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(21) Regulating business operation
NSOEs shall improve management, enhance performance, strictly abide by relevant laws, regulations and policies and observe market rules, ensure safety in production and honesty in operation and tax payment. To protect legal business operation and fair competition, relevant authorities shall cooperate with each other to keep good market order, ban all unlicensed businesses, punish illegal practices and doings that are harmful to consumers, such as production and sale of fake goods, cheating, tax evasion and tax fraud.
(22) Improving legal environment
Based on the principle of fairness and justice local laws and decrees and government regulations shall be made and perfected to protect the legitimate rights and interests of the NSOEs. Problems that occur in the development of NSOEs should be dealt with mainly through education, and resolved by economic or administrative means to the greatest extent. Public security authorities shall enhance security control in the production and operation venues of NSOEs. Judicial authorities shall severely punish illegal behaviors and crimes jeopardizing the normal operation order of NSOEs and violating private properties or personal safety of the owners of NSOEs. Particular personnel shall be assigned to handle under supervision cases involving large sums of money with grave consequences. The construction of the law-enforcement team shall be enhanced and cases involving NSOEs shall be vigorously and fairly processed to maintain the justice of law.
(23) Introducing special protection over particular enterprises
Efforts should be made to create an excellent environment for the development of NSOEs. For those from other provinces that have invested 10 million Yuan and above or that generate one million or more in tax annually and those listed as key NSOEs of the province, prefecture and county level, the local supervision authorities shall give them special protection. Inspections of such enterprises by administrative and legal authorities or law enforcement agencies cannot be conducted without the prior approval of the supervision authorities at the same level.
(24) Strengthening supervision over law-enforcement
Taking the serving of reform, development and stability as the point of departure in the work of political-legal organs, legal support should be provided to NSOEs. In the event that the legal authority deems necessary to apply restrictive measures to the legal representatives of a NSOE or to detain or close down properties of a NSOE or its legal representatives, the enforcement shall only become effective after the coordination with the CPC's political-legal work committee respectively at the province, prefecture and county level is sought and approval is granted if the annual tax paid by the concerned enterprise is respectively above 5 million Yuan, between 2 million Yuan and 5 million Yuan and between half a million Yuan and 2 million Yuan, or if it is a key NSOE certified by the competent authorities respectively at the province, prefecture and county level. When other administrative and law enforcement authorities need to detain or close down a NSOE or its legal representative's operation rights or title to property, prior approval must be obtained from respective supervision departments as well.
8. The "four misconducts" should be strictly forbidden.
(25) Enhancing supervision
Relevant departments for addressing to the "four misconducts" shall be re-adjusted and strengthened to be able to well direct, supervise and coordinate the work on harnessing the "four misconducts", namely, arbitrary charges, indiscriminate penalties, coerced donations and excessive inspections. All relevant departments at all levels shall conduct the self-examination per six months, and report in written form to the Party Committee and the government of the same level.
(26) Regulating charges
Based on the principle of "whoever calls the shots takes the responsibility", a province-wide screening of all items of charges involving NSOEs shall be conducted. All chargeable items stipulated by local authorities below the provincial level shall be abolished. All items and rates shall be unified and made public. No authority is allowed to charge any extra item not known to the public. All approved items shall be charged according to the lowest rate. Records must be kept of all charges made.
(27) Reducing inspections
Repeated inspections over NSOEs are strictly forbidden. In principle, only one routine inspection of the same project of the same enterprise by the same department can be made within a year. Inspections cannot be carried out without documents or warrants issued by an authority of the county level or above.
(28) Strictly controlling penalties
No governments or government institutions shall set penalties target to their subordinate units. To impose any penalties on self-employed businesses and NSOEs, the law-enforcement department shall produce vouchers printed by the state or the provincial finance department. All penalties shall be made payable to banks and finally turned into the treasury. No penalties can be retained or shared by, or transferred or rewarded to administrative or law-enforcement agencies.
(29) Forbidding coerced donations
It is forbidden for any competent department or any of its functionaries to require NSOEs to hold receptions on or in their behalf or reimburse the departments' or individual's own expenses. It is forbidden to either forcefully sell any goods to NSOEs or force NSOEs to purchase goods or publications from designated sources; it is forbidden to force NSOEs to participate in activities such as standard attainment and competitions, or any academic seminars and profit-oriented business trainings; it is also forbidden to either force NSOEs to make donations or buy advertisements or collect any tie-in charges from NSOEs.
