Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investment
Source: State Council
Author: State Council
Guofa  No. 13
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under the State Council, and their respective agencies:
Since the reform and opening up, China's private investment has continued to grow and develop, and has become an important force for promoting economic development, adjusting industrial structure, prospering urban and rural markets, and expanding social employment. While unswervingly consolidating and developing the public sector of the economy, we will unswervingly encourage, support and guide the development of the non-public economy, further encourage and guide private investment, and help to uphold and improve the basic economic system of China's primary stage of socialism. The property rights system is based on the development of a mixed ownership economy, promoting equal competition and common development of various ownership economies; helping to improve the socialist market economic system, giving full play to the basic role of market allocation of resources, establishing a fair competitive market environment; The endogenous motivation of growth, the foundation of sustainable development, and the long-term stable and rapid development of the economy will help expand social employment, increase the income of residents, stimulate domestic consumption, and promote social harmony and stability. To this end, the following comments are made:
I. Further broaden the scope and scope of private investment
(1) Thoroughly implement the "Several Opinions of the State Council on Encouraging Support and Guidance for the Development of Non-Public Economy, such as Individual and Private Sectors" (Guo Fa  No. 3) and other policy measures to encourage and guide private capital into laws and regulations. Access to industries and sectors. Standardize the entry threshold for investment and create a market environment of fair competition and equal access. Market access standards and preferential support policies must be open and transparent, and treat all types of investment entities equally, and no additional conditions should be imposed on private capital.
(2) Clearly define the scope of government investment. Government investment is mainly used in the economic and social fields that are related to national security and where the market cannot allocate resources efficiently. Private capital should be encouraged and supported for infrastructure, municipal engineering and other public services that can be market-oriented.
(3) Further adjusting the layout and structure of the state-owned economy. State-owned capital should focus on continuously strengthening and consolidating important industries and key areas that are related to the lifeline of the national economy. In the general competitive field, it is necessary to create a broader market space for private capital.
(4) Actively promote the reform of social undertakings such as medical care and education. Taking private social undertakings as an important supplement to the development of social public utilities, we will make overall plans and rational layouts, and accelerate the development of a public service system with government investment as the mainstay and private investment as a supplement.
2. Encourage and guide private capital to enter the basic industry and infrastructure
(5) Encourage private capital to participate in transportation construction. Encourage private capital to invest in roads, waterways, port terminals, civil airports, general aviation facilities and other projects through sole proprietorship, holding, and shareholding. We will promptly study and formulate railway system reform plans, introduce market competition, promote diversification of investment entities, encourage private capital to participate in the construction of railway trunk lines, railway feeder lines, railway ferries and station facilities, and allow private capital to participate in the construction of coal transportation channels, passenger lines, and cities. Projects such as rail transit. Explore the establishment of railway industry investment funds, actively support railway enterprises to speed up the listing of shares, and broaden the channels and channels for private capital to enter the railway construction field.
(6) Encourage private capital to participate in the construction of water conservancy projects. Establish a fee compensation mechanism, implement government subsidies, and attract private capital to invest in water conservancy projects such as farmland water conservancy, inter-basin water transfer, comprehensive utilization of water resources, and soil and water conservation through landlord bidding and contract leasing.
(7) Encourage private capital to participate in power construction. Encourage private capital to participate in the construction of new energy industries such as wind energy, solar energy, geothermal energy and biomass energy. Support private capital to participate in the construction of hydropower stations and thermal power plants in the form of sole proprietorship, holding or shareholding, and participate in the construction of nuclear power plants. Further liberalize the power market, actively promote electricity price reform, speed up the implementation of bidding online, implement project bidding, improve the power supervision system, and create a favorable environment for private power generation enterprises to participate in competition on an equal footing.
(8) Encourage private capital to participate in oil and gas construction. Support private capital to enter the field of oil and gas exploration and development, and cooperate with state-owned oil companies to develop oil and gas exploration and development. Support private capital to participate in the construction of storage and transportation facilities and networks for crude oil, natural gas and refined oil.
(9) Encourage private capital to participate in telecommunications construction. Encourage private capital to enter the basic telecom operation market by means of equity participation. Support private capital to carry out value-added telecommunications services. Strengthen supervision over monopolistic and unfair competition in the telecommunications sector, promote fair competition, and promote resource sharing.
