The regulation on the protection of enterprises' rights and interests in zhejiang province has been approved by the 34th executive meeting of the provincial people's government, and is hereby promulgated and shall enter into force as of January 1, 2015.
October 30, 2014.
(this piece is released publicly)
Regulations on the protection of enterprise rights and interests in zhejiang province.
Article 1 in order to protect the lawful rights and interests of enterprises, optimize the production and operation environment of enterprises and promote the sustained and healthy development of the economic and social society, the provisions are formulated in accordance with relevant laws and regulations and in combination with the actual situation of the province.
Article 2 these provisions apply to the protection of the legitimate rights and interests of enterprises within the administrative region of the province.
Enterprises' legitimate rights and interests of these provisions, including enterprise's property rights and management rights, won the people's governments at various levels and the people's governments at or above the county level in accordance with the relevant departments (hereinafter generally referred to as the administrative organs) service or licensing of rights, and against the rights of the illegal enterprise burden heavier and other legitimate rights and interests stipulated by laws, regulations and rules.
Article 3 the lawful rights and interests of an enterprise shall be protected by law, and no unit or individual may infringe upon it.
Enterprises engaged in production and business activities shall abide by the laws, regulations and rules, be honest and trustworthy, and fulfill their social responsibilities.
Article 4 the people's governments at or above the county level should ensure that the laws, regulations, rules and effective implementation of the right, in accordance with the standard administrative behavior, improve and perfect the government service, establish and improve the coordination mechanism of protecting the legal rights and interests of enterprises to urge relevant departments and people's governments at the next lower level in a timely manner to correct, illegal behaviors infringing on lawful rights and interests of companies act, to create a good production environment for enterprises.
Districts of the city or county (city) governments establish the lawful rights and interests protection enterprise social satisfaction assessment and monitoring system for enterprise burden, and the relevant assessment and monitoring results included in the annual target responsibility system for administrative organ examination content.
Article 5 the competent departments of economic and information administration of the people's governments at or above the county level shall be responsible for organizing and coordinating and guiding the work of protecting the legitimate rights and interests of enterprises within their respective administrative areas.
The administrative departments of finance and prices of the people's governments at or above the county level shall exercise supervision and administration over the collection and implementation of administrative fees, government-managed funds and other non-taxable income of the administrative organs according to law.
The supervisory organs of the people's governments at or above the county level shall exercise administrative supervision over the ACTS of administrative organs infringing upon the lawful rights and interests of enterprises.
Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective functions and duties, do well to protect the lawful rights and interests of enterprises. The township people's government (street office) cooperate to protect the legitimate rights and interests of enterprises.
Article 6 the administrative organ shall, in accordance with the equal protection of the legitimate rights and interests of all kinds of ownership enterprises, guide, support enterprises to strengthen the independent innovation, technological transformation, talent training and brand building, to optimize the public service, perfect the social credit system construction, maintain the market order of fair competition.
The administrative organs shall perform the functions of supervision and administration in accordance with the law, timely investigate violations of the intellectual property rights of enterprises, make and sell fake and inferior products, and disclose business secrets and monopoly operations of enterprises.
Without the basis of laws, regulations and rules, the administrative organ shall not interfere in the production and operation activities of enterprises, and shall not set up obligations or deprive or limit their lawful rights and interests to enterprises.
Article 7 the administrative organ shall, through the government gazette, the government administrative examination and approval and convenient service website and newspaper, radio, television and other facilitating public way, take the initiative to publish to the society in accordance with the administrative examination and approval items and the examination and approval procedures, the application condition of special financial funds, and negative listing, enterprise investment projects, as well as industrial policies, development plans and other such matters query service for the enterprise.
Article 8 the administrative organs shall give equal treatment to all kinds of enterprises of ownership according to law in terms of financing services, fiscal and taxation policies, land use, foreign trade and economic and technological cooperation services.
The administrative organ shall promptly clean up the normative documents relating to market access and the production and operation of enterprises, and abolish the provisions and practices that hinder the unified market and fair competition.
Article 9 the administrative departments formulate, modify, and the abolition of enterprises, regulations and other normative documents or made about specific administrative decision of enterprise and of the industry, may have made a significant impact on the legitimate rights and interests of the enterprise, should be through discussion meeting, consultation, or hearing, listen to the relevant enterprises, experts and relevant association (chamber of commerce), the opinions and Suggestions; The reasonable opinions and Suggestions shall be adopted.
Article 10 enterprises and relevant associations (Chambers of commerce) shall, in the opinion of the regulations formulated by the province, infringe upon the legitimate rights and interests of the enterprise, and may, in accordance with the law, submit a review proposal in writing to the state organ or the record organ. The establishment organ shall study and deal with and reply in writing within the prescribed time limit; The examination of the record organ shall be carried out in accordance with the provisions of the state and the standing committee of the provincial people's congress.
