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Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investment

Time: 2012-12-18         Source: State Department         Author: State Council

Guo Fa [2010] No. 13
Provinces, autonomous regions and municipalities directly under the Central People's Government, the State Council ministries, the institutions directly under:
Since the reform and opening up, China's private investment has continued to grow and develop, has become an important force to promote economic development, adjust the industrial structure, prosperity of urban and rural markets, and expand social employment. To unswervingly consolidate and develop the public economy at the same time, unswervingly encourage, support and guide the development of non-public economy, and further encourage and guide private investment, is conducive to upholding and improving the basic stage of socialism in China's basic economic system, The development of mixed ownership economy and the promotion of equal competition and common development of various ownership economies; it is conducive to improving the socialist market economic system, giving full play to the basic role of market allocation of resources, establishing a fair competitive market environment; The growth of endogenous power, solid and sustainable development of the foundation to promote long-term stable and rapid economic development; is conducive to expanding social employment, increase the income of residents, stimulate domestic consumption and promote social harmony and stability. To this end, make the following observations:
First, to further expand the field of private investment and scope
(A) to thoroughly implement the "State Council on encouraging and support and guide individual and private non-public economic development of a number of opinions" (Guo Fa [2005] No. 3) and a series of policy measures to encourage and guide private capital into the laws and regulations are not explicitly prohibited Access to industry and field. Standardize the investment access threshold, to create fair competition, equal access to the market environment. Market access standards and preferential policies to be open and transparent, all kinds of investment subject to the same treatment, not a single set of additional conditions for private capital.
(B) clearly define the scope of government investment. Government investment is mainly used for the relationship between national security, the market can not effectively allocate resources in the economic and social areas. For infrastructure, municipal projects and other public services that can be marketed, private capital should be encouraged and supported.
(3) to further adjust the layout and structure of the state-owned economy. State-owned capital should focus on investing and strengthening the important sectors and key areas of the national economic lifeline. In the general competitive field, we should create a broader market space for private capital.
(D) actively promote the medical, education and other social undertakings in the field of reform. The private social undertakings as an important complement to the development of social and public undertakings, overall planning, rational distribution, speed up the development of government-based investment, private investment, supplemented by public service system.
Second, to encourage and guide private capital into the basic industries and infrastructure areas
(5) to encourage private capital to participate in the construction of transportation. Encourage private capital to invest in construction of roads, waterways, port terminals, civil airports, general aviation facilities and other projects with sole proprietorship, holding and equity participation. We should pay close attention to the study and formulation of the railway system reform program, introduce market competition, promote the diversification of investment subjects, encourage private capital to participate in the construction of railway lines, railway lines, railway ferry and station facilities, allow private capital to participate in the construction of coal transportation channels, International rail transit and other projects. To explore the establishment of railway industry investment funds, and actively support the railway enterprises to speed up the stock market, expanding private capital into the field of railway construction channels and channels.
(6) to encourage private capital to participate in water conservancy construction. The establishment of fee compensation mechanism, the implementation of government subsidies, through the owners of the tender, contract leasing, etc., to attract private capital investment in the construction of farmland water conservancy, inter-basin water transfer, comprehensive utilization of water resources, soil and water conservation and other water projects.
(7) to encourage private capital to participate in power construction. Encourage private capital to participate in wind energy, solar energy, geothermal energy, biomass and other new energy industry construction. Support private capital to participate in the form of wholly owned, controlled or equity participation in hydropower stations, thermal power station construction, investment in the construction of nuclear power plants. Further liberalize the electricity market, actively promote the reform of electricity prices, speed up the implementation of bidding online, the implementation of project owners bidding, improve the power regulation system for private enterprises to participate in competition to create a favorable environment.
(8) to encourage private capital to participate in oil and gas construction. Support private capital into the field of oil and gas exploration and development, and state-owned oil companies to carry out oil and gas exploration and development. Support the construction of private capital shares of crude oil, natural gas, refined oil storage and transportation facilities and network.
(9) to encourage private capital to participate in telecommunications construction. Encourage private capital to enter the basic telecom market by way of shares. Support private capital to carry out value-added telecommunications business. Strengthen the monopoly of the telecommunications sector and unfair competition behavior regulation, promote fair competition, promote resource sharing.
(10) to encourage private capital to participate in land remediation and mineral resources exploration and development. And actively guide the private capital through the tender form to participate in land consolidation, reclamation and other construction projects to encourage and guide private capital investment in mining geological environment to restore governance, adhere to the mining rights market fully open to private capital.
