily remain bona fide, observe the law, do business bona fide, and conduct production and operation in accordance with the laws and regulations. The national credit information sharing platform and the national enterprise credit information publication system shall be used, the information on enterprises and entrepreneurs in departments and fields including industry and commerce, public finance and taxation, finance, justice, environmental protection, safety supervision, industrial association, and chambers of commerce shall be consolidated, personal credit records and good faith archives of entrepreneurs shall be established, and joint incentives for good faith and joint punishment for bad faith shall be implemented.
(8) Constantly making regulation fairer, more standard and simpler. The regulation list system shall be promoted, and regulatory matters, basis, departments, power, content methods, procedures and punitive measures shall be specified and standardized. Regulation through inspections of randomly selected entities by randomly selected inspectors and the publication of inspection results shall be comprehensively implemented to effectively avoid selective law enforcement. Comprehensive regulation shall be advanced, and coordinated cross-department, cross-region market regulation shall be strengthened. Comprehensive law enforcement shall be promoted in priority in the fields such as food and drug safety, quality inspection in industry and commerce, public health, work safety, cultural tourism, resource environment, water conservancy in agriculture and forestry, transport, urban and rural construction, and ocean fishery, and cross-department comprehensive law enforcement shall be vigorously explored in fields with good conditions. Prudential regulation modes encouraging innovation shall be explored and established. Repeated and multi-department law enforcement shall be eliminated, and the efficiency of comprehensive law enforcement shall be raised, to ease enterprise burden.
IV. Creating a social atmosphere to respect and stimulate entrepreneurs founding or doing businesses
(9) Establishing a new type of close, clear government-business relationship. Channels for government-enterprise communication shall remain unimpeded, and government-business relations shall be regulated. Officials of party and government departments at all levels shall generously, sincerely deal with entrepreneurs, develop awareness of services, learn about enterprise operation conditions, provide assistance in solving enterprises' actual difficulties, and establish a sincere, mutual-trust, clean, pure, and positively interactive work relationship with entrepreneurs. Entrepreneurs shall be encouraged to vigorously, voluntarily communicate with party committees and relevant government departments at all levels, report conditions and solve problems through regular channels, legally protect their own lawful rights and interests, talk about the truth, and offer sincere suggestions. More entrepreneurs in the private sector shall be guided in becoming role models in the new type of close, clear government-business relationship, and more entrepreneurs in the state-owned sector shall be guided in becoming role models who respect the law and discipline and are clean, upright and self-discipline.
(10) Developing an orientation towards positively stimulating entrepreneurs. A culture and social atmosphere encouraging innovation and tolerating failure shall be created, and entrepreneurs with mistakes and failure in legal operation shall be more understood, tolerated and assisted. Mistakes which entrepreneurs in the state-owned sector made in the bold exploration in enterprise development and persistence in the reform with aims including enhancing the dynamism and competitiveness of the state-owned economy shall be tolerated, as long as they are not made through non-implementation of order, non-compliance with prohibitive provisions, improperly seeking profits, intention, arbitrariness and other cases, so as to support those who give undertakings, assume responsibility and do business.
(11) Creating a positive public opinion atmosphere. The principle of seeking the truth from the facts, objectivity and impartiality shall be adhered to, correct public opinion orientation shall be grasped, and the publicity to and coverage of the advanced stories and outstanding contributions of excellent entrepreneurs shall be strengthened, so as to display the spirit of excellent entrepreneurs, gather positive energy advocating innovation and entrepreneurship, and create a public atmosphere respecting the value of entrepreneurs, encouraging entrepreneurs to innovate and using entrepreneurs' role.
V. Advocating the spirit of entrepreneurs to love the country, devote themselves to work, observe the law and discipline, and strive diligently
(12) Guiding entrepreneurs in developing lofty ambitions and faith. The ambition and faith education and core socialist values education for entrepreneurs, especially the young generation of entrepreneurs in the private sector, shall be strengthened, the education and training relating to excellent revolutionary traditions, situations and policies, and observance of the law and good faith shall be given, entrepreneurs' sense of national mission and pride shall be fostered, and entrepreneurs shall be guided in correctly dealing with the relationships among the interests of the country, enterprises, employees, and individuals and integrating their personal ambitions into the great practice of national rejuvenation.
