National Law No.3 [2005]

Municipal People's Governments under the jurisdiction of provinces and departments of provincial people's governments: Several Opinions of the State Council on Encouraging, Supporting and Guiding the Development of Non-public Economy such as Individual and Private Economy (Guo Fa [2005] No.3) is a programmatic document to comprehensively promote the development of non-public economy, which will effectively promote the healthy and sustainable development of China's non-public economy. In order to conscientiously implement the spirit of Document No.3 of the State Council [2005] and encourage, support and guide the development of the non-public economy, we hereby put forward the following implementation opinions, please implement them together with Document No.3 of the State Council [2005]. First, fully understand the significance of accelerating the development of the non-public economy. The individual private non-public economy is an important part of the socialist market economy and an important force to promote the development of social productive forces. Vigorously developing the non-public economy is of great significance to promoting economic growth, optimizing economic structure, increasing fiscal revenue, expanding employment and prospering urban and rural economy. At present, the development of non-public economy in our province is strong, the total amount is growing rapidly, and the quality and efficiency are further improved. In 2005, the added value of the non-public economy in our province accounted for 52% of the regional GDP, and the tax paid accounted for more than 40% of the province, which further highlighted its supporting role in the national economic development of our province and was in a critical period of healthy development. It is of great significance to thoroughly implement the spirit of Document No.3 issued by the State Council [2005] and accelerate the development of non-public economy for promoting the all-round economic and social development of our province, realizing the rise of the Central Plains and building a harmonious society. The second is to increase financial support for the non-public sector of the economy, implement the relevant provisions of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises and the State Council [2005] No.3 document, and provincial finance should further increase financial support. Funds used by governments at all levels to support enterprise development, such as county economic development funds, special funds for industrial restructuring and high-tech industrialization, funds for agricultural restructuring, funds for small and medium-sized enterprises to explore the international market, and funds for science and technology, should break the boundaries of ownership and actively support the development of non-public economy and small and medium-sized enterprises without discrimination. The third is to effectively solve the financing difficulties of non-public enterprises, and encourage policy banks to rely on local commercial banks and other small and medium-sized financial institutions and guarantee institutions to carry out refinancing and secured loans with non-public small and medium-sized enterprises as the main service targets. Give full play to the role of the credit department of small and medium-sized enterprises in banks and increase the proportion of loans to non-public enterprises. Support non-public enterprises to raise funds through equity financing and project financing. Encourage and support qualified non-public enterprises to go public at home and abroad for financing, and give policy incentives to enterprises and meritorious personnel who successfully issue shares for listing. Encourage and support qualified non-public enterprises to issue corporate bonds, trust plans and short-term financing bonds in accordance with relevant state regulations, and vigorously develop the pawnbroking industry and financial leasing industry. Governments at all levels are encouraged to set up venture capital and venture capital guidance funds, and support the development of venture capital and venture capital institutions by means of interest subsidies for equity participation. Encourage domestic and foreign investment institutions, financial institutions, enterprises and other organizations and individuals to participate in the development of venture capital. Vigorously cultivate small loan organizations initiated by natural persons, enterprise legal persons or legal person groups, guide non-public enterprises, natural persons and farmers to develop mutual fund organizations, actively start private capital, and standardize private lending behavior. Encourage and support non-public enterprises to carry out foreign economic cooperation and shareholding system reform, and raise funds for enterprise development through multiple channels. Fourth, speed up the construction of credit guarantee system and encourage the development of non-profit policy guarantee institutions funded or invested by the government; Vigorously develop commercial guarantee institutions established by enterprise capital, social capital and private capital investment; Support enterprises to set up mutual guarantee institutions. We should actively build a credit guarantee system for small and medium-sized enterprises covering the whole province and the non-public economy. The provincial finance should increase the capital of the credit guarantee service center of small and medium-sized enterprises in the province year by year, expand the scale of guarantee capital, and continuously enhance the guarantee ability. Governments at all levels should arrange funds for the development of credit guarantee industry in the financial budget to support the risk funding of policy guarantee institutions and re-guarantee institutions, and the risk compensation funding of guarantee and re-guarantee institutions. Industry and commerce, construction, land and resources, public security and other related functional departments. Banks at all levels shall confirm the qualifications of mortgage and pledge holders of guarantee institutions. The mortgage and pledged assets of guarantee institutions and insured enterprises during the guarantee business shall be registered, and the government registration authority shall handle the registration formalities in time. The guarantee institution and the insured enterprise may entrust a qualified appraisal institution to appraise the assets to be appraised, and the fees charged by the appraisal institution shall be determined by the entrusting party through consultation with the appraisal institution on the basis of not exceeding the provisions of the state. The relevant functional departments shall, in accordance with the relevant state policies and regulations, reduce or exempt the expenses incurred by guarantee institutions in compensation settlement and transfer. Strengthen the supervision of credit guarantee institutions. Provincial SME credit guarantee institutions implement centralized management. The credit guarantee management committee shall be established by the working departments of small and medium-sized enterprises at all levels in conjunction with relevant departments such as finance, banking supervision, people's bank, personnel and civil affairs, and shall implement macro management, organization and coordination of credit guarantee institutions. All functional departments should perform their duties, cooperate with each other and be supervised by * * *. Governments at all levels and relevant departments shall allow guarantee institutions to inquire about relevant information that can be disclosed according to law in the archives of insured enterprises. Five, promote the construction of credit system of non-public enterprises, make full use of information resources provided by various departments, and accelerate the establishment of credit system of non-public enterprises with credit registration, collection, evaluation, supervision, information disclosure, rewards and punishments as the main contents. Gradually establish and improve the credit files and credit databases of non-public enterprises, and realize the socialization of enterprise credit information inquiry, exchange and enjoyment. Carry out the evaluation and identification of excellent and honest enterprises, and support enterprises with high credibility in enterprise financing, loan guarantee, project discount, listing recommendation, land use and bond issuance. 