Notice of the Jiangsu Provincial Market Supervision Bureau on Issuing the 2021″Double Random, One Open” Spot Check Plan (Su Shi Jianxin [2021] No. 63)
By: Date: 2021-03-29 Categories: authoritativerelease Tags: ,
Market supervision bureaus of districts and cities, various offices (bureaus) of provincial bureaus, provincial intellectual property bureaus, provincial fiber inspection bureaus:
   Now the Provincial Bureau’s”2021″Double Random, One Open” Spot Check Plan” is issued to you, please carefully implement it. In the process of carrying out dual-random supervision, all units must combine actual work, scientifically coordinate, innovate methods, and summarize experience, and submit the annual dual-random supervision work summary to the Provincial Bureau of Credit and Risk Supervision before December 20.
  Contact person:Shi Yunchou, Tel:025-85537545, Fax:025-85537640
   Jiangsu Provincial Market Supervision Administration
  March 25, 2021
   (this piece is publicly released)
   2021″Double Random, One Open” spot check plan
  According to the”Regulations on Optimizing the Business Environment” (State Council Order No. 722), the National Fourteenth Five-Year Plan and the relevant work requirements of the provincial party committee, the provincial government and the State Administration for Market Random, one public” spot check proposes the following plan:
   One. Main goals
  Conscientiously implement the spirit of General Secretary Jin Ping’s inspection of Jiangsu’s important speech, improve the new type of supervision mechanism based on”double random, one open” supervision, change supervision concepts, innovate supervision methods, standardize supervision behaviors, and improve supervision efficiency. In terms of comprehensive supervision, smart supervision, and precise supervision,”strive to be an example, strive to be a demonstration, and be at the forefront.” Effectively achieve full coverage of the”double random, one open” supervision in the field of market supervision, and the departments have united to normalize the”double random and one open” supervision, and create a fair and competitive market environment and a legal and convenient business environment. A good start to the Fourth Five-Year Plan, the promotion of high-quality development, and the construction of a “strong, prosperous, beautiful and high” new Jiangsu provide a strong guarantee.
   2. Key tasks
   (1) Continue to deepen platform applications
   Jiangsu Provincial Market Supervision Information Platform, as a unified”double random, one open” supervision work platform across the province, is interconnected with the national enterprise credit information publicity system, and is an important support for the province’s”Internet + supervision” system. All units should rely on the platform to do a good job in formulating planned tasks, maintaining one order and two warehouses, randomly selecting inspection objects and law enforcement inspectors, and backfilling and publicizing inspection results. The built and used work platform should be connected with the provincial platform to realize real-time sharing of supervision information, and ensure that the data can be traced and traceable throughout the process.
  (2) Dynamically update one single two libraries
  The provincial bureau revised the list of random inspection items (second edition) of the province’s market supervision system, and issued a list of random inspection items (third edition) (see Annex 1). On the basis of the list of provincial bureaus, each unit can explore and practice”informed promises” and other random inspection items according to work needs and actual supervision. Provincial bureaus will include the province’s random inspection items as appropriate.
  In accordance with the”Internet + Supervision” database construction standard, the Provincial Bureau has deepened the construction of the multi-category inspection object database, explored the data connection with the approval system and part of the supervision system, and realized the real-time update of the inspection object database. All units should explore the establishment of an approval information push mechanism, realize the linkage of approval and management, form closed-loop management, and ensure the effective connection of approval and supervision.
  The Provincial Bureau promotes the data connection between the provincial platform law enforcement inspector database and the provincial judicial department law enforcement officer database. All units should classify and label the law enforcement inspection personnel base according to law enforcement qualifications and professional expertise, improve the professionalism and scientific nature of random inspections, and explore the establishment of a pool of auxiliary personnel such as testing institutions, scientific research institutes, and industry experts.
  (3) Scientific overall planning tasks
  The provincial bureau draws a list of the inspection objects of the province’s market supervision system according to industries, regions, and proportions. The municipal and county market supervision departments shall select the corresponding list of inspection objects in accordance with the local government supervision plan and combined with the key tasks of their respective supervision fields. The three levels of provinces, cities and counties randomly select law enforcement inspectors (not less than 2 persons in each group) according to inspection tasks, and randomly match them with the inspection objects. Task matching should be determined scientifically and flexibly by considering objective factors such as the geographical environment, staffing, professional expertise, and support level of the area under its jurisdiction.
