Perfecting the Market Access System That Supports a High-Level Socialist Market Economy System

Market access system is an important foundational system that centrally reflects the relationship between the government and the market. The Third Plenary Session of the 20th CPC Central Committee [1]1 The Third Plenary Session of the 20th Central Committee of the Communist Party of China, held in July 2024, focused on further comprehensively deepening reform. put forward "perfecting the market access system and optimizing the market access environment for new business forms and new fields" and made it a reform task for building a high-level socialist market economy system. In August 2024, the Opinions on Perfecting the Market Access System issued by the General Office of the CPC Central Committee and the General Office of the State Council made specific arrangements, providing an action program and work guidelines for further ensuring equal opportunities for all types of business entities, stimulating market vitality, and promoting the building of a high-level socialist market economy system.

市场准入制度是集中反映政府和市场关系的重要基础性制度。党的二十届三中全会提出“完善市场准入制度，优化新业态新领域市场准入环境”，并将其作为构建高水平社会主义市场经济体制的一项改革任务。2024年8月，中央办公厅、国务院办公厅印发的《关于完善市场准入制度的意见》作出专门部署，为进一步保障各类经营主体机会均等、激发市场活力、推动构建高水平社会主义市场经济体制提供了行动纲领和工作指南。

Market access system is an important basic system of the market economy.

市场准入制度是一项重要的市场经济基础制度

Basic systems of the market economy refer to a series of rules and standards formulated to guarantee the effective operation of the market mechanism. Among them, the market access system is an important basic system of the market economy.

市场经济基础制度是指为保障市场机制有效运行而制定的一系列规则和标准。其中，市场准入制度是一项重要的市场经济基础制度。

From the inherent requirements of the development of the market economy, market access is the starting point for all types of business entities to carry out production and operation activities and participate in market competition. Therefore, institutional arrangements concerning market access conditions and procedures become an important foundational system of the market economy.

从市场经济发展的内在要求看，市场准入是各类经营主体开展生产经营活动、参与市场竞争的起点，因而有关市场准入条件、程序等制度安排，就成为市场经济的重要基础性制度。

From the experience of mature market economy countries, the market access system aims to ensure that all types of business entities enjoy equal opportunities to enter the market. Generally speaking, the wider the fields and scope of market access, and the higher the transparency and standardization of access conditions, the freer the choices of business entities, the more effective the prices formed by competition between supply and demand, the smoother the flow of commodity factors, and the fuller the role of the market mechanism.

从成熟市场经济国家的经验看，市场准入制度旨在保障各类经营主体享有平等进入市场的机会。一般来讲，市场准入的领域和范围越广、准入条件的透明度和规范度越高，意味着经营主体的选择越自由，供需双方竞争形成的价格越有效，商品要素流动越顺畅，市场机制作用的发挥就越充分。

From the practice of more than 40 years of reform and opening up in China, perfecting the market access system, a basic system of the market economy, plays an important supporting role in upholding and improving the basic economic system under which public ownership is the mainstay and multiple forms of ownership develop side by side. Only by fully ensuring that willing and capable business entities can enter the market without obstacles, particularly by opening up the competitive links of natural monopoly industries, enhancing market openness, eliminating local illegally set access barriers, and achieving "one national list" [2]2 "One national list" (全国一张清单) refers to a unified national negative list for market access, eliminating local barriers and separate lists. for market access, can we form a market pattern of effective competition, expand the supply of goods and services, better uphold and implement the "two unswerving" principle [3]3 The "two unswerving" principle (两个毫不动摇): unswervingly consolidate and develop the public sector of the economy, and unswervingly encourage, support, and guide the development of the non-public sector., promote complementary advantages and common development of all forms of ownership, give fuller play to the advantages of our country's basic socialist economic system, and continuously unleash and develop social productive forces.

从我国改革开放40多年的实践看，完善市场准入这一市场经济基础制度，对于坚持和完善公有制为主体、多种所有制经济共同发展的基本经济制度具有重要支撑作用。只有充分保障有意愿、有能力的经营主体无障碍地进入市场，特别是放开自然垄断行业竞争性环节，提升市场开放度，破除地方违规设置的准入障碍，实现市场准入“全国一张清单”，才能形成有效竞争的市场格局，扩大商品和服务供给，更好地坚持和落实“两个毫不动摇”，促进各种所有制经济优势互补、共同发展，把我国社会主义基本经济制度优势更加充分地发挥出来，不断解放和发展社会生产力。

Perfecting the market access system is of great significance for building a high-level socialist market economy system.

