· Background of the regulatory clean-up work
While actively developing legal work, the timely revision and abolition of legal systems that are no longer suited to the needs of management work is of great significance to comprehensively advancing industrial and information-based administration according to law and building a government under the rule of law. Legislation is the foundation and the system is the guarantee. At the beginning of the establishment of the Ministry of Industry and Information Technology, the demand for legal system construction was very urgent. The National Conference on Industry and Information Technology in 2009 clearly stated that it is necessary to insist on administration by law and improve the legal system of industry, communications, and informatization. Strengthening and improving the construction of related institutions and standardizing the operation of administrative powers will help ensure that the Ministry of Industry and Information Technology can administer the law from the source.
The timely revision and repeal of regulations is also the implementation of the State Council’s specific measures for the timely implementation of regulatory clean-up requirements. The "Law of Legislation", the "Regulations for the Establishment of Regulations" and the State Council's "Comprehensive Promotion of the Outline for the Implementation of Administration by Law" all set requirements for the clearing of laws and regulations. In March 2007, the General Office of the State Council also issued a notice specifically requiring all departments to systematically clear the regulations issued by the department. In accordance with the unified deployment of the State Council, the Ministry has carried out a series of regulatory clean-up activities in accordance with the unified arrangements of the State Council and the industry. The regulations have been revised and repealed in a timely manner, and the State Council has implemented the requirements for the cleanup of laws and regulations.
The timely revision and repeal of regulations will help implement the scientific concept of development, promote the integration of informatization and industrialization, and take a new road to industrialization. The development of industry, communication industry, and informatization needs a sound institutional guarantee. At present, the development of information and communication technologies and services such as third-generation mobile communications is changing with each passing day, the market competition pattern is constantly adjusted, and the application of information technology is increasingly deepening. With the passage of time, some regulations have been unable to adapt to the requirements of economic and social development and to take a new road to industrialization. Some articles even have problems that conflict with the superior laws. The timely clean-up of provisions that do not meet the needs of social development and contradictory to the superior law will help provide a good legal environment for industry management and industrial development.
· Principles of clean-up of this regulation
To carry out this regulatory clean-up work is an important measure to accelerate the construction of a government under the rule of law and comprehensively promote administration according to law, and is an objective requirement for implementing the scientific development concept and accelerating the path of new industrialization. The following principles are mainly adhered to in related work:
The first is to maintain the unity of the legal system. If the regulations are to be adhered to the organic combination of establishment, reform, and waste, which are inconsistent with the superior law or are incompatible with the needs of the development and management of the industry, they shall be amended and put forward a feasible system in accordance with the law; if they lag behind the current management status and actually fail, they should be synchronized. It is good to abolish work.
The second is to facilitate the people. Implement the requirements of "people-oriented, governing for the people" and actively promote the transformation of government functions. In the process of clean-up, our department has adjusted the relevant systems involved in the regulations from the perspective of “convenience for the people†and “to benefit the peopleâ€. For example, in the administrative licensing system, the Ministry revised and improved the provisions on administrative licensing, further cleaned up, canceled, and adjusted some of the administrative licensing items; in terms of licensing procedures, it determined that commissioned provincial management agencies to undertake certain administrative licensing matters. Acceptance and preliminary review of the system; in the permit conditions and the submission of application materials, simplifies the application of some administrative licensing requirements.
The third is to strengthen supervision. Strengthen the supervision and control over administrative behaviors throughout the cleanup and revision of the regulations. Among the relevant regulations, the procedures for accepting and approving various administrative licenses are strictly stipulated, and it is expressly forbidden that administrative license enforcement agencies obstruct the normal production and business activities of licensees, obtain or accept property, and seek benefits, and establish records of supervision and inspection, filing, and inspection. Such as the system, and clearly implement the administrative license in the process of abuse of power, negligence, malpractice and abuse of responsibility, and strive to build the rule of law government, service government, responsible government and efficiency government.
· The main process of the regulatory clean-up work
The legal clean-up work of our Ministry was carried out on the basis of the original cleanup work of the Ministry of Information Industry. After the establishment of the Ministry of Industry and Information Technology in July 2008, the Ministry of Commerce re-launched the revision work in response to the 8 regulations that need to be revised, including the Measures for the Administration of Telecommunications Business Operation Licenses and the Administrative Measures for Electronic Authentication Services.