  In 2021, the province’s market supervision system will draw no less than 3%of the total number of enterprises in operation, and it will be completed by the three levels of provinces, cities, and counties. The provincial bureau plans to carry out targeted spot checks in areas such as direct sales, e-commerce, auctions, advertising, industrial products, food, special equipment, measurement, certification and accreditation, intellectual property rights, and fiber inspection (see Annex 2 for specific tasks), all of which will be selected in the first half of the year; The county market supervision department shall, on the basis of completing the tasks of the provincial bureau, formulate plans and tasks at this level in accordance with the focus of local supervision work, and actively promote the continuous deepening of dual-random supervision. In the second half of the year, the provincial bureau will combine the development of tasks in various regions in the first half of the year with the total annual tasks of the province, and make overall plans for the second half of the year to ensure that the 3%spot check target is reached.
  The annual spot check plan of the market supervision department above the county level should be based on different risk levels, combined with complaints and reports, big data analysis, research and judgment, and differentiated supervision measures shall be adopted according to the inspection requirements of general inspection items and key inspection items, and reasonably determined , Dynamically adjust the proportion of random inspections and the probability of inspection objects being randomly inspected. Especially for schools, kindergartens, nursing homes canteens, and subjects with high risk classification levels, the proportion and frequency of random inspections should be increased to ensure the necessary coverage and supervision effects of random inspections, while preventing excessive inspections and law enforcement from disturbing the people.
  The random inspection plan of each city shall be issued before April 10 and be reported to the provincial bureau for record. The county (district) random inspection plan shall be reported to the municipal bureau for record according to the requirements of each city, and may be adjusted according to the work situation. All inspection tasks of the provincial market supervision system shall be completed before November 30, 2021. The inspection results shall be recorded on the provincial market supervision information platform within 10 working days after the inspection, in accordance with the principle of “who inspects, enters, and is responsible” Under the name of the enterprise.
  (4) Conduct random inspections according to law
   1. All inspection tasks shall be carried out in accordance with the”Guidelines for the”Double Random, One Open” Spot Inspection of the Jiangsu Provincial Market Supervision Bureau” (2020 version).
  2. The business lines of the random inspection plan are uniformly formulated by the State Administration for Market Regulation and implemented in accordance with the requirements of the State Administration.
  3. Inspections involving the internal quality of food or products, etc. shall be carried out through quality random inspections as required.
  4. The checklists of companies involved in food production and sales, catering services, edible agricultural products trading markets, and special equipment administrative licensing units will not be published online. The selected list is strictly prohibited from leaking, and offenders shall be held accountable in accordance with relevant regulations.
  5. The same inspection object is selected in different tasks, and relevant inspection items should be integrated and integrated, and comprehensive supervision should be implemented in accordance with the requirements of”entering one door, checking multiple things” to avoid multiple arrangements; inspection objects and inspections If the method is similar, the arrangement shall be merged.
  6. Random inspections in various places can use the inspection and verification results made by other government departments in accordance with the law; enterprises should provide annual audit reports when publicly reviewing information; local market supervision departments shall entrust accounting firms, law firms, inspections and inspections as needed Third-party organizations such as certification agencies and credit reporting agencies provide professional services.
  7. While giving full play to the routine and basic role of”double random, one open” supervision, we will follow the rules for items that are not included in the list of random inspections involving key areas of food and drugs, product quality and safety, and special equipment safety. While the existing methods are strictly for supervision, it can be explored to combine with dual random supervision and smart supervision to promote the scientific and effective implementation of the whole process, the whole chain, and the whole variety of supervision. The clues of cases of violations of laws and regulations discovered through complaints and reports, transfers, data monitoring, etc., shall be inspected and dealt with immediately; if a case needs to be filed for investigation, investigation and handling shall be carried out in accordance with the provisions of administrative punishment procedures. It is necessary to adhere to the problem-oriented approach. For the universal problems found through the above channels and the outstanding risks of the market order, it is necessary to carry out targeted special inspections on the random inspections through random inspections and other methods, and determine the proportion of random inspections based on the actual situation. Ensure that systemic and regional risks do not occur. If an enterprise is found to have violated the law during the inspection, it shall be dealt with in accordance with relevant regulations.
  8. Market supervision departments at all levels should give full play to the leading role of the Joint Conference Office of Double Random Supervision, promote the supervision of the “Double Random, One Open” in the region, coordinate the formulation of joint departmental spot check plans, and clarify the key areas and areas of joint joint spot checks. Ways, strengthen guidance and coordination, supervise inspections, and training exchanges. On the basis of normalization of joint random inspections by departments, actively promote the full coverage of joint random inspections by departments in the field of market supervision. At the same time, continue to improve the list of joint random inspections by departments at this level, in areas where supervisory functions overlap. Explore the establishment of a long-term supervision mechanism. According to the Jiangsu Free Trade Zone’s key work plan for 2021, the Nanjing, Suzhou, and Lianyungang Free Trade Zones will further promote the joint dual-random supervision of the departments and continuously improve the effectiveness of joint supervision.
