民营经济促进法公布三个月 多地启动配套地方性法规立修工作

Core Viewpoint - The implementation of the Private Economy Promotion Law has prompted various provinces and regions in China to advance local legislative efforts to support private economic development, emphasizing fair competition and the protection of private enterprises' rights [1][2][10]. Group 1: Legislative Developments - Multiple provinces, including Jiangsu, Henan, Shandong, and Fujian, are actively drafting or revising local regulations to align with the Private Economy Promotion Law [1]. - The draft regulations from Jiangsu and Fujian were submitted for review on July 28, while Henan and Shandong have released drafts for public consultation [1]. - Zhuhai Special Economic Zone is revising its existing regulations from 2016 to enhance support for the private economy [1]. Group 2: Fair Competition Principles - Local regulations emphasize the principles of "equal treatment" and "fair competition," reiterating the importance of a unified market access negative list and fair competition review systems [2]. - The draft from Shandong includes specific provisions for fair competition, addressing areas such as equal access, government procurement, and anti-monopoly measures [2]. - The Fujian draft also mandates equal rights for private enterprises in accessing resources and financing, prohibiting discriminatory practices by financial institutions [3]. Group 3: Rights Protection Mechanisms - The drafts aim to enhance the implementation of rights protection mechanisms for private enterprises, particularly regarding accounts receivable [4]. - Shandong's draft specifies that state-owned enterprises must not impose non-cash payment methods on private enterprises, while Henan's draft sets a payment deadline of 30 days for government entities [4][5]. - The regulations also include provisions to protect small and medium-sized enterprises from unfair payment terms [5]. Group 4: Administrative and Legal Oversight - The law prohibits the misuse of administrative or criminal measures to interfere with economic disputes and establishes guidelines for cross-regional law enforcement [6][7]. - Local drafts detail the requirements for cross-regional enforcement, including prior written notice to local authorities and adherence to legal procedures [7]. - The Shandong draft outlines responsibilities for compensating damages caused by improper handling of seized assets [7]. Group 5: Legal Responsibilities and Supervision - Local regulations clarify legal responsibilities regarding illegal fees and fines imposed on private enterprises, with provisions for corrective actions and compensation for losses [8]. - Jiangsu's draft includes measures for enhancing oversight of local government actions related to private economic development [9]. - The ongoing legislative efforts across various provinces indicate a commitment to strengthening the legal framework supporting private enterprises [10].