The Provincial Administration for Industry and Commerce has issued the "Several Opinions on Promoting the Stable and Relatively Rapid Development of Private Enterprises Across the Province."
Release time:
2008-12-29
Source:
To fully implement the spirit of the Third Plenary Session of the 17th CPC Central Committee, the Central Economic Work Conference, and the Provincial Economic Work Conference; to deepen our study and practice of the Scientific Outlook on Development; and to carry out effectively the provincial Party committee and provincial government’s guiding principles of “safeguarding growth, accelerating transformation, prioritizing people’s livelihoods, and promoting stability,” the Provincial Bureau has formulated several Opinions on Promoting the Steady and Relatively Rapid Development of Private Enterprises Across the Province. All localities are requested to closely align these opinions with their actual conditions and earnestly implement them.
I. Promote industrial transformation and upgrading
(1) Further relax market access in the service sector and encourage self-employment. For general service enterprises, the minimum registered capital requirement will be lowered; except where otherwise provided by laws, administrative regulations, or legally established administrative permits, the requirement will be uniformly reduced to RMB 30,000. All sectors open to foreign investment will also be open to domestic investment; all sectors open to local enterprises will also be open to enterprises from other regions; and all service industries and projects not prohibited by laws or administrative regulations from being operated by non-public economic entities such as individual private businesses will be permitted to be operated by such entities.
(2) Vigorously encourage innovation, promote the development of diverse online market models, and achieve an organic integration of physical and virtual markets. For enterprises and individual business operators already holding business licenses that engage in online commodity trading and service provision, their business scopes may be legally approved upon application. For enterprises applying to engage in online commodity trading and service provision, their names may, upon application, include the term “e-commerce.” For individual business operators applying to engage in online commodity trading who do not conduct any physical operations, their names may, upon application, include the term “online store.”
(3) Relax the requirements for enterprises to adopt provincial names and form corporate groups, thereby supporting enterprises in growing stronger and larger. For high-tech enterprises and specialized farmer cooperatives seeking to adopt provincial names, the minimum registered capital requirement is lowered to 2 million yuan. For cultural, tourism, agricultural development institutions, intermediary service enterprises, and technology-based enterprises possessing independent intellectual property rights that wish to form corporate groups, the minimum registered capital of the parent company is reduced to 10 million yuan, and the combined registered capital of the parent company and its subsidiaries is relaxed to 30 million yuan.
(4) Encourage enterprises to implement brand strategies and enhance their core competitiveness. Establish a provincial database for cultivating enterprise brands in advantageous industries, and give priority support—during the recognition of well-known trademarks and reputable business names at the provincial level—to enterprises in five key sectors: high-tech manufacturing, export-oriented enterprises, modern service industries, agriculture, and traditional local industries of Zhejiang. For key enterprises with high product quality, large-scale operations, broad market prospects, and active overseas marketing efforts, we will promote international trademark registration, provide on-site guidance, and focus on their cultivation and development.
II. Promote the orderly flow of capital
(1) Enterprises are permitted to register pledges using equity interests in limited liability companies and non-listed joint-stock companies registered in this province, whether held by the enterprise itself or by a third party. Such equity interests may be pledged to banking and financial institutions to obtain loans, or they may be pledged to pawnshops, guarantee companies, or general enterprises and natural persons that have registered capital of more than RMB 10 million and engage in pledge businesses involving property rights. Pledges may be made not only with equity interests in limited liability companies and non-listed joint-stock companies with fewer than 200 shareholders, but also with equity interests in non-listed joint-stock companies with 200 or more shareholders.
(2) Natural persons or domestic enterprises within the territory are permitted to contribute their equity interests in limited liability companies as capital contributions to domestically-funded limited liability companies and domestically-funded joint-stock companies registered and established in this province, thereby promoting the free flow of capital. Such equity contributions may be made either to companies registered and established within the province or to companies registered and established outside the province. Moreover, these equity contributions may be directed either toward domestically-funded companies undergoing restructuring or reorganization, or toward newly established or capital-increased domestically-funded companies.
(3) Eligible domestic and foreign investors are encouraged to establish equity investment companies and equity investment management companies, participate in the development of the equity investment market, enhance the governance and operations of their invested enterprises, and cultivate high-quality resources for future IPOs. Equity investment companies and equity investment management companies are permitted to directly use “Equity Investment” and “Equity Investment Management” as their industry designations, and their business scopes may include “Equity Investment” and “Equity Investment Management.”
