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国务院关于进一步做好利用外资工作的意见(中英文)
发布时间:2019-10-31

国务院关于进一步做好利用外资工作的意见

国发〔2019〕23号2019-10-30

各省、自治区、直辖市人民政府,国务院各部委、各直属机构:

对外开放是我国基本国策。外资在我国经济发展中发挥了独特而重要的作用,推动高质量发展、推进现代化建设必须始终高度重视利用外资。当前,国际投资格局深刻调整,我国利用外资工作面临新形势、新特点、新挑战。为深入贯彻习近平新时代中国特色社会主义思想,全面贯彻党的十九大和十九届二中、三中、四中全会精神,统筹推进“五位一体”总体布局,协调推进“四个全面”战略布局,落实党中央、国务院关于稳外资工作的决策部署,以激发市场活力、提振投资信心为出发点,以保障外商投资企业国民待遇为重点,以打造公开、透明、可预期的外商投资环境为着力点,持续深化“放管服”改革,进一步做好利用外资工作,稳定外资规模,优化外资结构,现提出以下意见。

一、深化对外开放

(一)支持外商投资新开放领域。继续压减全国和自由贸易试验区外商投资准入负面清单,全面清理取消未纳入负面清单的限制措施,保障开放举措有效实施,持续提升开放水平。(发展改革委、商务部牵头,各有关部门、各省级人民政府按职责分工负责)

(二)加快金融业开放进程。全面取消在华外资银行、证券公司、基金管理公司等金融机构业务范围限制,丰富市场供给,增强市场活力。减少外国投资者投资设立银行业、保险业机构和开展相关业务的数量型准入条件,取消外国银行来华设立外资法人银行、分行的总资产要求,取消外国保险经纪公司在华经营保险经纪业务的经营年限、总资产要求。扩大投资入股外资银行和外资保险机构的股东范围,取消中外合资银行中方唯一或主要股东必须是金融机构的要求,允许外国保险集团公司投资设立保险类机构。继续支持按照内外资一致的原则办理外资保险公司及其分支机构设立及变更等行政许可事项。2020年取消证券公司、证券投资基金管理公司、期货公司、寿险公司外资持股比例不超过51%的限制。(人民银行、银保监会、证监会按职责分工负责)

(三)优化汽车领域外资政策。各地区要保障内外资汽车制造企业生产的新能源汽车享受同等市场准入待遇。修订乘用车企业平均燃料消耗量与新能源汽车积分并行管理办法,在外方与中方合资伙伴协商一致后,允许外方在华投资的整车企业之间转让积分。(工业和信息化部、各省级人民政府按职责分工负责)

(四)着力营造公平经营环境。各地区、各部门要着力提高市场的公平性,及时纠正违反公平竞争的做法,着力消除妨害公平竞争的制度性障碍。统一内外资建筑业企业承揽业务范围。完善外国投资者申请从事互联网上网服务营业场所、娱乐场所经营等业务相关规定。坚持按照内外资机构同等待遇原则,开展强制性产品认证机构的资质审批工作。增加化学品物理危险性鉴定机构数量,不得针对外商投资企业设置限制性条件。(发展改革委、住房城乡建设部、商务部、文化和旅游部、应急部、市场监管总局、各省级人民政府按职责分工负责)

二、加大投资促进力度

(五)优化外商投资企业科技创新服务。加强对外商投资企业申请高新技术企业认定的指导和服务,组织开展政策专题培训,加强政策宣传,鼓励和引导外资更多投向高新技术产业。(科技部、财政部、税务总局、各省级人民政府按职责分工负责)

(六)提升自由贸易试验区建设水平。支持地方和部门聚焦市场主体期盼,提出支持自由贸易试验区进一步扩大开放和创新发展的具体措施,推进相关深层次改革事项在自由贸易试验区先行先试,充分发挥自由贸易试验区改革开放试验田作用。对有条件的自由贸易试验区下放更多省级经济管理审批权限,尤其是投资审批、市场准入等权限。(商务部牵头,发展改革委等有关部门、各有关省级人民政府按职责分工负责)

(七)提升开放平台引资质量。鼓励地方人民政府对有条件建设具有较强竞争力产业集群的国家级经济技术开发区予以支持,打造品牌化招商引资平台。建立重点企业联系制度,提供专业化、全流程服务,着力培育带动力强、辐射面广的龙头企业和产业链核心企业。在确有发展需要且符合条件的中西部地区,优先增设一批综合保税区。切实推进国家级经济技术开发区“审批不出区”、“互联网+政务服务”和“最多跑一次”改革,创新完善企业服务体系,构建一流营商环境。(财政部、工业和信息化部、商务部、海关总署、税务总局、各省级人民政府按职责分工负责)

