Notice of Shanghai Municipal People’s Government on Issuing the Guiding Opinions on Promotion and Implementation of “One Industry One License” Reform All over the Municipality
(Apr 21, 2021)
SMPG D [2021] No.5
Attention: all District People’s Governments, all Commissions, Offices and Bureaus(Administrations) of theMunicipal People’sGovernment, and all relevant units:
We hereby issue the Guiding Opinions on Promotion and Implementation of “One Industry One License” Reform All over the Municipality to you, and request you to implement them conscientiously.
Guiding Opinions on Promotion and Implementation of “One Industry
One License” Reform All over the Municipality
With a view to bringing into effect the Opinions of the State Council on General Plan of Pudong New Area of Shanghai for “One Industry One License Pilot Reform for Cost Reduction of Industry Access (SC [2021] No. 155), and further improvingthe comprehensive efficiency and overall benefitsof the reform, and in accordance with arrangement of key work of the CPC Municipal Commission and the Municipal People’s Government, the Guiding Opinions on Promotion and Implementation of “One Industry One License” Reform All over the Municipality is hereby proclaimed:
I. General Requirements
1. Guiding ideology. All government departments concerned herewith shall adhere to Xi Jinping’s Thought on Socialism with Chinese Characteristics for a New Era as the guidance, fully carry forward the spirit of the 19th CPC National Congress and the Second, Third, Fourth and Fifth Plenary Sessions of the 19th CPC Central Committee, implement decisions and plans made by the Party Central Committee and the State Council on deepening the reform of “streamlining administration and delegating powers, improving regulation and upgrading services” and improving the doing business environment, maximize the convenience of the enterprises and the people as main tasks, promote the Integrated Online Platform reform as priority initiatives, promote the implementation of “One Industry One License” reform all over the Municipality, explore and establish a comprehensive industry licensing mechanism and an industrycomprehensive regulation mechanism, integrate the multiple licenses concerning market entities entering a specific industry into one industrycomprehensive license, elevate approval and administration service to shift from “government supply-centered” to “market demand-centered”, and dramatically reduce cost of industry access so as to develop a world-class doing business environment.
2. Main objectives. For the 25 pilot industries in Pudong New Areaapproved by the State Council which are only subject to local authority to implement the reform of “one industry one license”, all districts shall select some of them to initiate the said reform from May 1,2021.The reform of “one industry one license” will be fully implemented from October 1, 2021. On this basis, more industries highly concerned with by market entities and industries where there is a high application frequency shall be promoted to implement the reform of “one industry one license” all over the Municipality and whenever a group of practices are proven mature, they shall be implemented.
II. Reform Tasks
1. Reconstructing industry access conditions to achieve “once-and-for-all notification”. All conditions of the same industry shall be standardized and integrated into one document with premises, equipment, capital, personnel and management system as basic modules, provided that the standing access conditions formulated by all departments are unchanged. A thorough understanding should be achieved as to the specific features of market entities in such aspects as business scope, operation scale and technological process, through online “intelligent Q&A” process, so as to formulate a clear, accurate, concise and easy-to-understand notification form and inform, at one time, the market entities of necessary conditions and materials which shall be submitted by the market entities.
2. Recreating the application procedure for examination and approval to achieve “one-form application”. Based on the integrated industry access conditions and information elements, the multiple application forms involved in the same industry market access license shall be integrated into one application form. Smart online form-filling systems shall be developed and applied so as to automatically select relevant information elements from government-sharing information and application materials submitted by market entities to prefill the application form and then applicants may verify, supplement and confirm the information.
3. Rebuilding receipt and acceptance mode to achieve “one-time acceptance”. Promote the transformation of market entities’ administrative affairs handling from “finding the department” to “finding the government”, establish online special entry for “one industry one license”, optimize offline “one industry one license” special counters so as to meet the requirements of online and offline integration, unified standards and complementary channels and achieve the objective of one entrance, one acceptance, and one acceptance process.
4. Rebuilding license review procedures to achieve “handling via one network office”. Strengthen collaboration of departments on the basis of the Integrated OnlinePlatform. All relevant departments simultaneously obtain the acceptance information and the information gathered by relevant previous handling departments, completethe examination and approval proceduresparallelly within limited time in accordance with their statutory powers, and issue a single and comprehensive license provided that review results are satisfactory. All departments shall simplify their procedures for internal workflow, as well as for the submission for approval. For simple applications for examination and approval, an authorized counter shall manage them immediately after receipt; And complex and frequent applications for examination and approval shall go through a double check mechanism for examination and approval.
5. Reshaping the industry access documents, to realize the “a good-for-all license”. Integrate multiple licenses involved in an industry access into one industry comprehensive license, including all single separate licenses. All district competent departments for government services shall make the industry comprehensive license in accordance with the unified style and standard norms, affixed with the “Special Seal for Industry Comprehensive License of × × District, Shanghai”. The industrycomprehensive licenses issued by each district shall be recognized mutually by all districts throughout the Municipality, and the market entities may carry out relevant business activities with the industrycomprehensive license.
