The term "private enterprises" as mentioned in these Provisions refers to enterprises established according to law except wholly state-owned enterprises, state-owned capital holding enterprises (hereinafter referred to as state-owned enterprises) and wholly foreign-owned and foreign-controlled enterprises. Article 3 The municipal and district people's governments shall strengthen the leadership over the protection of the rights and interests of private enterprises, incorporate the development of private enterprises into the long-term planning of national economic and social development, unblock the channels for expressing the opinions and demands of private enterprises, and improve the evaluation mechanism of government service quality.
The municipal and district people's governments shall establish and improve the leadership and coordination mechanism to support the development of private enterprises, coordinate the protection and promotion of the rights and interests of private enterprises within their respective administrative areas, and hold regular meetings every year to study and solve major problems in ensuring the development of private enterprises.
The management institutions of economic functional zones shall perform the duties of the district people's governments to protect the rights and interests of private enterprises. Article 4 The municipal competent department of industry and information technology shall be responsible for macro guidance and service for the development of private enterprises, comprehensively coordinate relevant departments to formulate policies and measures to promote the development of private enterprises, and coordinate and solve major problems in the development of private enterprises.
Administrative departments in charge of development and reform, finance, taxation, scientific and technological innovation, market supervision and management, natural resources, housing and urban and rural construction, human resources and social security, commerce, finance, urban management and comprehensive law enforcement, and government service data management shall do a good job in protecting the rights and interests of private enterprises according to their respective duties. Article 5 The Federation of Industry and Commerce shall play the role of a bridge between the government and private enterprises, assist the government in providing services and guidance, contact and serve private enterprises, reflect the reasonable demands of private enterprises, and safeguard the legitimate rights and interests of private enterprises and operators.
Industry associations and chambers of commerce shall carry out activities according to laws and regulations, strengthen industry self-discipline, standardize industry market order, promote the construction of industry integrity, and safeguard the legitimate rights and interests of private enterprises according to law. Article 6 The municipal and district people's governments and their relevant departments shall not fail to perform, partially perform or delay the performance of the agreed obligations on the grounds of adjustment of administrative divisions, change of government, adjustment of institutions or functions, and replacement of relevant responsible persons. If it is really necessary to change the policy commitment and contract agreement because of the interests of the state and society, it shall be carried out in accordance with the statutory authority and procedures, and compensation shall be given according to law.
The Municipal People's Government shall assess the government performance of the government departments at the same level and the people's governments at lower levels, and the assessment results shall be incorporated into the government performance evaluation system. Explore the establishment of the accountability system for government dishonesty, and punish government dishonesty according to regulations. Article 7 The Municipal People's Government shall establish a policy evaluation and tracking system for private enterprises, and the policy-making organs of private enterprises shall regularly evaluate the implementation and implementation effect of policies, and promptly clean up policies and measures that do not meet the requirements for the protection of the rights and interests of private enterprises.
The municipal administrative department of statistics shall, jointly with the municipal administrative department of industry and information technology, establish a statistical monitoring mechanism for private enterprises, strengthen the analysis and judgment on the development and operation trend of private enterprises, and regularly publish the report on the development of private economy in this Municipality to provide decision support for the development and protection of private economy. Article 8 When the municipal and district people's governments and relevant departments formulate laws, regulations, other policy documents and specific policies and measures involving market entities, the drafting department shall conduct fair competition review according to law in the drafting process to prevent private enterprises from being excluded or restricted from participating in market competition. Without fair competition review, it shall not be introduced.
This Municipality shall establish a joint meeting system of fair competition review, establish and improve the linkage working mechanism of fair competition review, strengthen information exchange and cooperation, and promote the effective implementation of fair competition review system. Article 9 The municipal and district people's governments and their relevant departments shall carry out the following acts according to law, and shall not set unequal standards or conditions due to different forms of ownership:
(1) Formulating and implementing various plans and industrial policies;
(2) land supply;
(3) financial support;
(4) Allocation of energy consumption indicators;
(5) Formulating and implementing pollutant discharge standards;
(six) to formulate and allocate the emission rights indicators of major pollutants;
(7) Open public data;
(8) Allocation of other resource elements and administrative actions. Article 10 Unless otherwise provided by laws and regulations, the purchaser of government procurement, the procurement institution and the tenderee of the project subject to tender according to law shall not commit the following acts:
(1) Restrict the ownership form, organizational form or shareholding structure of bidders and suppliers;
(two) set or set in disguise the industry access and qualification standards linked to the nature of the enterprise;
(3) Setting or disguised setting a performance threshold that obviously exceeds the project requirements;
(4) The qualification, technology, business technology and place of registration set are not suitable for the specific characteristics and actual needs of the procurement project and the bidding project or have nothing to do with the performance of the contract;
(five) beyond the pricing authority to set government prices or illegally interfere with the price level of goods and services subject to market-regulated prices;
(six) other acts that restrict or exclude private enterprises from participating in government procurement and bidding activities in violation of laws and administrative regulations.