(10) Encourage private capital to participate in land remediation and exploration and development of mineral resources. Actively guide private capital to participate in land consolidation and reclamation projects through bidding and tendering, encourage and guide private capital to invest in the restoration of geological environment, and insist that the mining rights market is fully open to private capital.
3. Encourage and guide private capital to enter 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 to enter urban water supply, gas supply, heat supply, sewage and garbage disposal, public transportation, urban landscaping and other fields. Encourage private capital to actively participate in the restructuring and restructuring of municipal public enterprises and institutions. Conditional municipal public utilities projects can adopt market-oriented management methods to transfer property rights or management rights to private capital.
(12) Further deepen the reform of the municipal public utility system. Actively introduce market competition mechanism, vigorously promote the bidding system for investment entities and operating entities of municipal public utilities, and establish and improve the franchise system for municipal public utilities. Improve and improve the government procurement system, establish a standardized government supervision and financial subsidy mechanism, accelerate the reform of municipal public goods prices and charging systems, and create a favorable institutional environment for encouraging and guiding private capital into the municipal public utilities.
(13) Encourage private capital to participate in the construction of policy housing. Support and guide private capital investment to build policy-oriented housing such as affordable housing and public rental housing, participate in the transformation of shanty towns, and enjoy the corresponding policy housing construction policies.
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 hospitals, community health service institutions, nursing homes, outpatient departments, clinics, health centers (rooms) and other medical institutions to participate in the transformation and reorganization of public hospitals. Support private medical institutions to undertake public health services, basic medical services and medical insurance designated services. Effectively implement the tax policy of non-profit medical institutions. Encourage the rational flow of medical talent resources to private medical institutions, and ensure that private medical institutions enjoy equal treatment with public hospitals in terms of talent introduction, job title evaluation, and research projects. Strengthen supervision of various medical institutions from the aspects of medical quality, medical behavior, and charging standards, 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 various educational and social training institutions such as higher education institutions, primary and secondary schools, kindergartens, and vocational education. Revise and improve the "Regulations on the Implementation of the Private Education Promotion Law of the People's Republic of China", implement the talent encouragement policy and public finance support policies for private schools, accelerate the formulation and improvement of financial, property rights and social security policies to promote the development of private education, and study the establishment of private schools. Exit mechanism.
(16) Encourage private capital to participate in the development of social welfare undertakings. Through land use security, credit support and government procurement, private capital is encouraged to invest in the construction of specialized service facilities, and various social welfare institutions such as maintenance and care services, rehabilitation and care services for the disabled are established.
(17) Encourage private capital to participate in the development of culture, tourism and sports industries. Encourage private capital to engage in advertising, printing, performing arts, entertainment, cultural creativity, cultural exhibitions, film and television production, online culture, animation games, publications, digital production of cultural products and related services, building museums, libraries, cultural centers, cinemas And other cultural facilities. Encourage private capital to rationally develop tourism resources, build tourism facilities, and engage in various tourism and leisure activities. Encourage private capital to invest in the production of sporting goods, build various sports venues and fitness facilities, and engage in sports, fitness, competitions and other activities.
V. Encourage and guide private capital to enter the financial services field
(18) Allow private capital to set up financial institutions. Under the premise of strengthening effective supervision, promoting standardized operations, and preventing financial risks, we will relax restrictions on the ratio of shares to financial institutions. Support private capital to participate in the capital increase and share expansion of commercial banks by means of shareholding, and participate in the restructuring of rural credit cooperatives and urban credit cooperatives. Encourage private capital to initiate or participate in the establishment of financial institutions such as village banks, loan companies, and rural mutual funds, and relax restrictions on the minimum capital contribution ratio of corporate banks in rural banks or community banks. Implement the policy of full provision for loss provisions for SME loans before tax, and simplify the verification procedures for bad debt write-off of small and medium-sized financial institutions. Appropriately relax the restrictions on the shareholding ratio of single investors in small loan companies, and implement the same financial subsidy policy for rural lending companies as the rural banks. Support private capital to initiate the establishment of credit guarantee companies, improve the risk compensation mechanism and risk sharing mechanism of credit guarantee companies. Encourage private capital to initiate the establishment of financial intermediary service institutions and participate in the restructuring and restructuring of financial institutions such as securities and insurance.
