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Corporate Service - China

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Fully Implement the Notification and Commitment System for Certification Items and Business License Matters Related to Enterprises

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In May 2019, the State Council decided to carry out the pilot project of notification and commitment system of certification matters in 13 provinces (municipalities directly under the central government) including Tianjin and 5 departments of the State Council including the Ministry of public security. The commitment system has played an important role in reducing proof items, simplifying administrative examination and approval, and facilitating enterprises and the masses to handle affairs and start businesses. The State Council is now putting forward opinions on the full implementation of the notification and commitment system for certification matters and enterprise related business licensing matters, and requires all localities to formulate implementation plans for their own regions and departments, and report them to the Ministry of justice for the record. So, what is the promise system of proof and business license? This article aims to solve frequently asked questions in the form of Q&A for clients’ reference.

Q: What is the notification and commitment system of certification matters? What is the promise system for informing the Business License items of enterprises?
A: The notification and commitment system of certification matters refers to the law that when citizens, legal persons and other organizations apply to the administrative organ to handle administrative matters, the administrative organ will inform the applicant in written form (including electronic text, the same below) of the burden of proof, the content of proof and the legal responsibility of false commitment. The written commitment of the applicant has met the relevant requirements of notification and is willing to undertake the false commitment Legal responsibility, administrative organs no longer ask for relevant certificates and handle relevant administrative matters in accordance with written commitments.
For enterprises involved in Business License notification commitment system, the applicant makes a commitment to meet the licensing conditions. If the behaviour that does not meet the licensing conditions can be corrected and risks can be effectively prevented through in-process and after-the-spot supervision, the notification commitment system is implemented.

Q:
What kind of proof cannot be issued again, and can be applied to the notification commitment system?
A: The proof items which are closely related to the production and life of enterprises and the masses, are frequently used or difficult to obtain can be applied to the notification commitment system. Especially in registered residence management, market main body approval, qualification examination, social insurance, social assistance, physical examination, legal service and so on.

Q:
What proof items are not applicable to the disclosure commitment system?
A:
The proof items which are closely related to the production and life of enterprises and the masses, are frequently used or difficult to obtain can be applied to the notification commitment system. Especially in registered residence management, market main body approval, qualification examination, social insurance, social assistance, physical examination, legal service and so on.

Q:
What about the commitment of Business License matters?
A:
If the applicant voluntarily signs the letter of acceptance and submits the materials as required, the administrative organ shall decide on the spot. If the notification and commitment system is implemented for the business license items related to enterprises, and the license materials are subject to the notification and commitment system of certification items, the one-time notification and commitment shall be handled in accordance with the procedures of the notification and commitment system of business license matters involved in enterprises.

Q:
Can I choose whether to adopt the notification and commitment system?
A:
Sure.
The applicant can choose whether to apply the notification and commitment system for the certification matters and business license matters related to enterprises.
If the applicant is unwilling or unable to promise, it shall submit the certificate required by laws and regulations or the decision of the State Council, or handle the business license matters related to enterprises in accordance with the general procedures.
Note: if the applicant has a serious bad credit record or has made a false commitment, it is not applicable to inform the commitment system before credit repair.

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