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　　Chapter IV Regulation and Law Enforcement

　　Article 51 The government and its relevant departments shall perform their regulatory and supervisory duties in accordance with the law, innovate regulatory and supervisory methods, adhere to fair, equitable, credit-based and comprehensive regulation, and enforce law in a strict, regulated, impartial and civilized manner.

　　Article 52 The lists of powers compiled by the relevant government departments shall specify the regulatory enforcement matters, basis, regulators, limits of authority, contents, methods, procedures and punishment measures in law enforcement.

　　Article 53 The municipality shall implement a credit-based regulation by category system. Relevant government departments of the municipality shall, on the basis of the assessment results on the public credit information platform, formulate industry- or field-specific regulatory standards by categories of credit. Market participants with good credit and low risks shall be subject to less frequent inspections over fewer matters, while those with bad credit and high risks shall be subject to more frequent inspections over more matters.

　　An integrated and comprehensive supervision system will be established on a basis of a "risk + credit" system, with a focus on "classification + coordination" and an essential driving forceof "science and technology + joint management".

　　Article 54 The municipal economy and information technology department shall establish and improve a credit repair system, under which market participants with poor credit record may carry out credit repair by making credit commitments, completing credit rectifications, passing credit verification, receiving special training, submitting credit reports, participating in public interest or charity activities, etc. For market participants that have completed credit repair, relevant government departments shall promptly stop publicizing their poor credit information.

　　Article 55 In accordance with the principles of encouraging innovation and development and ensuring quality and safety, relevant government departments shall, in light of the nature and characteristics of new technologies, new industries, new business forms and new models, formulate provisional or transitional regulatory rules and measures, exercise inclusive and prudent regulation and guide businesses to develop in a healthy and well-regulated way.

　　Article 56 In industries and fields other than those directly related to national security, public safety and people's life and health, the municipality shall carry out supervision featuring random selection of targets and inspectors, and timely release of inspection results (known as "double random and timely release").

　　The relevant government departments shall determine the scope of "double random and timely release" for each industry or field, and improve the random inspection system and relevant detailed rules to ensure fair regulation.

　　Article 57 The municipality shall improve the reporting and complaint system for violations of laws and regulations, and maintain open channels for public supervision. Relevant government departments shall promptly investigate into and deal with any complaints received.

　　The municipality shall promote the establishment of a whistleblower system in specific industries and fields, encourage insiders to report market participants suspected of serious violation of laws and regulations or having major hidden risks, and improve the pertinence and effectiveness of regulatory enforcement. Once verified, the relevant government department shall increase the reward for the whistleblowers and give strict protection to them.

　　Article 58 Relevant government departments shall formulate their annual law-enforcement inspection plans and publish them before the end of March each year.

　　The annual law-enforcement inspection plan shall include the inspectors, the scope of targets, inspection methods, inspection items and inspection proportion.

　　Article 59 The municipality shall implement an administrative checklist system for on-site inspections. Relevant government departments shall, in accordance with the law, formulate administrative checklists for their respective industries and fields, specifying the inspection contents, methods and standards.

　　Relevant government departments shall conduct on-site inspections according to the administrative checklists, and may not change the inspection contents, methods, standards, etc. without authorization, and shall not require inspection targets to prepare written reports or require the person in charge to accompany them so as to reduce the impact on market participants.

　　Article 60 In the case where different regulators need to conduct multiple inspections on the same target at a specific location or within a specific period of time, a joint inspection should be adopted, which is organized by the lead department and participated by multiple departments to ensure that all the inspections on the same target are done in one joint inspection.

　　Article 61 The municipality shall implement integrated law enforcement by reducing the number of law enforcers and tiers of law enforcement. Integrated law enforcement teams shall be established in the fields of agriculture and rural affairs, culture and tourism, ecological and environmental protection, transportation, and market regulation. Law enforcement forces shall be integrated at the sub-district and township levels, and the power of administrative penalty shall be exercised in a relatively concentrated way in accordance with relevant laws and regulations.