   (5) Continuously strengthen the use of results
   Except for situations that are not suitable for disclosure according to laws and regulations, the inspection results of double random random checks using the provincial market supervision information platform will be automatically pushed to the National Enterprise Credit Information Publicity System (Jiangsu) for publicity and social supervision. This year, the provincial bureau will transform the publicity system Jiangsu Channel, and promote the simultaneous push of inspection results of non-market entities such as associations, administrative institutions and other non-market entities to the publicity system, so as to achieve unified disclosure of the double random inspection results in the field of market supervision. The data of the double random inspections that are not used on the provincial platform to carry out double randomization and are not docked with the provincial platform are not recognized, and there is no need to import through the”spot check inspection” module of the provincial market supervision information platform. For various issues found in random inspections, follow-up supervision should be done in accordance with the principle of”who has jurisdiction, who is responsible”, administrative penalties in accordance with the law, and the results of penalties should be recorded under the names of market entities to form long-term restrictions on illegal and untrustworthy behaviors . Increase penalties for violations of laws and regulations discovered in accordance with the law, and promptly transfer suspected crimes to judicial organs to prevent supervision from being out of touch.
  3. Job requirements
   (1) Adhere to full coverage. Taking “double random and one open” as the basic means and method of market supervision, except for special key areas such as public safety and people’s life and health, in principle, all administrative inspections should be conducted through double random inspections instead of daily Supervise the original inspection system and random inspections to form a normalized management mechanism. Market supervision departments at all levels should attach great importance to them, give full play to their overall advantages, focus on the integration of internal business lines, and integrate the concept of dual random supervision into all areas of law enforcement inspection. In principle, special tasks involving random inspection items should be conducted in a dual random manner. Unfold. For the inspection items not involved in the annual random inspection tasks of the provincial bureau, all localities should actively explore, and strive to promote the full coverage of the double random random inspection items of the market supervision department. The Provincial Bureau of Credit and Risk Supervision is the lead office of dual-random supervision and is responsible for coordinating related work; all business divisions (including relevant departments of the Provincial Intellectual Property Office) are responsible for the guidance, development, and supervision of dual-random supervision in their respective fields , To ensure that the annual double-random supervision tasks are fully completed.
   (2) Promote regulatory innovation. The provincial bureau is developing a dual-random mobile supervision APP, which is planned to be used by the provincial market supervision departments within this year. All localities must actively promote and deepen the application, and continuously improve the level of convenience of supervision; it is necessary to promote dual-random and off-site, big data and other”Internet + “Supervision” is deeply integrated to continuously improve the level of smart supervision; combine dual random supervision with credit evaluation, reasonably determine the proportion and frequency of spot checks, increase inspections for violations of laws and regulations, and improve the targeting and accuracy of supervision; improve spot checks Ways, increase the proportion of random inspections for companies that have not been selected for many years, strengthen key supervision in key areas, and explore data connection with the product traceability system.
   (3) Strengthen overall planning and implementation. The double-random supervision has been included in many evaluation plans such as the evaluation of the high-quality service development of provincial agencies and the province’s business environment evaluation. This year, the provincial bureau will organize the supervision and inspection of the double-random supervision work at all levels in due course. Localities must earnestly achieve the following three points:First, strictly implement the provincial and bureau random inspection plan, especially the inspection tasks assigned to the cities and counties, and complete the inspection tasks in accordance with the requirements of the random inspection ratio and time nodes; the second is to arrange the random inspection tasks reasonably , Coordinate the effective connection of the provincial bureau plan with the general bureau plan and local plans; the third is to steadily advance various tasks, not to make surprise assessments, strictly prevent data falsification, and notify the whole province once discovered.
   (4) Increase publicity and training. All localities should vigorously publicize dual-random supervision, summarize and promote good experience and practices, encourage and guide the participation of the whole society, enhance the social influence and public awareness of dual-random supervision, and accelerate the formation of a sound government supervision, corporate integrity and self-discipline, and social public supervision. Atmosphere:It is necessary to strengthen the business guidance training of double random supervision in the field of market supervision, innovate methods and methods, and continuously improve the ability of double random supervision of law enforcement inspectors at all levels.