6. Encourage and guide private capital into the field of trade and circulation
(19) Encourage private capital to enter the field of wholesale and retail of goods and modern logistics. Support the development of private wholesale and retail enterprises, and encourage private capital investment chain operations, e-commerce and other new circulation formats. Guide private capital investment in the field of third-party logistics services, create conditions for private logistics enterprises to undertake logistics outsourcing of traditional manufacturing and commerce, and support small and medium-sized private trade circulation enterprises to cooperate and develop common distribution. Accelerate the reform of the logistics industry management system, encourage the integration and full utilization of logistics infrastructure resources, promote the networked operation of logistics enterprises, build a convenient and efficient financing platform, create a fair and standardized market competition environment, and promote the socialization and resource utilization of logistics services. Marketization.
7. Encourage and guide private capital to enter the field of national defense science and technology
(20) Encourage private capital to enter the field of investment in national defense science and technology industry. Guide and support private enterprises to participate in the restructuring and restructuring of military enterprises in an orderly manner, encourage private enterprises to participate in high-tech development and industrialization of military and civilian use, and allow private enterprises to participate in military production and scientific research tasks in accordance with relevant regulations.
8. Encourage and guide the restructuring of private capital and participate in the reform of state-owned enterprises
(21) Guide and encourage private enterprises to use the property rights market to combine private capital, promote the rational flow of property rights, and carry out cross-regional and cross-industry mergers and acquisitions. Encourage and support the rational flow of private capital in the country, realize the orderly gradient transfer of the industry, participate in the development of the western region, the revitalization of old industrial bases in the northeast region, the rise of the central region, and the construction of new countryside and poverty alleviation. Supporting qualified private enterprises to become bigger and stronger through joint reorganization, etc., and develop into a group-oriented company with outstanding characteristics and strong market competitiveness.
(22) Encourage and guide private enterprises to participate in the restructuring and restructuring of state-owned enterprises through various forms such as equity participation, holding, and asset acquisition. Reasonably reduce the proportion of state-owned capital in state-owned holding companies. In the process of participating in the restructuring and restructuring of state-owned enterprises, private enterprises must conscientiously implement the state's policy requirements on asset disposal, debt processing and social security, properly resettle employees according to law, and ensure the legitimate rights and interests of employees.
9. Promoting private enterprises to strengthen independent innovation and transformation and upgrading
(23) Implement tax incentives that encourage enterprises to increase R&D investment, encourage private enterprises to increase R&D investment, improve their independent innovation capabilities, and master core technologies with independent intellectual property rights. Help private enterprises to establish engineering technology research centers and technology development centers, increase technical reserves, and do a good job in training technical personnel. Support private enterprises to participate in national major science and technology plan projects and technical research, and continuously improve the technical level and research and development capabilities of enterprises.
(24) Accelerate the implementation of incentive policies to promote the transformation of scientific and technological achievements, actively develop the technology market, improve the registration system for scientific and technological achievements, and facilitate the transfer and purchase of advanced technologies by private enterprises. Accelerate the construction and mechanism innovation of scientific and technological service institutions such as analysis and testing, inspection and testing, business incubation, technology evaluation, and scientific and technological consultation, and provide a service platform for independent innovation of private enterprises. Actively promote market competition in high-tech service areas such as information service outsourcing, intellectual property rights, technology transfer and achievement transformation, and support private enterprises to carry out technical service activities.
(25) Encourage private enterprises to intensify the development of new products and achieve product upgrading. Research and development expenses incurred in the development of new products may be subject to additional deductions and preferential policies as required. Encourage private enterprises to implement brand development strategies, striving for brand-name products, and improving product quality and service levels. Encourage private enterprises to carry out technological transformation by accelerating the depreciation of fixed assets, eliminate backward production capacity, and accelerate technological upgrading.
(26) Encourage and guide private enterprises to develop strategic emerging industries. Widely apply high-tech transformation such as information technology to upgrade traditional industries, vigorously develop circular economy, green economy, invest in energy conservation and emission reduction, water saving, biomedicine, information network, new energy, new materials, environmental protection, comprehensive utilization of resources, etc. Emerging industries with development potential.
X. Encourage and guide private enterprises to actively participate in international competition
(27) Encourage private enterprises to “go global” and actively participate in international competition. Support private enterprises to carry out international operations in research and development, production, marketing, etc., develop strategic resources, and establish an international sales network. Support private enterprises to use their own brands, independent intellectual property rights and independent marketing to open up international markets and accelerate the cultivation of multinational companies and internationally renowned brands. Supporting the formation of a consortium between private enterprises, private enterprises and state-owned enterprises, and exerting their respective advantages to jointly carry out various forms of overseas investment.
