State Administration for Market Regulation: Will carry out special actions to crack down on illegal fees charged to enterprises on a regular basis and promote the establishment of a regulatory system for fees charged to enterprises.

date
31/03/2025
avatar
GMT Eight
On March 31st, the National Development and Reform Commission held a press conference to introduce the establishment of a sound and long-term supervision mechanism for enterprise-related fees. Ms. Han Li, Deputy Director of the Price Supervision, Inspection and Antimonopoly Bureau of the State Administration for Market Regulation, stated that the next step is for the Market Regulation Administration to conduct regular special operations to rectify chaotic fees charged to enterprises. The Administration will focus on addressing the issue of chaotic fees raised by enterprises, deploying the market regulation systems to carry out concentrated cleanup efforts, establishing a sound mechanism for collecting and transferring clues related to enterprise fee issues. The Administration will promote the construction of monitoring points for enterprise fees, fully leveraging the role of "advance stations" to discover and address illegal fee issues early, regularly collecting clues related to enterprise fees, strengthening communication and collaboration among departments, and improving the mechanism for collecting, sharing, and transferring problem clues. The Administration will also advance the construction of a system for regulating enterprise fees, accelerate the introduction of the "Measures for Dealing with Illegal and Violating Behaviors Related to Enterprise Fees," specify the legal responsibilities for illegal charging, and increase the cost of violations.Further solidify the foundation, stabilize expectations, and benefit the long term. The third is synergistic governance, in which key tasks such as improving the fee catalog system, cracking down on illegal charging behaviors, etc., are highlighted, focusing on strengthening interdepartmental collaboration, clarifying division of responsibilities, implementing departmental responsibilities, and forming regulatory synergy.Through these institutional arrangements, a normalized and long-term governance mechanism is formed, which is conducive to comprehensively standardizing enterprise-related fee collection behaviors, effectively curbing irregular fee collection practices, and genuinely reducing the burden on businesses, stimulating their intrinsic motivation and market vitality. It is also beneficial for further regulating the order of enterprise-related fee collection, breaking industry barriers caused by unreasonable fees, and enabling all types of enterprises to participate in market competition on a level playing field. That's all for my introduction. Thank you! Reporter from China National Radio: We noticed that the document for the first time proposes the establishment of a national-level system for improving the enterprise-related fee list, requiring full coverage of the list, with no fees allowed outside the list. Can you please elaborate on the considerations and arrangements in this regard? Niu Yubin: In recent years, in order to strengthen the supervision of enterprise-related fees, various regions and departments have explored innovative methods. Relevant national departments have established four fee list catalogs including administrative fees, government funds, enterprise-related guarantees of State Council departments, and operational service fees with government pricing. From the practical effects, the management of fee items within the list is relatively standardized and reasonable, playing an important role in constraining the behavior of fee collectors and improving fee transparency. In order to further effectively regulate the fee collection behavior of government departments and their subordinate units, and to fully summarize the experience of the existing four fee lists, the "Guiding Opinions" propose to improve the enterprise-related fee list system for three main considerations. Firstly, setting the "boundary". Some government departments and their subordinate units possess administrative power and influence, and have a large degree of discretion in fee collection due to their advantageous position when providing services. The "Guiding Opinions" clearly stipulate that each department and province must establish a comprehensive enterprise-related fee list for government departments and their subordinate units, achieving full coverage of the list. Any fee items outside the list are not allowed to be collected, thus defining a clear boundary for enterprise-related fee collection behavior. This will effectively curb irregular fee collection practices such as government departments and their subordinate units setting up fee items arbitrarily or expanding the scope of fees, urging fee collectors to strictly adhere to legal and regulatory provisions, further regulating the order of enterprise-related fee collection. Secondly, shining a "light on the list". Some fee items established by government departments and their subordinate units lack transparency, with unclear service content, undefined service standards, and unreasonable fee standards. The "Guiding Opinions" clearly state that the fee list should include basic information such as service content, service standards, and fee levels. This will ensure