(八)支持地方加大对外资的招商引资力度。鼓励地方政府根据当地招商工作实际,制定考核激励政策,对招商部门、团队内非公务员岗位实行更加灵活的激励措施。鼓励地方政府在法定权限内合理设定招商引资工作经费额度与标准,对出境招商活动、团组申请等予以支持。(外交部、发展改革委、财政部、人力资源社会保障部、商务部、各省级人民政府按职责分工负责)

(九)抓好政策宣传解读。各地区、各部门要通过设立投资服务平台、政策咨询窗口等方式,积极开展政策宣传,深入企业宣讲政策,了解政策实施难点、堵点,全方位回应企业诉求,依法依规支持外商投资企业享受配套优惠政策,协助企业用足用好各项政策。(各有关部门、各省级人民政府按职责分工负责)

三、深化投资便利化改革

(十)降低资金跨境使用成本。尽快出台具体措施,支持外商投资企业扩大人民币跨境使用。扩大资本项目收入支付便利化改革试点范围。推进企业发行外债登记制度改革,完善全口径跨境融资宏观审慎管理政策,支持外商投资企业自主选择借用外债模式,降低融资成本。鼓励外商投资企业资本金依法用于境内股权投资。(发展改革委、商务部、人民银行、外汇局按职责分工负责)

(十一)提高来华工作便利度。支持各地区根据本地经济发展需要,对于急需紧缺的创新创业人才、专业技能人才来华工作,可适当放宽年龄、学历或工作经历等限制。对有创新创业意愿的外国留学生,可凭中国高校毕业证书申请2年私人事务类居留许可。已连续两次申请办理工作类居留许可的外国人,可在第三次申请时按规定签发5年有效期的工作类居留许可。优化外国人申请来华工作许可办理流程,完善部门信息共享机制,探索整合外国人工作许可证和工作类居留许可。(外交部、科技部、人力资源社会保障部、移民局、各省级人民政府按职责分工负责)

(十二)优化外资项目规划用地审批程序。持续深化规划用地“放管服”改革,加快外资项目落地进度。合并规划选址和用地预审,合并建设用地规划许可和用地批准,推进多测整合、多验合一,推进信息共享,简化报件审批材料。(自然资源部牵头,发展改革委、住房城乡建设部、商务部等部门和各省级人民政府按职责分工负责)

四、保护外商投资合法权益

(十三)全面贯彻外商投资法。外商投资法及其配套法规实施后,各地区、各部门要严格贯彻落实,进一步清理相关法规规定,抓紧制定完善具体实施办法和有关司法解释,做好解读和培训工作,确保外商投资法各项制度切实有效执行。(商务部、发展改革委、最高人民法院、司法部牵头,各部门、各省级人民政府按职责分工负责)

(十四)保护外商投资企业合法权益。各地区应建立健全外商投资企业投诉受理机构,完善处理规则,规范处理程序,提高处理效率。各地区、各部门应严格遵照外商投资法、行政许可法等法律法规对外商投资实施行政许可,不得擅自改变行政许可范围、程序及标准等,行政机关及其工作人员不得通过行政许可、监督检查、行政强制等,强制或者变相强制外国投资者、外商投资企业转让技术。(商务部牵头,各部门、各省级人民政府按职责分工负责)

(十五)强化监管政策执行规范性。优化监管方式,科学合理设定环境保护、安全生产等监管执法检查频次,降低外商投资企业合规成本。地方政府应依照大气污染防治法等有关法律法规规定采取重污染天气应急措施。指导各地在市场监管领域细化、量化行政处罚自由裁量标准。(生态环境部、应急部、市场监管总局等部门和各省级人民政府按职责分工负责)

(十六)提高行政规范性文件制定透明度。各地区、各部门制定出台涉及外商投资的行政规范性文件,应当加强合法性审核。与外商投资企业生产经营活动密切相关的行政规范性文件,应当结合实际,合理确定公布到施行之间的时间,提高政策可预见性和透明度。(各部门、各省级人民政府按职责分工负责)