6. Rebuilding industry administration structure to achieve “integrated administration”. For industries listed in the reform of “one industry one license”, all districts shall determine the leading department and the collaborative departments for industry administration on a case-by-case basis so as to establish a collaborative mechanism led by one department and participated by relevant departments for examination, approval, regulation and service. Establish a supporting industry comprehensive regulation mechanism compatible to industrycomprehensive licensing to straighten out regulation responsibilities, clarify regulation rules and standards, sort out risks for industry regulation and organize and carry out comprehensive regulation and law enforcement.
III. Reform Guarantee
1. Implementing catalogue administration for reform-related industries. This Municipality shall establish a unified catalogue of industries ofthe “one industry one license” reform, standardizing the names of the industries and the matters involved. The General Office of Shanghai Municipal People’s Government shall organize relevant departments to compile and dynamically administer the unified catalogue of industries of the “one industry one license” reform. All districts may determine their own industry catalogue of the “one industry one license” reform in accordance with the unified catalogue and may give new and adjustive suggestions to the unified catalogue.
2. Formulating norms and standards for examination and approval, and regulation. Leading departments of all districts for “one industry one license” reform-related industries, with collaborative departments, shall formulate detailed rules on implementation of reform, provisions on guidance on matters aboutindustry comprehensive licenses, the application form, and the approval procedure, and detailedrules on industry comprehensive regulation. Pudong New Area shall take the lead to formulate mechanisms and standards for approval and regulation which may be replicated and promoted for the first batch of 25 pilot industries only subject to local authority, and after these mechanisms and standards approved by municipal competent departments, all districts may formulate relevant mechanisms and standards with reference to Pudong New Area.
3. Promoting online system construction and data sharing. A “one industry one license” online application system shall be constructed and upgraded so as to achieve convenient inquiry, accurate matching and intelligent form-filling and guide and encourage market entities to use online application. The cross-regional, cross-departmental, and cross-level data sharing mechanism shall be improved to share such data as electronic certificates, annual reports, licenses, punishment and credit, and supportto improve quality and efficiency of approval and regulation. For the industry comprehensive licenses issued, electronic management will be implemented and they shall be promptly collected into the municipal electronic license database. This Municipality shall encourage market entities to use electronic verification of licenses and certificates.
4. Reinforcing collaboration of approval and regulation. This Municipality shall improve the two-way feedback mechanism for comprehensive industry licensing and regulation and law enforcement information, strengthen the connection between all departments in the whole process of approval, service and regulation, so as to ensure a seamless coordination between departments and no blind spot in risk prevention. Accelerate the transformation of the regulation mode, advance “Internet plus regulation”, “random selection of both inspectors and inspection targets and the prompt release of results”, classified credit regulation, collaborative and joint regulation, etc., and improve the effectiveness of regulation while avoiding law enforcement at the cost of disturbing the people.
5. Strengthening the legal guarantee for licensing reform. The content of the industry comprehensive license shall be subject to the content of the administrative license information loaded through QR code and other forms, and the loaded electronic administrative license information shall have the same certification force as the corresponding paper administrative license. The industry comprehensive license shall not cancel the existing administrative license matters, and shall not change the licensing authority, legal effect and legal relationship of the standing administrative license. Where an administrative reconsideration or administrative litigation arises from the implementation of administrative licensing, the relevant administrative examination and approval departments shall bear the corresponding responsibilities in accordance with law. When processing an industry comprehensive license, the handling institutions shall inform the market entities of the administrative examination and approval departments implementing the relevant administrative licensing and the corresponding legal remedies.
IV. Organization and Implementation
1. Strengthening organizing and leading abilities. All districts shall have a common understanding, establish a work mechanism for promoting reform, determine coordinative departments of reform, leading departments and collaborative departments of each industry of the reform so as to create joint forces for reform. The General Office of Shanghai Municipal People’s Government, in collaboration with the relevantmunicipal departments, shall strengthen work guidance and supervision, make timely assessment of reform, and adjust and improve relevant mechanism design and policy arrangement.
2.Promoting implementation of the reform. All districts shall formulate work plans for “one industry one license” reform, make a timetable and a road-map, promote implementation of reform in an orderly and powerful manner, and intensify exploration and innovation. Relevant municipal departments shall actively support reform, enhance administrative guidance and supervision, promote the devolution of municipal administrative powers concerning reform-related industry to all districts, and coordinate and solve problems and difficulties in work.
3.Intensifying publicity and guidance. All districts and departments shall ensure interpretation and publicity, publish the industry catalogue of “one industry one license” reform and guidance on matters about industrycomprehensive license for each industry so that market entities and the people can fully understand the reform practices and develop a good atmosphere for reform, promptly respond to concerns, actively guide expectations and effectively raise public awareness and satisfaction of market entities.
These Guiding Opinions shall be effective as of April 25, 2021. The working plans of all districts for the “one industry one license” reform shall be filed to the General Office of Shanghai Municipal People’s Government for record before the implementation.
Annex 1. Industry Catalogue of “One Industry One License” Reform of Shanghai(the First Edition)
2. Format of Industry Comprehensive License
Annex 1
Industry Catalogue of “One Industry One License” Reform of Shanghai
(The First Edition)