(30) Accounting for faults and mistakes
The system of leaders' accountabilities shall be introduced to relevant departments for addressing to the "four misconducts", chief leaders of all departments shall be held accountable for the occurrence of any of the "four misconducts" in their organizations. Staff of law enforcement organs who do not obey relevant regulations and breach this "Notions" shall be transferred away from their current positions upon proof of their violation or even discharged if their violation is serious. If violation of the rules has occurred for more than three times in the same department, its chief leader(s) shall have to make self-criticism and report to the Party Committee and the government and to be punished according to the Party's disciplines and administrative rules. For severe cases, the chief leader(s) shall be demoted or dismissed.
(31) Enhancing supervision from the public
Local People's Congresses and committees of the Chinese People's Political Consultative Conference shall include the evaluation of services and behaviors of administrative authorities and law-enforcement departments in the overall assessment of the work of such organizations and their leaders. The office for redressing the "four misconducts" shall organize annual evaluation participated by NSOEs over the performance of the relevant government agencies and publicizes the results. Chief leaders of departments, which show low public satisfaction, shall be replaced.
9. The service functions of government should be strengthened and efficiency and service standard be raised.
(32) Improving the government's service models
Administrative examination and approval procedures, administrative mandatory provisions and charges should all be incorporated into the legal framework. Matters pertaining to the administrative procedures of examination and approval shall be reviewed in real earnest, procedures simplified and authority to grant approvals transferred to lower level administrations, and the number of items which need approvals should be reduced, while the process regulated. Integrated law-enforcement and management shall be tried out in cities. Policies shall be made public, i.e. all new policies or measures formulated by the competent authorities shall be effectively notified to business operators. Mandatory policies and measures shall not come into force unless they have been made public. Community service centers shall be further perfected and efficiency and quality of service improved.
(33) Cultivating intermediary agencies
Various business intermediary agencies should be cultivated and supervision upon them strengthened so as to ensure their strict abidance by laws and regulations and observation of market rules. Government departments must not transfer their own responsibilities to business intermediary agencies or secondary level organizations and charge NSOEs through these agencies for services that should originally be provided for free. Government authorities should not appoint any particular intermediary agency as the designated service provider for business operators and should not require NSOEs to conduct repeated appraisals on a single item.
(34) Ensuring human resource development
The existing higher education institutions and intermediary organizations should be made use of to carry out trainings to managerial staff for NSOEs. Various types of talented personnel should be encouraged to work for NSOEs. Professionals recruited from other provinces or localities may enjoy exactly the same preferential treatment as those recruited by state-owned or collective enterprises. Managerial staff and technical workers in NSOEs may participate in relevant examinations to obtain professional qualifications or certificates for specialized professions. Returned overseas students who establish or work for NSOEs may enjoy all preferential treatment as found in relevant state regulations and policies.
(35) Improving the social security system
Social insurance system including endowment insurance, medical care, industrial injury and procreation insurance shall be applied to NSOEs as soon as possible so as to cover their employees and ensure their legitimate rights and interests. Those who have left state-owned or collective enterprises to become self-employed or to set up their own business or to work for NSOEs may have their insurance continued on the original basis provided they turn in the required social insurance fees. Their dossiers may be kept in the labor departments, personnel departments or intermediary institutions.
(36) Providing comprehensive services
Efforts shall be made to alleviate outside investors of their day-to-day cares. Non-state-owned entrepreneurs may enjoy the same treatment as local residents regarding their children's entry into kindergartens or schools when they produce their business license upon registry. Governments and education departments at various levels shall take effective measures to help the children of those who come from other regions to work for local NSOEs to receive the compulsory education.
Public security departments should process urban residency registrations and vehicle registrations in time for business operators and their families from other jurisdictions. Local governments may decide on their own what measures to take regarding the education of the children and abode management of those self-employed operators from other jurisdictions.
10. Leadership should be enhanced and implementation carried out to the full.
(37) Introducing the system of responsibility
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