Document No. (2020) 129issued by Beijing Municipal Administration for Market Regulation
General Law Enforcement Team of Beijing Municipal Administration for Market Regulation, the district administrations, Commerce and Finance Bureau of Beijing Economic-Technologlcal Development Area, Yanshan Branch of Beijing Municipal Administration for Market Regulation, and Airport Branch of Beijing Municipal Administration for Market Regulation:
The following circulation is issued in accordance with relevant requirements, to further deepen the institutional reform of production licenses for industrial products and strengthen supervision over issuing licenses and after issuing licenses.
I. About accepting the approval authority for five categories of products delegated by the State Administration for Market Regulation
Starting on September 29, 2020, five categories of products, including construction reinforcement, cement, radio and TV transmission equipment, RMB counterfeit detectors, and pre-stressed concrete railway bridge supporting beams, shall be approved and licenses shall be approved and issued by the provincial administration for market supervision. For applications accepted before September 29, the General Administration for Market Supervision shall complete the approval and license issuance procedures.
II. About deepening the institutional reform of production licenses for industrial products
(I) Beginning on September 29, 2020, six categories of products, including construction reinforcement, cement, radio and TV transmission equipment, RMB counterfeit detectors, pre-stressed concrete railway bridge supporting beams, and hazardous chemicals, shall follow the simplified approval procedure. The enterprise submits the application and product test report while making a commitment to ensure the product quality and safety. Then the applicant can obtain the production license after passing the on-site verification. The time for the approvel is reduced from 30 to 10 working days.
(II) Since October 15, 2020, four categories of products, including food-related products, packaging and containers of hazardous chemicals, wires and cables, and chemical fertilizers, shall adopt the approval procedure of notification and commitment. The enterprise submits the application and product test report while signing the notification-commitment paper. After passing the formal review, the applicant can receive the license on the same day. Within 30 calendar days after the enterprise obtains the license, the administrative department shall implement the post-license supervisory review on the site.
For six categories of products including construction reinforcement, cement, radio and TV transmission equipment, RMB counterfeit detectors, pre-stressed concrete railway bridge supporting beams, and hazardous chemicals, in case of insignificant changes such as license renewal or name change, etc., approval shall be given in the means of the notification-commitment.
(III) As per the approval of production licenses for industrial products in Beijing, continuation of the approval mode of “one enterprise with one license”, and adopting the whole-process electronic processing are imperative. By means of “online processing”, “one-stop processing”, “electronic license” and “electronic delivery”, enterprises need not submit paper materials on site at all, to reduce the burden on enterprises and improve approval efficiency.
III. Regarding enhancing operational and post-operational supervision and management
(I) Publicize the commitments made by enterprises. Publicizing the notification-commitment paper, product test reports, and materials proving conformity with industrial policies submitted by the certified enterprise to accept the supervision from the society are imperative.
(II) Strengthen post-license supervision and inspection. Strengthen and regulate the post-license supervision and inspection of enterprises that obtain licenses on the condition of notification and commitment; within 30 calendar days after the license is approved, organize and implement a post-license on-site supervisory inspection of certified enterprises’ license issuance, renewal, and change of license scope while including the measures in the post-license supervision and inspection in the basic form of “double-random inspections and public supervision”.
(III) Adopt a strict market exit mechanism. During the post-license on-site supervisory inspection of the enterprises that obtain licenses on the condition of notification and commitment, in case the actual situation of the enterprise is inconsistent with the commitment, if one or more of the items, such as production conditions, test reports, and industrial policy materials, does or do not meet the requirements, the production license shall be revoked according to law. In case of other circumstances, the enterprise shall be ordered to make rectifications within a certain time frame. If it fails to make the required rectifications within a certain time frame or fails to meet the licensing conditions after rectifications, the production license shall be revoked according to law. If an enterprise is found to have obtained a production license by cheating or submitting false materials, its production license shall be revoked according to law and make public.
IV. Working requirements
(I) All departments shall strengthen policy publicity and interpretation, and transmit the concept and content of license reform to enterprises under their jurisdiction in various forms. They must also strengthen the training on laws and regulations of production license management of industrial products and relevant business, to ensure that post-license supervision and inspection are fully executed and ensure the work quality.
(II) All departments shall firmly establish red-line awareness and bottom-line thinking, regulate the post-license supervision and the crackdown and punishment of illegal acts, strengthen the supervision and random inspection of product quality in production and circulation procedures, and better implement the main responsibility of enterprise product quality and safety through fair and effective supervision.
In case of problems at work, please report them to Beijing Municipal Administration for Market Regulation in a timely manner.
Beijing Municipal Administration for Market Regulation
October 13, 2020