2015-11-16 14:45

 

Weekly review: to accelerate the development of direct market access negative list system

 

 
CNDSN November 15th] (Ouyang Wenzhang / author) recently held a comprehensive deepening reform leading group for the sixteenth meeting to consider the implementation of market access negative list system, the implementation of the negative list system for the implementation of market access to the top level, a clear overall requirements, the main task and supporting measures. We believe that further accelerate the development of direct selling industry, it is necessary to speed up the development of direct market access negative list system.
The market access system is the legal system which is established, examined and approved by the state to the market subject qualification. It is the basic and initial management system for the market economy. The current market access system, formed in the planned economy era, the purpose is to strictly control the enterprise. This market access system is based on a positive list of market access system based on administrative licensing, which is listed on the list of areas that are allowed to enter. The current direct market access system is the case.
With planned economy "birthmark" direct market access system has a lot of shortcomings, such as private capital of direct market access are invisible barriers, such as "hidden rules" of the examination and approval department, operation process is not transparent, departments in the approval process often for different types of enterprise implementation of different scale and standard, caused by private capital have to pay additional costs. At the same time, the direct sales market access procedures cumbersome, the statutory administrative examination and approval involves multiple departments. Therefore, to establish a unified and open, competitive and orderly market system, we must reform the current direct market access system. Establishing a negative list system of direct selling market access is an important measure for the reform of the system.
"Direct management Ordinance" on the direct access to the market has a series of applications to be the following conditions: (a) investors have a good business reputation, the application for 5 consecutive years without major illegal business records; foreign investors should have more than 3 years experience in direct selling activities in China; (three) paid in full accordance with the provisions of this Ordinance in full payment of the deposit; (four) in accordance with the provisions of the establishment of information and disclosure system. It is clear that the direct selling market access system is based on a positive list of administrative licensing as the dominant market access system, so that a considerable part of the business block in the direct sales market, the direct management regulations implemented ten years before the approval of 71 companies to become direct marketing companies. This scale is not match with the size of our economic development, but also with a huge direct sales market is not commensurate. Therefore, to speed up the development of direct market access negative list system is the important step to accelerate the development of direct selling industry.
Simply said, the establishment of a direct sales market access negative list system, is to enter the direct market to reflect the principle of non - entry into the. "Ban" the contents of the "direct management Ordinance" expressly provided that the proposal to make appropriate adjustments, such as registered capital, margin issues, etc., can be open to question. In addition, the other "no" of the contents of the country as soon as possible, a unified list of several can not enter the direct selling industry. For example, the subject of serious dishonesty banned direct market problems, the government should clearly establish the trustworthiness incentives and dishonesty disciplinary mechanism. Establish and improve the system of operating exception list, the violation of the principle of market competition and the legitimate rights and interests of consumers, direct selling market players to establish a blacklist system. So that the serious violation of the main body to prohibit the illegal direct selling industry. Again, for example, to improve the market exit mechanism, the government should clear stipulation for violation of laws and regulations prohibited provisions of market main body, to reach the mandatory standards for energy-saving environmental protection, production safety, product quality of the main players in the market shall according to law shall be banned, revoke the relevant license.
The establishment of a negative list system for the establishment of direct selling market access, but also to consider the following aspects: first, the relaxation of the registered capital registration conditions. Cancellation of the company's minimum registered capital limit, the company paid up capital is no longer as a business registration. The company registration, no need to submit verification report. Two is the implementation of the company registered capital subscribed system. Company shareholders (promoters) independently agreed to pay the amount of capital, investment, investment period, etc., to pay the authenticity, legitimacy, and through the main market players credit information publicity system to the public. Three is the reform of the business project approval. Pre license approval, registration authority to the province, as long as the provincial approval of the State Ministry of commerce can issue direct sales business license. Four is the direct selling enterprise annual inspection system to the annual report of the publicity system. Direct selling enterprises shall submit the information, such as capital, assets, operating status and other information, and to the public. Direct selling enterprises in the annual report of the authenticity, legitimacy of public information. Industrial and commercial authorities can conduct random checks on the annual report of the enterprise. 3
Editor: small Shen
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