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Three-Year Action Plan for Opening-Up and Reform in the Professional Service Sector
Date: 2019-08-20
Source: Beijing Municipal Commission of Development and Reform
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This Action Plan is formulated for the implementation of the All-round Pilot Projects for Further Opening-up in Beijing's Service Industry approved by the State Council [Guohan (2019)] No. 16]. It is aimed at promoting all-round reform and opening-up in professional services, as part of Beijing's plan for a new round of pilot programs for further opening up in the service sector, to benchmark against top international standards, and help achieve Beijing's strategic position as the country's center for politics, culture, science and innovation, and international communications.

The professional services referred to in the Action Plan mainly include law, accounting, conventions and exhibitions, designing, patents and human resources. The Action Plan focuses on four areas: lowering the market entry threshold; facilitating mutual recognition of qualifications; tackling weak areas in development; and building a global service network.

Its overall goal is to pursue important progress in professional services through three years of efforts in opening up and reform, for increased professional services from both domestic and international firms, more openness in different sectors, a new mechanism for professional services that covers different areas, and increased international cooperation in professional services. Beijing will also bring in a number of leading professional service firms, and help build up regional and platform projects that may have an international impact. These efforts will bring Beijing to a higher level of development and allow it to be in an advantageous position in international competition, trade and world economy. In 2019 a policy framework will be formed for all round reform and opening up in professional services at different levels and in broad areas; in 2020 a number of institutional norms and standards and project cooperation platforms will be established, in line with international rules and practices; and in 2021, two or three comprehensive demonstration zones of professional services will be built, each with distinctive sectorial features, hosting leading firms with all the necessary resources and supporting facilities, to build up experiences of opening-up and innovation.

I. Lowering the Market Entry Threshold

1. Plans will be made to establish an international consortium of professional services. (1) To pursue joint development of professional service agencies from Beijing, Hong Kong and Macao in such areas as accounting and auditing, management consulting, dispute settlement, intellectual property rights and architectural designing. Efforts should be made to establish a mechanism for Hong Kong and Macao professionals to practice in Beijing with a list of projects for cooperation and joint development. (Time of Completion: implementation will start in different areas at the end of December 2019 and continue thereafter; Responsible Organizations: Municipal Finance Bureau, Municipal Intellectual Property Bureau, Municipal Commission of Planning and Natural Resource, and Municipal Office of Hong Kong and Macao Affairs.) (2) To increase international cooperation of professional service agencies, with primary focus on architectural designing and the development of professional services in the form of consortium. (Time of Completion: implementation will start at the end of December 2019 and continue thereafter; Responsible Organizations: Municipal Commission of Planning and Natural Resource and Municipal Office of Hong Kong and Macao Affairs.) (3) To start pilot programs for joint ventures of Hong Kong, Macao and inland law firms in Beijing. Measures will be developed for the establishment of such joint ventures which will provide legal services as joint law firms. (Time of Completion: December 2019; Responsible Organization: Municipal Judicial Bureau.)

2. Implementing pilot projects whereby domestic law firms will be allowed to hire attorneys of foreign nationality as legal counsels. Qualifications for foreign attorneys hired through the pilot programs can be based on a lower requirement instead of the minimum of 3 years of professional experiences in a legal firm outside China, in an effort to properly increase the number of foreign hires for domestic law firms. (Time of completion: pilot will start at the end of December 2019 and continue thereafter. Responsible organization: Municipal Judicial Bureau.)

3. Supporting the establishment of solely foreign-owned human resources service agencies in Beijing. Measures will be developed for the administration of solely foreign-owned human resources service agencies and policy support will be given to internationally renowned headhunters registered in Beijing. (Time of Completion: December 2019; Responsible Organizations: Municipal Human Resources and Social Security Bureau and Municipal Finance Bureau.)

4. Lifting restrictions on the requirements for foreign investors set by investment certification agencies. Foreign investors will no longer be required to possess certification from the certification institutions of their resident countries or regions or must have more than three years of business experience in certified activities before they can get the certification from the Chinese foreign investment certification agencies. (Time of Completion: implementation will start by the end of December 2019 and continue thereafter; Responsible Organizations: Municipal Administration of Market Regulation, Municipal Bureau of Commerce and Administrative Commission of CBD, Beijing.)

