Notice of the National Development and Reform Commission for Opinions on Liberalizing Certain Service Prices

国家发展和改革委员会关于放开部分服务价格意见的通知

Promulgating Institution: National Development and Reform Commission

Document Number: Fa Gai Jia Ge [2014] NO. 2755

Promulgating Date: 12/17/2014

Effective Date: 12/17/2014

颁布机关: 国家发展和改革委员会

文   号: 发改价格[2014]2755号

颁布时间: 12/17/2014

实施时间: 12/17/2014

To the Ministry of Justice, Ministry of Finance, Ministry of Housing and Urban-Rural Development, State Administration of Taxation, development and reform commissions and price bureaus of all provinces, autonomous regions and municipalities directly under the Central Government,

With a view to implementing the requirements laid down at the Third Plenary Session of the 18th CPC Central Committee and the arrangements made at the executive meeting of the State Council, bringing into play the decisive role of the market in resource allocation and improving the development of relevant service industries, the opinions on liberalizing some service prices subject to local price fixing administration are notified as follows:

  司法部、财政部、住房城乡建设部、国家税务总局，各省、自治区、直辖市发展改革委、物价局:

  为贯彻落实党的十八届三中全会精神，按照国务院常务会议部署，使市场在资源配置中起决定性作用，促进相关服务行业发展，现就放开部分地方实行定价管理的服务价格的意见通知如下:

1. The competent price departments of all provinces, autonomous regions and municipalities directly under the Central Government are supposed to make efforts to perform relevant procedures to liberalize the prices of the following seven items of services that have meet the conditions for competition.

(1)Accounting firm services: charges on audit services provided by accounting firms, i.e., charges on services such as examining accounting statements of enterprises and issuing audit reports, verifying capitals of enterprises and issuing capital verification reports, offering audit services in the merger, division and liquidation of enterprises and issuing relevant reports.

(2) Asset appraisal services: charges on statutory asset appraisal provided by asset appraisal institutions, i.e., charges on services of asset appraisal conducted as required by laws, regulations and relevant provisions of the State.

(3) Tax agent firm services: charges on tax-related authentication services provided by tax agent firms, i.e., charges on services such as the authentication on filing tax returns for the settlement and payment of enterprise income tax; the authentication on deducting the property losses of enterprises prior to income tax preparation; the authentication on making up losses prior to enterprise income tax preparation and the authentication on settlement of value-added tax on land.

(4) Lawyer services (excluding the defenses in criminal cases and the representation in some civil lawsuits, administrative lawsuits and State compensation cases): the charges on lawyer services shall be subject to market-regulated prices except for the charges on the following lawyer services provided by law firms and grassroots legal service institutions (including township and neighborhood legal service offices) to which government-guided prices shall apply: (i) acting as the defense counsels for the criminal suspects or defendants in criminal cases and agents of the private prosecutors to cases of private prosecution, or the victims to cases of public prosecution; (ii) acting as the agents in civil lawsuits and administrative lawsuits concerning the claims filed by citizens for pay for work, for compensation for work-related injury, for payment of maintenance for a parent, child, spouse, or any other dependent, for allowances for bereft families and social relief, and for social insurance benefits or minimum subsistence allowances, and acting as the agents in group lawsuits concerning safety accidents, environmental pollution, compensation (indemnity) for land requisition and housing demolition and relocation of residents and other group cases involving public interests; (iii) acting as the agents in the cases involving claims filed by citizens for State compensation.

(5) Real estate brokerage services: commissions received by real estate brokers for broker agency services as entrusted.

(6) Property services for non-indemnificatory houses: charges collected by property service enterprises from owners for the repair, maintenance and management of the non-indemnificatory houses and the ancillary facilities and equipment as well as relevant sites and the activities for safeguarding the environmental sanitation and relevant order within the areas of property management conducted in accordance with property service contracts as entrusted by owners. The service charges on the property management of indemnificatory houses, housing-reform houses and old residential districts and preliminary property management shall be subject to government-guided prices as decided by provincial competent price departments in conjunction with the administrative departments of housing and urban-rural development according to actual situation. If the charges on property services for indemnificatory houses are liberalized and subject to market-adjusted prices, the economic tolerance ability of the indemnified shall be taken into consideration and the subsidy mechanism shall be established at the same time.

(7) Parking services in residential districts: charges collected by property service enterprises or parking service enterprises for providing the owners or users of residential districts with the management of parking spaces, facilities and parking order according to the parking service contracts as entrusted by owners.

