I. Working objectives and working principles
The term "social intermediary institutions" as mentioned in this opinion refers to organizations that are established according to law, use specialized knowledge and skills, provide intermediary services to clients in accordance with certain business rules or procedures, and charge corresponding fees. Including: independent audit institutions; Assets, land, engineering and other assessment agencies; Engineering supervision organization; Legal, archival and other service institutions; Information, technology, engineering and other consulting institutions; Testing, inspection, notarization and certification institutions; Employment, talent, marriage and other intermediaries; Industrial and commercial registration, trademark, patent, taxation, real estate, bidding, private entry and exit institutions and other organizations as stipulated by laws, regulations and rules.
To strengthen the credit construction of social intermediary institutions and promote the standardized development of intermediary service industry, we must focus on the construction goal of "Credit Ningbo", deepen the reform of existing supervision methods, implement long-term supervision, crack down on the lack of credit, support legal and honest operation, continuously improve the overall credit of social intermediary institutions, especially all kinds of economic authentication intermediaries, and promote the sustained, rapid and healthy development of China's social economy. According to the working idea of combining guidance, support and standardized management, it is planned to spend two years to significantly improve the overall credibility of various social intermediary agencies, gradually improve the credit management system of intermediary agencies, realize the sharing of information resources among various regulatory departments, promote the rapid development of intermediary services, and standardize the market order of intermediary services.
Standardizing and developing intermediary service industry should follow the following four principles:
(A) system innovation and international practice. The reform of the management system of social intermediary institutions must break through the shackles of the original system and take the long-term goal of integrating with international practices. We must closely combine the reality of Ningbo, carry out necessary system innovation and promote the deepening of reform.
(2) Transition from direct management to indirect management. The competent government departments administer according to law, indirectly regulate and control by making plans, researching policies, strengthening supervision, releasing information, etc., and entrust some functions to intermediary organizations or industry associations for management.
(3) Combining cultivation, development and rectification. While vigorously developing intermediary organizations, we should also seriously deal with the problems of a few intermediary organizations operating illegally, practicing fraud, deceiving the public and harming society, and promote the healthy development of intermediary organizations operating according to law.
(4) Step by step implementation and steady progress. Intermediary organizations have a large span of industries and different degrees of market development, so they should be implemented step by step according to the actual situation of each industry and promoted steadily.
Second, the work measures
In accordance with the requirements of market economy, we should strengthen the credit construction of social intermediary organizations, and at the same time create conditions for the development of social intermediary service industry from policies, systems and mechanisms, and create greater development space for intermediary organizations.
(1) Actively create a good atmosphere for the healthy development of intermediaries and guide intermediaries to provide legal and honest services.
Standardizing the development of social intermediary institutions, establishing and perfecting the credit system and credit system of intermediary institutions is not only the objective requirement of socialist market economy, but also an important measure for our city to strive for innovative advantages systematically. All localities and departments should raise awareness, unify their thinking, strengthen leadership, firmly establish the concept of promoting development with credit, organize forces, take necessary measures, vigorously support the development of various social intermediary organizations, give full play to the role of intermediary organizations as bridges and ties, unremittingly promote the credit construction of intermediary organizations, and promote the healthy development of intermediary organizations. At the same time, we should attach importance to the supervision of the masses and the news media on the construction of the credit environment of intermediary institutions and actively create a good development atmosphere.
Actively advocate the concept of intermediary credit, guide intermediary institutions to strengthen credit management, strengthen civic moral education, professional moral education and legal education for employees of various intermediary institutions, improve their own quality, firmly establish self-discipline awareness, and form a moral trend and public opinion orientation of legal and honest service in the industry.
(2) Vigorously cultivate and develop intermediary service organizations and accelerate the construction of intermediary trade associations.
Improve the industrial structure of social intermediary service industry, reasonably determine the development goals and priorities of social intermediary service industry, pay attention to improving the grade of social intermediary service industry, realize the combination of service for production and service for life, and combine urban service system with rural service system to maximize the overall benefits. Fully mobilize the enthusiasm of all parties to set up social intermediary services, and actively introduce domestic and foreign intermediary agencies with strong strength and high credibility. Follow the principle of "who invests, who owns and who benefits", expand investment channels and develop social intermediary service industry.
It is necessary to speed up the construction of intermediary trade associations. Intermediaries should join or set up intermediary trade associations, which should formulate self-discipline norms and disciplinary rules, do a good job in self-discipline management and supervision, give full play to the role of industry self-discipline, keep abreast of the practice and illegal behaviors of intermediaries and their employees, promptly inform the administrative department of the rewards and punishments of intermediaries and their employees within the association, and keep a good credit record of intermediaries and their employees.
