The Ministry Of Industry And Information Technology Solicited Opinions On The Revision Of Relevant Regulations

　　 In recent years, affected by the complex economic situation at home and abroad, the scale of accounts receivable of small and medium-sized enterprises has increased, the account period has been lengthened, and the phenomenon of "serial debt" is more prominent. In order to promote the timely payment of small and medium-sized enterprises by government agencies, public institutions and large enterprises, safeguard the legitimate rights and interests of small and medium-sized enterprises, and optimize the business environment, the Ministry of Industry and Information Technology recently publicly solicited opinions on the Regulations on Safeguarding the Payment of Small and Medium sized Enterprises (Draft for Comments on the Revised Draft).

　　 The Revised Draft points out that government agencies, public institutions and large enterprises should abide by these Regulations when purchasing goods, projects and services to pay small and medium-sized enterprises. The revised draft further compacts the responsibilities of all parties from the legislative level in terms of payment, supervision, management and relief, legal liability, etc., and strengthens the working mechanism of collaborative governance.

　　 The Ministry of Industry and Information Technology said that timely payment of small and medium-sized enterprises is related to the vital interests of the majority of market entities and is the basic support for optimizing the business environment. It is necessary to further strengthen the protection of the rule of law, promote honesty and trustworthiness of market entities, maintain normal market trading order, ensure fair competition among various market entities, and create a good business environment.

　　 In terms of revision ideas, we should highlight the problem orientation, highlight the source control, compact the responsibilities of all parties, strengthen the discipline of penalties, focus on solving the difficult problems found in the practice of debt clearing, and raise the accumulated effective measures to the law.

　　 The Revised Draft proposes to establish a reporting and research system, requiring local authorities, public institutions and large state-owned enterprises to regularly report the amount owed by SMEs in the previous year to the people's government at the same level according to procedures. The local people's government at or above the county level shall regularly listen to the work report on the timely payment of funds to small and medium-sized enterprises in the region every year; Stipulate the supervision system, require the people's government at or above the county level to establish the supervision system, and the department responsible for the comprehensive management of the promotion of small and medium-sized enterprises of the people's government at or above the county level to establish the system of letter inquiry, supervision and notification, and strengthen the supervision and management of the arrears of small and medium-sized enterprises.

　　 The Revised Draft stipulates that large enterprises should incorporate the timely payment of small and medium-sized enterprises in compliance with these Regulations into the enterprise risk control and compliance management system. At the same time, for large enterprises in listed companies, the revised draft requires that large enterprises in listed companies should include information about overdue payments to SMEs in information disclosure documents such as annual reports, and further stipulate the legal consequences of their violation of information disclosure obligations.

　　 For increasing the punishment for violation of relevant regulations, the Revised Draft requires that first, we should carry out the punishment of dishonesty, which stipulates the joint punishment of dishonesty for the organs, public institutions and large enterprises that are seriously in arrears with the accounts of small and medium-sized enterprises, and restricts them from the aspects of government fund support, investment project approval, market access, etc. The second is to strengthen the accountability of relevant personnel, increase the legal liability of the main responsible persons of the organs and public institutions that violate the relevant provisions of these Regulations, and increase the punishment situation. The legal liability for the persons responsible for intimidation and retaliation has been increased.

　　 It is understood that the Revised Draft is soliciting public opinions, and relevant opinions and suggestions will be submitted to the Ministry of Industry and Information Technology before May 18, 2024.