Third, to encourage and guide private capital into the field of municipal public utilities and policy housing construction
(11) Encourage private capital to participate in the construction of municipal public utilities. Support private capital into the city water supply, gas supply, heating, sewage and waste disposal, public transport, urban landscape and other fields. Encourage private capital to actively participate in the reorganization of municipal public enterprises and institutions, with the conditions of municipal utilities projects can take a market-oriented mode of operation, to the private capital transfer of property rights or management rights.
(12) to further deepen the reform of municipal public utilities system. Actively introduce the market competition mechanism, vigorously promote the municipal public utilities investment entities, the main operation of the tender system, establish and improve the municipal public utilities franchise system. Improve and improve the government procurement system, the establishment of standardized government supervision and financial subsidies mechanism to accelerate the reform of municipal public goods prices and fees system, in order to encourage and guide private capital into the field of municipal public utilities to create a favorable institutional environment.
(Thirteen) to encourage private capital to participate in policy housing construction. Support and guide private capital investment in the construction of affordable housing, public rental housing and other policy housing, to participate in shantytowns transformation, enjoy the appropriate policy of housing construction policy.
Fourth, encourage and guide private capital into the field of social undertakings
(14) Encourage private capital to participate in the development of medical care. Support private capital to set up various types of hospitals, community health service agencies, nursing homes, clinics, clinics, health clinics (room) and other medical institutions, to participate in public hospital restructuring. Support private medical institutions to undertake public health services, basic medical services and medical insurance sentinel services. And earnestly implement the tax policy of nonprofit medical institutions. Encourage medical personnel resources to a reasonable flow of private medical institutions to ensure that private medical institutions in the introduction of talent, job evaluation, research and other aspects of public hospitals to enjoy equal treatment. From the medical quality, medical behavior, fees and other aspects of various types of medical institutions to strengthen supervision and promote the healthy development of private medical institutions.
(15) Encourage private capital to participate in the development of education and social training. Support private capital to set up higher education schools, primary and secondary schools, kindergartens, vocational education and other education and social training institutions. To revise and improve the "People's Republic of China Private Education Promotion Law Implementation Regulations" to implement the private schools to encourage policies and public financial support policies to speed up the development and improvement of private education to promote the development of financial, property and social security policies to study the establishment of private schools Exit mechanism.
(16) Encourage private capital to participate in the development of social welfare undertakings. Through the use of land security, credit support and government procurement and other forms, to encourage private capital investment in the construction of specialized service facilities, the establishment of care (care) old services and disabled rehabilitation, care services and other social welfare agencies.
(Xviii) Encourage private capital to participate in the development of cultural, tourism and sports industries. Encourage private capital to engage in advertising, printing, performing arts, entertainment, cultural and creative, cultural exhibition, film and television production, network culture, animation games, publication distribution, cultural product digital production and related services, building museums, libraries, cultural centers, cinemas And other cultural facilities. Encourage private capital to develop tourism resources, build tourism facilities, and engage in various tourism and leisure activities. Encourage private capital investment in the production of sporting goods, the construction of various sports venues and fitness facilities, engaged in sports fitness, competition and other activities.
Fifth, to encourage and guide private capital into the field of financial services
(18) to allow private capital to set up financial institutions. We will relax the restrictions on the shareholding of financial institutions under the premise of strengthening effective supervision and promoting standardized operation and guarding against financial risks. Support private capital to participate in the way of shares of commercial banks to increase their capital to participate in rural credit cooperatives, urban credit cooperatives restructuring work. Encourage private capital to initiate or participate in the establishment of financial institutions such as village and township banks, loan companies and rural credit cooperatives to relax restrictions on the minimum capital contribution of corporate banks in village banks or community banks. The implementation of small and medium enterprises loans before the full provision of reserve reserve policy to simplify the small and medium - sized financial institutions bad debts verification procedures. Appropriate to relax the micro-credit company single investor shareholding limit, the micro-credit company's agriculture-related business and village banks to implement the same financial subsidy policy. Support private capital to initiate the establishment of credit guarantee company, improve the credit guarantee company's risk compensation mechanism and risk-sharing mechanism. Encourage private capital to initiate the establishment of financial intermediary service agencies, to participate in securities, insurance and other financial institutions restructuring and restructuring.