(13) Enhancing entrepreneurs' awareness of voluntary observance of the law and discipline. Entrepreneurs shall voluntarily conduct business in accordance with the laws and regulations, manage enterprises by law, defend their rights by law, enhance the awareness of good faith, voluntarily resist illegal acts such as tax evasion, nonpayment of tax, smuggling and sale of smuggled articles, production and sale of counterfeits, polluting environment, and infringement upon intellectual property, abstain from misconduct such as using inferior materials in production, giving less than the weight than charged for, and selling substandard products as quality ones, and vigorously set an example in the aspect of observance of the law and discipline. Party-member entrepreneurs shall voluntarily act as role models to observe the party's political, organizational, integrity, the people, work and life disciplines.
(14) Encouraging entrepreneurs to uphold the spirit and way of hard work and plain living. Entrepreneurs shall be stimulated to strive unceasingly, remain diligent and thrifty, object to hedonism, abstain from extravagance, and insist on a sound, positive lifestyle. Enterprises shall boost their confidence, embrace challenges and work with stamina and diligence when encountering difficulties in development. They shall be prepared for danger in times of safety, stay true to the mission, and remain modest and prudential when succeed in operation. A competitive awareness of non-progress or slow-progress representing moving backward shall be developed.
VI. Advocating the spirit of entrepreneurs to realize innovative development, focus on quality and pursue excellence.
(15) Supporting entrepreneurs to realize innovative development. Entrepreneurs' innovation dynamism and creativity potentials shall be triggered, and entrepreneurs shall be protected by law in expanding innovation space, constantly advancing innovation on products, technology, business models, management and systems, pursuing innovation and entrepreneurship for their whole life, and boosting self-confidence in innovation. The scientific qualities of entrepreneurs shall be improved, and the major role of entrepreneurs in promoting conversion of scientific and technological achievements shall be used. More entrepreneurs shall be attracted to participate in the work including development of science and technology innovation policies, plans, projects and standards and project assessment, and patent information resources and scientific research bases shall be opened up to enterprises. Financial institutions shall be guided in providing funding support for innovation and entrepreneurship of entrepreneurs and exploring and establishing an entrepreneurship insurance, security and risk sharing system.
(16) Guiding entrepreneurs in advocating the spirit of craftsmanship. A quality incentive system shall be established and improved, entrepreneurs' strategic awareness of "triumphing by quality" shall be raised, entrepreneurs shall be encouraged to focus on the fields they are good at, enterprise quality management shall be strengthened, it shall be resolved to sustainably run and pass on "time-honored businesses," products and services shall be detailed and refined, and quality, effectiveness and reputation shall be ensured with the spirit of craftsmanship. The quality improvement action shall be conducted in depth. High-technology talents skilled at technologies and techniques shall be fostered in priority, enterprise brands with core competitiveness shall be promoted, backbone enterprises with excellent brands shall be supported in becoming strong and excellent, and model enterprises with first-class quality standards and brand values shall be cultivated. The awareness of reform and innovation of entrepreneurs of old-brand enterprises shall be triggered and protected, and the role of old brands as examples shall be used.
(17) Supporting entrepreneurs in pursuing excellence. The spirit of daring to make breakthroughs and experiments, be pioneers, and assume risks shall be advocated, enterprises shall be supported in acutely seizing market opportunities, constantly forging ahead, endeavoring, striving to build first-class enterprises, management, products, services and corporate culture, providing competitive products and services which are unique, outstanding, particular and new, and remaining pioneers and standing out in market competition, and more leading enterprises with international influence shall be fostered, developed and made strong.
VII. Advocating the spirit of entrepreneurs to fulfill responsibilities, dare to shoulder responsibilities and serve society
(18) Guiding entrepreneurs in voluntarily performing social responsibilities. The sense of honor and mission of entrepreneurs in fulfilling social responsibilities shall be enhanced, and entrepreneurs shall be guided and supported in making selfless contributions, participating in glorious causes, public-welfare and charitable causes, "enterprises helping villages" precision poverty alleviation action, and emergency response disaster relief, among others, supporting national defense building, and playing a more important role in building a harmonious labor relationship, promoting employment, caring about employees, paying tax by law, saving resources, and protecting ecology, and in other aspects. Entrepreneurs in the state-owned sector shall voluntarily be role models in performing political, economic, and social responsibility.
