■ Press conference on epidemic prevention and control of Guangdong Information Office

On March 25th, the provincial government information office held a press conference, focusing on the comprehensive resumption of work and production of individual industrial and commercial households in our province. By the 24th, there were 12.747 million market players in the province, including 7.162 million individual industrial and commercial households, accounting for 56% of the total market players in the province, driving the employment population to exceed 15 million.

in order to accelerate the resumption of production and market for individual industrial and commercial households in our province, the provincial market supervision bureau, together with nine departments including the provincial development and reform commission, the finance department and the human resources and social welfare department, has worked out a number of policies and measures to increase support for individual industrial and commercial households in response to the epidemic situation (hereinafter referred to as "policy measures"), and put forward 23 support measures from four aspects: reducing operating costs, increasing financial relief, inclusive and prudent supervision, and strengthening service guarantee.

● reporter from nanfang daily? Gong Chunhui Wang Jiaxin Huang Hongji

Point 1

Self-employed individuals who rent state-owned assets for business premises can get a 1-month rent reduction

"Individual industrial and commercial households are the smallest' molecules' in the market, but they are the largest group in the market." Mai Jiaomeng, director of the Provincial Market Supervision Bureau, said that in terms of reducing operating costs, the "Policy Measures" proposed a number of measures, such as reducing venue rent, reducing tax burden, reducing social security fees, reducing medical insurance fees, reducing service charges, reducing water and electricity prices, and increasing support for "individual enterprises". Overall consideration is given to reducing the production and operating costs of individual industrial and commercial households.

in view of the issue of reducing or exempting the venue rent, the Policy and Measures proposes that individual industrial and commercial households that lease state-owned assets for business premises, which are greatly affected by the epidemic, will be exempted from the first month's rent and charged with the second and third months' rent by half. Owners who have reduced or exempted the rent for more than two months for individual industrial and commercial households will be given difficulty in reducing or exempting property tax and urban land use tax according to the number of months of rent reduction.

"At present, many trade associations and chambers of commerce have actively played the role of a bridge and solved the problem of rent reduction for some self-employed individuals." For example, Mai Jiaomeng, in Tianhe District, Guangzhou, the private association coordinated the market unification and reduced the rent and management fee for two months for the operating households according to the standards of state-owned enterprises; In Heshan City, Jiangmen, a group of individual and private enterprises reduced or exempted rents for more than 411 individual industrial and commercial households, amounting to more than 12 million yuan.

how to reduce the tax burden of individual industrial and commercial households? The "Policy Measures" clarify that from March 1 to May 31 this year, the rate of VAT collection for small-scale taxpayers will be lowered from 3% to 1%. At the same time, the income obtained by individual industrial and commercial households from providing public transportation services, living services and providing residents with express delivery services of necessary living materials is exempt from value-added tax.

In terms of increasing financial relief, the Policy Measures put forward some measures, such as allowing the repayment of principal and interest to be postponed, increasing financing arrangements, and strengthening the role of state-owned enterprises in helping and driving, to help individual industrial and commercial households to alleviate the cash flow pressure. Individual industrial and commercial households are affected by the epidemic and have operational difficulties. For the loan principal due since October 25th this year and the loan interest to be paid from October 25th to June 31th this year, they can apply to the bank for an extension of debt service.

in view of the difficulty in obtaining loans from individual industrial and commercial households, local corporate banks will also increase special credit lines and provide preferential interest rate loans to individual industrial and commercial households, so as to make loans as fast as possible. Guangdong SME financing platform has set up a special window for individual industrial and commercial households to facilitate users to apply for loans online.

"In order to create a relaxed market environment for the production and operation of individual industrial and commercial households, the Policy Measures proposes to implement inclusive and prudent supervision, including extending the validity period of licenses, prudently managing abnormal lists, reducing restrictions on business premises, and exempting individual operators from registration according to law." Mai Jiaomeng said that in line with the idea of urgent need first, if individual industrial and commercial households fail to handle the change, extension and annual review of various administrative licenses on time due to the epidemic, they can go through the relevant procedures within 31 days after the epidemic is lifted. During this period, the relevant licenses will continue to be valid and will not affect production and operation.

In addition, in terms of strengthening the service guarantee for self-employed, the Policy Measures put forward some policies, such as alleviating the employment problem, opening up the "last 111 meters" of express delivery, unblocking the channels for solving claims, and developing rights protection services, so as to solve the problems that individual industrial and commercial households are difficult to solve through collective assistance. For example, in alleviating the employment problem, industry associations, intermediaries, transportation enterprises and other organizations are encouraged to organize peer-to-peer special cars and special trains to help migrant workers from different places return to Guangdong to return to their posts.

"Recently, a series of policy measures' combination boxing' have begun to show results, and individual industrial and commercial households have undergone gratifying changes in their resumption of work and production." Mai Jiaomeng said that according to the sample statistics of the Provincial Association of Self-employed Workers, the return-to-work rates of industries such as agricultural trade, food and epidemic prevention supplies, which guarantee daily life supply, are relatively high, all exceeding 97%. In the past five weeks (from February 17 to March 22), the number of newly registered individual industrial and commercial households in the province continued to rise, with 5511, 1111, 4111, 7911 and 9311 respectively, with an increase of 251% in the fifth week compared with the first week.

point 2

which tenants can get rent reduction? Three conditions must be met at the same time

What is the legal basis for individual industrial and commercial households to ask for rent reduction? Under what circumstances can rent be reduced or exempted? Xiao Shengfang, president of the Provincial Lawyers Association, introduced the "Several Policies and Measures on Supporting Enterprises to Resume Work and Production in Response to the Pneumonia Epidemic in Covid-19" issued by the provincial government, in which Article 9 stipulates that: State-owned assets business premises are exempt from the first month rent for private leased enterprises that are greatly affected by the epidemic and cannot operate normally, and the second and third month rents are charged by half; At the same time, other property owners are encouraged to appropriately reduce or exempt rents according to the actual situation.

