Manage "in" and "out" the first batch of laws and regulations in Pudong New Area
2021-09-29
On the 28th, the 35th meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress voted and adopted the provisions of Shanghai Pudong New Area on deepening the reform of "one industry and one certificate" and the provisions of Shanghai Pudong New Area on the withdrawal of market players. These are the first two Pudong New Area regulations formulated by the Standing Committee of the Shanghai Municipal People's Congress under the authorization of the Standing Committee of the National People's Congress. They will be implemented from October 1 and November 1 this year, respectively, to strengthen the protection of the rule of law for Pudong to build a leading area for socialist modernization. Deepen the reform provisions of "one industry, one certificate" to provide strong institutional support for the realization of "one seal for examination and approval". "One industry, one license" reform refers to the reform measure of integrating multiple licenses involved in market players entering a specific industry into one comprehensive industry license by optimizing the approval process and centralized approval procedures. The provisions put forward specific requirements for deepening the reform of "one industry and one license", including the establishment of a single track system reform of industrial comprehensive license, the establishment of a unified validity period system of industrial comprehensive license, and the implementation of the notification commitment system for the approval conditions such as places, equipment, personnel, funds and management systems involved in the industries included in the reform of "one industry and one license"; Support Pudong New Area to explore and implement the market permission commitment, namely entry system, based on the reform of "one industry and one certificate"; Prepare a list of industries for "one industry, one certificate" reform, etc. Several provisions on the withdrawal of market subjects mainly include the facilitation measures for the cancellation of market subjects, the creation of compulsory delisting and compulsory cancellation system, and the establishment of subrogation cancellation system. For example, optimize the simple cancellation registration procedure, and promote the withdrawal of market entities from the whole process of online processing through the "all in one network" platform; Clarify a series of legal consequences of forced delisting of market subjects, release name resources in time, and clean up and eliminate the subject qualification of "lost contact enterprises" and "zombie enterprises" in time while protecting the interests of creditors and other interested parties; Emphasize the liquidation obligation, and make it clear that if the market subject is cancelled according to law without liquidation, the organizational liquidation obligation undertaken by the liquidation obligor remains unchanged. In June this year, the 29th meeting of the Standing Committee of the 13th National People's Congress voted and adopted relevant decisions, authorizing the Shanghai Municipal People's Congress and its Standing Committee to formulate laws and regulations of Pudong New Area and implement them in Pudong New Area in accordance with the needs of Pudong's reform and innovation practice and in accordance with the provisions of the Constitution and the basic rules of law and administration. (reporter Guo Jingdan, he Xinrong) (outlook new era)
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