Enterprises and the relevant association (chamber of commerce) that other regulatory documents formulated by the provincial administrative authority regulations infringing on lawful rights and interests of enterprises, can be in accordance with the law to the normative documents formulated organs, written examination Suggestions record-filing authority. The establishment organ shall study and deal with and reply in writing within the prescribed time limit; The examination of the archival organ shall be conducted in accordance with the relevant provisions.
Article 11 administrative organs should choose administrative measures which are conducive to protecting the lawful rights and interests of enterprises and alleviating the burden of enterprises when they have various administrative measures to choose from.
Enterprises to apply for the administrative organ gives its rights and interests of specific administrative ACTS, laws, regulations, rules and other regulatory documents to the administrative behavior did not make specific provision, but the implementation of the administrative action does not harm the state interests, public interests and the legitimate rights and interests of other units and individuals can administrative organs in accordance with the enterprise's application.
Influence the specific administrative act of an administrative organ to implement lawful rights and interests of enterprises, in addition to the legal situation, enterprises implement the specific administrative act shall be notified in advance of the facts, reasons, basis, and have locus standing shall have the right, the right to defend oneself, hearing right and other rights and administrative remedy way, way and the time limit.
Article 12 when an administrative organ implements a specific administrative act involving a particular enterprise and may affect its lawful rights and interests, it shall listen to the opinions of that particular enterprise.
If the specific administrative act mentioned in the preceding paragraph falls within the scope of the hearing of laws, regulations and rules, the administrative organ shall inform the specific enterprise of the right to hold a hearing; If the specific enterprise requests the hearing, it shall organize the hearing.
Article 13 where a law, regulation or regulation has a definite time limit for the administrative act involving an enterprise, the administrative organ shall make a settlement within the prescribed time limit; If the time limit is not fixed, a conclusion shall be made within the time limit or within a reasonable time limit.
The administrative organ shall optimize the working process, improve the efficiency of the work, and shorten the actual time limit as much as possible.
Article 14 the establishment and implementation of administrative licenses involving enterprises shall be carried out by statutory authorities in accordance with statutory authority and procedures. Administrative organs shall not, in the form of filing, registration, registration, annual inspection, supervision, determination, certification, examination and approval, or in the name of non-administrative licensing examination and approval, set up an administrative license involving the enterprise. The following ACTS shall not be observed in the implementation of an administrative license involving the enterprise:
(1) to increase administrative licensing conditions or procedures;
(2) illegal collection of fees;
(3) to recover the cancelled or unauthorized collection of the administrative licensing items;
(4) other ACTS prohibited by laws and regulations.
Where an administrative license involving an enterprise is set up to provide pre-service projects such as technical examination, appraisal, evaluation and identification by intermediary agencies, it shall have the basis of laws and regulations; No laws or regulations shall be cancelled. The administrative organ shall not force or change the services provided by the designated intermediary organs, and shall not force or force the enterprises to purchase the specified products.
Article 15 an administrative organ may not revoke or alter any specific administrative act that has been put into effect to the enterprise's rights and interests; Because of legal reason or truly state interests, public interests need to withdraw or change, shall, in accordance with the statutory authority and procedures, and the resulting loss of the enterprise reasonable compensation according to law, otherwise stipulated by laws, regulations, those provisions shall be followed.
Article 16 the administrative organ shall in different ways to involve corporate laws, regulations, rules and other regulatory documents for propaganda, guidance, remind that can enjoy the rights and interests of enterprises, consciously perform legal obligations, and abide by and perform the related regulations, avoid or prevent illegal behavior.
In the process of administrative management, the administrative organs should pay attention to the use of demonstration, public announcement, exhortation, interview, etc., education, guide and urge enterprises to consciously correct relevant illegal behaviors.
Article 17 administrative organs shall carry out administrative penalties and administrative enforcement measures against enterprises in accordance with legal limits and procedures.
Administrative organs and their staff to the enterprise implementation of the supervision and inspection, shall be supported by laws, regulations, rules and clear the supervision and inspection, and shall be carried out in accordance with the statutory authority and procedures, shall not interfere with the normal production and operation activities, shall not solicit or accepting property or seek other benefits, different enterprises should not be subject to the same illegal act to implement selective law enforcement.
Article 18 of the tax authority shall, in accordance with the laws and administrative regulations, the provisions of the tax, it shall not violate the provisions of the laws, administrative regulations, stop, levy is imposed, levied, collected, delay or apportion taxes collected in advance.
The tax authorities shall, in an open, fair and impartial manner, carry out the preferential policies of the enterprises under the state regulations.