(19) Encouraging entrepreneurs to do business and shoulder responsibilities. The passion of entrepreneurs to achieve prosperity and remember contributors shall be triggered, and entrepreneurs shall be guided in recognizing the broad space, good opportunities and promising prospects with which the reform and opening up provides enterprises and individuals, helping the poverty-stricken, and creating more economic and social benefits. Entrepreneurs shall be guided in recognizing, grasping and leading the new normal in China's economic development, vigorously devote themselves to the supply-side structural reform, and contributing more in the aspects such as revitalizing and developing the real economy. The spirit of shouldering responsibilities of entrepreneurs in the state-owned sector to serve the party, country and people shall be triggered. Entrepreneurs in the state-owned sector shall shoulder the significant responsibilities to operate and manage state-owned assets and preserve and increase values, make state-owned enterprises strong and excellent, and constantly improve the core competitiveness of enterprises.
(20) Guiding entrepreneurs in vigorously devoting themselves to major national strategies. The mechanism for entrepreneurs to participate in major national strategies shall be improved, entrepreneurs shall be encouraged to vigorously devote themselves to the implementation of major national strategies including the "Belt and Road" building, coordinated development of Beijing, Tianjin and Hebei province, and Yangtze River economic belt, and participate in the bringing in and heading overseas strategy, integrated military and civilian development, and the investment in central and western China and northeast China, expand new space for economic development.
VIII. Strengthening excellent, efficient and practical services for entrepreneurs
(21) Deepening the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services oriented on the demand of market participants. Centering on allowing the market to play a decisive role in allocating resources and better using government role, simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services shall be deepened at a broader range and a deeper level. Rules and regulatory documents involved in the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services shall be effectively reviewed. An enterprise investment project efficient review mechanism shall be established and improved, and eligible regions and fields shall be supported in conducting enterprise investment project undertaking system reform and exploration. The matter-handling process in service items for enterprises and entrepreneurs shall be optimized, and precision services of window entities shall be advanced.
(22) Improving the mechanism for entrepreneurs to participate in making enterprise-related policies. Procedural specifications for the government to voluntarily obtain opinions of entrepreneurs in major economic decision making shall be established, and government departments shall research and develop enterprise-related policies, plans and regulations and obtain the opinions and suggestions of entrepreneurs. The stability and consistency of enterprise-related policies shall be maintained, and if adjustment is needed based on public interests, adjustment procedures shall be strict, and transitional period shall be reasonably set.
(23) Improving the enterprise-related policy and information disclosure mechanism. Physical government service halls, online government service platforms, mobile application programs, self-help terminals, service hotlines and other online and offline vehicles shall be used to establish an enterprise-related policy and information centralized disclosure system and push system. Government information data shall be made more open. Enterprise-related policy implementation responsibility appraisal shall be enhanced, and industry associations, chambers of commerce and other third-party institutions shall be fully absorbed to participate in post-policy appraisal.
(24) Better assisting and supporting entrepreneurs. The role of united front departments, state-owned assets supervision and administration institutions, federations of industry and commerce, industry associations, and chambers of commerce, among others, shall be used, a work interaction mechanism for assisting and supporting entrepreneurs shall be established and improved, entrepreneur symposiums and visits shall be regularly organized, and enterprises shall be assisted in solving their actual difficulties. For enterprises with difficulties in business operation, relevant departments, federations of industry and commerce, industry associations, and chambers of commerce, among others, shall learn about their difficulties and demand in development in a timely manner and vigorously provide assistance on the premise of maintaining fair market competition. Re-entrepreneurship shall be supported, re-entrepreneurship policies shall be improved, and more convenient support shall be given in handling relevant tax-related matters based on the tax credit ratings of entrepreneurs in past business operations. The research of successful and failing entrepreneurship cases shall be strengthened to provide entrepreneurs in innovation and entrepreneurship with reference.
