Implementation Measures for the Regulation on Fair Competition Reviews

 

 

Issued by: State Administration for Market Regulation
Issue No.: State Administration for Market Regulation Order No.99
Release Date: February 28, 2025
Effective date: April 20, 2025
Links: https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2025/art_2084c3ba225943c2a670d27e85fb00be.html

 

On the basis of the Regulation on Fair Competition Reviews, the Implementation Measures specify the review criteria and procedures, supervision and safeguard measures for administrative authorities when drafting policies and measures involving economic activities of operators.
1. Detail the reviewing criteria into 66 specific circumstances in four aspects in restricting market access and exit, restricting the free flow of goods and factors, affecting production and operation costs, and affecting production and operation behaviors. Examples are: 1) It shall not illegally establish approval procedures or other unreasonable conditions that prevent business operators from changing their registered addresses or reducing their registered capital; 2) Financial rewards or subsidies should not be provided on the condition that non-local business operators relocate their registered addresses to the local area, pay taxes locally, or are included in local statistics.


2. The drafting authority of the policies and measures should first conduct a fair competition review on their own during the drafting stage and listen to the opinions of interested parties. Then the drafts shall be submitted to the Administration for Market Regulation at the same level for a second review before submitting to the government.

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