(十七)发挥知识产权司法保护重要作用。充分发挥财产保全、证据保全、行为保全的制度效能,提高知识产权司法救济的及时性和便利性。优化涉及外商投资企业知识产权案件中对证据形式要件的要求,适用事实推定,合理减轻外方当事人的诉讼负担。依法加强保护商业秘密、合理分配举证责任,加大民事保护和刑事保护力度。依法集中、统一审理专利无效与侵权上诉案件,进一步提升审判质效。充分尊重知识产权的市场价值,积极运用惩罚性赔偿,加大对恶意侵权行为、重复侵权行为的打击力度。进一步完善技术调查官制度,加强技术类案件的多元事实查明机制建设。加强涉及标准必要专利的案件审理,保障公平竞争市场秩序。充分发挥知识产权案件多元化调解的作用,实质性解决纠纷。进一步统一知识产权案件诉讼证据和司法裁判标准,适时出台有关司法解释,发布指导性案例,持续提升知识产权司法审判工作规范化、科学化、国际化水平。(最高人民法院负责)

(十八)完善知识产权保护工作机制。建立健全知识产权快速协同保护和信用联合惩戒机制,持续推进知识产权纠纷仲裁调解工作,构建完善知识产权纠纷多元化解决机制。完善注册商标撤销程序。健全地理标志保护制度。完善电子商务知识产权保护机制,完善电子商务平台专利侵权判定通知、移除规则,完善电子商务领域专利执法维权协作调度机制。积极运用标准化方法,加强知识产权保护。(商务部、市场监管总局、知识产权局、各省级人民政府按职责分工负责)

(十九)支持参与标准制定。指导各地区、各部门全面落实内外资企业公平参与我国标准化工作,鼓励外商投资企业参与我国医疗器械、食品药品、信息化产品等标准制定,提高行业标准和技术规范制修订的科学性和透明度。(市场监管总局牵头,各部门、各省级人民政府按职责分工负责)

(二十)保障依法平等参与政府采购。各地区、各部门在政府采购信息发布、供应商条件确定、评标标准等方面,不得对外商投资企业实行歧视待遇,不得限定供应商的所有制形式、组织形式、股权结构或者投资者国别,以及产品或服务品牌等。(财政部牵头,各部门、各省级人民政府按职责分工负责)

各地区、各部门要深入贯彻党中央、国务院关于稳外资工作的部署要求,充分认识当前进一步做好利用外资工作的重要意义,提高站位,主动作为,务求实效,狠抓各项政策措施落实。涉及修订或废止行政法规、国务院文件、经国务院批准的部门规章的,由原牵头起草部门或商务部会同有关部门报请国务院修订或废止。商务部要会同有关部门加强指导和协调,重大问题及时向国务院报告。

国务院               

2019年10月30

Opinions of the State Council on Further Improving the Use of Foreign Capital

Guo Fa [2019] No.23                         2019-10-30

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, and ministries, commissions and all directly affiliated institutions under the State Council,

Opening up to the outside world is a basic national policy of China. Foreign capital has played a unique and important role in China's economic development. To promote high-quality development and the modernization drive, we must always attach great importance to the use of foreign capital. Currently, the international investment landscape is undergoing profound adjustments, and use of foreign capital in China is facing new situations, new characteristics and new challenges. In order to thoroughly implement Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, fully carry out the spirit of the Nineteenth National Congress of the Communist Party of China (CPC) and the second, third and fourth plenary sessions of the Nineteenth CPC Central Committee, carry out overall planning to promote the "Five-in-One" overall layout, coordinate to push forward the "Four Comprehensives" strategic layout, put into practice the decisions and deployments of the CPC Central Committee and the State Council on stabilizing foreign capital, take stimulating market vitality and boosting investment confidence as the starting point, safeguarding the national treatment of foreign-invested enterprises as the focal point and creating an open, transparent and expectable foreign investment environment as the point of efforts, continue to deepen the reform of "streamlining administration, delegating powers and improving services", further improve the use of foreign capital, stabilize the scale of foreign investment, and optimize the structure of foreign investment, the following opinions are hereby put forward.