(4) All types of enterprises, individual industrial and commercial households, and agricultural producers engaged in crop cultivation, forestry, animal husbandry, fishery, and agro-forestry-pastoral service industries are permitted, when entering into creditor-debtor relationships arising from lending, buying and selling, as well as from civil activities such as cargo transportation, processing contracts, and countertrade, to use their existing or future production equipment, raw materials, semi-finished products, and finished products as collateral for financing from financial institutions, guarantee companies, microfinance companies, pawnshops, foreign enterprises and economic organizations, and informal lenders that meet policy requirements. Such entities shall register the chattel mortgage with the administration for industry and commerce.
(5) Support pledge loans secured by trademark rights, and give priority encouragement to owners of well-known trademarks and provincially renowned trademarks to apply for trademark-right pledge loans from banking and financial institutions. Industrial and commercial authorities at all levels will actively assist in handling the registration procedures for pledges of trademark rights.
(6) Support the standardized development of small-loan companies, pawnshops, and other similar enterprises. Guarantee companies, as non-financial enterprises, shall be subject to direct registration, thereby expanding corporate financing channels and actively building a diversified, rationally structured, fully functional, efficient, and secure financing service system.
III. Foster a harmonious and relaxed environment
(1) We will severely crack down on illegal acts that endanger public safety, food safety, production safety, and environmental safety. For other general violations that have not caused direct harm or exhibit low subjective malice and whose illegal status can be promptly rectified after the fact, we will first issue reminders, warnings, and admonitions, and order the violators to make corrections. Only if they refuse to comply will we impose penalties in accordance with the law. As for disputes such as trademark ownership conflicts, we will, based on the voluntary consent of both parties, guide and assist them in resolving their differences and strive to defuse the underlying tensions.
(2) Companies that participated in the 2008 annual inspection and, due to the impact of the macroeconomic environment, have already exceeded the deadline for capital contributions may, upon application by the enterprise and with approval, be exempted from penalties.
(3) Enterprises established from June 2008 to the end of 2009 that have remained unoperational for more than six months, or that have voluntarily ceased operations for consecutive periods exceeding six months after commencing business, may have their handling postponed as appropriate.
(4) With regard to enterprises undergoing the annual inspection for 2008, with the exception of foreign-invested enterprises, joint-stock companies, single-member limited liability companies, microfinance companies, and enterprises operating in special sectors such as investment, guarantee, pawnbroking, talent recruitment agencies, and training institutions—as well as companies established between July 1, 2007, and June 30, 2008, with paid-up capital of RMB 2 million or more (inclusive)—and companies that have engaged in illegal capital contributions within the past three years, which are required to submit annual financial audit reports, other enterprises are generally exempt from submitting such audit reports.
IV. Implement policies to reduce the burden on service providers.
(1) A green channel will be established for key enterprises, large-scale enterprises, leading enterprises, as well as persons with disabilities, college students, laid-off workers, and veterans who wish to start their own businesses. Dedicated personnel will handle each application individually, with early involvement, full-process tracking, and extended services provided to help resolve any challenges enterprises encounter during their establishment and development stages.
(2) Promote online enterprise registration and annual inspection, further optimize the registration and annual inspection procedures, and comprehensively provide online services such as process demonstrations, form downloads, reference sample downloads, online form completion, and online submission, ensuring efficiency, convenience, standardization, and transparency to genuinely make it easier for enterprises to handle registration and annual inspection matters.
(3) Unemployed individuals, persons with disabilities, retired soldiers, and recent college graduates (within two years of graduation) who engage in individual business operations—excluding industries that are nationally restricted, such as construction, entertainment, real estate sales, transfer of land use rights, advertising, real estate brokerage, saunas, massage services, internet cafes, oxygen bars, and the like—will be exempt from administrative and public service fees related to registration and licensing for a period of three years starting from the date of their initial business registration.
(4) Small-scale mobile vendors in rural areas are exempt from business registration, unless otherwise provided by the state. Farmers selling their own agricultural and sideline products at farmers’ markets or in areas designated by local governments are also exempt from business registration.
(5) Enterprise registration agency service institutions affiliated with the Administration for Industry and Commerce shall handle various fee-related matters on behalf of clients at 70% of the benchmark fee rates stipulated in the “Notice on Regulating Issues Concerning Service Fees Charged by Enterprise Registration Agency Service Institutions” (Zhejiang Price & Services [2003] No. 401). The fee for querying enterprise registration information is hereby abolished.