Article 19 according to the regulations of the state and provincial jurisdiction, procedure of enterprises, with the establishment of administrative fees and government-managed funds and government pricing or pricing management service fees, the directory listing management, and publish to the society. The administrative organ shall not charge the enterprise any expenses other than the catalogue.
The newly established administrative fees and government-managed fund projects involving enterprises shall be based on laws and administrative regulations.
Article 20 the price of services provided by an intermediary to the enterprise for the payment of administrative license as provided for in paragraph 2 of article 14 of these measures shall be regulated by the market; The service provided by the administrative license is of an industry, technical monopoly or insufficient market competition, and its fees are included in the province's pricing catalogue, which is subject to government-set or government-set prices.
Article 21 the administrative organ and exempted from registration of social organizations and its subordinate units of enterprises, all kinds of comparison, standard, upgrade, sorting, recognition, and other related activities, shall be in accordance with regulations of the state and province, permissions, and the conditions of the program reported for approval in advance.
Other social organizations to carry out of enterprises, all kinds of comparison, standard, upgrade, sorting, recognition, and other related activities, should adhere to the principle of voluntary, decide whether to participate in the competition by the enterprise, and shall not charge any fee to participate in the selection of the enterprise.
Article 22 in order to implement administrative actions for administrative purposes, the administrative organs should pay attention to avoiding the bad conduction effect on certain enterprises and affecting the legitimate rights and interests of enterprises. Where there are various ways or means for enterprises to satisfy the purpose of administrative management, enterprises shall be allowed to choose independently.
Article 23 an administrative organ or a social organization may not force or change a company to engage in the following ACTS:
(1) subscription of newspapers or magazines or advertising;
(2) donation or sponsorship of property;
(3) to pay for the compilation of catalogues, yearbooks and brochures, or to photograph or organize activities;
(4) expenses for travel, communications, food and beverage, and conference fees;
(5) lending houses, vehicles and communications equipment for free;
(6) to undertake other non-statutory obligations and burdens.
Without the basis of laws, regulations and rules, administrative organs and social organizations shall not force or change compulsory enterprises to participate in training.
Article 24 administrative organs as a civil subject participate in civil activities, should be honest and trustworthy, respect for each other the civil main body status of enterprises, equality exercise their rights, obligations and responsibility.
Article 25 relevant associations (Chambers of commerce) shall regulate their own behaviors according to law. Without the basis of laws and administrative rules and regulations, no compulsory or disguised compulsory enterprise membership shall be imposed, and the production and operation activities of member enterprises shall not be interfered.
The relevant associations (Chambers of commerce) shall, in accordance with the procedures and requirements of the state, formulate or adjust the standards of contributions.
Article 26 of the news media to the enterprise production and business operation activities and fulfill social responsibility reports should be objective and true and fair, may not exaggerate or making false reports, shall not disclose negative information threat to companies claim to the property or seek other benefits.
Article 27 any entity or individual shall have the right to complain and report violations of the lawful rights and interests of the enterprise.
The departments of economy and informatization, finance, price, supervision and other departments shall publicize the ways and means of handling complaints, reports and reports in ways that are easily accessible to the public. The complaint and report shall be investigated and dealt with in a timely manner according to law; If the complaint, report or contact method is maintained, the handling result shall be informed to the complainant and the complainant. The acceptance of complaints and reports may be referred to the relevant association (chamber of commerce). The relevant association (chamber of commerce) shall promptly transfer the complaint and report to the relevant administrative authorities for processing according to law.
Article 28 where an administrative organ or its staff violates the provisions of this regulation and infringes upon the legitimate rights and interests of the enterprise, the administrative organ shall, in accordance with its functions and powers, apply for its own correction. If the administrative organ does not correct itself, it shall be ordered to make corrections by the competent authority in accordance with the statutory authority. If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given sanctions according to law; If the enterprise causes losses, it shall be liable for compensation according to law.
Article 29 the administrative organ and its staff shall not perform or delay the performance of their duties to protect the legitimate rights and interests of the enterprise, and shall be ordered to perform their duties by the competent authorities in accordance with the statutory functions and powers; If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given sanctions according to law.
Article 30 of the news media, intermediary institutions and other social organizations and individuals in violation of these provisions, infringing on lawful rights and interests of enterprises, and shall bear, removing the influence rehabilitated, compensate for the losses and other civil liability and other corresponding legal responsibility.
Article 31 these provisions shall apply to organizations that have the authority to administer public affairs.
The legal rights and interests of village economic cooperatives, specialized farmers' cooperatives, individual industrial and commercial households and institutions that carry out enterprise management shall be carried out in accordance with these provisions.
Article 32 these provisions shall come into force as of January 1, 2015.
The general office of the people's government of zhejiang province was issued on November 5, 2014.