(three) to strengthen the supervision of social intermediary institutions according to law, standardize and rectify the order of the intermediary market.
Severely crack down on illegal intermediary behavior and purify the intermediary market. All functional departments should conscientiously implement the Measures for the Administration of Social Intermediaries in Zhejiang Province, give full play to their respective regulatory functions, severely investigate and deal with illegal intermediary activities, and focus on investigating and dealing with false certification materials such as false capital verification, auditing, evaluation reports, certification, buying and selling certificates, publishing false information, contract fraud, collusion fraud and other dishonest acts and illegal acts. Units and individuals engaged in intermediary activities without a license shall be banned according to law.
Reorganize and register social intermediary organizations and standardize their organizational forms. All relevant functional departments should clean up the registered social intermediary institutions, and the social intermediary institutions that should be included in the registration of industry and commerce and associations as stipulated by laws, regulations and rules should be registered for industry and commerce and associations within a time limit on the basis of cleaning up and rectification. Where laws and regulations have special provisions on the establishment of intermediary institutions, such provisions shall prevail. At the same time, it should be a partnership or limited liability company that conforms to the company law and system norms.
(4) Strengthen the administrative guidance system and guide the development of intermediary institutions.
1. Establish a market access system for social intermediaries. The establishment of social intermediary institutions shall be registered according to law, and unregistered social intermediary institutions shall not engage in profit-making intermediary activities. If laws and administrative regulations stipulate that the establishment of social intermediary institutions must be submitted for examination and approval, the examination and approval procedures must be handled according to law before industrial and commercial registration. All functional departments shall, in accordance with the provisions of laws and regulations, strictly examine the conditions for the establishment of social intermediary institutions, strictly identify the professional qualifications of social intermediary institutions, strictly examine the qualifications of employees of social intermediary institutions, and ensure the administrative examination and approval of social intermediary institutions.
2. Establish the withdrawal mechanism of social intermediary institutions. Give full play to the self-discipline and supervision role of social intermediary organizations and trade associations. Industry associations give credit ratings to social intermediaries according to industry self-discipline rules and credit records of social intermediaries, implement a qualification upgrading system, and cancel their business qualifications for social intermediaries that violate laws and regulations seriously.
3. Establish a qualification management system for employees of social intermediary institutions. All functional departments shall, in accordance with the provisions of laws, regulations and rules, implement the qualification management system for employees of social intermediary institutions and improve the qualification assessment system for intermediary practice. Intermediary practitioners who have not obtained the qualification shall not practice. For employees of social intermediary institutions who intentionally issue false reports and supporting materials, whose professional qualifications are revoked due to violation of the law, and who are investigated for criminal responsibility according to law, a market ban system is implemented.
4. Establish a long-term supervision system for social intermediaries. It is necessary to actively explore the establishment of new management modes such as dynamic supervision, adopt various effective supervision methods, comprehensively use various means, give priority to education supervision and guidance, supplemented by necessary punishment means, and take a multi-pronged approach to treat both the symptoms and the root causes. Effective measures should be taken to support the development of intermediary institutions with good credit and enhance their competitiveness; It is important to educate the intermediary agencies that are generally lacking in credit, so that they can realize the harm of "dishonesty" and the importance of "honesty", take a warning and guide their honest service; Intermediaries that seriously violate the law and damage Ningbo's reputation should be dealt with severely according to law until they are investigated for criminal responsibility.
(five) establish and improve the credit files of intermediary institutions, and improve the credit record, warning and publicity system.
1. Establish the credit records of intermediary practitioners and their practice. Intermediary credit includes excellent business behavior and bad illegal behavior. All functional departments should take the qualification of intermediary practitioners, practice records and complaints as the main contents, and establish credit files. All functional departments should take the initiative to strengthen contact and communication, and provide credit information and other relevant information of intermediaries supervised by their own departments without reservation.
2. Establish an intermediary credit early warning system. All functional departments should formulate corresponding warning and punishment methods and mechanisms according to the credit status of social intermediaries, educate, warn and punish social intermediaries and employees with bad credit, strengthen the supervision and management of social intermediaries' dishonesty, and set up a credit warning window for social intermediaries based on Ningbo Enterprise Credit Information Network to warn and prevent social intermediaries' dishonesty, illegal behavior, or behavior that may cause harm to the country, society and consumers.
3. Establish an intermediary credit publicity system. According to the requirements of "Relevant Provisions on the Management of Credit Information of Intermediaries in Ningbo", the credit information of intermediaries should be published on the credit information website of enterprises in Ningbo in time.
(six) to speed up the construction of information technology and build an intermediary credit information platform.