完善市场准入制度对于构建高水平社会主义市场经济体制意义重大

The Third Plenary Session of the 20th CPC Central Committee, focusing on advancing Chinese-path modernization, emphasized that a high-level socialist market economy system is an important guarantee for Chinese-path modernization, and proposed to "perfect the market access system." This is a new and higher requirement put forward by the Party Central Committee for the construction of the market access system, following the "implementation of a unified market access system" proposed at the Third Plenary Session of the 18th CPC Central Committee [4]4 The Third Plenary Session of the 18th CPC Central Committee, held in November 2013, which adopted the Decision on Major Issues Concerning Comprehensively Deepening Reforms. and the "comprehensive implementation of the negative list system for market access" proposed at the 19th National Congress of the CPC [5]5 The 19th National Congress of the Communist Party of China, held in October 2017, where Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era was enshrined in the Party Constitution., and has great practical significance.

党的二十届三中全会着眼于推进中国式现代化，强调高水平社会主义市场经济体制是中国式现代化的重要保障，提出要“完善市场准入制度”。这是继党的十八届三中全会提出“实行统一的市场准入制度”、党的十九大提出“全面实施市场准入负面清单制度”后，党中央对市场准入制度建设提出的新的更高要求，具有重大现实意义。

Perfecting the market access system is a key move to promote a better combination of an effective market and a well-functioning government. In developing a socialist market economy, the key is to properly handle the relationship between the government and the market. To build a high-level socialist market economy system, we must give full play to the decisive role of the market in resource allocation, better play the role of the government, and achieve both "letting things go" and "keeping things in order" [6]6 "Letting things go" (放得活) and "keeping things in order" (管得住): a phrase used by Xi Jinping to characterize the dual requirements for a dynamic market and effective regulation in a socialist market economy.. Perfecting the market access system, scientifically determining market access rules, and using the "subtraction" of administrative power in exchange for the "multiplication" of market vitality is a concrete manifestation of "letting things go". This is conducive to providing greater space for giving play to the decisive role of the market in resource allocation, while clarifying the boundaries of the government's role, reducing improper government intervention in the market, and transferring more administrative resources to strengthening ex-post and ongoing supervision, so that the market is both dynamic and well-regulated.

完善市场准入制度是推动有效市场和有为政府更好结合的关键之举。发展社会主义市场经济，关键是处理好政府和市场的关系。构建高水平社会主义市场经济体制，必须充分发挥市场在资源配置中的决定性作用，更好发挥政府作用，既“放得活”又“管得住”。完善市场准入制度，科学确定市场准入规则，用行政权力的“减法”换取市场活力的“乘法”，正是“放得活”的具体体现。这有利于为发挥市场配置资源的决定性作用提供更大空间，同时明确政府发挥作用的职责边界，减少政府对市场的不当干预，把更多的行政资源转到加强事中事后监管上来，使市场既充满活力又规范有序。

Perfecting the market access system is an inevitable requirement for providing a good institutional environment for the development of new quality productive forces. Developing new quality productive forces is the intrinsic requirement and important focus of high-quality development, and must further comprehensively deepen reform. Currently, a new round of scientific and technological revolution and industrial transformation is deepening, and new business forms and new models are constantly emerging. Compared with business entities, the government does not have information advantages or the adaptability for flexible response. Perfecting the market access system, especially optimizing the market access environment for new business forms and new fields, is conducive to stimulating the endogenous driving force and innovative vitality of the whole society, optimizing the allocation of production factors, and promoting the aggregation of various advanced production factors towards the development of new quality productive forces.

完善市场准入制度是为新质生产力发展提供良好制度环境的必然要求。发展新质生产力是推动高质量发展的内在要求和重要着力点，必须进一步全面深化改革。当前，新一轮科技革命和产业变革深入发展，新业态新模式不断涌现，政府相较于经营主体并不具备信息优势和灵活反应的适应性。完善市场准入制度，特别是优化新业态新领域的市场准入环境，有利于激发全社会内生动力和创新活力，优化生产要素配置，促进各类先进生产要素向发展新质生产力集聚。

Perfecting the market access system is a practical need for constructing an institutional system that aligns with internationally accepted rules. At present, China's economy has been deeply integrated into the world economy, with a relatively high degree of industrial interdependence and mutual dependence with many countries around the world. The domestic and foreign demand markets themselves are interdependent and mutually reinforcing. Perfecting the market access system, strengthening the coordination and linkage of domestic and foreign capital access policies, promoting the compatibility and integration of rules, regulations, management, and standards, is conducive to relying on China's super-large market advantages, attracting global resource elements through the domestic cycle, improving the quality and level of trade and investment cooperation, creating favorable conditions for accelerating the construction of a new development pattern, and winning strategic initiative in increasingly fierce international competition.