6. Encourage and support independent innovation of non-public enterprises. Governments at all levels should increase policy support and actively support scientific and technological innovation of non-public enterprises. Encourage enterprises to increase investment in technological innovation, and take R&D investment and technological innovation ability as the conditions for enterprises to apply for scientific and technological financial support. Encourage qualified enterprises to establish R&D institutions and improve their independent innovation ability. Encourage enterprises to establish various technical innovation cooperation organizations with universities and scientific research institutions. Strong support should be given to key laboratories, engineering technology research centers and other scientific and technological innovation institutions established by non-public enterprises, as well as technology research and development and transformation projects that have a significant impact on enterprise structural adjustment and industrial upgrading. To accelerate the development of private scientific and technological enterprises, we should create a more favorable policy environment for private scientific and technological enterprises in terms of scientific and technological investment and financing, market access and anti-unfair competition, and actively support technological innovation of private scientific and technological enterprises. Encourage enterprises to transform traditional industries with high-tech and advanced applicable technologies, lengthen and extend the industrial chain, and promote the optimization and upgrading of traditional industries, especially pillar industries. Strengthen the promotion of brand strategy, and the provincial government will commend or reward non-public enterprises that have obtained well-known trademarks in China or brand-name products and products in China to fill domestic gaps; Non-public enterprises that have won provincial well-known trademarks or provincial famous brand products shall be commended or rewarded by the municipal government under the jurisdiction of the province where the enterprise is located. Seven, improve the service system of non-public economy, governments at all levels and relevant departments should enhance service awareness, improve service methods, innovate service means, and strengthen planning and guidance for the development of non-public economy. Strengthen the monitoring and analysis of the development trend of the non-public sector of the economy, and timely announce to the public information such as industrial policies, development plans, investment priorities and market demand. Strengthen investigation and study, grasp the characteristics of different stages of non-public economy development in time, and help solve practical problems in development. Improve and perfect the current statistical system of non-public economy, and timely and accurately reflect the development of non-public economy. The relevant departments and news media should increase the propaganda of the non-public economy and create a public opinion atmosphere conducive to the development of the non-public economy. Strictly implement the Administrative Licensing Law of People's Republic of China (PRC), and conscientiously implement the Notice of the General Office of the Provincial Party Committee and the General Office of the Provincial Government on Printing and Distributing the Measures for Investigating the Responsibility for Acts of Destroying the Economic Development Environment in Henan Province (Trial) (Yu Ban [2006]13). Any administrative examination and approval items that do not meet the relevant provisions of the state shall be cancelled. To further clean up the fees charged by administrative organs and institutions, no department or unit has the right to set up administrative fees, let alone force enterprises to provide various sponsorship fees or accept paid services for any reason, except for administrative fees stipulated by national laws and regulations, the State Council and its financial and price departments and the provincial government. The people's governments at or above the county level (including the county level) shall set up complaint centers for private enterprises to receive complaints from enterprises and safeguard their legitimate rights and interests. Eight, guide enterprises to standardize the development of non-public enterprises to implement national laws and regulations, operate according to law, and pay taxes according to regulations; Strictly implement the national industrial policies and relevant regulations on environmental protection, health, quality, labor security and safety in production, adjust and optimize the industrial structure, and develop a circular economy; Constantly strengthen quality management and management system certification, organize production and provide services in strict accordance with relevant standards, and guide non-public enterprises to take the road of quality and efficiency; Set up accounting books according to law to ensure the truthfulness and completeness of accounting data, set up original statistical records and accounting books according to law, and establish and improve the system of examination, handover and file management of statistical data; Strengthen and improve the basic work of statistics and submit statistical information according to law. Enterprises shall establish standardized sole proprietorship enterprises, partnership enterprises and corporate enterprises in accordance with the provisions of laws and regulations. Companies should strictly regulate the transfer of equity and improve the corporate governance structure in accordance with the requirements of the Company Law of People's Republic of China (PRC). Nine, strengthen the leadership of the non-public economy, governments at all levels should incorporate the development of the non-public economy into the overall planning of national economic and social development, and into the management of government work objectives. The province holds a non-public economy work conference or entrepreneur forum once a year, and a non-public economy commendation meeting every two years to constantly innovate and improve the commendation method and content. Establish an evaluation system and assessment methods for the non-public economy, and conduct an assessment on all departments and units involved in the development of the non-public economy every year. Assessment results are an important part of job performance evaluation.