Opinions Of The State Administration For Industry And Commerce On Promoting The Development Of Service Industry

The bureaus of Commerce and Industry Administration of all provinces, autonomous regions, municipalities directly under the central government, cities under separate planning and vice provincial levels:

In order to conscientiously implement the opinions of the general office of the State Council on implementing policies and measures for accelerating the development of the service sector (No. 2008 of the State Council, No. 11), we should give full play to the functions of the administration of industry and Commerce and promote the sound and rapid development of the service industry.

First, fully understand the importance of accelerating the development of the service industry.

The service industry is an important part of the national economy. The development level of the service industry is an important sign to measure the advanced degree of modern social economy.

Speeding up the development of the service industry, especially the modern service industry, is conducive to promoting economic restructuring, accelerating the pformation of the mode of economic development, providing abundant products to meet the needs of people's material and cultural life, and absorbing new jobs in urban and rural areas. This is the inherent requirement of building a well-off society in an all-round way and building a harmonious socialist society.

To speed up the development of service industry, we must not only play a fundamental role in the allocation of resources, but also play a role in guiding and standardizing the policies of government departments.

Industrial and commercial administration is not only a law enforcement agency for market supervision but also a service department for economic development. Its main functions involve market access, market supervision, promotion of development, provision of services, consumer rights protection and administrative law enforcement, which are closely related to the development of service industry.

Industrial and commercial administrative organs at all levels must stand at the height of implementing the Scientific Outlook on Development and building a harmonious socialist society, fully understand the importance of accelerating the development of the service industry, and strive to achieve the four reunification of supervision and development, service, rights protection and law enforcement, give full play to the functions of industry and commerce administration, conscientiously implement the policies and measures of the state to promote the development of the service industry, and actively promote the sound and rapid development of the economy and society.

Two, relax market access, and vigorously cultivate the main body of the service market.

Conscientiously implement the provisions of laws and regulations on enterprise registration management, and create a fair and fair access environment for service enterprises in accordance with unified registration standards, registration procedures and registration requirements.

Whoever allows foreign capital to operate must be allowed to operate domestically. If any local enterprise is allowed to operate, it must allow foreign enterprises to operate. Any law or administrative regulation that does not prohibit private businesses and other non-public sectors of the economy from operating in the service industry and projects must allow them to operate. It is necessary to encourage, support and guide the private enterprises to vigorously develop the service industry and promote the national economy to optimize the industrial structure.

The law and administrative regulations and the decision of the State Council have not been set, and the departments of industry and commerce administrative departments at all levels shall cease to carry out pre registration licensing projects registered by some departments and locality.

Encourage the name of service enterprises to reflect the characteristics of the industry, and allow the use of various emerging industry terms indicating their service contents and service methods as industry statements.

Allow service enterprises to simplify the use of enterprise names in the plaque.

If a service institution is restructured into an enterprise, it shall be allowed to use the name of the original institution (to remove the original competent department) or to comply with other names prescribed by the enterprise name registration.

For a general service enterprise, the minimum amount of registered capital shall be reduced to RMB 30 thousand unless otherwise stipulated by laws and administrative regulations.

Investors are supported by intellectual property rights and other non monetary assets to set up service enterprises. The proportion of non monetary assets contribution reaches up to 70% of the registered capital of enterprises.

According to the general management items of service industry not covered by the classification of industries of the national economy, the administrative departments for Industry and commerce at all levels can flexibly check the scope of business that can reflect the characteristics of their industries and services according to the application of enterprises.

An enterprise applying for service outsourcing business may register in the word "engaging in service outsourcing".

The registration of the domicile (business place) of a service enterprise shall be carried out in accordance with the property law and the notice on the registration of enterprise residence (place of business) (industrial and commercial enterprise number [2007]236).

In addition to special provisions, the chain stores of service enterprises can set up chain store related documents and registration materials at headquarters, and apply directly to the administrative departments for Industry and commerce at the place where the stores are located to apply for registration.

In order to simplify the registration procedures of multi-level branches of foreign-funded service enterprises, enterprises shall apply for branch offices under the branch unless they have special provisions, and they are not required to submit documents of approval from the competent departments of Commerce. The enterprises or authorized branches shall directly apply to the administrative departments for Industry and Commerce for approval and registration of foreign invested enterprises where branches are located, and register them with the branch registration authority.