IX. Strengthening the cultivation of excellent entrepreneurs
(25) Strengthening the guidance to the planning on entrepreneur team building. The entrepreneur growth pattern shall be observed, departmental cooperation shall be strengthened, work methods shall be innovated on, the overall planning on entrepreneur team building shall be enhanced, the cultivation of entrepreneur team and implementation of major national strategies shall be concurrently planned and advanced, more talents with capability of innovation and entrepreneurship shall be encouraged and supported in standing out, and a group of excellent entrepreneurs with global strategic perspective, market expansion spirit, and capability of management innovation and sense of social responsibility shall be fostered in practice.
(26) Using the demonstrating and driving role of excellent entrepreneurs. The typical cases of excellent entrepreneurs shall be summarized, and excellent entrepreneurs with outstanding contributions in the aspects of loving the country and devoting themselves to work, observance of the discipline and law, hard work and plain living, innovative development, focus on quality, pursuit of excellence, good faith and undertaking honoring, responsibility fulfillment, brave responsibility shouldering, and serving society shall be recognized and publicized and play a demonstrating and driving role. The research of excellent entrepreneurship shall be enhanced, the cooperation between institutions of higher learning as well as scientific research institutions and industry associations, chambers of commerce and well-known enterprises shall be supported, and the entrepreneur growth pattern with Chinese characteristics and following the trend in the era shall be summarized.
(27) Strengthening entrepreneur education and training. Raising the awareness of loyalty, expanding the world perspective, improving strategic mindset, enhancing innovation spirit and forging excellent acts shall be prioritized, and the establishment and improvement of entrepreneur training system shall be accelerated. Institutions of higher learning, scientific research institutions, industry associations and chambers of commerce, among others, shall be supported in providing precision theoretic, policy, science and technology, management, and regulations training to comprehensively enhance the capability of entrepreneurs to discover opportunities, integrate resources, create values, and pay back society. An entrepreneurship mentoring system shall be established and improved, the development of maker academies shall be supported, the vigorous role of entrepreneur organizations shall be used, and a young generation of entrepreneurs shall be fostered. The training given by major party schools, administrative academies and other institutions to entrepreneurs shall be enhanced. Various entrepreneur mutual learning and exchange platforms shall be set up to promote complementary advantages and joint improvement. Exchange and training in various forms such as entrepreneur activity day shall be organized and conducted.
X. Strengthening party's leadership of entrepreneur team building
(28) Strengthening party's leadership of entrepreneur team. Party's leadership of state-owned enterprises shall be adhered to, the party building in state-owned enterprises shall be comprehensively strengthened, and the role of party organizations in state-owned enterprise as leaders shall be used. The awareness of entrepreneurs in the state-owned sector to adhere to party leadership and voluntarily ensure party building in enterprises shall be raised, and a team of entrepreneurs in the state-owned sector loyal to the party, brave to innovate, resourceful to manage enterprises, voluntary to prosper enterprises, and remaining clean and upright shall be effectively built, used and managed. Entrepreneurs in the private sector shall be taught and guided in upholding party leadership and supporting party building in enterprises. A non-public owned enterprise party building work mechanism shall be established and improved, various means of party building shall be vigorously explored, and the party organization and work coverage in non-public owned enterprises shall be expanded with efforts. The role of party organizations as political cores among employees and the people and in politically guiding enterprise development shall be fully used.
(29) Using the role of party-member entrepreneurs as pioneers and role models. The basic work of daily education for and management of party-member entrepreneurs shall be enhanced, party character, principle and deterrence education shall be strengthened, party-member entrepreneurs shall be taught to firmly develop the awareness of politics, big picture, core, and compliance, political disciplines and regulations shall be strict, ambitions and faith shall be firm, party's lines and various policies shall be firmly implemented, loving, worrying about, prospering and protecting the party shall be implemented in various work of operation and management, examples shall be set, and the role of party members as pioneers and role models shall be fully showed with actual acts.
All regions and all departments shall fully recognize the importance of creating a sound entrepreneur growth environment, advocating excellent entrepreneurship and better using entrepreneurs' role, unify thoughts, build consensus and joint forces, develop and detail specific policies and measures, strengthen policy publicity and training given to entrepreneurs, and ensure implementation. The National Development and Reform Commission shall break down work tasks in conjunction with relevant parties, regularly supervise, summarize and assess implementation, and ensure the implementation and actual effects of all measures.