I. Deepen Opening up to the Outside World

(I) Support foreign investors to invest in new open fields. We shall continue to scale down the negative list of access for foreign investment across the country and in pilot free trade zones, comprehensively clear up and abolish restrictive measures which are not included in the negative list, safeguard the effective implementation of opening-up measures and continue to raise the level of opening up. (The National Development and Reform Commission and the Ministry of Commerce shall play the lead role, and all relevant departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(II) Accelerate the opening up of the financial industry. We shall comprehensively abolish restrictions on the scopes of business of foreign banks, securities companies, fund management companies and other financial institutions in China, enrich market supply and boost market vitality. We shall reduce the quantitative access requirements for foreign investors to invest in and set up banking and insurance institutions and run relevant businesses, and abolish the total asset requirements for foreign banks to establish foreign legal person banks and branches in China, as well as the requirements of operating years and total assets for foreign insurance brokerage companies to operate insurance brokerage businesses in China. We shall expand the scope of shareholders for investing in foreign banks and foreign insurance institutions, abolish the requirement that the sole or major shareholder of a Chinese-foreign joint venture bank must be a financial institution, and allow foreign insurance group companies to invest in and establish insurance institutions. We shall continue to support the handling of the establishment, alteration and other administrative licensing matters of foreign insurance companies and their branches in line with the principle of consistency between domestic and foreign investors. In 2020, we shall abolish the restriction that the foreign shareholding ratio of securities companies, securities investment fund management companies, futures companies and life insurance companies should not be more than 51%. (The People's Bank of China, the China Banking and Insurance Regulatory Commission and the China Securities Regulatory Commission shall be responsible for the work according to their respective functions and responsibilities.)

(III) Optimize foreign investment policies in the automobile field. All regions shall guarantee that new-energy vehicles (NEVs) produced by domestic and foreign automobile manufacturers enjoy the same market access treatment. We shall revise the measures for the parallel administration of corporate average fuel consumption and NEV credits, and allow the transfer of credits between foreign-invested vehicle enterprises in China after foreign parties reach agreement through consultation with their Chinese joint venture partners. (The Ministry of Industry and Information Technology and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(IV) Strive to create a fair operation environment. All regions and all departments should strive to improve the fairness of the market, promptly correct practices which violate fair competition, and make efforts to eliminate institutional obstacles hindering fair competition. We shall unify the scopes of business canvassing for domestic and foreign construction enterprises; and improve relevant provisions on applications by foreign investors for engaging in the operation of Internet-based service business venues, entertainment venues and other businesses. We shall adhere to the principle of equal treatment for domestic and foreign institutions, and carry out the qualification examination and approval of compulsory product certification institutions. We shall increase the number of agencies that appraise the physical hazards of chemicals, and shall not set restrictive conditions for foreign-invested enterprises. (The National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the Ministry of Culture and Tourism, the Ministry of Emergency Management, the State Administration for Market Regulation and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

II. Step up Investment Promotion

(V) Optimize scientific and technological innovation services for foreign-invested enterprises. We shall strengthen guidance and services for foreign-invested enterprises to apply for accreditation as new and high technology enterprises, organize and conduct thematic training on policies, strengthen policy publicity, and encourage and guide more foreign capital to flow into new and high technology industries. (The Ministry of Science and Technology, the Ministry of Finance, the State Taxation Administration and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(VI) Raise the construction level of pilot free trade zones. We shall support local governments and departments to focus on the expectations of market entities, put forward specific measures to support pilot free trade zones to further expand opening-up and innovate development, push forward the first trial and first pilot of relevant in-depth reform matters in pilot free trade zones, and give full play to the role of pilot free trade zones as test grounds of reform and opening-up. We shall delegate more provincial economic administrative examination and approval powers, especially investment examination and approval, market access and other powers, to pilot free trade zones where conditions permit. (The Ministry of Commerce shall play the lead role, and the National Development and Reform Commission, relevant departments and all relevant provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(VII) Improve the quality of capital attracted by open platforms. Local people's governments shall be encouraged to give support to national economic and technological development areas which have conditions to build relatively competitive industrial clusters, and establish brand-based business promotion and capital introduction platforms. We shall establish a system of contact with key enterprises, provide professional and whole-process services, and strive to cultivate leading enterprises and core enterprises in industrial chains which have strong driving forces and a wide reach. In central and western regions which do have development needs and meet the pertinent requirements, we shall give priority to the establishment of a number of additional comprehensive bonded zones. We shall effectively push forward the reform of "within-area examination and approval", "Internet + government services" and "one visit at most" in national economic and technological development areas, innovate and perfect the enterprise service system and build a first-class business environment. (The Ministry of Finance, the Ministry of Industry and Information Technology, the Ministry of Commerce, the General Administration of Customs, the State Taxation Administration and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(VIII) Support local governments to step up efforts to attract foreign investment. We shall encourage local governments to formulate assessment and incentive policies according to their actual situations of local business promotion work, and implement more flexible incentive measures for non-civil servant posts in their business promotion departments and teams. We shall encourage local governments to rationally set fund quotas and standards for business promotion and capital attraction within their statutory powers, and give support to overseas business promotion activities, team applications and so on. (The Ministry of Foreign Affairs, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Human Resources and Social Security, the Ministry of Commerce and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(IX) Effectively carry out policy publicity and interpretation. All regions and all departments shall actively carry out policy publicity by setting up investment service platforms, policy consultation windows and other means, go deep into enterprises to publicize policies, learn about difficult and blocking points in policy implementation, comprehensively respond to demands of enterprises, support foreign-invested enterprises to enjoy supporting preferential policies in accordance with laws and regulations, and assist enterprises to make full and good use of various policies. (All relevant departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

