Beijing Municipal Administration for Market Regulation

Beijing Municipal Administration for Market Regulation implements the guidelines, policies, decisions and arrangements of the CPC Central Committee on market regulation and relevant work requirements proposed by the municipal Party committee, and adheres to and strengthens the centralized and unified leadership of the Party on market regulation in the course of performing its duties. Its main duties include:

1. The comprehensive supervision and administration of municipal market of Beijing. Specifically, it is responsible for implementing the laws at national-level, rules and regulations on market supervision and administration; drafting the relevant local and governmental regulations of Beijing; formulating relevant rules, policies and standards and organizing the implementation thereof; regulating its operation and its orderly running and maintaining the order in the market, and creating a fair market with market integrity.

2. The unified registration of market entities in Beijing. Specifically, it is responsible for the registration of market entities, including different types of enterprises, professional farmers' cooperatives, entities engaging in business activities, individual businesses, as well as foreign-invested enterprises and their branches authorized to register and resident representative offices of foreign (regional) enterprises entrusted to register by the State Administration for Market Regulation; and for establishing an information publication and sharing mechanism for market entities, publishing and sharing relevant information in accordance with the law, strengthening credit regulation and promoting the building of the market entity credit system.

3. Organization and guidance of the comprehensive law enforcement for market regulation in Beijing. Particularly, it is responsible for building comprehensive law enforcement teams for market regulation and promoting the implementation of unified market regulation; organizing the investigation and handling of major cases in violation of laws; and regulating the administrative law enforcement for market regulation.

4. Unified anti-monopoly law enforcement in Beijing. Particularly, it is responsible for planning and promoting the implementation of competition policies, and guiding the implementation of a fair competition review system; and for undertaking the anti-monopoly law enforcement work authorized by the State Administration for Market Regulation.

5. Supervision and administration of the market order in Beijing. Particularly, it is responsible for supervising and administering market trading, online commodity trading, and service-related activities in accordance with the law; for guiding the investigation and punishment for noncompliance in pricing and charging, unfair competition, illegal direct selling, pyramid schemes, infringement of trademarks, patents and intellectual property rights, and production and sale of counterfeit and shoddy commodities; for guiding the development of the advertising industry and supervising and administering advertising activities; for guiding the investigation and penalization of unlicensed production and operation and other activities related thereto; for guiding Beijing Consumer Association in conducting the work on protecting the rights of the consumers; for functioning as the leading group to routinely combat infringement of intellectual property rights and production and sale of counterfeit and shoddy commodities in Beijing.

6. Macroscopic quality control. Particularly, it is responsible for formulating and implementing regulations and measures for quality development; planning the construction and application of quality infrastructure; guiding the implementation of a supervisory system for the quality of major engineering equipment in conjunction with relevant authorities; organizing the investigation on major quality-related accidents; implementing in a unified manner a defective product recall system; and supervising and administering the anti-counterfeiting work in production.

7. The supervision and administration of the quality assurance work in Beijing. Specifically, it is responsible for administering the monitoring of quality risks in production and the local supervision and sampling inspection work; for establishing and organizing the implementation of a quality grading system and a traceability system for product quality and safety; for guiding the administration of production permission for industrial products; and for supervising fiber quality.

8. The supervision and administration of safety of special equipment in Beijing. Particularly, it is responsible for comprehensively administering the safety inspection and supervision of special equipment and conducting supervisory inspection on the implementation of energy-saving standards for high-energy-consuming special equipment and environmental protection standards for boilers.

9. The comprehensive coordination of supervision and administration of food safety in Beijing. Particularly, it is responsible for organizing the development and implementation of major food safety policies; for establishing a food safety emergency response system, and organizing and guiding the investigation and handling of major food safety emergencies; for establishing and improving a direct reporting system for important information on food safety; for undertaking the specific work of Beijing Municipal Food and Drug Safety Commission and Beijing Municipal Food and Drug Safety Special Emergency Headquarters.

10. The supervision and administration of food safety in Beijing. Particularly, it is responsible for establishing an inspection system and a hidden risk screening and governance mechanism covering the whole chain from food production, circulation to consumption and organizing the implementation thereof, and preventing regional and systemic food safety risk; for promoting the establishment of a mechanism for food producers and operators to shoulder primary responsibility and improving the food safety traceability system; for organizing and carrying out supervision and sampling inspection of food safety, risk monitoring, audit and handling, early risk warning and exchanges of risk information; and for guiding the implementation of registration, filing, supervision and administration of special food.

11. The unified administration of measurement in Beijing. Particularly, it is responsible for promoting the application of the statutory measurement units and the national metrology system; for administering the measurement instruments and the transmission and comparison of measurement values; and for regulating and supervising the volume of goods and market measurement.

12. Being responsible for unified administration of standardization in Beijing Municipality. Formulating standards in planning, organizing the formulation and implementation of local standards, and evaluation of their implementation.

13. The unified administration of inspection and testing in Beijing. Particularly, it is responsible for advancing the reform of inspection and testing institutions, regulating the inspection and testing market, improving the inspection and testing system, and guiding and coordinating the development of the inspection and testing industry.

14. It is responsible for supervising the certification activities in Beijing in accordance with the laws, pursuant to the authorization of the national certification and accreditation supervision and administration authority.

15. It is responsible for the construction work of science & technology and information concerning market regulation, news release and publicity, and international exchanges and cooperation in Beijing; and for undertaking the work related to technical trade measures according to the provisions.