    一、对已具备竞争条件的以下7项服务价格,请各省、自治区、直辖市价格主管部门抓紧履行相关程序,放开价格。

  (一)会计师事务所服务。会计师事务所提供的审计服务收费,即:审查企业会计报表并出具审计报告、验证企业资本并出具验资报告、办理企业合并、分立、清算事宜中的审计服务并出具有关报告等服务收费。

  (二)资产评估服务。资产评估机构提供的法定资产评估收费,即:按法律法规和国家有关规定要求实施的资产评估服务收费。

  (三)税务师事务所服务。税务师事务所提供的涉税鉴证服务收费,即:企业所得税汇算清缴纳税申报鉴证、企业财产损失所得税前扣除鉴证、企业所得税税前弥补亏损鉴证、土地增值税清算鉴证的服务收费。

  (四)律师服务(刑事案件辩护和部分民事诉讼、行政诉讼、国家赔偿案件代理除外)。除律师事务所和基层法律服务机构(包括乡镇、街道法律服务所)提供的下列律师服务收费实行政府指导价外,其他律师服务收费实行市场调节价。1、担任刑事案件犯罪嫌疑人、被告人的辩护人以及刑事案件自诉人、被害人的代理人;2、担任公民请求支付劳动报酬、工伤赔偿,请求给付赡养费、抚养费、扶养费,请求发给抚恤金、救济金,请求给予社会保险待遇或最低生活保障待遇的民事诉讼、行政诉讼的代理人,以及担任涉及安全事故、环境污染、征地拆迁赔偿(补偿)等公共利益的群体性诉讼案件代理人;3、担任公民请求国家赔偿案件的代理人。

  (五)房地产经纪服务。房地产经纪人接受委托,进行居间代理服务收取的佣金。

  (六)非保障性住房物业服务。物业服务企业接受业主的委托,按照物业服务合同约定,对非保障性住房及配套的设施设备和相关场地进行维修、养护和管理,维护物业管理区域内的环境卫生和相关秩序的活动等向业主收取的费用。保障性住房、房改房、老旧住宅小区和前期物业管理服务收费,由各省级价格主管部门会同住房城乡建设行政主管部门根据实际情况决定实行政府指导价。放开保障性住房物业服务收费实行市场调节价的,应考虑保障对象的经济承受能力,同时建立补贴机制。

  (七)住宅小区停车服务。物业服务企业或停车服务企业接受业主的委托,按照停车服务合同约定,向住宅小区业主或使用人提供停车场地、设施以及停车秩序管理服务所收取的费用。

2. All provinces, autonomous regions and municipalities directly under the Central Government shall, when liberalizing the service prices for the above seven items of services, require all operators to strictly observe the Price Law and other laws and regulations, conduct business operation in compliance with the law, and provide consumers, etc., with qualified services at reasonable prices. Such business operators shall be required to strictly implement the system of clearly marking the prices for services and make public the price list, complaint report hotline and other information in an eye-catching location at its business premises and shall neither make use of their advantageous positions to compulsorily provide services and charge fees or collect fees without providing services or provide less services while collecting more fees nor collect any unmarked fees beyond the marked prices.

    二、各省、自治区、直辖市在放开上述7项服务价格时,应要求各经营者严格遵守《价格法》等法律法规,合法经营,为消费者等提供质量合格、价格合理的服务;严格落实明码标价制度,在经营场所醒目位置公示价目表和投诉举报电话等信息;不得利用优势地位,强制服务、强制收费,或只收费不服务、少服务多收费;不得在标价之外收取任何未予标明的费用。

3. All competent departments of relevant industries shall strengthen the supervision and administration of the service activities of relevant business operators in their respective industries in accordance with the requirements of this Notice. They shall establish sound service standard specifications, improve industrial entry and exit mechanism, create open and fair market environment for market subjects. They shall strictly comply with the Anti-monopoly Law and other relevant laws and regulations and shall not restrict services, designate services or withhold price-fixing right with any reasons.

    三、各有关行业主管部门要按照本通知要求,加强对本行业相关经营主体服务行为监管。要建立健全服务标准规范,完善行业准入和退出机制,为市场主体创造公开、公平的市场环境,引导行业健康发展。要严格遵守《反垄断法》等法律法规,不得以任何理由限制服务、指定服务,或截留定价权。

4. The competent price departments at all levels shall, according to the requirements of this Notice and based on the revisions to local pricing catalogue, check and repeal relevant documents on service prices promulgated and released in their respective regions, liberalize relevant service prices as soon as possible and ensure that relevant policies are properly publicized and interpreted. They shall strengthen the supervision and administration over pricing activities at relevant service market, investigate and punish price increase collusion, price fraud and other unfair pricing activities in a stern manner pursuant to the law, safeguard normal market pricing order, maintain the basic stability of price level and protect the lawful rights and interests of market subjects.

National Development and Reform Commission

December 17, 2014

    四、各级价格主管部门要按照本通知要求，结合修订地方定价目录，清理废止本地区制定出台的相关服务价格文件，尽快放开相关服务价格，并做好政策宣传解释工作。要依法加强对有关服务市场价格行为的监管，坚决依法查处串通涨价、价格欺诈等不正当价格行为，维护正常市场价格秩序，保持价格水平基本稳定，保障市场主体合法权益。

  国家发展改革委

  2014年12月17日