(28) Improve the system of promotion and guarantee of overseas investment. Establish policy consultation mechanisms with relevant countries to encourage and promote the international flow of private capital, carry out various forms of dialogue and exchanges, and develop long-term, stable and mutually beneficial cooperation. By signing bilateral private investment cooperation agreements and using multilateral agreement systems, we will strive for a favorable investment, trade environment and more preferential policies for private enterprises to “go global”. We will improve and improve the policy of overseas investment encouragement. Private enterprises and other enterprises enjoy the same treatment in terms of financial support, financial insurance, foreign exchange management, and quality inspection and customs clearance.
XI. Creating a good environment for private investment
(29) Clean up and revise the laws and regulations that are not conducive to the development of private investment, effectively protect the legitimate rights and interests of private investment, and foster and maintain an investment environment of equal competition. When formulating laws, regulations and policies involving private investment, we must listen to the opinions and suggestions of relevant chambers of commerce and private enterprises, and fully reflect the reasonable requirements of private enterprises.
(30) Government funds arranged by relevant departments of the people's governments at various levels, including financial budgetary investment, special construction funds, venture capital guiding funds, and international financial organization loans and foreign government loans, etc., must define rules and uniform standards. All types of investment entities, including private investment, are treated equally. Support the products and services of private enterprises to enter the government procurement catalog.
(31) All types of financial institutions should innovate and flexibly use a variety of financial instruments on the basis of risk prevention, increase financing support for private investment, and strengthen financial services for private investment. The people's governments at all levels and relevant regulatory authorities must constantly improve the financing guarantee system for private investment, improve the venture capital investment mechanism, develop equity investment funds, and continue to support private enterprises to raise funds through the stock and bond markets.
(32) Comprehensively clean up and integrate administrative examination and approval matters involving private investment management, simplify links, shorten timelines, further promote the openness and standardization of management contents, standards and procedures, and improve the efficiency of administrative services. Further clean up and standardize the fees charged by enterprises, and effectively reduce the burden on private enterprises.
12. Strengthening the service, guidance and standardized management of private investment
(Thirty-three) 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 industry associations must do a good job in monitoring and analyzing private investment, timely grasp the dynamics of private investment, and rationally guide private investment. It is necessary to strengthen the construction of investment information platform, and publicly release information on national industrial policies, development and construction plans, market access standards, and domestic and international industry trends in a timely manner to guide private investors to correctly judge the situation and reduce blind investment.
(34) Establish and improve the private investment service system. Give full play to the role of self-regulatory organizations such as chambers of commerce and industry associations, and actively cultivate and develop intermediary organizations that provide services such as law, policy, consulting, finance, finance, technology, management and market information for private investment.
(35) While relaxing market access, we will strengthen supervision. Relevant departments of the people's governments at all levels shall, in accordance with the requirements of relevant laws and regulations, earnestly urge private investment entities to perform investment and construction procedures, and strictly abide by the national industrial policies and regulations on environmental protection, land use, energy conservation, quality and safety. It is necessary to establish and improve the enterprise credit system, and guide private enterprises to establish standardized systems of property rights, finance, and employment, and operate according to law. The private investment subject should constantly improve its own quality and ability, establish a sense of integrity and responsibility, actively create conditions to meet market access requirements, and take the initiative to assume corresponding social responsibilities.
(36) Creating a good public opinion atmosphere conducive to the healthy development of private investment. Vigorously promote the principles, policies, and measures of the Party Central Committee and the State Council on encouraging, supporting, and guiding the development of the non-public economy. Objectively and impartially publicize and report on the positive role of private investment in promoting economic development, adjusting industrial structure, prospering urban and rural markets, and expanding social employment. Actively promote the advanced deeds of private entrepreneurs who operate in accordance with the law, are honest and trustworthy, earnestly perform social responsibilities, and actively participate in social welfare undertakings.
All regions and departments should put more encouragement and guidance on the healthy development of private investment, further emancipate the mind, change concepts, deepen reform, and innovate and seek truth. According to the requirements of this opinion, we must promptly study and formulate specific implementation measures, and Policy measures have been implemented, and efforts have been made to create a policy environment and public opinion atmosphere conducive to the healthy development of private investment, to effectively promote the sustainable and healthy development of private investment, and to promote rational investment growth, structural optimization, efficiency improvement, and sound and rapid economic and social development.
May 7, 2010
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