16. It is responsible for managing Beijing Medical Products Administration.

17. It is responsible for performing other tasks assigned by the municipal Party committee and the municipal government.

18. Transformation of functions

A. To vigorously quality improvement vigorously. Specifically, it is responsible for strengthening the comprehensive quality administration and the building of a quality infrastructure system, improving the quality incentive system and promoting the brand building; for accelerating the establishment of a compulsory reporting system for enterprises' product quality accidents and a first response and compensation prepayment system for operators, innovating third-party quality evaluation, strengthening the primary responsibility of producers and operators, and promoting advanced quality management methods; and for fully implementing the disclosure and supervision system for enterprises' self-declarations of product and service standards, fostering and developing technologically advanced group standards, benchmarking international standards to raise the overall level of municipal standards and boosting the building of a quality power with standardization.

B. To advance streamlining of administrative procedures and decentralization of powers. Particularly, it is responsible for deepening the reform of the business system, reforming enterprise name confirmation, market entity exit and other systems, deepening the reform of "separating permits from business license," boosting "reduction of permits after issuance of business license," and shortening the time for establishment of an enterprise; for accelerating the market-oriented and society-based reform of inspection and testing institutions; and for further reducing appraisal and compliance, recognition and rewards, demonstration and building and other activities, reducing administrative approval items, substantially cutting industrial product production permits, and promoting the optimization of the business environment.

C. To strictly carry out quality assurance. Specifically, it is responsible for following the requirements of "the most stringent standards, the strictest regulation, the severest punishment, and the most serious accountability," strengthening the regulation of food safety, industrial product quality assurance, and special equipment safety according to the law, enhancing on-site inspection, toughly punishing violations of laws and regulations, effectively preventing systemic risk, and reassuring the general public about product and food safety.

D. To strengthen interim and ex-post regulation. Particularly, it is response for accelerating the clean-up and abolishment of various provisions and practices that obstruct the development of national unified market and the fair competition and strengthening unified anti-monopoly and anti-unfair competition law enforcement; for strengthening standard-based regulation, enhancing risk management, comprehensively implementing the policies to "select subjects and inspectors randomly and disclose the information publicly" and adopt the mode of "Internet + regulation," accelerating the regulatory information sharing, and establishing a new type of market regulation system with information disclosure as the means for regulation and the credit regulation as the focus.

E. To improve services. Specifically, it is responsible for accelerating the integration of such cases as consumer complaining, quality supervision reporting, food and drug-related complaining, intellectual property right-related complaining and price reporting lines; and for advancing the facilitation in the whole process from market participants' entry into to exit from the market, taking the initiative to serve the development of new technologies, industries, business types and modes, using big data to strengthen the services for market entities, actively serving individual businesses, private enterprises and the general public, and promoting mass entrepreneurship and innovation.

19. Division of relevant responsibilities.

A. Assignment of responsibilities with Beijing Municipal Public Security Bureau. The municipal administration for market regulation and the municipal public security bureau shall establish a mechanism for linking administrative law enforcement and criminal justice operations. If the market regulatory authority suspects that an illegal act constitutes a crime, it shall promptly transfer it to the public security authority in accordance with relevant provisions, while the public security authority shall quickly conduct an examination and decide in favor of or against filing the case in accordance with the law. If the public security authority legally requests the market regulatory authority to provide assistance in the operations such as inspection, appraisal and accreditation, the market regulatory authority shall do so according to the law. If the public security authority finds a suspected case in violation of administrative laws and transfers it to the market regulatory authority for investigation, the market regulatory authority shall accept and register it, and feed back the administrative handling result in a timely manner after the decision is made.

B. Assignment of responsibilities with Beijing Municipal Bureau of Agriculture and Rural Affairs. The municipal bureau of agriculture and rural affairs shall be responsible for the supervision and administration of the quality and safety of edible agricultural products at planting and cultivating stages and before their entry into wholesale and retail markets or production and processing enterprises;  after edible agricultural products enter wholesale and retail markets or production and processing enterprises, they shall be subject to the supervision and administration by the municipal administration for market regulation. The municipal bureau of agriculture and rural affairs shall be responsible for the supervision and administration of quality and safety in prevention and control of animal and plant diseases, livestock and poultry slaughtering and raw milk purchase. The two authorities shall establish a production place exit, market access and traceability mechanism for food safety, strengthen coordination, cooperation and working linkage, and form a synergy of regulation.

C. Assignment of responsibilities with Beijing Municipal Health Commission. The municipal health commission shall be responsible for food safety risk assessment and, in conjunction with the municipal administration for market regulation and other authorities, developing and implementing food safety risk monitoring plans. If the municipal health commission discovers a food safety risk through monitoring or receiving reports that there may be a potential food safety risk, it shall immediately organize an inspection and food safety risk assessment and promptly notify the municipal administration for market regulation of the results of the food safety risk assessment. In the event of a food on which a not-safe conclusion is drawn, the municipal administration for market regulation shall take immediate measures. If the municipal administration for market regulation finds in the supervision and administration that a food safety risk assessment is needed, it shall promptly propose recommendations to the municipal health commission.

D. Division of responsibilities with the municipal medical products administration. The municipal medical products administration shall be responsible for conducting permission, inspection and punishment work for drugs, medical devices and cosmetics at their production stage, issuing permission for drug wholesale, issuing permission to retail chain headquarters, and conducting relevant work associated with the third-party online sales platform, such as documentation, inspection and punishment. The market regulatory authorities of all districts shall be responsible for conducting permission, inspection and punishment work for drug retail and medical device operations, as well as the quality inspection and punishment of cosmetics operations and the use of drugs and medical devices.