During the process of clearing and revising the regulations, the Ministry adhered to the “opening door legislation†method of revision. Through letters, visits, forums, and other forms, it repeatedly solicited the relevant departments of the State Council, the communications administrations of the provinces (autonomous regions and municipalities), and the information industry authorities. And related companies' opinions and suggestions. At the same time, a special case study has been conducted on issues such as the annual inspection system of administrative licensing matters involved in the revision of regulations. The relevant departments within the ministry repeatedly communicated major revision opinions and revised the relevant draft regulations several times. In October 2008, the Ministry of Finance held a special meeting to listen to reports on the clean-up of regulations, reviewed issues such as annual inspection requirements, software registration and filing procedures, and further accelerated the pace of revision work.
Based on repeated research, demonstration and revision, a revised draft of the relevant regulations was formed in November 2008 and submitted to the ministerial meeting for consideration. On February 4, 2009, the 6th Ministerial Meeting of the Ministry of Industry and Information Technology reviewed and passed the draft revision of 8 regulations, including the Measures for the Administration of Electronic Authentication Services and the Implementation Measures for the Administrative License of the Ministry of Industry and Information Technology. After the draft revisions of the eight regulations were further revised and improved, Li Yizhong’s minister signed the directive. In addition to the revision of the above-mentioned regulations, the Ministry of Industry needed to abolish the “Regulations on Compensation for Damaged Communication Lines†and other eight regulations lagging behind in management work.
· Main revisions and innovations of this regulation
The revised content of the above-mentioned regulations involves more than 320 articles, including many important system adjustments and innovations. There are:
- Further standardize the implementation of administrative licenses. Combined with the "Administrative Licensing Law" to implement more than four years of practical experience, to further standardize the implementation of our Ministry of administrative licensing activities to ensure that administrative power and responsibilities are closely linked, and the interests of the executive authorities completely delinked. First, the general provisions that govern the implementation of administrative licenses are set up in the “Measures for the Implementation of Administrative Licensing of the Ministry of Industry and Information Technologyâ€, such as supervisory inspections, cancellation permits, and legal responsibilities, which are generally applicable to ministries and agencies, communications bureaus, and me. The department commissioned the implementation of administrative licensing units. The second is to further improve the administrative licensing process. In the electronic certification service license, seismic performance testing of telecommunications equipment, telecommunications business licenses, the establishment of satellite communications network and the establishment of the use of earth stations, tax-controlled cash register manufacturing company qualifications, and other relevant administrative licensing projects that our department is responsible for implementation of conditions and In the procedures and other regulations, the relevant time limits, conditions and procedures for licensing have been improved in accordance with the law. The third is to standardize the supervision and management behavior. While granting the right to supervise and inspect the implementation of administrative licenses, it also clearly stipulates the prohibition of inspection records, filing and inspection systems, and supervision and inspection; in cases where supervision and management are conducted through annual inspections, etc., it is expressly forbidden to collect fees and prevent them from being converted into “II. Secondary licenses." The fourth is to regulate the setting of legal liability. We strictly restricted the cancellation and cancellation of administrative licenses in accordance with the law, and stipulated the responsibility for illegally implementing administrative licenses.
—— Further changes in the way of administration. We will continue to organically combine the promotion of administration by law with the transformation of government functions. The first is to cancel four administrative departments that have been cancelled by the State Council, such as the “Authentication of Communication and Electronic Measurement Instrumentsâ€, “Establishment and Authorization of Communication Electronic Quality Inspection Institutionsâ€, “Interruption of Interrupted Communication Interconnectionsâ€, and “Overview of Overseas Listing of Domestic Telecom Companiesâ€. Licensing projects include the adjustment of three administrative licensing items including the “issuance of seismic certification for telecommunication equipment testingâ€, “approval of telecommunications business licenses†and “issuance of basic telecommunications services and cross-regional value-added telecommunications licensesâ€, etc. "Management Measures for Performance Testing" and "Administrative Measures for Telecommunications Business Licenses". The second is to adjust the management of software products. The registration of software products is no longer subject to administrative licensing and is only a condition for enjoying the relevant preferential policies. Thirdly, the application for the telecommunications business license belongs to the application for operating the radio communication service. The provision for the submission of pre-assigned opinions on radio frequency resources has been cancelled; if the radio management organization needs to provide opinions from the perspective of frequency management, opinions shall be sought directly according to internal working procedures. . The fourth is to simplify the management process and facilitate the enterprise. The regulations on the submission of feasibility studies for the approval of the telecommunications business licenses and the establishment of foreign-invested telecommunications companies have been revised, and relevant market prospects, investment analysis, economic benefits analysis, etc. have been deleted.
