This translation was completed by Jamie Horsley of the Yale Law School at Paul Tsai China Center. 来源： http://www.ndrc.gov.cn/zcfb/zcfbtz/201707/t20170703_853853.html
Notice on Issuing the Guiding Opinions on Promoting Development of the Sharing Economy
Doc. Fagai gaoji  No. 1245
To the people’s governments of the provinces, autonomous regions and municipalities directly under the central government, the ministries, commissions and directly subordinate institutions under the State Council, and centrally managed enterprises:
Vigorously developing the sharing economy is conducive to improving the efficiency of resource utilization and the quality of economic development, is conducive to stimulating innovation and entrepreneurial vitality and expanding the employment space, and is of great significance to promoting the supply side structural reform and in-depth implementation of the innovation-driven development strategy, to promote mass entrepreneurship and innovation, to cultivate new economic development momentum and to transform and enhance the traditional momentum. In order to further create a fair and standardized market environment, to promote better and faster development of the sharing economy, and give full play to the role of the sharing economy as a new force in economic and social development, we researched and drew up Guiding Opinions on Promoting Development of the Sharing Economy, which are now issued to you with approval of the State Council is for your serious implementation.
The National Development and Reform Commission
Cyberspace Administration of China
Ministry of Industry and Information Technology
Ministry of Human Resources and Social Security
State Taxation Administration
State Administration of Industry and Commerce
General Administration of Quality Supervision, Inspection and Quarantine
State Statistical Bureau
July 3, 2017
Guiding Opinions on Promoting Development of the Shared Economy
The shared economy is an emerging new format and new model under the new global round of technological revolution and industrial change, and it is an accelerating driver of innovation in the ownership of assets, organizational forms, employment models and consumption methods. Promoting development of the sharing economy will effectively improve the efficiency of the use of social resources, facilitate the people's livelihood, and have great significance for promoting supply side structural reform, implementing the innovation-driven development strategy, further advancing mass entrepreneurship and innovation, and cultivating new economic development momentum. In recent years, our country’s shared economy innovation and entrepreneurship has been dynamic, with rapid development and use of "Internet Plus," creating many new formats, resolving excess capacity, driving much employment and demonstrating great development vitality and potential. It has already become an important starting point and "new force" for China’s economic and social development to promote mass entrepreneurship and innovation to a broader and deeper degree of development. However, the development of the shared economy also faces many problems and challenges, including different understandings, unsuitable systems and unsound protections. The following Guiding Opinions are provided in order to strengthen the guidance of expectations, optimize the development environment and promote the development of the sharing economy in accordance with the overall requirements of deepening the reforms of streamlining administration, improving regulation and optimizing services.
1. The shared economy at this stage is a new type of economic format that is primarily manifested in the use of network information technology through Internet platforms to optimize the allocation of dispersed resources in order to improve their efficient use.
2. The shared economy emphasizes advanced concepts of the relative separation of ownership and the right of use and advocates shared use, intensive development and flexible innovation; it emphasizes the elastic matching of supply and demand, and achieving dynamic and timely, accurate and efficient matching of supply and demand; and it emphasizes the deep integration of consumption use and production services, and formation of a development model in which everyone participates and everyone benefits.
3. To promote better and faster development of the shared economy requires adherence to supply side structural reform as the main line, satisfying economic development needs as the goal, supporting innovation and entrepreneurship as the core, and satisfying consumer demand and consumer desires as the orientation, deepening promotion of the reform of streamlining administration, improving regulation and optimizing services and, in accordance with the principle of “encouraging innovation, tolerance and prudence,” paying equal attention to development and regulation, and actively exploring and promoting, strengthening guidance by classification, innovating regulatory models, promoting collaborative governance, improving laws and regulations, maintaining fair competition, strengthening development safeguards, giving full play to local and departmental enthusiasm and initiative, and supporting and guiding all kinds of market players to actively explore new forms and models of the shared economy.
4. Reasonably define attributes of different industrial sectors of the shared economy, and refine management by classification. Strengthen the formulation of departmental and local access policies, carry out industry guidance on convergence and coordination, avoid using old methods to regulate new formats, and eradicate industry barriers and regional restrictions. Clear up and regulate matters such as administrative licensing and commercial registration that constrain development of the shared economy, further abolish or relax market access restrictions on resource providers and prudently introduce new market access policies. When proposing the introduction of various kinds of market access and regulatory measures, public opinions must first be openly sought, consultation and evaluation must be fully undertaken and policy transparency improved. Adhere to bottom line thinking, enhance security awareness, and strictly regulate the access conditions for formats and models that are closely related to such matters as the security of people's lives and property, social stability, cultural security, and financial risk.
5. Adhere to the principle of tolerant and prudent regulation, and explore the establishment of a shared economy multi-party collaborative governance mechanism participated in jointly by government, platform enterprises, industry associations, resource providers and consumers. Strengthen local government autonomy and creativity, converge the existing social governance system with the management system, and improve industry guidance on shared economy development and interim and ex-post regulation. Make full use of such technologies as cloud computing, Internet of things, and big data, and innovate network business regulatory means. Speed up the construction of network transaction supervision service platforms, and implement integrated online and offline management. Platform enterprises shall strengthen internal governance and security, strengthen assumed social responsibility, and strictly regulate operations. Industry associations and other relevant social organizations shall promote the introduction of industry service standards and self-discipline conventions, and improve social supervision. Resource providers and consumers shall strengthen ethical restraint, achieve shared and co-governance, and promote development of the shared economy in a civilized way.