完善市场准入制度是构建与国际通行规则相衔接的制度体系的现实需要。当前，我国经济已经深度融入世界经济，同全球很多国家的产业关联和相互依赖程度都比较高，内外需市场本身是相互依存、相互促进的。完善市场准入制度，加强内外资准入政策协同联动，推动规则、规制、管理、标准相通相容，有利于依托我国超大规模市场优势，以国内大循环吸引全球资源要素，提升贸易投资合作质量和水平，为加快构建新发展格局创造有利条件，在日趋激烈的国际竞争中赢得战略主动。

Construct a market access system that is open and transparent, standardized and orderly, with equal competition, clear rights and responsibilities, and strong supervision.

构建开放透明、规范有序、平等竞争、权责清晰、监管有力的市场准入制度体系

In accordance with the target requirements of "open and transparent, standardized and orderly, equal competition, clear rights and responsibilities, and strong supervision," we should perfect the market access system to provide solid support for building a high-level socialist market economy system.

按照“开放透明、规范有序、平等竞争、权责清晰、监管有力”的目标要求，完善市场准入制度，为构建高水平社会主义市场经济体制提供坚实支撑。

"Open and transparent" requires the implementation of a nationally unified market access system that is coordinated between domestic and foreign capital, and the improvement of relevant information disclosure mechanisms. To improve the management model of the negative list for market access, it is necessary not only to achieve a single list covering all items and national unity, but also to strengthen the coordination of adjustments to domestic and foreign capital access policies. All market access management measures established by laws, administrative regulations, and local regulations, as well as temporary market access management measures established in accordance with law by provincial-level government rules, must be included in the nationally unified negative list for market access. All types of nationally prepared access lists and catalogues, as well as industrial policies, investment policies, environmental policies, land spatial planning, etc. that involve market access, must be incorporated into the management of the negative list for market access. Where access restrictions for foreign capital are relaxed, they must be simultaneously relaxed for domestic capital; where access thresholds are set for domestic capital without violating international agreements and commitments, they must be simultaneously applied to foreign capital. In addition, perfecting the market access system also requires strengthening information disclosure. The content of items on the negative list for market access, etc., must be fully disclosed to the public; for permission-based access items, local governments at all levels must publicly disclose legal and regulatory bases, technical standards, permission requirements, processing procedures and time limits; online disclosure of the processing of intermediary services related to market access must be promoted; ensuring that the process of evaluating the effectiveness of market access is open and transparent.

“开放透明”要求实施全国统一、内外资协同的市场准入制度，完善相关信息公开机制。完善市场准入负面清单管理模式，不仅要实现一单尽列、全国统一，还要加强内外资准入政策调整协同。将法律、行政法规、地方性法规设定的市场准入管理措施，省区市政府规章依法设定的临时性市场准入管理措施，全部列入全国统一的市场准入负面清单。各类按要求编制的全国层面准入类清单目录和产业政策、投资政策、环境政策、国土空间规划等涉及市场准入的，全部纳入市场准入负面清单管理。对外资放开准入限制的，对内资同步放开；在不违反国际协定和承诺的前提下，对内资设定准入门槛的，对外资同步适用。此外，完善市场准入制度还要加强信息公开。市场准入负面清单事项内容等向社会全面公开；对许可准入事项，地方各级政府要公开法律法规依据、技术标准、许可要求、办理流程和时限；推动市场准入相关中介服务事项网上公开办理；确保市场准入效能评估过程公开透明。