　　Article 62 Relevant government departments shall establish and improve a benchmark system for administrative penalties in their respective industries and fields, based on such factors as the facts, nature, circumstances of the violations, the degree of social harm, the elimination of harmful consequences, and the subjective faults of the offenders; and specify, in accordance with the law, the circumstances under which the administrative penalty may be lightened, mitigated or exempted. Relevant municipal and district government departments, sub-district offices, and people's governments at the township level shall strictly follow the benchmark in exercising discretion, and shall not arbitrarily go beyond the discretion benchmark and impose administrative penalties.

　　Article 63 Relevant municipal government departments shall divide into two categories market participants' illegal acts subject to administrative penalties under their respective regulations: general illegal acts and severe illegal acts, depending on severity of the consequences, and formulate accordingly and publish catalogues and the time period for the public display of received penalties.

　　For general illegal acts, the time period for the public display of received administrative penalties is no less than three months and no more than one year; for serious illegal acts, the time period is no less than one year and no more than three years. The penalties shall not be publicized any longer than the time period, except in cases where administrative penalty decisions are not implemented. If a market participant finds administrative penalty information that should not be published, it shall have the right to request rectification by the party who publicized the information.

　　Relevant government departments may, upon request by the market participant, shorten the time period by three to twelve months depending on the specific situation, provided that the market participant fulfills the requirements of the administrative penalty decision within the prescribed time period and acts proactively to eliminate or mitigate the damaging effect of the illegal act.

　　Chapter V Legal Safeguard

　　Article 64 A fair competition review shall be conducted when the government and relevant departments formulate policy measures closely related to the production and operation of market participants, such as policy measures on market access, industrial development, investment attraction, bidding and tendering, government procurement, business conduct standards, and qualification standards.

　　If a market participant believes that a policy measure undermines fair competition, it shall have the right to report to the market regulator. The market regulator shall address the matter in a timely manner and provide feedback.

　　Article 65 When formulating policy measures that are closely related to the production and operation of market participants, the government and relevant departments shall fully listen to the opinions of market participants, industrial associations and chambers of commerce, solicit public opinions through newspapers and the Internet except in circumstances where confidentiality is required by law, and establish and improve a feedback mechanism on the adoption of opinions. The period for soliciting public opinions is generally no less than thirty (30) days.

　　Article 66 When formulating policy measures that are closely related to the production and operation of market participants, the government and relevant departments shall allow for an adaption period of no less than thirty (30) days for market participants, except in cases where national security is involved or failure to implement forthwith upon promulgation will hinder implementation.

　　Article 67 Relevant government departments shall promptly bring relevant administrative normative documents into compliance with the formulation, amendment or repeal of higher-level laws and regulations and in line with the requirements of comprehensively deepening reforms, fully promoting law-based governance, and economic and social development. The results of the updates shall be made public.

　　Article 68 When formulating policy measures that are closely related to the production and operation of market participants, the government and relevant departments shall conduct legality review.

　　If a market participant considers the government rules or administrative normative documents of the municipal people's government as in conflict with laws or regulations, it may submit a written application for review to the standing committee of the municipal people's congress. If a market participant considers the normative administrative documents of a municipal people's government department or a district people's government as in conflict with laws or regulations, it may submit a written application for review to the municipal people's government or the standing committee of the district people's congress. If a market participant considers the normative administrative documents of a district people's government department or a township people's government as in conflict with laws or regulations, it may submit a written application for review to the district people's government. The relevant organs shall handle the applications in accordance with the prescribed procedures.

　　Article 69 The municipality shall support the development of Beijing-based commercial arbitration and mediation institutions and their participation in the one-stop international commercial dispute resolution platform.

　　It shall encourage market participants to choose Beijing-based commercial arbitration or mediation institutions to settle disputes.

