In order to implement the decision-making and deployment of the Party Central Committee and The State Council on carrying out the work of cleaning up laws, regulations and policies concerning unequal treatment of enterprises, and break the institutional obstacles restricting the development of enterprises, we are collecting clues on the problem of unequal treatment of enterprises by various laws, regulations and policies. If you think that relevant laws and regulations exist in one of the following circumstances, you can reflect the problem through the designated mailbox.

(1) Hindering market access and exit. Setting unreasonable or discriminatory entry and exit conditions in infrastructure project construction, tendering and bidding, and government procurement; Restrict the operation, purchase and use of commodities and services provided by specific business operators; The establishment of procedures and intermediary services with the nature of administrative license, such as examination and approval procedures and pre-record procedures, which are not based on laws and regulations or decisions of The State Council; Set up approval or record procedures with the nature of approval for industries, fields and businesses that are not on the negative list for market access; Illegally establishing franchise rights or granting franchise rights to enterprises without fair competition.

(2) impeding equal access to and free movement of factors of production and free movement of goods and services. Discriminatory pricing policies and discriminatory subsidies for goods and services imported from abroad; Restricting the access of foreign and imported goods and services to the local market or impeding the transport of local goods and services; Excluding and restricting foreign enterprises from participating in local public resource trading activities; Excluding, restricting or forcing foreign enterprises to invest or set up branches or business premises locally; Discriminatory treatment of local investment or branches established by foreign enterprises, infringing on their legitimate rights and interests; Illegal addition of migration conditions, restricting the migration or withdrawal of enterprises; Unreasonable restrictive provisions are imposed on the acquisition of capital, land, talents and other elements by enterprises.

(3) Affecting production and operation costs. In violation of laws and regulations, preferential policies are given to specific enterprises in terms of financial subsidies, access to factors, taxation, environmental protection standards, and emission rights; Illegally linking fiscal expenditures to tax or non-tax income paid by specific enterprises; Reduce or suspend the payment of social insurance fees and taxes that should be paid by specific business operators in violation of laws and regulations; Illegally requiring operators to provide or withhold various types of deposits; Set discriminatory requirements for obtaining government investment funds, loans and other financing.

(4) Affecting the production and operation of enterprises. Illegally force an enterprise to engage in the monopoly acts prescribed in the Anti-Monopoly Law of the People's Republic of China; Illegally disclosing or requiring enterprises to disclose sensitive information of production and operation, providing convenient conditions for other operators to engage in monopoly behavior; Illegal government pricing beyond the pricing authority; To illegally intervene in the market to regulate the price level of goods and services.

(5) Administrative supervision and law enforcement. Illegally set discriminatory inspection items and inspection frequency for different enterprises; The law sets the benchmark of administrative discretion for different enterprises, and makes administrative penalties, administrative enforcement measures, and administrative enforcement decisions that are obviously discriminatory against specific enterprises.

Questions should be sent to fgql@chinalaw.gov.cn before September 30, 2024, and the email must clearly specify the name of the laws, regulations and policies in question, symbol number (if any), release time, as well as the specific content of unequal treatment of enterprises and relevant explanations.