"Standardized and orderly" requires formulating market access management measures in accordance with the law, and orderly relaxing access restrictions in the service industry. This requires that in areas where market access management is implemented, market ban measures or permission-based access management measures must be formulated in accordance with the law. Access to fully competitive fields should be opened up, and access restrictions on business entities should be significantly reduced. For service industries that do not involve national security or social stability and can improve the quality of supply through full market competition, access restrictions should be gradually eliminated; for industries involving important areas of people's livelihoods such as education, health, and sports, access restrictions should be cautiously relaxed, and access standards for industries such as elderly care, childcare, and disability assistance should be optimized. Unreasonable access restrictions on business entities in the service industry should be cleaned up. Requirements regarding qualifications, shareholding ratios, registered capital, employees, business premises, and business scope for business entities operating in the service industry should be relaxed. For the management of market access for new business forms and new fields, we cannot apply the traditional management model based on administrative approval. Instead, we must give full play to the role of the market mechanism, and following the principles and paths of standard leadership, scenario opening, market promotion, industry clustering, and system upgrading, we should optimize the market access environment by sector, improve access efficiency, and better promote the development of new quality productive forces.

“规范有序”要求依法制定市场准入管理措施，有序放宽服务业准入限制。这就需要在实施市场准入管理的领域，依法制定市场禁入措施或许可准入管理办法。放开充分竞争领域准入，大幅减少对经营主体的准入限制。对不涉及国家安全、社会稳定，可以依靠市场充分竞争提升供给质量的服务行业逐步取消准入限制；对涉及重要民生领域的教育、卫生、体育等行业，稳妥放宽准入限制，优化养老、托育、助残等行业准入标准。清理不合理的服务业经营主体准入限制。放宽服务业经营主体从事经营活动的资质、股权比例、注册资金、从业人员、营业场所、经营范围等要求。对于新业态新领域的市场准入管理，不能套用传统的以行政审批为主的管理模式，而要充分发挥市场机制作用，按照标准引领、场景开放、市场推动、产业聚集、体系升级的原则和路径，分领域优化市场准入环境，提高准入效率，更好促进新质生产力发展。

"Equal competition" requires ensuring that all types of business entities can enter areas outside the negative list equally in accordance with the law. This requires that, on the basis of implementing the negative list system for market access, it is strictly prohibited to illegally set up access permits outside the list, illegally add access conditions, independently formulate negative lists of a market access nature, or illegally set up access barriers in the process of implementing franchising, designated operations, testing and certification, etc.

“平等竞争”要求保障各类经营主体可依法平等进入清单之外的领域。这就需要在落实市场准入负面清单制度的基础上，严禁在清单之外违规设立准入许可、违规增设准入条件、自行制定市场准入性质的负面清单，或者在实施特许经营、指定经营、检测认证等过程中违规设置准入障碍。

"Clear rights and responsibilities" requires clarifying the adjustment procedures for market access management measures. Before new market access management measures are added or adjusted, the industry competent department should, in accordance with the principle of "who formulates, who is responsible," conduct its own assessment of necessity, safety, and effectiveness; after the assessment is passed, it should initiate the formulation or revision of laws, regulations, and rules in accordance with legal procedures. If it may cause sudden major risks in economic operation, temporary market access management measures may be adopted after reporting and approval.

“权责清晰”要求明确市场准入管理措施调整程序。市场准入管理措施新增或调整前，行业主管部门应按照“谁制定、谁负责”的原则自行开展必要性、安全性、有效性评估；评估通过后，依照法定程序提请制定或修订法律法规规章等。可能造成经济运行突发重大风险的，经报批后，可采取临时性市场准入管理措施。

"Strong supervision" requires establishing a comprehensive supervision system commensurate with the relaxation of market access. The scope of monopoly and competitive business of enterprises operating natural monopoly segments should be regulated to prevent relevant enterprises from using their monopoly advantages to extend into upstream and downstream competitive links or exclude and restrict market competition in upstream and downstream competitive links. Access supervision in the financial industry should be strengthened. The capacity and level of comprehensive market supervision should be enhanced, promoting the formation of a pattern of government supervision, enterprise self-discipline, industry self-regulation, and social oversight.

“监管有力”要求建立与放宽市场准入相适应的综合监管体系。对经营自然垄断环节业务企业开展垄断性业务和竞争性业务的范围进行监管，防止有关企业利用垄断优势向上下游竞争性环节延伸或排除、限制上下游竞争性环节的市场竞争。加强金融行业准入监管。提升市场综合监管能力和水平，推动形成政府监管、企业自觉、行业自律、社会监督的格局。

(The author is Deputy Director and Researcher of the Market Economy Research Institute of the Development Research Center of the State Council.)

（作者系国务院发展研究中心市场经济研究所副所长、研究员）

Online editor: Huihui

网络编辑：慧慧