III. Deepen the Reform of Investment Facilitation

(X) Reduce the cost of cross-border use of funds. We shall introduce specific measures as soon as possible to support foreign-invested enterprises to expand the cross-border use of RMB. We shall expand the scope of the pilot reform to facilitate payment of incomes from capital accounts; and promote the reform of the registration system for issuance of foreign debts by enterprises, perfect the macro Prudential Management Policy for cross-border financing in all calibers, support foreign-invested enterprises to choose their own mode of borrowing of foreign debts, and reduce financing costs. We shall encourage foreign-invested enterprises to use their capital funds in equity investment in China according to the law. (The National Development and Reform Commission, the Ministry of Commerce, the People's Bank of China and the State Administration of Foreign Exchange shall be responsible for the work according to their respective functions and responsibilities.)

(XI) Step up facilitation for foreigners to work in China. We shall support all regions to appropriately relax, according to the needs of their local economic development, restrictions on age, educational background, work experience and so on for urgently needed innovative and entrepreneurial talents and professional and skilled talents to come and work in China. Foreign students studying in China who have an intention of innovation and entrepreneurship may apply for a two-year private affairs-related residence permit by presenting their graduation certificates from Chinese universities. Foreigners who have applied for a work-related residence permit twice in a row may be granted, in accordance with provisions, a work-related residence permit with a validity period of five years when they apply for a work permit the third time. We shall optimize the procedures for handling applications from foreigners for work permits in China, perfect the departmental information sharing mechanism, and explore the integration of work permits and work-related residence permits for foreigners. (The Ministry of Foreign Affairs, the Ministry of Science and Technology, the Ministry of Human Resources and Social Security, the National Immigration Administration and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XII) Optimize procedures for the examination and approval of planned land use for foreign-invested projects. We shall continue to deepen the reform of "streamlining administration, delegating powers and improving services" for planned land use, and accelerate the implementation of foreign-invested projects. We shall combine planning, site selection and land use pre-examination, merge construction land use planning permits and land use approvals, promote the integration of multiple surveying and mapping businesses and the unification of multiple acceptance inspections, push forward information sharing, and simplify examination and approval materials for applied projects. (The Ministry of Natural Resources shall play the lead role, and the National Development and Reform Commission, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce and other departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