Sixth, encourage and guide private capital into the field of commercial circulation
(19) to encourage private capital into the wholesale and retail goods, modern logistics field. Support private wholesale, retail enterprise development, encourage private capital investment chain management, e-commerce and other new forms of circulation. To guide the private capital investment in the field of third-party logistics services for private logistics enterprises to undertake traditional manufacturing, business logistics business outsourcing to create conditions to support the development of small and medium-sized private commercial and trade enterprises co-distribution. Speed ​​up the reform of the management system of the logistics industry, encourage the integration and full utilization of the logistics infrastructure, promote the network management of the logistics enterprises, build a convenient and efficient financing platform, create a fair and standardized market competition environment, promote the socialization and resource utilization of logistics services Of the market.
Seven, to encourage and guide private capital into the field of national defense science and technology industry
(Twenty) to encourage private capital to enter the field of national defense science and technology investment and construction. Guide and support private enterprises to participate in the reorganization of military enterprises restructuring, encourage private enterprises to participate in dual-use high-tech development and industrialization, allowing private enterprises in accordance with the relevant provisions of the military production and scientific research tasks.
8. Encourage and guide the reorganization of private capital and participate in the reform of state-owned enterprises
(21) to guide and encourage private enterprises to use the property market portfolio of private capital, to promote the rational flow of property rights, to carry out cross-regional, cross-industry mergers and acquisitions. Encourage and support the rational flow of private capital in the country, to achieve industrial orderly gradient transfer, to participate in the development of the western region, the northeast region and other old industrial base revitalization, the rise of the central region and new rural construction and poverty alleviation and development. Support the conditional private enterprises through joint reorganization, etc. bigger and stronger, developed into a prominent feature, the market competitiveness of the group of companies.
(22) Encourage and guide private enterprises to participate in the restructuring and reorganization of state-owned enterprises through various forms such as equity participation, holding and asset acquisition. Reasonably Reduce the Ratio of State - owned Capital in State - owned Holding Enterprises. Private enterprises in the process of restructuring and reorganization of state-owned enterprises, we must conscientiously implement the state's asset disposal, debt handling and social security and other aspects of the policy requirements, according to the proper placement of workers to ensure the legitimate rights and interests of employees.
9, to promote private enterprises to strengthen independent innovation and transformation and upgrading
(23) to implement the encouragement of enterprises to increase R & D investment tax incentives to encourage private enterprises to increase R & D investment, improve the ability of independent innovation, master the core technology with independent intellectual property rights. Help private enterprises to establish engineering and technology research center, technology development center, increase the technical reserves, do a good job of technical personnel training. Support private enterprises to participate in national major scientific and technological projects and technical research, and continuously improve their technological level and research and development capabilities.
(24) Accelerate the implementation of incentives to promote the transformation of scientific and technological achievements, and actively develop the technology market, improve the registration system of scientific and technological achievements to facilitate the transfer of private enterprises and the purchase of advanced technology. Speed ​​up the analysis and testing, inspection and testing, business incubation, scientific and technological assessment, scientific and technological consulting and other scientific and technological services and the construction of institutional innovation for private enterprises to provide a platform for independent innovation. And actively promote the information service outsourcing, intellectual property, technology transfer and transformation of high-tech services such as market competition, to support private enterprises to carry out technical services activities.
(25) to encourage private enterprises to increase new product development efforts to achieve product upgrading. Development of research and development costs incurred in the development of new products may be subject to deduction of preferential policies. Encourage private enterprises to implement brand development strategy, striving for brand-name products, improve product quality and service level. By accelerating the depreciation of fixed assets, etc. to encourage private enterprises to carry out technological transformation, eliminate backward production capacity, speed up technological upgrading.
(Twenty-six) to encourage and guide private enterprises to develop strategic emerging industries. Extensive application of information technology and other high-tech transformation and upgrading of traditional industries, vigorously develop the circular economy, green economy, investment and construction of energy-saving emission reduction, water saving, bio-medicine, information network, new energy, new materials, environmental protection, comprehensive utilization of resources With the development potential of the emerging industries.
10. Encourage and guide private enterprises to actively participate in international competition
(XXVII) to encourage private enterprises to "go out" and actively participate in international competition. Support private enterprises in research and development, production, marketing and other aspects of international operations, the development of strategic resources, the establishment of an international sales network. Support private enterprises to use their own brands, independent intellectual property rights and independent marketing, open up the international market, accelerate the cultivation of multinational companies and internationally renowned brands. Support private enterprises, between private enterprises and state-owned enterprises to form a consortium, to play their respective advantages, to carry out various forms of foreign investment.