6. According to the different forms and characteristics of the shared economy, scientifically and rationally define the rights, responsibilities and obligations of platform enterprises, resource providers and consumers; clarify the standards for pursuing responsibility and the scope of fulfilling responsibilities; study the establishment of linked coordination mechanisms for platform enterprises to fulfill some responsibilities and obtain legal exemption from others; and promote the development of industry norms. Platform enterprises should establish appropriate rules, strictly implement network participant qualification review, protect the legitimate rights and interests of consumers, and actively assist the government to supervise law enforcement and protect the rights of rights holders. Resource providers should fulfill information publicity obligations and actively cooperate with relevant investigations. Consumers should use shared resources in accordance with law and compliance with regulations.
7. Guide platform enterprises to establish a sound consumer complaint and dispute resolution mechanism and encourage industry organizations to explore establishment of third-party platforms for shared economy user complaints and rights protection in accordance with law and compliance with regulations. Crack down in accordance with the law on behaviors infringing consumers’ rights and interests such as the leaking and abuse of the personal information of users. Strengthen the protection, creation, use and service of intellectual property rights related to patents, copyrights and trademarks involved in shared economy development. Encourage financial institutions to take into consideration shared economy demands and innovate financial products and services. Research and formulate insurance policies appropriate for shared economy characteristics, and actively use insurance and other market mechanisms to protect the lawful rights and interests of resource providers and consumers.
8. Encourage and guide shared economy enterprises to carry out effective and orderly competition. Effectively strengthen regulation and prevention of monopolistic behavior by shared economy sector platform enterprises, safeguard the interests of consumers and social and public interests, and create an environment for fair competition between old and new formats and all kinds of market participants. Strictly prohibit the use of illegal means to compete and crack down on behaviors that disturb normal production and operations.
9. Actively give full play to the role of the [National Development and Reform Commission] Nationwide Credit Information Shared Platform, the [State Administration for Industry and Commerce] National Enterprise Credit Information Publicity System and the [People’s Bank of China] Basic Financial Credit Information Database, promote all kinds of credit information platforms to seamlessly interconnect in accordance with the law, break down information islands, establish an interactive government and business information shared and cooperation mechanism, make full use of Internet credit data, supplement and improve the existing credit reporting system, and provide services to credit reporting agencies. Actively guide platform enterprises to use big data monitoring, two-way evaluation with users, third-party certification, third-party credit rating and other means and mechanisms to improve the relevant subject credit records, strengthen the identification, credit rating and credit management of resource providers, and enhance essential governance capacity. Strengthen the online release in accordance with law of such information as credit records, risk warnings and illegal acts of dishonesty, and vigorously promote joint incentives for trustworthiness and joint discipline for dishonesty. Platform enterprises shall improve credit information preservation mechanisms, undertake the obligation to investigate, and collaborate with relevant departments to implement joint disciplinary measures for dishonesty.
10. Encourage and support shared economy platform enterprises with a competitive advantage to "go abroad" in an orderly manner, strengthen foreign exchanges and cooperation, and actively open up the international market, build a cross-border industry system, create internationally renowned brands, and cultivate the global influence of shared economy platform enterprises.
11. Vigorously promote shared of data by government departments, open public data resources and the shared of public service resources, increase the supply of public services, improve service efficiency and reduce service costs. Improve the relevant supporting policies, increase purchasing by government departments of shared economy products and services and expand public service demand. In urban and rural land use arrangements and public infrastructure planning and construction, give full consideration to shared economy development needs. Encourage enterprises, universities and scientific research institutions to share talent and intelligence, equipment, experimental platforms, scientific research and other innovation resources and production capacity.
12. Actively unleash the role of the shared economy in promoting employment, research and improve flexible insured payment measures for employee social insurance adapted to the characteristics of the shared economy, and effectively strengthen the protection of laborers' rights and interests. Increase publicity efforts to enhance laborers' self-protection awareness. Implement relevant employment and entrepreneurship support policies, in accordance with provisions, with respect to platform enterprises that sign labor contracts with workers, as well as those who rely on platform enterprises for flexible employment and independent entrepreneurs.
13. Research and improve tax administration measures that are suitable for shared economy characteristics. Strengthen platform enterprise tax information collection and taxation risk analysis work in accordance with the law, and accelerate the integration of online and offline management. Promote the use of electronic invoices, constantly improve the informatization level of shared economy tax payment services, and continuously enhance shared economy tax payment services.
14. Establish sound statistical survey indicators and evaluation indicators that reflect the shared economy. Make full use of big data and other information technology means, innovate statistical survey methods, promote the shared of departmental statistical information, collect relevant data through diverse channels and establish databases, improve statistical accounting, scientifically and accurately assess the contribution of the shared economy in economic development, improving people's livelihood, promoting employment and increasing residents’ income, and expanding domestic consumption and other aspects.
15. Strengthen the work of interpreting and revising the law, make timely adjustments according to procedures of the provisions of laws, regulations and policies that are not suited to development of the shared economy, and constantly optimize legal services. Design relevant legislative work based on relevant national strategic deployment and the characteristics of shared economy development and strengthen the adaptability of systems and regulation. Based on needs, timely research and formulate shared economy management measures by industry and sector.
16. All localities and departments should take responsibility for, take initiative in respect of, and earnestly strengthen in-depth research on the shared economy, taking account of local conditions, and constantly improve the development environment, create favorable social expectations, and pragmatically promote the healthy and rapid development of the shared economy. Encourage qualified industries and regions to be the first to implement and experiment, give full play to professionalized makerspaces, the supporting role of science and technology incubators and the demonstration effect of mass entrepreneurship and innovation demonstration bases, constantly improve service capacity, and actively carry out relevant exploration and practice. The "Internet Plus" Action Inter-Ministerial Joint Conference shall strengthen the overall coordination and policy interpretation of the shared economy development and, when conditions are ripe, promote establishment of a Shared Economy Experts Advisory Committee, to provide important support for government decision-making.