IV. Protect the Legitimate Rights and Interests of Foreign Investors

(XIII) Fully implement the Foreign Investment Law. After the Foreign Investment Lawand its supporting regulations come into effect, all regions and all departments shall strictly implement them, further clear up relevant regulations and provisions, promptly formulate and perfect specific implementing measures and relevant judicial interpretations, effectively carry out interpretation and training work, and ensure the effective implementation of various regulations of the Foreign Investment Law. (The Ministry of Commerce, the National Development and Reform Commission, the Supreme People's Court and the Ministry of Justice shall play the lead role, and all departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XIV) Protect the legitimate rights and interests of foreign-invested enterprises. All regions shall establish and improve their institutions for handling complaints from foreign-invested enterprises, perfect handling rules, standardize handling procedures and improve handling efficiency. All regions and all departments shall strictly abide by the Foreign Investment Law, the Administrative Licensing Lawand other laws and regulations, implement administrative licensing on foreign investment, and shall not change the scope, procedures or standards, etc. of administrative licensing without authorization. Administrative organs and their staff shall not force or force in disguised form foreign investors or foreign-invested enterprises to transfer technology by way of administrative licensing, supervision and inspection, administrative coercion, etc. (The Ministry of Commerce shall play the lead role, and all departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XV) Strengthen the standardization of regulatory policy implementation. We shall optimize modes of supervision, scientifically and rationally set frequencies of supervision lawenforcement inspection concerning environmental protection, production safety, etc., and reduce the compliance cost of foreign-invested enterprises. Local governments shall take emergency measures against severely polluting weather in accordance with the Law on the Prevention and Control of Air Pollution and other relevant laws and regulations. We shall guide localities to refine and quantify criteria of discretion in administrative punishment in the field of market regulation. (The Ministry of Ecology and Environment, the Ministry of Emergency Management, the State Administration for Market Regulation and other departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XVI) Improve the transparency of the formulation of administrative normative documents. All regions and all departments shall strengthen legality auditing when formulating and issuing administrative normative documents involving foreign investment. For administrative normative documents closely related to the production and operation activities of foreign-invested enterprises, we shall rationally determine the time between publication and implementation in relation to actual situations, so as to improve the predictability and transparency of policies. (All departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XVII) Leverage the important role of judicial protection of intellectual property rights. We shall give full play to the system efficacy of property preservation, evidence preservation and behavior preservation, and improve the timeliness and convenience of the judicial remedy for intellectual property rights. We shall optimize the requirements for formal elements of evidence in intellectual property cases involving foreign-invested enterprises, apply the presumption of fact, and rationally reduce the litigation burden of foreign parties. In accordance with the law, we shall strengthen the protection of trade secrets, rationally allocate the burden of proof, and strengthen civil and criminal protection; and try patent invalidity and infringement appeal cases in a centralized and unified way in accordance with the law, and further improve the quality and efficiency of trials; and fully respect the market value of intellectual property rights, actively use punitive compensation, and intensify efforts to crack down on acts of malicious infringement and repeated infringement. We shall further improve the system of technical investigators, and strengthen the establishment of a mechanism for multiple fact investigation in technical cases; shall strengthen the trial of cases involving standard-essential patents, and safeguard fair competition and market order; and shall give full play to the role of diversified mediation in intellectual property cases, and resolve disputes in a substantive way. We shall further unify the litigation evidence and judicial judgment standards for intellectual property cases, duly issue relevant judicial interpretations, issue guiding cases, and continuously raise the level of standardization, scientificity and internationalization of intellectual property judicial trials. (The Supreme People's Court shall be responsible for the work.)

(XVIII) Perfect the work mechanism of protection of intellectual property rights. We shall establish and improve a mechanism for rapid collaborative protection of intellectual property rights and credit-based joint punishment, continue to promote arbitration and mediation of intellectual property disputes, and establish and improve diversified mechanisms for resolving intellectual property disputes. We shall improve the procedures for revoking registered trademarks; and perfect the protection system for geographical indications. We shall perfect the mechanism of protection of intellectual property rights in e-commerce, rules on notification and removal of patent infringement judgments on e-commerce platforms, and collaboration and scheduling mechanisms forpatent lawenforcement and rights safeguarding in the field of e-commerce. We shall actively use standardized methods to strengthen the protection of intellectual property rights. (The Ministry of Commerce, the State Administration for Market Regulation, the National Intellectual Property Administration and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XIX) Support participation in standards formulation. We shall guide all regions and all departments to fully implement the fair participation of domestic and foreign-invested enterprises in China's standardization work, encourage foreign-invested enterprises to participate in the formulation of China's medical device, food and drug, information product and other standards, and improve the scientificity and transparency of the formulation and revision of industry standards and technical specifications. (The State Administration for Market Regulation shall play the lead role, and all departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

(XX) Safeguard equal participation in government procurement according to the law. No region or department shall discriminate against foreign-invested enterprises in respect of government procurement information release, supplier eligibility determination, bid evaluation criteria, etc., nor set restrictions on the ownership form, organizational form, equity structure or investor country of suppliers, or product or service brands, etc. (The Ministry of Finance shall play the lead role, and all departments and all provincial people's governments shall be responsible for the work according to their respective functions and responsibilities.)

All regions and all departments shall thoroughly implement the deployments and requirements of the CPC Central Committee and the State Council on stabilizing foreign capital, fully realize the great significance of further improving the use of foreign capital, raise the stance, take the initiative to act, effectively pursue practical results, and vigorously implement various policy measures. Where revision or repeal of administrative regulations, documents of the State Council or departmental rules approved by the State Council is involved, the original leading drafting departments or the Ministry of Commerce shall, in conjunction with relevant departments, report the same to the State Council for revision or repeal. The Ministry of Commerce in conjunction with relevant departments shall strengthen guidance and coordination, and promptly report major issues to the State Council.

State Council

October 30, 2019

(Released inpublic)

(All information published in this website is authentic in Chinese. English is provided for reference only. )