1. Establish and improve the credit information database of intermediaries. Intermediary credit information database includes information provided by relevant functional departments such as intermediary name, business address, industry classification, business service scope, registered capital, mode and amount of shareholder's contribution, employees, legal representative (person in charge), contact telephone number, e-mail, website, establishment of branches, certification, credit standing, tax payment, employment, qualification, intellectual property rights, comprehensive supervision, etc. All functional departments should strengthen mutual contact, speed up the informatization construction of their own departments, collect the credit information of intermediaries through electronic exchange, gradually enrich and update the credit information database of intermediaries in time, and realize data sharing.
2. Accelerate the informatization construction, and provide a network technology platform and data resource platform for the credit information construction of intermediary institutions. All functional departments, especially the industrial and commercial departments, should speed up software development, improve the development of management software as soon as possible, actively develop and open the Ningbo enterprise credit information network to the whole society as soon as possible.
Third, the job requirements
(a) to raise awareness, in order to achieve practical results. The credit construction work of social intermediary institutions is systematic and involves a wide range. All functional departments should further unify their thinking and improve their understanding of the importance of building a "credit Ningbo". At the same time, it is necessary to formulate a practical work plan in light of their respective realities, and do not engage in formality or go through the motions to achieve practical results.
(2) Strengthen leadership and improve management network. First, improve the management network of intermediaries with unified leadership of the government, legal supervision of various functional departments and self-discipline management of trade associations as the central content, and increase the management of intermediaries and their employees from multiple levels. The second is to improve the credit information management of intermediaries and study and formulate the Measures for the Management of Credit Information of Intermediaries in Ningbo. Establish an intermediary credit data module in the enterprise credit information database. The third is to establish a daily work coordination mechanism, hold regular or irregular working meetings of functional departments of intermediary institutions, summarize the development of phased work, and solve new situations and problems in the implementation process.
(3) Grasp the * * * pipelines together to form a resultant force. First, the competent departments of the industry and other functional departments of the intermediary institutions should achieve the "four implementations" of personnel, institutions, responsibilities and plans, that is, to determine that one leader is in charge of the credit construction of the intermediary institutions, one department is responsible for the specific implementation, and one person undertakes the daily affairs, which is a feasible implementation plan. Second, all functional departments should provide the credit information of intermediaries and their employees in a timely manner according to the Measures for the Administration of Credit Information of Intermediaries.
Administrative department for industry and commerce: responsible for industrial and commercial registration and supervision of intermediary institutions.
Finance department: responsible for the supervision and management of accounting firms, asset appraisal and other institutions.
Tax department: responsible for the supervision and management of tax agencies and other institutions.
Judicial department: responsible for the supervision and management of law firms, grass-roots legal service institutions and notarization institutions.
Construction department: responsible for the supervision and management of real estate, engineering supervision, engineering consulting, bidding and other institutions.
Quality and technical supervision department: responsible for the supervision and management of product quality inspection, measurement service, certification, certification training, certification consulting and other institutions.
Science and technology department: responsible for the supervision and management of institutions such as technology product trading, technology contract confirmation and registration, technology information consultation, patent agency, technology shareholding confirmation and intellectual property legal services.
Civil affairs department: responsible for the supervision and management of non-governmental organizations, matchmaking services and other institutions.
Labor and social security department: responsible for the supervision and management of employment agencies.
Education department: responsible for the supervision and management of intermediary service agencies for studying abroad.
Personnel department: responsible for the supervision and management of talent agencies.
Ministry of Land and Resources: responsible for the supervision and management of land appraisal institutions.
Public security department: responsible for the supervision and management of private entry and exit institutions.
Trade department: responsible for the supervision and management of auction, pawn and other institutions.
Entry-exit inspection and quarantine department: responsible for the supervision and management of inspection and quarantine, appraisal and certification, inspection and quarantine inspection institutions and other intermediary institutions.
Audit Department: responsible for supervising and inspecting the audit service quality of independent audit institutions.
Other relevant functional departments shall do a good job in the management of social intermediary institutions in accordance with the responsibilities stipulated by laws, regulations and rules.
(4) clean up and rectify the norms. All localities and relevant departments shall, in accordance with the requirements of the Notice on Comprehensively Carrying out the Clean-up and Rectification of Social Intermediaries (No.37/2002/KLOC-0), carry out the Clean-up and Rectification of Social Intermediaries throughout the city. All kinds of unlicensed intermediary activities and illegal intermediary activities should be cleaned up and rectified, and announced to the public through certain forms. At the same time, the typical cases and major cases seized in the clean-up and rectification should be publicly exposed, and the business licenses of illegal intermediaries with serious circumstances should be resolutely revoked according to law. The rectification work should be completed before the end of 2002 10. On this basis, we will give guidance and support to social intermediary institutions with good business conditions, high business reputation, law-abiding and qualified conditions, and promote their healthy development.