(28) to improve the overseas investment promotion and security system. Establish a policy consultation mechanism with the countries concerned to encourage and promote the international flow of private capital, carry out various forms of dialogue and exchange, and develop long-term stable and mutually beneficial cooperative relations. Through the signing of bilateral private investment cooperation agreement, the use of multilateral agreements, etc., for private enterprises "going out" for a favorable investment, trade environment and more preferential policies. Improve and perfect overseas investment incentives, in the financial support, finance and insurance, foreign exchange management, quality inspection and customs clearance, private enterprises and other enterprises enjoy the same treatment.
11, for the private investment to create a good environment
(XXIX) to clean up and modify the policy is not conducive to the development of private investment policies and regulations, and effectively protect the legitimate rights and interests of private investment, cultivate and maintain an equal competitive investment environment. In formulating laws, regulations and policies concerning private investment, we should listen to the opinions and suggestions of the relevant chambers of commerce and private enterprises and fully reflect the reasonable requirements of private enterprises.
(30) government departments at all levels of government funds, including budgetary investment, special construction funds, venture capital to guide the funds, as well as international financial organization loans and foreign government loans, to clear the rules, unified standards, Including private investment, including the various types of investment in the same treatment. Support the products and services of private enterprises into the government procurement directory.
(31) All kinds of financial institutions should, on the basis of risk prevention, innovate and flexibly use various financial instruments, increase financial support for private investment and strengthen financial services for private investment. The people's governments at all levels and relevant regulatory departments should constantly improve the financing guarantee system of private investment, improve the venture capital mechanism, develop equity investment funds, and continue to support private enterprises through the stock, bond market financing.
(32) to comprehensively clean up the administrative examination and approval matters involving the management of private investment, simplify the links, shorten the time limit, and further promote the management of content, standards and procedures of the open, standardized and improve the efficiency of administrative services. Further clean up and standardize the charges involved in enterprises, and effectively reduce the burden of private enterprises.
12, to strengthen the private investment services, guidance and standardized management
(33) The statistical department should strengthen the statistical work on private investment and accurately reflect the progress and distribution of private investment. Investment authorities, industry management departments and trade associations should do a good job in monitoring and analysis of private investment, timely grasp the dynamics of private investment, and rationally guide private investment. To strengthen the construction of investment information platform, in a timely manner to the public release of national industrial policy, development and construction planning, market access standards, domestic and foreign industry dynamics and other information to guide private investors to correctly determine the situation and reduce blind investment.
(34) to establish a sound private investment service system. We will give full play to the role of self-regulatory organizations such as chambers of commerce, trade associations and other organizations, and actively cultivate and develop intermediary organizations that provide services such as legal, policy, consulting, finance, finance, technology, management and market information for private investment.
(Thirty-five) to relax the market access at the same time, strengthen supervision. The relevant departments of the people's governments at all levels shall, in accordance with the relevant laws and regulations, earnestly supervise the implementation of investment and construction procedures by private investment entities and strictly abide by the requirements of national industrial policies and environmental protection, land use, energy conservation and quality and safety. To establish and improve the corporate credit system, to guide private enterprises to establish a standardized property rights, finance, employment and other systems, according to the law. The main body of private investment should continuously improve their own quality and ability, establish a sense of integrity and sense of responsibility, and actively create conditions to meet market access requirements, and take the initiative to bear the corresponding social responsibility.
(Thirty-six) to create a favorable public opinion conducive to the healthy development of private investment. Vigorously publicize the policies, policies and measures of the CPC Central Committee and the State Council on encouraging, supporting and guiding the development of non - public ownership. Objective and impartial propaganda to report the positive role of private investment in promoting economic development, adjusting industrial structure, flooding urban and rural markets and expanding social employment. Actively promote the operation of the law, honest and trustworthy, earnestly fulfill their social responsibility, and actively participate in social welfare undertakings of private entrepreneurs advanced deeds.
All localities and departments should encourage and guide the healthy development of private investment work in a more important position, further emancipate the mind, change the concept, deepen the reform, innovation and truth-seeking, according to the views of this request, pay close attention to the development of specific implementation methods, as soon as possible Policy measures to implement, and strive to create a conducive to the healthy development of private investment policy environment and public opinion atmosphere, and earnestly promote the sustained and healthy development of private investment to promote a reasonable investment growth, structural optimization, improve efficiency and economic and social development.
The State Council
May 7, 2010

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