5. Relaxing the terms of application for establishing investment companies by foreign investors. Assets requirement for foreign investor will be lowered to no less than US$200 million in the year prior to the application, and the foreign investor will no longer be required to have established a specific number of businesses in China before its application.(Time of Completion: May 2019; Responsible Organizations: Municipal Bureau of Commerce and Municipal Administration of Market Regulation)

II. Mutual Recognition of Qualifications

6. Relaxing the requirements on qualifications of Hong Kong and Macao professionals. (1) To formulate administrative measures for Hong Kong and Macao professionals who practice in such areas as finance, construction and planning (except those prohibited by existing state laws and regulations). Professionals with Hong Kong or Macao qualifications will be allowed to provide professional services in Beijing within the prescribed scope, after filing a notice with relevant departments or agencies. (Time of Completion: December 2019; Responsible Organizations: Municipal Human Resources and Social Security Bureau, Municipal Commission of Housing and Urban-Rural Development, Municipal Commission of Planning and Natural Resources, Municipal Banking and Insurance Regulatory Bureau, and Municipal Securities Regulatory Bureau.) (2) To look into the possibility of an evaluation model that allows “three certificates with one examination” for professionals to practice in Beijing, Hong Kong and Macao (professionals can obtain the national qualification certification, Hong Kong and Macao certification, and international certification through one examination). Their professional experiences in Hong Kong and Macao should be regarded the same as in inland so as to facilitate cross-border practice by professionals from Beijing, Hong Kong and Macao. (Time of Completion: exploratory implementation will start at the end of December 2021 and continue thereafter; Responsible Organizations: Municipal Human Resources and Social Security Bureau and other relevant departments.)

7. Permission will be granted to engineering and technical professionals from Hong Kong, Macao, Taiwan and foreign countries to obtain corresponding professional qualifications in China and register for business in Beijing. (1) Efforts will be made to allow foreign engineering and technical professionals to take professional qualification examinations for certified architects, structural engineers, constructors, cost engineers and construction supervisors in China, in the principle of reciprocity. (Time of Completion: implementation will start by the end of December 2020 and continue thereafter; Responsible Organizations: Municipal Human Resources and Social Security Bureau, Municipal Commission of Planning and Natural Resource, and Municipal Commission of Housing and Urban-Rural Development.) (2) Hong Kong engineering and technical professionals who have obtained qualifications recognized in both the inland and Hong Kong in engineering and construction are encouraged to register and practice in Beijing. They are also encouraged to apply for business qualifications as technical professionals. (Time of Completion: implementation will start by 2019-2021 and continue thereafter; Responsible Organizations: Municipal Commission of Planning and Natural Resources and Municipal Commission of Housing and Urban-Rural Development.)

8. Permission will be granted to professionals from Hong Kong, Macao, Taiwan and foreign countries to acquire professional titles in Beijing. There should be no restrictions on the ground of nationality or personal status and professionals from Hong Kong, Macao and Taiwan and foreign professionals with Chinese work permits should be allowed to take part in the evaluation for professional titles in Beijing. They may take  examinations and apply for professional titles in Beijing if they meet relevant requirements. (Time of Completion: June 2019; Responsible Organizations: Municipal Human Resources and Social Security Bureau.)

III. Tackling the Weak Areas in Development

9. Establishing a new mechanism for professional services that cover different areas. Assistance will be provided to help set up firms that provide comprehensive professional services that cover the whole process, the complete industrial chain, across different areas, in sole or joint operation. (Time of Completion: to be completed between 2019-2021; Responsible Organizations: Municipal Judicial Bureau, Municipal Commission of Development and Reform, Municipal Commission of Planning and Natural Resources, Municipal Commission of Housing and Urban-Rural Development, and Municipal Human Resources and Social Security Bureau.)

10. Establishing and improving the legal liability system in the field of professional services. An improved system will be put in place for rights and responsibilities of professional service agencies and practitioners in areas such as law and designing. (Time of Completion: implementation will start by the end of December 2020 and continue thereafter; Responsible Organizations: Municipal Judicial Bureau and Municipal Commission of Planning and Natural Resources.)

11. Building up essential resources for international professional service. (1) To invite a number of international professional service agencies to set up offices in Beijing with services in law, accounting, engineering consulting, finance and insurance, risk prevention and control, dispute settlement, etc., and to launch representative projects that will assist Chinese businesses in their international operations, in areas such as project identification, risk management and dispute settlement. (Time of Completion: December 2019; Responsible Organizations: Municipal Investment Promotion Bureau, Municipal Bureau of Commerce and other competent departments.) (2) To facilitate the development of the Beijing Human Resources Service Park, which will host a number of leading domestic and foreign human resources service agencies. (Time of Completion: Implementation will start by the end of December 2019 and continue thereafter; Responsible Organizations: Municipal Human Resources and Social Security Bureau.) (3) To adopt policies that will completely lift restrictions on foreign capital in the area of engineering designing, and support the establishment and development of a number of foreign-invested engineering designing firms in Beijing. (Time of Completion: implementation will start by the end of December 2020 and continue thereafter; Responsible Organization: Municipal Commission of Planning and Natural Resources.)

12. Building up a convention and exhibition sector with international visibility. (1) To support leading exhibition operators in forming international exhibition groups through acquisition, merger, share-holding or joint ventures. More will be done through industrial associations to bid for hosting annual meetings of international organizations and exhibitions. Efforts will be made to form one exhibition group with an international outreach and to hold as many as 180 international exhibitions. (Time of Completion: December 2019; Responsible Organizations: Municipal Commerce Bureau, Municipal Council for the Promotion of International Trade, Municipal Foreign Affairs Office, and Municipal Culture and Tourism Bureau.) (2) To put more emphasis on the development of an international convention and exhibition industry in the airport economic zone of Beijing Daxing International Airport and in the second and third phase of the China International Exhibition Center, with major exhibitions in aviation, scientific and technological services, and service trade. (Time of Completion: to be completed between 2019 and 2021; Responsible Organizations: Municipal Commerce Bureau, Municipal Commission of Planning and Natural Resources, and Municipal Commission of Development and Reform.)

