The Provincial Government's "Regulations on the Implementation of the Market Access Commitment Entry System in Hainan Free Trade Port"

Article 1  In order to implement the market access commitment entry system, optimize the business environment, and stimulate the vitality of market entities, these Regulations are formulated in accordance with the Hainan Free Trade Port Law of the People's Republic of China and other relevant laws and regulations, and in combination with the actual situation of Hainan Free Trade Port.

Article 2 These Regulations shall apply to the relevant management and service activities of the market access commitment entry system in Hainan Free Trade Port.

The market access commitment entry system referred to in these Regulations means that except for areas involving national security, social stability, ecological protection red lines, major public interests and other areas where the state implements access management, in areas with mandatory standards, the license and approval will be cancelled in accordance with the law, and a sound filing system will be established. Market entities can carry out investment and business activities by making written commitments to meet relevant requirements and submitting relevant materials for filing.

The matters for the implementation of the market access commitment entry system in Hainan Free Trade Port shall be managed by list, dynamically adjusted in accordance with the law, and announced to the public.

Article 3 The provincial people's government shall strengthen organization and coordination, and establish and improve a coordinated promotion mechanism for the implementation of the market access commitment entry system.

The market supervision, development and reform, commerce and other departments of the provincial people's government shall be responsible for taking the lead in promoting the market access commitment entry system.

The relevant competent departments of the Provincial People's Government shall be responsible for the promotion of the market access commitment entry system for specific industries in accordance with their respective duties, establish and improve the filing system, compile the list of filing materials, the format text of the commitment letter and the service guide that market entities need to submit, and publish them through relevant service places, websites and the province's integrated online government service platform and other channels to facilitate market entities to consult, request or download; formulate unified, standardized, concise and easy-to-implement regulatory rules in different fields to provide clear guidance for supervision.

Article 4  Before the implementation of the market access commitment entry system to cancel administrative licensing matters, the relevant competent departments that perform the approval duties in accordance with the law (hereinafter referred to as the relevant competent departments) shall be responsible for the specific handling of the filing of market access commitment entry matters and the supervision of the corresponding market entities.

Article 5  The relevant competent departments shall inform market entities at one time of the conditions, mandatory standards and technical requirements that need to be met for carrying out relevant investment and business activities, as well as the list of materials required for filing, submission methods, submission deadlines, regulatory rules, legal liabilities for breach of commitments, etc.

The content of the notification shall be comprehensive, accurate, easy to understand, quantifiable and operational, and shall not be vaguely expressed, shall not contain a bottom-line clause, and shall not attach filing conditions.

Article 6 When a market entity registers matters related to market access commitment-based entry, it shall make a written commitment on the following contents:

(i) It has known the matters to be notified;

(ii) It has met the conditions, mandatory standards and technical requirements for carrying out relevant investment and business activities, and can submit relevant materials within the agreed period;

(iii) It is willing to bear the legal liability for breach of commitment;

(iv) The commitment made is a true expression of intention.

In case of foreign investment, foreign investors or foreign-invested enterprises shall submit investment information in accordance with the law.

Article 7 For materials that can be submitted within a certain period after registration, the application of tolerance and deadline for submission shall be implemented.

If a market entity exceeds the deadline for submitting materials due to an emergency, the deadline shall be suspended or postponed in accordance with the regulations.

Article 8 After the market entity makes a written commitment and submits the registration materials that meet the requirements, the relevant competent department shall handle the registration procedures on the spot and issue a registration certificate stating the basis for implementing the market access commitment-based entry system and the registration information of the market entity as proof of the market entity's relevant investment and business activities.

Article 9  The relevant competent departments shall simultaneously push the registration information of market entities to the market supervision departments at the same level, and the commitment information of market entities to the social credit competent departments at the same level; the market entities that have signed the market access commitment letter and the content of their commitments shall be publicly disclosed to the public within five working days from the date of the issuance of the registration certificate.

The market supervision department shall, together with the relevant competent departments, integrate the registration information of market access commitments into the business license.

Article 10  The relevant competent departments shall conduct verification of the commitment content of market entities within two months from the date of the issuance of the registration certificate, and adopt "double random, one public" supervision, full coverage supervision and other methods to strengthen in-process and post-event supervision according to the characteristics of the industry and the classification of the credit risk of market entities.

Article 11  The social credit competent departments of the provincial people's government shall strengthen the collection and sharing of public credit information of market entities. The relevant competent departments shall fully include the fulfillment of commitments by market entities in the credit records and collect them on the credit information sharing platform; record the dishonest and illegal acts of market entities in the credit records, and implement dishonest punishment in accordance with the law.

Article 12 If a market entity fails to file a record or submits false materials for filing a record to carry out investment and business activities, the relevant competent department shall order it to make corrections within a time limit; if it refuses to make corrections, it shall be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan.

After filing a record, if a market entity fails to submit materials within the agreed period or the submitted materials do not meet the requirements, and carries out investment and business activities, the relevant competent department shall order it to make corrections within a time limit; if it refuses to make corrections, it shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan.

If a market entity carries out investment and business activities that do not comply with mandatory standards and laws and regulations, it shall be handled in accordance with relevant laws and regulations; if it constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 13  If a market entity has obtained an administrative license before the implementation of the market access commitment entry system to cancel administrative licensing matters, it shall continue to be valid; if the administrative license expires and it needs to continue to carry out relevant investment and business activities, it shall file a record in accordance with these regulations within 30 days before the expiration of the administrative license.

Article 14 Cities, counties, and autonomous counties that implement relatively centralized administrative licensing power reforms or comprehensive administrative law enforcement reforms shall determine the filing, supervision, and law enforcement responsibilities of relevant departments in accordance with the relevant provisions of the provincial people's government.

Article 15 These regulations shall come into force on the date of promulgation.