that enterprises can clearly understand the specifics of each fee item, know exactly what fees they should pay, effectively prevent irregular fee collection due to information asymmetry, and allow enterprises to understand fees clearly. Thirdly, conducting a "comprehensive check". There are a large number of enterprise-related fee policies, which are dispersed in form, and although some enterprise-related fees are included in the list, they are not updated in a timely manner, and do not effectively achieve the goal of information transparency. The cost for enterprises to obtain information remains high, facing difficulties in searching, verifying, and safeguarding their rights. The "Guiding Opinions" propose that each department and province must establish clear and comprehensive fee lists, disclosing them to society through various channels such as government portals and administrative transparency columns, and updating them dynamically. This will strengthen policy integration, facilitating rapid inquiry for enterprises. At the same time, enterprises can verify the legality and reasonableness of fee items according to the list, promptly identify irregular fee collection issues and report them to relevant departments, enhancing enterprises' awareness and capabilities for safeguarding their rights. In order to effectively implement the enterprise-related fee list system and fully utilize the role of the list, four main work arrangements are proposed. Firstly, comprehensively review fee items. It is required that various regions and departments strictly review and clear out enterprise-related fee items in their respective areas and fields in accordance with laws, regulations, and relevant policy documents to ensure that each fee item has a legal basis. Secondly, establish a unified list format. The four departments will work together with relevant departments to establish a unified format and compilation requirements for the list, clearly define the basic information covered by the list, compilation methods, and publication forms. Various regions and departments are to compile the list in accordance with uniform standards to achieve standardization and consistency in the fee list. Thirdly, specify the time limit for public disclosure and dynamic updating requirements. The four departments will urge and guide various regions and departments to promptly disclose the enterprise-related fee list to society and establish a mechanism for dynamic adjustments. When there are changes in fee policies, such as adding, cancelling, or adjusting fee items, the list must be updated within the specified time to improve accuracy and timeliness. Fourthly, enhance supervision and inspection. The four departments will conduct regular checks and random inspections of the compilation and implementation of enterprise-related fee lists by various regions and departments. They also encourage all sectors of society to supervise the implementation of the enterprise-related fee list system. For behaviors such as failing to compile the list as required, incomplete or inaccurate list content, failure to update the list in a timely manner, and irregular fee collection outside the list, the four departments will, together with relevant authorities, take necessary regulatory measures such as interviews and reminders, require timely rectification, publicly expose violations, and impose penalties in accordance with the law and regulations. Reporter from China Daily: Enterprise guarantees are an important aspect of enterprise-related fee matters. In recent years, the Ministry of Industry and Information Technology and the Ministry of Finance, together with relevant departments, have carried out standard management of enterprise guarantees. Could you please introduce the progress of this work and the considerations for the next steps? Wang Wenyuan: In order to implement the State Council's deployment, in 2017, the Ministry of Industry and Information Technology and the Ministry of Finance, together with relevant departments, cleared and standardized the State Council's enterprise guarantees. They cancelled fee projects that had no legal basis or were not approved by the State Council, and formally established a list of State Council's enterprise guarantees and made it public. Various regions also formulated their own enterprise guarantee lists according to the same guidelines and made them publicly available. The system requires that enterprise guarantees not included in the list cannot be implemented, and that new enterprise guarantee projects established by government agencies must comply with relevant laws, regulations, or be approved by the State Council. This has standardized the collection and management of enterprise guarantees from a systematic perspective, playing a positive role in stabilizing society and business expectations. In 2023 and 2024, our ministry and the Ministry of Finance issued announcements twice, optimizing and adjusting the list of State Council's enterprise guarantees, and promoting the comprehensive implementation of surety bonds (insurance) as an alternative to cash guarantees to reduce the encroachment on business cash. It is required that for those guarantee projects that are allowed to be replaced by surety bonds (insurance) according to regulations, businesses can use either cash or surety bonds (insurance). I hope that helps!Payment