The basic level of registration and management of foreign investment is relatively good, and the foreign-funded service enterprises are relatively centralized, which can produce state-level economic and technological development zones with good demonstration and radiation effects. If the conditions are met, they shall be granted the right of foreign investment registration and approval of the industrial and commercial administrative organs.

Three, play a role in the service industry to actively provide services.

Actively support the innovation and development of service enterprises.

It supports the development of modern circulation such as chain operation, franchise, electronic commerce, logistics and distribution, specialty stores and specialized shops.

We will support the reform of monopoly industries such as railways and telecommunications, reform of municipal utilities, market-oriented restructuring, restructuring of state-owned service enterprises, pformation of production and operation institutions, and socialization of logistics services of government agencies and institutions. We should take timely intervention, follow up the whole process and set up business liaison officers to provide timely registration services.

Actively support the development of rural services.

Farmers are encouraged to form specialized farmers cooperatives to provide full services for their members before, during and after delivery.

We should do a good job in regulating and developing the circulation of agricultural materials, and encourage the establishment of agricultural management units by chain operation.

We should actively cultivate rural brokers and play the positive role of professional brokers in the circulation and service of agricultural products.

Actively encourage enterprises to register service marks.

We should do a good job in registration of service trademarks, and strengthen the identification and protection of well-known and famous service trademarks.

We should actively study the status of trademark registration and protection of service enterprises in foreign countries, attach importance to the protection of trademarks abroad, and guide and encourage enterprises to safeguard their trademark rights and interests in foreign countries in accordance with local laws and international rules, and give full play to the role of trademark registration and safeguarding rights in implementing the "going out" strategy and international operation.

Actively striving for the establishment of a trademark foreign rights protection fund, and resolutely oppose the registration of trademarks which are not "made in China" and other images that harm our country.

Actively promote the development of advertising industry.

In accordance with the development goals and tasks put forward by the guiding opinions on promoting the development of advertising industry ([2008]85), we should strengthen macroeconomic regulation and policy guidance, work with relevant departments to constantly improve policies and measures to promote the development of advertising industry, strive to improve the overall quality and international competitiveness of the advertising industry, and give full play to the status and role of the advertising industry as an important part of the modern service industry and an important industry in the creative economy.

Four, strengthen market supervision, create a good environment for the development of service industry.

We should strengthen the supervision of enterprises through comprehensive annual inspection and individual industrial and commercial household inspection, economic account management, market inspection, credit classification supervision of enterprises and individual industrial and commercial households.

Relying on the golden letter project, we will establish the credit archives of the main body of the service market, and formulate corresponding incentive measures to break faith and discipline, and disclose the serious discreditable enterprises to the society.

We should continue to promote information exchange and sharing among government departments, conduct a comprehensive analysis of the overall situation of the development of service enterprises, and guide investors to adjust their investment direction in time, so as to provide references for the government's macro decision-making and the formulation of industrial policies.

Standardize the service market order and establish an open, equal and standardized supervision system.

We must resolutely investigate and prosecute violations of intellectual property rights such as trademarks, trade names and other intellectual property rights of service enterprises, and resolutely investigate and punish unfair competition behaviors, restrict competition behaviors and monopolistic behaviors in the service market competition, protect independent innovation, safeguard consumers' legitimate rights and interests, and create a good market environment for orderly competition.

Five, strengthen organizational leadership and promote the development of service industry.

Accelerating the development of the service industry is an urgent, arduous and long-term task.

The administrative organs for Industry and commerce at all levels should take the development of service industry as an important task.

We should strengthen organizational leadership, improve the working mechanism, pay attention to supervision and inspection, and provide system guarantee for the development of service industry.

It is necessary to strengthen coordination and coordination with relevant departments under the leadership of local Party committees and governments, actively carry out work and implement various decisions and plans of the State Council under the leadership of local Party committees and governments.

We should strengthen investigation and research, constantly adopt new methods, sum up new experiences and achieve new results.

The implementation of this Circular shall be reported to the General Administration in a timely manner.