　　Article 70 The relevant departments shall improve the industry management systems such as judicial appraisal, asset evaluation, auditing and price review, and urge relevant institutions to optimize work processes, reduce work time limits, improve work quality, and assist relevant parties to ascertain facts.

　　The municipal higher people's court shall establish and improve the rules and standards for the selection, evaluation and assessment of institutions engaged to do judicial appraisal, asset assessment, auditing and price review, etc., publicize them to the public, and regularly notify relevant departments of the results of the assessment of such institutions.

　　Article 71 The people's courts shall take the following measures in accordance with the law to improve the efficiency and quality of hearing intellectual property (IP) cases:

　　(1) Promoting the mechanism of separating complicated cases from simple ones and the latter going to speedy trial;

　　(2) Expanding the scope of cases heard with sole-judge proceedings pursuant to the law;

　　(3) Appointing technical investigators to participate in IP litigations that require technical expertise.

　　Article 72 The relevant government departments shall establish a mechanism for coordination with people's courts on business insolvency, support the businesses that meet the bankruptcy conditions in conducting liquidation or reorganization, and help them address issues such as credit repair, business de-registration, and social stability preservation.

　　Article 73 The people's courts shall explore to establish bankruptcy rescue mechanisms such as reorganization recognition and pre-reorganization, improve the mechanism of separating complicated insolvency cases from simple ones for different trial procedures, and improve the efficiency of processing bankruptcy cases.

　　Article 74 The municipal higher people's court shall establish a joint property disposition mechanism for bankruptcy cases with the relevant municipal government departments of planning and natural resources, public security and traffic management, etc., unify the rules for the disposition of bankrupt enterprises' land, real estate, vehicles, etc., and improve the efficiency of property disposition in bankruptcy.

　　Article 75 The human resources and social security department shall step up efforts to protect the lawful rights and interests of employees of bankrupt enterprises, and coordinate efforts to resolve such matters as the transfer of employees' social security relations, decoupling management of retirees from their former employers, and the transfer of archives.

　　Article 76 Revenue from debt restructuring obtained by enterprises through reorganization shall be subject to the relevant corporate income tax policies in accordance with the relevant state regulations. The tax department shall, in accordance with the law, grant reduction or exemption of real estate tax and urban land use tax to bankrupt enterprises.

　　During the reorganization period of a bankrupt enterprise, the tax department shall, automatically or at the request of a bankruptcy administrator, terminate the abnormal account status of the bankrupt enterprise.

　　Article 77 A bankruptcy administrator shall have the right to inquire about the registration documents of the bankrupt enterprise, payment of social insurance fees, bank account opening information and deposit status, as well as real estate, vehicles, intellectual property, etc. Relevant government departments and financial institutions shall cooperate.

　　Article 78 The people's courts shall improve the mechanism for protecting the rights and interests of creditors in insolvency cases, and guarantee the decision-making power of the creditors' meeting over the distribution and disposition of a bankrupt enterprise's assets, and protect creditors' rights to know, participate and supervise.

　　Article 79 The municipal higher people's court, together with the municipal public security department and other relevant government departments, shall establish a tracing mechanism for persons subject to enforcement and their vehicles. If a people's court needs to locate a person subject to enforcement or his/her legal representative, principal person in charge, directly responsible person who may affect the service of the debt or actual controller, or the vehicle(s) of the person subject to enforcement, it may request assistance from the public security department, which shall cooperate.

　　Article 80 The association of bankruptcy administrators shall strengthen the industry's self-regulation, intensify the training of bankruptcy administrators, and improve their ability to perform duties.

　　Article 81 The government, relevant departments or their staffs who fail to perform their duties according to this Regulation or infringe upon the lawful rights and interests of businesses, shall be held legally accountable according to the law.

　　Chapter VI Supplemental Provisions

　　Article 82 The government and relevant departments may, in accordance with this Regulation, formulate measures or detailed rules for implementation.

　　Article 83 The Regulation shall come into force as of April 28, 2020.