through financial institutions and guarantee institutions is required for guarantee letters (insurance), and no unit shall exclude, restrict, or refuse such payment in order to effectively reduce the financial pressure on businesses. In recent years, the Ministry of Industry and Information Technology and the Ministry of Finance have conducted annual surveys on the burden of enterprises to regularly understand the implementation of corporate deposits and the existing problems. This has been made a key focus of the national inspection on reducing the burden on enterprises. Relevant departments have been organized to conduct on-site inspections and inspections, in order to continuously promote the standardization and institutionalization of the clearance of corporate deposits.Next, my department will leverage the leading role of the State Council Inter-Ministerial Meeting on Reducing Corporate Burden, and work together with the Ministry of Finance and other relevant departments to further improve the standardized management of government department-related corporate guarantee funds. First, we will annually adjust the contents of the catalog list dynamically to urge relevant departments to reduce the burden of corporate guarantee funds and expand the scope of letter of guarantee (insurance) replacing cash guarantee funds. Second, we will establish a sound long-term supervision and inspection mechanism, strengthen the investigation and accountability of violations related to corporate guarantee funds, report typical cases, and create a deterrent effect. Third, we will organize various regions and relevant departments to strengthen the publicity and interpretation of corporate guarantee fund policies and catalog lists through government websites and public media channels, mobilize the whole society to supervise, actively respond to corporate demands, and create a favorable business environment. Daily Economic News Reporter: The "Guiding Opinions" clearly require the establishment of a catalog management system for administrative fees and government funds. How will the Ministry of Finance implement this measure next? Guo Chui Ping: Thank you for your question. The Ministry of Finance has always attached great importance to the management of administrative fees and government funds catalog lists. In accordance with the deployment of the State Council, the Ministry of Finance has published a "one-stop shop" for the national government funds and administrative fees catalog list on the official website, consolidating and publicizing the catalog lists of central and provincial (autonomous region, municipality) administrative fees, corporate administrative fees, and government funds. The main features of the "one-stop shop" are as follows: first, it is more convenient to query. The Ministry of Finance has set up a special column on the homepage of the official website for the "National Government Funds and Administrative Fees Catalog List," creating a unified online public platform that is more prominent, attractive, and easy to read, facilitating public inquiries and supervision. Second, it is more standardized in format. The "one-stop shop" is divided into three sub-catalog lists: administrative fees, corporate administrative fees, and government funds, based on the classification and attributes of fee items, making the lists more comprehensive, intuitive, and easy to understand. Third, it is more informative. In addition to publishing the "one-stop shop," a column on "fee reduction measures since 2013" and "policy regulations and interpretations" has been added to showcase the fee reduction measures implemented by the central government since 2013 and various fee fund management systems, with necessary policy interpretations to help the public have a more comprehensive and systematic understanding of the relevant policies. Next, the Ministry of Finance will focus on the following tasks in accordance with the deployment of the "Guiding Opinions": First, further implement and improve the administrative fees and government funds catalog list system, achieving full coverage of central and provincial (autonomous region, municipality) administrative fees and government fund projects, updating the lists dynamically and comprehensively. Second, guide local governments to update and improve the "one-stop shop" and compile catalog lists of administrative fees and corporate administrative fees established by various regions, ensuring the completeness, accuracy, and timeliness of the list contents. Third, strengthen supervision of the implementation of the "one-stop shop," leveraging the preventive effect of the catalog lists to ensure the effective implementation of the "one-stop shop" and prohibit any fees outside the catalog lists. Xinhua News Agency Reporter: The "Guiding Opinions" point out the need to improve the evaluation and review mechanism for policies and measures related to enterprise fees. How will the State Administration for Market Regulation promote the implementation of this evaluation and review work for policies and measures related to enterprise fees? Han Li: Conducting evaluations and reviews of policies and measures related to enterprise fees is an important measure to prevent illegal and irregular fees at the source, serving as the "first line of defense" against unlawful fee collection. Currently, the State Administration for Market