[International Situation]：Nine ministries and commissions jointly issued a document: govern the exclusive or "two choices" behavior in the payment process according to law, and promote the healthy and sustainable development of platform economic norms

< font size="3 "> National Development and Reform Commission and other departments today issued some opinions on promoting the healthy and sustainable development of platform economy.

< font size="3"> The opinions put forward that the supervision in the payment field should be strengthened, the improper connection between payment instruments and other financial products should be broken, the exclusive or" alternative "behavior in the payment process should be managed according to law, and the abuse of market dominance related to non-bank payment services should be strengthened.Study and introduce regulations on non-bank payment institutions. < /strong > Standardize the use of platform data, strictly supervise the credit reporting business, and ensure licensed and compliant operation according to law. Implement the supervision system of financial holding companies, strictly examine the qualifications of shareholders, strengthen penetrating supervision, and strengthen comprehensive risk management and related party transaction management.Strictly regulate platform enterprises to invest in financial institutions and local financial organizations, and urge platform enterprises and their holding and shareholding financial institutions to strictly implement capital and leverage ratio requirements. Improve the financial consumer protection mechanism, strengthen the supervision of marketing behavior, ensure that the disclosed information is true and accurate, and do not persuade consumers to spend ahead of time.

< section > < font size = "3" > < br/> < strong > < font size = "3" > National Development and Reform Commission and other departments on promoting < /font> < section > < strong > < font size = "3" > Some opinions on the healthy and sustainable development of platform economy < /font> < section > < strong > < font size = "3" > No.1872 [2021] of the Development and Reform Commission < section > < font size = "3" > < br/> < section > < font size = "3" > Relevant departments of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps: < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > Platform economy takes the Internet platform as the main carrier and data as the key production factor.A new economic form with the new generation of information technology as the core driving force and the network information infrastructure as the important support. In recent years, China's platform economy has developed rapidly, and its position and role in the overall economic and social development have become increasingly prominent. < section > < font size = "3" > < br/> < section > < font size = "3" > We should adhere to the guidance of Xi Jinping's new era of socialism with Chinese characteristics, fully implement the spirit of the 19th CPC National Congress and the plenary sessions of the 19th CPC Central Committee and the State Council, and thoroughly implement the decision-making arrangements.Based on the new development stage, implementing the new development concept, building a new development pattern, promoting high-quality development, starting from the strategic height of building a new competitive advantage of the country, insisting on paying equal attention to development and standardization, adhering to the "two unswerving", following the market rules, focusing on the long-term and taking into account the current situation, making up for shortcomings, strengthening weaknesses, and adapting to the development law of platform economy.Establish and improve the rules and regulations, and optimize the platform economic development environment. In order to further promote the healthy and sustainable development of platform economy, the following opinions are put forward. < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > First, perfect the rules and regulations < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > (1) Improve governance rules. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Amend the Anti-Monopoly Law and improve the supporting rules of data security law and personal information protection law. < /strong > Formulate and promulgate regulations prohibiting unfair competition on the Internet. Refine the data processing rules of platform enterprises.Formulate price behavior rules in the field of platform economy to promote the orderly and healthy development of the industry. Improve the regulatory rules system in the financial sector, insist that all financial activities be brought into financial supervision, and the financial business must be licensed. < section > < font size = "3" > < br/> < section > < font size = "3" > (2) improve the system and norms. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Clarify the responsibility boundary of the platform and strengthen the responsibility of the very large Internet platform. < /strong > Establish a platform compliance management system to form an effective external supervision and evaluation system for platform compliance. Increase the development of national standards related to platform economy.Establish an Internet platform information publicity system, enhance the transparency of platform operation, and strengthen credit constraints and social supervision. Establish a fair competition supervision system for platform economy. We will improve the regulatory system of "classification and negative list" for cross-border data flow, and explore the establishment of an algorithm security system for Internet information services. < section > < font size = "3" > < br/> < section > < font size = "3" > (3) promoting collaborative governance. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Strengthen departmental collaboration and adhere to the principle of "online and offline integrated supervision" < /strong>.< /strong > the competent departments of various industries with supervision functions are responsible for offline supervision, and at the same time, they are responsible for the corresponding online supervision, so as to realize the unification of powers and responsibilities of examination and approval, supervisor and supervision. Promote mutual recognition of spot checks, inspections and appraisals among regulatory authorities, avoid repeated spot checks and inspections, and explore the establishment of case consultation, joint law enforcement and joint disciplinary mechanisms.Realize the whole chain supervision before and after the event. Promote industry self-discipline, urge platform enterprises to operate in accordance with laws and regulations, and encourage industry associations to take the lead in formulating group standards and industry self-discipline conventions. Strengthen social supervision, explore the supervision mechanism with the participation of the public and third-party professional organizations, and promote the openness and transparency of compliance management of platform enterprises. < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > Second, improve the supervisory capacity and level < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > (4) Improve competition supervision and law enforcement. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Strengthen the whole chain competition supervision and law enforcement in key industries and fields that strongly reflect to the people. < /strong > Investigate and deal with monopoly and unfair competition in the platform economy according to law.Strictly investigate and deal with monopoly agreements in the platform economy, abuse of market dominance and illegal concentration of operators. Strengthen platform advertising-oriented supervision and strengthen supervision over advertisements in key areas. The regulation focuses on misleading consumers by reducing the distribution and quality of products, and the platform fails to examine the market access qualification of sold goods.Implement the obligations related to product recall of online operators for defective consumer goods. Intensify the crackdown on illegal operation of platform enterprises in the field of travel. Strengthen tax assistance obligations of platform enterprises such as submitting tax-related information, strengthen tax supervision of platform enterprises, and investigate and deal with tax-related illegal acts such as false invoicing and tax evasion according to law.Strengthen the management and supervision of platform deposit, prepayment, deposit and other expenses. < section > < font size = "3" > < br/> < section > < font size = "3" > (5) Strengthen supervision in the financial sector. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Strengthen supervision in payment field,Disconnect the improper connection between payment instruments and other financial products, manage the exclusive or "alternative" behavior in the payment process according to law < /strong >, strengthen supervision over the abuse of market dominance related to non-bank payment services, and study and promulgate regulations on non-bank payment institutions. Standardize the use of platform data, strictly supervise the credit reporting business,Ensure that it is licensed and operated in compliance with the law. Implement the supervision system of financial holding companies, strictly examine the qualifications of shareholders, strengthen penetrating supervision, and strengthen comprehensive risk management and related party transaction management. Strictly regulate platform enterprises to invest in financial institutions and local financial organizations,Urge platform enterprises and their holding and shareholding financial institutions to strictly implement the requirements of capital and leverage ratio. Improve the financial consumer protection mechanism, strengthen the supervision of marketing behavior, ensure that the disclosed information is true and accurate, and do not persuade consumers to spend ahead of time. < section > < font size = "3" > < br/> < section > < font size = "3" > (VI) Explore data and algorithm security supervision. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > earnestly implement the lawful, proper and necessary principle of collecting and using personal information,Severely crack down on illegal activities such as platform enterprises collecting personal information beyond their scope and calling personal information beyond their authority. < /strong > strictly control unnecessary data collection, and crack down on data abuse such as black market data trading and big data killing according to laws and regulations. On the premise of strictly protecting commercial secrets such as algorithms, support third-party organizations to carry out algorithm evaluation,Guide platform enterprises to improve algorithm transparency and interpretability, and promote algorithm fairness. Seriously investigate and deal with illegal and illegal behaviors such as using algorithms to falsify information content, spread negative and harmful information and vulgar and inferior content, traffic hijacking and false registered accounts. Promote platform enterprises to thoroughly implement the network security level protection system,Explore data security risk situation monitoring and notification, and establish an emergency response mechanism. In law enforcement activities, the state organs should collect and use personal information according to law to protect data security. < section > < font size = "3" > < br/> < section > < font size = "3" > (VII) Improve the supervision technology and means. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Strengthen the digital supervision support and establish a non-contact supervision mechanism such as online discovery, circulation, investigation and handling of illegal clues < /strong > < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > Third, optimize the development environment < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > (VIII) Reduce the operating cost of platform economic participants. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Continue to promote the convenience and standardization of the registration of market entities related to platform economy, and support the provincial people's governments to carry out the pilot program of separating residence from business premises in accordance with relevant requirements.< /strong > further clean up and standardize rules and regulations such as platform economic access that are illegal and unauthorized. Improve the list of prohibited licenses for Internet market access. Guide platform enterprises to reasonably determine service fees such as payment and settlement, platform commission, etc., and give certain flow support to high-quality small and micro merchants. Platform service charges should be consistent in quality and price, fair and reasonable,We should negotiate and fully communicate with the operators in the platform on an equal footing, and shall not damage the fair competition order. < section > < font size = "3" > < br/> < section > < font size = "3" > (IX) Establish an orderly and open platform ecosystem. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Promote cooperation among platform enterprises, build an inclusive and open ecosystem, stimulate the vitality of platform enterprises, and cultivate new kinetic energy of platform economic development. < /strong > Advocating fair competition, inclusive development, openness and innovation, the platform should promote ecological opening in accordance with laws and regulations.Provide services to the outside world fairly according to the uniform rules, without malicious incompatibility or unreasonable procedural requirements. Platform operators shall not use the advantages of data, traffic, technology, market and capital to restrict the independent operation of other platforms and applications. Promote system migration and interoperability standards between cloud platforms, and accelerate business and data interoperability. < section > < font size = "3" > < br/> (X) Strengthen the protection of workers' rights and interests in new employment forms. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Implement policies and measures related to the protection of rights and interests of workers in new employment forms, such as network contract delivery staff and network car drivers.< /strong > Improve the identification standards of labor relations between workers with new employment forms, platform enterprises and employment cooperative enterprises, explore the identification standards that are not completely in line with the establishment of labor relations, and reasonably determine the rights and obligations of enterprises and workers. Guide platform enterprises to strengthen consultation with workers in new employment forms,Formulating reasonable rules and algorithms for order distribution, piece unit price, percentage drawing, etc., which are directly related to workers' rights and interests, and publishing them publicly to ensure the openness and transparency of the system rules. We will improve the minimum wage and payment guarantee system, and ensure that workers with new employment patterns can get reasonable labor remuneration. Carry out the pilot project of occupational injury protection for flexible employees on the platform,Explore the mechanism of employing enterprises to purchase commercial insurance. Implement the national insurance plan, and promote the new employment pattern workers to participate in social insurance. Strengthen the training of safety awareness and legal awareness of workers with new employment patterns. < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > IV. Enhancing innovation and development ability < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > (XI) Support the platform to strengthen technological innovation. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Guide platform enterprises to give full play to the market and data advantages of the platform, actively carry out scientific and technological innovation and enhance their core competitiveness. < /strong > Encourage platform enterprises to continuously increase R&D investment intensity,Accelerate technological R&D breakthroughs in artificial intelligence, cloud computing, blockchain, operating system, processor and other fields. Encourage platform enterprises to accelerate the innovative research and development and application of digital green integration technology, and promote the construction of zero-carbon industrial chain and supply chain. Create a favorable policy environment for technological innovation,Further improve the intellectual property protection system that adapts to the innovation and development of platform enterprises. Support powerful leading enterprises or platform enterprises to take the lead in setting up innovation consortia, and promote key software technology research around the fields of industrial Internet infrastructure, industrial software root technology, artificial intelligence open innovation, public algorithm set, blockchain underlying technology, etc. < section > < font size = "3" > < br/> < section > < font size = "3" > (12) Raise the level of globalization. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Support platform enterprises to promote digital products and services to "go global" and enhance their international development capability.Enhance international competitiveness. < /strong > Actively participate in the formulation of cross-border data flow, taxation of digital economy and other related international rules, participate in the international coordination of anti-monopoly and anti-unfair competition, give full play to the pilot role of free trade zones and free trade ports, and promote the construction of mutually beneficial and win-win international economic and trade rules.Create a good environment for the international development of platform enterprises. Cultivate specialized intermediary services such as intellectual property, commercial coordination and legal counsel, explore convenient judicial coordination, investment protection and relief mechanisms on a pilot basis, and strengthen working mechanisms such as overseas intellectual property risk early warning, rights protection assistance and dispute mediation.Protect the legitimate rights and interests of China's platform enterprises and operators overseas. Encourage platform enterprises to develop cross-border e-commerce, actively promote the construction of overseas warehouses, improve the level of digitalization, intelligence and convenience, and promote SMEs to expand the international market by relying on cross-border e-commerce platforms. Actively promote the construction of overseas economic and trade cooperation zones,Cultivate cross-border e-commerce industrial chains and ecological circles such as warehousing, logistics, payment, customs clearance and foreign exchange settlement. < section > < font size = "3" > < br/> < section > < font size = "3" > (XIII) Encourage platform enterprises to carry out model innovation. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Platform enterprises are encouraged to make full use of their advantages in technology, talents, capital, channels and data on the premise of complying with laws and regulations.< /strong > Encourage platform-based factor integration and innovation, strengthen industry data collection, analysis, mining and comprehensive utilization, push forward the marketization process of key industry data factors on a pilot basis, and give full play to the role of data factors in amplifying, superimposing and multiplying other production factors such as land, labor and capital.Explore a new resource sharing mode of "separation of ownership and use rights" in a pilot project, revitalize idle resources in cloud platforms, development tools, workshops and other aspects, and cultivate a new format of sharing economy. Encourage platform enterprises to crowdsource innovative business, and more open and share resources with SMEs. < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > V. Empowering economic transformation and development < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > (XIV) enabling the transformation and upgrading of manufacturing industry. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Support platform enterprises to rely on market and data advantages, empower manufacturing links, and develop new types such as on-demand production, fixed production by sales and personalized customization. < /strong > Encourage platform enterprises to strengthen cooperation with leading enterprises in the industry,Improve the integrated digital production and operation capability of enterprises, promote the digital and intelligent upgrading of supply chains, and drive the overall digital transformation of traditional industries. Explore the cooperation between platform enterprises and industrial clusters, fill the shortcomings of regional industrial transformation and development, and promote the competitiveness of regional industries. Guide platform enterprises to actively participate in industrial Internet innovation and development projects,Carry out key technical research, cultivate public platforms, and promote the construction of a multi-level and systematic industrial Internet platform system. In-depth implementation of the inclusive "Cloud-based Intelligence" campaign will support SMEs to gradually upgrade from data cloud to management cloud and business cloud. Implement the special action of digital empowerment of small and medium-sized enterprises,Promote the excellent practice of digitalization, greening and intelligence of traditional industries. < section > < font size = "3" > < br/> < section > < font size = "3" > (XV) Promote the digital transformation of agriculture. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Encourage platform enterprises to innovate and develop smart agriculture, promote digitalization of planting, animal husbandry and fishery, and < /strong > improve agricultural production.Help realize the high quality and high price of agricultural products by branding and traceability. Standardize the trading behavior of agricultural products and agricultural materials of platform enterprises. The residues of agricultural products and veterinary drugs purchased and sold shall not exceed the standard, and agricultural materials with substandard quality shall not be purchased and sold, so as to effectively guarantee the quality and safety of products and support the purchase and sale of organic certified agricultural products. Guide the layout of platform enterprises in rural areas,Accelerate the development of rural e-commerce, and promote "internet plus" agricultural products out of the village and into the city. Further guide the platform economy to empower the development of "agriculture, rural areas and farmers", accelerate the construction of rural credit information system, innovate the way of financial support for agriculture and rural areas by digital means, and cultivate new kinetic energy to comprehensively promote rural revitalization. < section > < font size = "3" > < br/> < section > < font size = "3" > (16) Improve the platform consumption creation ability. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Encourage platform enterprises to expand the "internet plus" consumption scene and provide high-quality products and services.Promote the popularization and application of smart products such as smart home, virtual reality and ultra-high definition video terminals, < /strong > develop new retail methods such as intelligent shopping guide, intelligent replenishment and virtual experience, and promote applications such as telemedicine, online office and knowledge sharing. Guide platform enterprises to carry out online promotion activities such as brand consumption and quality consumption, and cultivate new growth points of consumption.Encourage platform enterprises to help optimize public services and improve the level of popularization, convenience and personalization in medical, social security, employment and other service areas. Encourage platform enterprises to provide barrier-free services, and enhance the convenience of special groups such as the elderly and the disabled to enjoy intelligent products and services. Guide platform enterprises to carry out digital assistance,Promote the improvement of digital technology and digital literacy. < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > VI. Safeguard measures < /font> < section > < font size = "3" > < br/> < section > < font size = "3" > (XVII) Strengthen overall planning and coordination. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Fully rely on the existing mechanism, strengthen the coordination between departments and the central government, and strengthen the collaborative judgment of major issues in the field of platform economy. < /strong > Strengthen the overall coordination of regulatory actions and policies, and fully listen to the opinions of all parties, especially those of administrative counterparts.Avoid affecting and interrupting the normal business activities of platform enterprises, and prevent unexpected risks caused by policy superposition. Strengthen central planning, provincial overall responsibility, local implementation of territorial management responsibility, and adhere to the organic unity of responsibility division, evaluation and accountability. < section > < font size = "3" > < br/> < section > < font size = "3" > (18) Strengthen policy guarantee. < section > < font size = "3" > < br/> < section > < font size = "3" > < strong > Encourage venture capital, equity investment (fund) and other enterprises to invest more in scientific and technological innovation, and support scientific and technological innovation of enterprises.< /strong > Encourage relying on various colleges, vocational colleges and research institutions to strengthen the training of high-end talents and practical talents in the digital economy. Strengthen the education and training of digital skills for all. All localities should actively promote the development of platform economy, improve the policy system to promote the development of platform economy, and timely study and solve major problems in the development of platform economy. < section > < font size = "3" > < br/> < section > < font size = "3" > (XIX) Carry out pilot exploration. < section > < font size = "3" > < br/> < section > < strong > < font size = "3" > Relying on the National Digital Economy Innovation and Development Experimental Zone, the Comprehensive Innovation and Reform Experimental Zone, the National Intelligent Social Governance Experimental Base, the National Network Market Supervision and Service Demonstration Zone, and, explore the establishment of a regulatory model that adapts to the development of platform economy, and build an institutional environment that adapts to the innovation and development of platform economy.

< font size = "3" > < br/> < /font> < section > < font size = "3" > National Development and Reform Commission < section > < font size = "3" > General Administration of Markets

Central Information Office < /font> < section > < font size =" 3 "> Ministry of Industry and Information Technology

< font size =" 3 "> Ministry of Human Resources and Social Security

Ministry of Agriculture and Village < /font> < font size =" 3 "> Ministry of Commerce

< font size =" 3 "> People's Bank of China

General Administration of Taxation

< section > < font size =" 3 "> December 24th, 2021 < section > < font size =" 3 "> < br/> < Section>

Source: Payment Encyclopedia

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