- Further rationalize management responsibilities. Reasonably divide and regulate all management responsibilities according to law. The first is to further clarify the department's and provincial's software product registration and filing procedures. The software product registration agency entrusted by the provincial software industry authority is responsible for the acceptance and review of registration applications; if the materials are complete, it is sent to the competent software industry authority to report the industry and information. If the Ministry of Industry and Information Technology has publicly stated that there is no objection, the provincial software industry authority shall issue the registration number and registration certificate. The second is based on the actual needs of the work, commissioned by the provincial radio management agencies to set up a part of the earth station with foreign communications, etc. to conduct a preliminary review, and standardize the approval process. Thirdly, in the testing and management of seismic performance of telecommunication equipment, for telecommunication equipment that does not implement the network licensing system, the requirements for submitting product quality certification reports have been removed, and the partial adoption of voluntary product certification for telecommunication equipment has become mandatory product certification. .
- Further improved the management system. Considering that the development of the market in our country is still not perfect, the management methods in the fields of communication and informationization are relatively limited, and some necessary management systems have been set up in the revision of the regulations. The first is the “Specification of Business Conduct Regulations†in the “Measures for the Management of Telecommunications Business Operation Licenses,†adjusting the competition and cooperation of telecommunications companies, and defining the obligations, violation records, and market monitoring systems of website access service providers. Etc.; improve the exit mechanism of the telecommunications market, and clearly stipulate the conditions for withdrawal from the market and approval procedures. The second is to strengthen the supervision over the safety production of communication construction companies, and to increase the requirements for safety production management personnel in the licensing conditions for the certification of communication information network system integration companies and communication user pipeline construction companies. The third is the reporting system for electronic authentication service agencies that stipulates major system accidents, property losses, lawsuits, and personnel changes.
- Further standardize administrative penalties. First, according to the "Administrative Licensing Law" and the "Administrative Punishment Law," it has clarified the administrative licenses for concealment or provision of false materials for the application of telecommunication equipment for seismic performance testing certification, telecommunications business licenses, and tax cash register manufacturing enterprise qualifications. Penalty Measures; The “Public Taxation Machine Manufacturing Enterprise Qualifications Management Measures†concerning the cancellation of the penalties for production enterprise qualifications was amended to provide warnings and fines according to law. Secondly, according to the needs of supervision and management, a corresponding increase in the acquisition of seismic performance testing certificate is free to change the structural design of telecommunications equipment, the transfer of tax control cash register production enterprise qualifications, electronic certification service agencies do not report major changes in the situation, basic telecommunications companies Without prior notice and full listening to opinions, the punishment measures such as the adjustment of cooperation agreements with value-added telecommunications companies and other illegal activities shall be taken.
· The focus of the next legislative work
In the next step, our ministry will closely focus on advancing the integration of information technology and industrialization and taking the road of new industrialization. It will actively carry out various legislative activities and focus on the following tasks: First, to adapt to the needs of a new industrialization road and actively carry out industrial legislation. The Ministry will combine the needs of ship production management under the new situation, further improve the Draft Regulations on Ship Production Management, and explore ways for the legalization of industrial management. To further promote the integration of informatization and industrialization, the Ministry will organize the drafting of the “Information Technology Application Promotion Regulations†and the “Software and Integrated Circuit Industry Development Regulationsâ€, and form a relatively complete draft of laws during the year. The second is to insist on people-oriented, improve the management system, and strengthen market supervision. To promote competition in the telecom market and promote the development of the telecommunications industry, our ministry will focus on promoting the "Telecommunications Law" to the National People's Congress for consideration as soon as possible; adapting to the needs of new technologies, new business development, and promoting business integration; and cooperating with relevant departments to promote "Mobile Phone Media Service Management Regulations." In order to adapt to the needs of radio management work in the new situation, improve the effective use of radio frequency resources, and strengthen the regulation and management of radio use behavior, the Ministry will focus on promoting the revision of the Radio Regulations and strive to cooperate within the year. The Legislative Affairs Office submitted it to the Legislative Affairs Office of the State Council for deliberation. The third is to safeguard national security and public interests and constantly improve the public management system. In order to establish a scientific information security management system and improve the network and information security management system step by step, our department will step up and improve the "Regulations on Information Security Management (draft)". In order to curb the repeated destruction of telecommunication facilities, protect the safety of public infrastructure, and safeguard telecommunications users' communications rights, we will organize the drafting of the “Telecommunication Facilities Protection Regulations.†Fourth, actively promote the transformation of management functions and management innovation. Starting from the needs of the “majority system†management work, speed up the department’s regulations and laws, timely carry out the establishment, reform, and elimination of departmental rules, and further improve the industry, communications, and information technology laws. system.
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