13. Promoting the standardization of the service sector. Businesses and industrial organizations will be encouraged to lead or participate in the formulation and revision of international standards, national standards and industrial standards. Guidance will be provided to trade associations, chambers of commerce and other social organizations for them to formulate and apply group standards and implement a system for industry self-declared service standards, in order to establish a “Beijing Standard” that can be replicated and disseminated. Pilot projects for standardization in the field of professional services will be implemented. (Time of Completion: December 2019; Responsible Organizations: Municipal Administration of Market Regulation and other relevant departments.)

14. Bringing in more international talent for professional services.(1) To cooperate with renowned international human resource service agencies in the form of service authorization, entrustment, sponsorship or purchase, establish a list of skillful professionals in high demand and set up a data base of professional service technical personnel in different fields and industries. (Time of Completion: December 2019; Responsible Organizations: Municipal Human Resources and Social Security Bureau, Municipal Administration of Talents, and Municipal Finance Bureau.) (2) To launch demonstration projects in key enterprises and public institutions for the employment of skillful young professionals and management trainees from other countries. Hiring criteria will be lowered to some extent for urgently needed professionals. (Time of Completion: implementation will start by the end of December 2019 and continue thereafter; Responsible Organizations: Municipal Human Resources and Social Security Bureau, Municipal Administration of Talents, and Municipal Public Security Bureau.) (3) To provide international professional service personnel with the access to the “green channel”, a fast track approach set up in Beijing for hiring highly skilled professionals. They include: professionals who have the global perspective, with knowledge in the rules and procedures of international business, law, finance and technology transfer; senior professional service personnel employed by large size enterprises set up with investment from foreign countries or from Hong Kong, Macao and/or Taiwan; and professionals on important posts in intellectual property service institutions, financial institutions, human resources service agencies, law firms, accounting firms and other scientific and technological innovation service entities in Beijing Municipality. (Time of Completion: September 2019; Responsible Organizations: Municipal Human Resources and Social Security Bureau, Municipal Science and Technology Commission, and Municipal Administration of Talents).

IV. Building a Global Service Network

15. Faster pace in the building of a network of overseas service partners. Further efforts will be made to enhance collaboration with Chinese embassies and consulates in foreign countries, foreign chambers of commerce, and international organizations, and with relevant economic and trade institutions and business associations in major cities around the world and in sister cities of Beijing. Assistance will be provided for the establishment of overseas branches in accounting, auditing, appraisal, credit law, consulting, advertising, and intellectual property rights. (Time of Completion: to be completed between 2019 and 2021; Responsible Organizations: Municipal Commerce Bureau, Municipal Foreign Affairs Office, and Municipal Council for the Promotion of International Trade).

16. Implementing a number of international platform programs for integrated services. (1) To establish a “Belt and Road Initiative” two-way investment platform, and facilitate the effective functioning of multilateral industrial and commercial cooperation mechanisms such as the Rounds Table Meeting of Chairmen of Chambers of Commerce of Capital Cities of China and Central and Eastern European Countries and the Joint Meeting of Chairmen of Chambers of Commerce of Major International Cities. Support will be provided to the establishment of overseas service operations run by non-public economic entities. (Time of Completion: to be completed between 2019-2021; Responsible Organizations: Municipal Investment Promotion Bureau, Municipal Council for the Promotion of International Trade, and Municipal Federation of Industry and Commerce). (2) To set up Beijing international economic and trade service centers overseas, with the goal for more than ten such centers by 2020. (Time of Completion: to be implemented between 2019-2020; Responsible Organizations: Municipal Commerce Bureau and other relevant departments). (3) To promote the development of the “Belt and Road Initiative” service mechanism, and set up a globally shared service platform. Support will be provided to the establishment of the headquarters of “Belt and Road Initiative” service mechanism in Beijing. (Time of Completion: to be implemented between 2019-2020; Responsible Organizations: Municipal Judicial Bureau and other departments concerned).

Responsible Organizations for the opening-up and reform measures as listed above should focus on the implementation, and follow up on their progress, and for any issue that may occur. Efforts should be made to accelerate the adoption in Beijing of policies that have already been implemented in the free trade zones. The organizations should take the initiative to consult relevant state ministries and commissions for policies they may need for addressing major issues. In the meantime, they should make sure that their policies are aligned with the updated negative list for foreign investment and the foreign investment law, with the necessary adjustments and preparation for  innovative policies for a new round of pilot programs for further opening up in service sector.

翻译:北京第二外国语学院 张颖 徐明强