Provisions of Shanghai Municipality on Deepening the Reform of "One Industry,One License" in Pudong New Area

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Provisions of Shanghai Municipality on Deepening the Reform of "One Industry,One License" in Pudong New Area

(September 28, 2021)

No.84

Article 1 With a view to continuously deepening the reform of "One industry, One license", promoting the transformation of government examination and approval service to ing on the needs of market entities, and optimizing the business environment, these Provisions are hereby formulated in accordance with the basic principles of relevant laws and administrative rules and in the light of the actual circumstances of Pudong New Area.

Article 2 These provisions shall apply to the related management and service activities of deepening the reform of “One industry, One license” in Pudong New Area after the registration of market entities.

The reform of “One industry, One license” mentioned in these Provisions refers to the measures of integrating multiple licenses into one comprehensive license for an access of market entities to a specific industry through optimization and centralization of the examination and approval process.

Article 3 In deepening the reform of “One industry, One license” in Pudong New Area, we should adhere to demand orientation, re-create the examination and approval management service process, and innovate institutional supply; adhere to the system integration, establish the integration service mechanism for market entities in their whole life cycle, implement the combination of decentralization and regulation; make breakthroughs in key areas, activate the development vitality of market entities,and boost industrial development.

Article 4 The People's government of Pudong New Area shall strengthen the organization and leadership of deepening the reform of “One industry, One license” and establish and perfect the working mechanism of overall planning and promotion of the in-depth reform.

The examination and approval system reform department of Pudong New Area shall be responsible for organizing and coordinating the reform of “One industry,One license”, conducting public evaluation of reform satisfaction, and summarizing and refining reform and innovation measures.

Relevant examination and approval departments of Pudong New Area shall, on the basis of their functions and powers or upon authorization, be responsible for the acceptance, examination and decision on specific administrative licenses as well as on the relevant in-process and post-process supervision.

The Administrative Examination and Approval Bureau of Pudong New Area shall be responsible for the handling of comprehensive industry licenses.

Article 5 It is necessary to, in accordance with the reform arrangements of the State and this Municipality, compile a reform list of “One industry, One license” in Pudong New Area.

The People's Government of Pudong New Area shall designate the leading management department and coordinating management department for the industries included in the reform of “One industry, One license”. The leading management department shall coordinate and guide the approval, supervision and service work in the reform of “One industry, One license”, organize the formulation of unified comprehensive license rules applicable to the industry, establish and improve the whole process management and integrated supervision system on comprehensive licensing for industries.

Article 6 It is necessary to further promote the “Government Online-Offline Shanghai” for government affairs services and set up online columns and offline special window for “One industry, One license” in Pudong New Area. The applicant can inquire the reforming industry of “One industry, One license” through the “Government Online-Offline Shanghai” platform, obtain the notification form and application form that integrate all the admission conditions of the industry, and handle it online.

Relevant examination and approval departments shall examine and approve in a parallel way the application submitted by the applicant and unitedly accepted by the Administrative Examination and Approval Bureau of Pudong New Area, complete it within a limited time. The Bureau shall make a unified comprehensive industry license and other relevant documents and have them delivered.

Article 7 The comprehensive industry license is the efficacy integration of multiple administrative licenses involved in the operation activities of the industry in the reform of “One industry, One License”, and it is the proof to confirm that the market entity has obtained the relevant administrative licenses and the qualification of industrial quasi-operation.

Relevant state organs shall recognize the validity of the comprehensive industry license, and shall no longer accept or issue a single administrative license involved in the admittance of the relevant industry. In related management service activities, they shall not require market entities to provide a single administrative license.

Article 8 It is necessary to establish a unified period of validity system for the comprehensive license of the industries that are included in the reform of “One industry, One License” in Pudong New Area. The term of validity set by a single administrative license may be abolished or extended after it is integrated into a comprehensive industry license.

Where the single administrative license integrated into the comprehensive license of the industry is altered or invalid, the relevant administrative examination and approval department shall simultaneously adjust the corresponding information of such a license of the industry.

Article 9 With regard to the examination and approval conditions of the place, equipment, personnel, capital and management systems involved in the industries included in the reform of “One industry, One certificate”, the system of commitment notification may be implemented, allowing the applicant to substitute the letter of commitment for the materials that prove the conformity with relevant examination and approval conditions, but the materials that are directly related to state security, state secrets, ideological security, public security, prudential supervision of the financial sector, ecological and environmental protection, personal health, and personal life, life and property security are excluded.

It is supported to explore the implementation of a commitment - oriented quasi-market admission based on the reform of “One industry,One license” in Pudong New Area.

Article 10 As for the industries included into the reform of “One industry, One license”, relying on the“Government Online-Offline Shanghai” platform, through the certification cohesion mechanism of “Double notification, Double feedback and Double track” and the coordinated supervision mechanism of “Double randoms, Double evaluation, Double publicity”, it is necessary to implement the dynamic regulation, the risk,credit and classification supervision for the whole life cycle of market entities.

The industry supervision department and the market regulation department shall do a good job in business system connection and work linkage so as to make it convenient for market entities to fill in relevant information of their industry activities when releasing information.

Article 11 In Pudong New Area, it is necessary to establish a long-term mechanism for deepening the reform of “One industry, One license”, and aiming at the single-track system of comprehensive industry licenses, its unified validity period system, and the quasi-market business commitment admission and other measures, to formulate a list of reform measures on the basis of reform and innovation practice, make timely and dynamic adjustments and release them to public.

Article 12 This Municipality shall establish a government affairs information sharing mechanism compatible with the reform of “One industry,One license”. For the industries included in the reform of “One industry, One license”, the relevant departments and units shall timely and accurately share such information of market entities as permits, annual reports, penalties, credit and electronic licenses to the relevant departments in Pudong New Area, and shall not require the repeated submission from the market entities.

Relevant municipal-level departments involved in the reform of “One industry, One certificate” shall optimize and perfect the relevant industry application system, timely connect it with the application system in Pudong New Area, establish a data exchange mechanism, and ensure the in-depth implementation of the reform of “One industry, One certificate”.

Article 13 The Municipal People's Government and its relevant departments shall actively seek supports from the relevant departments of the State to deepen the reform of “One industry, One license” in Pudong New Area, increase empowerment, help solve the problems in the reform and summarize and popularize the reform experience in a timely manner.

Article 14 The industries included in the reform of “One industry, One license” shall not change the legal relationship of the administrative licensing implementation. The Bureau of Administrative Examination and Approval of Pudong New Area shall establish a consultation service mechanism for administrative reconsideration and administrative litigation, and inform the relevant parties of the respondent of administrative reconsideration and the defendant of administrative litigation.

Article 15 These Provisions shall be effective as of October 1, 2021.