Regulation is actively studying and formulating a comprehensive rectification plan in cooperation with relevant departments, clarifying the scope, standards, rules, and procedures for reviews. In the next steps, we plan to focus on rectifying existing policies and reviewing new policies from two aspects to effectively carry out this work. First, we will focus on clearing existing policies with illegal fees. Under the unified deployment of various ministries and provincial-level governments from the State Council, and in response to prominent issues raised by businesses, we will conduct self-inspections and corrections in accordance with review standards, canceling fee projects found to be in violation, promptly adding projects to the fee catalog list, and adjusting fee standards as needed. Second, we will strengthen compliance reviews of newly introduced policies and measures. Before issuing new enterprise-related policies and measures, we will conduct assessments in accordance with review standards, strictly prohibiting the introduction of new enterprise fee projects that violate regulations and preventing derivative issues such as intermediary service fees and fees for electronic government platforms. When conducting evaluations and audits on the consistency of macro policy orientations, legal compliance, and fair competition, we will reinforce scrutiny of relevant enterprise matters in terms of legality, fairness, reasonableness, and anticipated social impact. The Market Regulation Administration will work closely with relevant departments to coordinate efforts, conduct spot checks on the clearance and standardization of existing policies, and enhance supervision and guidance over self-inspection work on newly introduced policies in order to improve the quality and effectiveness of the review work. Yicai Reporter: As the leading unit of the State Council Inter-Ministerial Meeting on Reducing Corporate Burden, what considerations does the Ministry of Industry and Information Technology have for implementing and establishing a sound long-term supervision mechanism for enterprise fees in the next key task of reducing corporate burden nationwide? Wang Wenyuan: The Ministry of Industry and Information Technology has actively leveraged its leading role in the State Council Inter-Ministerial Meeting on Reducing Corporate Burden, working together with member units to earnestly implement the decisions and arrangements of the CPC Central Committee and the State Council. Following the work arrangements of the State Council, we have strengthened the implementation of measures to assist enterprises in overcoming difficulties, cracked down on illegal enterprise-related fees, and continuously optimized services for enterprises, playing a proactive role in stimulating the vitality of market entities and stabilizing economic growth. Next, we will work together with member units of the inter-ministerial meeting to conscientiously implement the requirements of the "Guiding Opinions on Establishing and Improving Long-Term Supervision Mechanisms for Enterprise-Related Fees." The key tasks we will focus on next include: First, we will introduce an implementation plan for reducing corporate burden nationwide by 2025, with standardization of enterprise-related fees as an important aspect. We will detail and implement relevant measures, clarify responsibilities, and urge all regions and departments to effectively implement these measures. Second, we will conduct a national survey on corporate burden, track the effectiveness of long-term supervision of enterprise-related fees, commission third-party organizations to conduct assessments, understand the issues related to enterprise fees and policy demands, compile a report on corporate burden surveys, and release it to the public. Third, we will hold a national campaign to promote policies for reducing corporate burden, working together with member units and conducting outreach efforts to raise awareness and understanding of enterprise fees and related policies. (Apologies for any possible errors in the translation.)Each province's department for reducing burdens systematically summarizes the experience and best practices of long-term supervision of enterprise-related fees, compiles and distributes policy handbooks, carries out various forms of policy publicity, helps enterprises understand and benefit from the policies, and creates a favorable business environment. In the process of implementing policies, innovative measures and typical cases in the field are used as examples to guide and lead others.The fourth is to jointly govern violations. Strengthen departmental joint punishment for discovered problems, comprehensively utilize market supervision, industry supervision, credit supervision and other means, legally increase the punishment intensity for violators of fees, and coordinate multiple departments to jointly expose typical cases that are strongly reflected by the public, have a great harmful impact, and are representative. Li Chao: The special press conference ends here today. Thank you to the four presenters and thank you to all the media friends for participating. If anyone has any further questions of interest, please feel free to contact our press office. Goodbye! This article is excerpted from "China Net", GMTEight editor: Xu Wenqiang.

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