"We should interpret and apply this document correctly." Xiao Shengfang pointed out that the application of this provision must meet three conditions at the same time: first, the lessee must be a private enterprise; Second, the subject matter of the lease must be state-owned assets; Third, it must be used for business purposes, and the business behavior is greatly affected by the epidemic and cannot be operated normally.

for property lease contracts that meet the application conditions of the above-mentioned rent reduction and exemption policies, the lessee has the right to ask the lessor of state-owned assets to reduce or exempt the rent according to relevant policies, and the lessor of state-owned assets should also voluntarily fulfill the obligation of rent reduction and exemption according to the above-mentioned policies, and support private enterprises, especially individual industrial and commercial households, to resume their work according to law.

if the leased property is not a state-owned property, can the lessee ask for rent reduction? "This issue should be analyzed in detail." Xiao Shengfang said that if the business is not affected by the epidemic, the lessee's claim that rent reduction is unfounded and unreasonable, and naturally it is impossible to evade rent debt in the name of the epidemic; If the normal performance of the contract is really affected by the epidemic situation or the measures taken by the government and relevant departments to prevent and control the epidemic situation, and the parties claim to apply force majeure and request to be exempted from liability in part or in whole, one party to the contract shall be exempted from liability in part or in whole in accordance with the provisions of Article 181 of the General Principles of Civil Law, Article 117 and Article 118 of the Contract Law. "In some industries, such as the catering industry, after the expiration of the period of restricting the resumption of work, the government departments stipulate that it is not allowed to eat in the hall because of the need of prevention and control, which means that the leased property can be used, but the use is objectively affected by prevention and control. At this time, the rent reduction and exemption can be determined according to the epidemic situation or the specific situation of prevention and control measures, according to the principle of fairness and the principle of changing the situation."

Xiao Shengfang also pointed out that rent reduction is not a unilateral decision of the lessee, and the process and result will naturally affect the rights and interests of the lessor, and rent reduction must be carried out according to law. "If the contract is not changed through legal procedures or consensus, then the terms such as the amount of rent and the payment time agreed in the original contract are fully binding on the parties, which is the embodiment of the spirit of the contract. The so-called' private agreement between the people is like a law'. Therefore, unilaterally refusing to pay rent may constitute a breach of contract and will bear the corresponding liability for breach of contract. "

Point 3

Build an online platform to help small and micro garment enterprises open up sales

Guangdong is the largest garment province in China, accounting for 1.4 of the national garment production. Bu Xiaoqiang, president of the Provincial Garment and Apparel Industry Association, revealed that up to now, the number of shops opened in the key textile and garment professional market in our province has exceeded 61%, but problems such as decreased passenger flow of buyers, poor commodity circulation and tight liquidity still plague the market recovery, and the impact of the epidemic on the industry may last until August.

"Among the enterprises we investigated, 71% think that expanding product sales is the most urgent problem to be solved." Bu Xiaoqiang introduced that the association has launched the online consumption promotion action of "Guangdong Clothing Together", specifically from three aspects: building an online consumption promotion platform for "reading goods", carrying out small and micro enterprise empowerment actions, and carrying out offline consumption promotion activities.

"At present,' Reading Goods' has been launched on more than 311 Guangdong representative clothing brands, 15 online platforms including JD.COM, Tmall Overseas and 1688, and 11,111 campus trend promoters from 41 textile and garment merchants associations, 11 textile and garment professional markets, 39 media and more than 31 colleges and universities all over the province have also actively participated in it." Bu Xiaoqiang said that the "Cloud Classroom" launched by the Association has organized 23 online public welfare training activities, and launched a series of exclusive offers for Guangdong garment enterprises together with e-commerce platforms and professional service organizations such as JD.COM and Tmall.

At the press conference, Ji Leqin, the second inspector of the Provincial Health and Wellness Commission, reported the latest situation of epidemic prevention and control in our province. According to the notification of the epidemic prevention and control headquarters in COVID-19, Hubei Province, from March 25th, the control of the exit passage outside Wuhan was lifted, and the external traffic was resumed in an orderly manner, so that people leaving Hubei could flow safely and orderly with the green code of Hubei Health Code. From 1: 11 on April 8, Wuhan people leaving Han moved safely and orderly with the green code of Hubei health code.

Guangdong has promoted the information convergence and mutual recognition of "Yuekang Code" and Hubei Health Code. At present, people from Hubei who come to Guangdong log in to the "Guangdong saves trouble" applet to get the "Guangdong health code", and the results show that the people with the blue code can be used as valid vouchers for purchasing tickets, boarding the plane, passing through residential quarters and factory areas, and entering public management and service institutions. However, the Hubei health code and "Yuekang code" held by key people such as confirmed patients, suspected patients and close contacts in COVID-19, and high-risk county (city, district) personnel will be displayed as red codes, so it is temporarily not supported to come to and return to Guangdong.