In order to implement the decision and deployment of the Central Committee of the Communist Party of China and the State Council on carrying out the work of cleaning up laws, regulations, and policies related to unequal treatment of enterprises, and to remove institutional obstacles that hinder the development of enterprises, the Ministry of Justice today issued a notice on carrying out the work of cleaning up laws, regulations, and policies related to unequal treatment of enterprises (hereinafter referred to as the "notice"), soliciting clues on the issue of unequal treatment of enterprises by various laws, regulations, and policies. According to the Announcement, if it is deemed that there are any of the following situations in relevant laws, regulations, and policies, the issue can be reported through a designated email. Obstructing market access and exit. Setting unreasonable or discriminatory entry and exit conditions in infrastructure project construction, bidding, government procurement, etc; Restrict the operation, purchase, and use of goods and services provided by specific operators; Establish procedures and intermediary services with administrative licensing nature, such as approval and pre filing procedures without legal regulations or decisions of the State Council; Establish approval or filing procedures with approval nature for industries, fields, businesses, etc. outside the negative market access list; Illegal establishment of franchise rights or granting of franchise rights to enterprises without fair competition. Obstructing equal access to factors, free flow, and free flow of goods and services. Implement discriminatory pricing and subsidy policies for imported goods and services from other regions; Restricting the entry of goods and services from other regions and imports into the local market, or hindering the export of local goods and services; Excluding and restricting non local enterprises from participating in local public resource trading activities; Excluding, restricting, and forcing non local enterprises to invest or establish branches or business premises locally; Discriminatory treatment is applied to the investments or branches established by enterprises from other regions in the local area, which infringes on their legitimate rights and interests; Illegally adding migration conditions to restrict the migration or exit of enterprises; Unreasonable restrictive regulations are imposed on enterprises in terms of obtaining funds, land, talent, and other factors. Affects production and operating costs. Provide specific preferential policies to enterprises in areas such as financial subsidies, factor acquisition, taxation, environmental protection standards, and pollution discharge permissions in violation of laws and regulations; Illegally and irregularly arranging fiscal expenditures that are linked to the tax or non tax income paid by specific enterprises; Violating laws and regulations, reducing or delaying the social insurance premiums, taxes, etc. that specific operators should pay; Illegally requiring operators to provide or withhold various types of security deposits from operators; Setting discriminatory requirements in obtaining government investment funds, loans, and other financing in violation of laws and regulations. Affects the production and operation of enterprises. Illegally forcing enterprises to engage in monopolistic behavior as stipulated in the Anti Monopoly Law of the People's Republic of China; Illegally disclosing or requiring enterprises to disclose sensitive information on production and operation, providing convenient conditions for other operators to engage in monopolistic behavior; Illegally exceeding pricing authority for government pricing; Illegal intervention to regulate the price level of goods and services in the market. Administrative supervision and law enforcement. Illegally setting discriminatory inspection items and inspection frequency for different enterprises; Illegally setting up administrative discretion benchmarks for different enterprises, and making clearly discriminatory administrative penalties, coercive measures, and enforcement decisions for specific enterprises. The announcement clearly states that problem clues should be sent to before September 30, 2024 fgql@chinalaw.gov.cn The email must clearly indicate the problem
Edit：Jia jia Responsible editor：Liling
Source：http://www.legaldaily.com.cn
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