As a three-term CPPCC member, Suningyun Group chairman Jindong This year submitted a number of proposals involving e-commerce supervision, foreign investment, personal information protection, e-government and logistics. Among them, he suggested that the control of the agreement should be defined as the merger behavior of the enterprise, and the Vie (Agreement control) should be brought into supervision.
"Protocol control" refers to the actual or potential economic source owned by an enterprise, but the enterprise itself has no complete control over this interest entity. This control method is because the domestic financing welcome difficult to support the development of Internet companies, while the Internet business (that is, telecom value-added services) has been restricted foreign access, so the lawyer designed this model to crack the "foreign investment" industry enterprises in the overseas listing problem.
Jindong said, should pay close attention to foreign capital, wary of them to the concept of industrial investment springboard, "not to industrial profits for the purpose, and the overseas listing premium set is now for the purpose of" profit model. Some analysts believe that Jindong's proposal directed at Alibaba, Beijing-east and other Internet companies, if the VIE is included in the regulation will have a significant impact on the companies.
Proposal I: Standardize the investment of foreign electric dealers
In Jindong view, the electric business enterprise relies on the overseas capital to prepare the overseas listing to become the trend, but the cooperation form most is the overseas capital through the Agreement control mode to participate in the domestic electric business. This mode will lead to the phenomenon of "business operation in domestic and overseas investment" in the electric business industry, which has great hidden danger to the development of the industry and the security of national economy. He analyzed that:
For the electric business industry, sales growth and sales scale is the basis for the overseas capital to define the investment value and valuation value of the electric business enterprise, so they only pay attention to the increase of business sales, but not to the profit ability of the business.
In this context, some of the electric enterprises to attract foreign capital, blindly pursue high growth rate, large-scale, resulting in the electric business industry has low investment efficiency, poor profitability, vicious competition and so on. As a result of the unilateral pursuit of high sales of vicious competition, not only will the online market into a disorderly state, will also spread to the offline, and even the retail industry into a war of words, price war mire, affecting the healthy development of the national economy.
For the national economy, electronic commerce is becoming more and more important to the development of national economy. However, there are hidden dangers in the control mode of foreign capital Agreement, because this mode is essentially the behavior of mergers and acquisitions, and the reality of "operating sales in China and investing in the overseas market" causes the operation of capital to be free from the supervision and management of the State and lack of effective supervision.
Jindong called on China's Ministry of Commerce and the Securities and Futures Commission to develop regulations for the VIE model as soon as possible. He suggested:
1, improve access to foreign investment supervision, the agreement is clearly defined as the enterprise mergers and acquisitions behavior, the agreement control mode into the regulatory departments of the management category to standardize.
2, broaden the domestic financing channels, at the policy level to support China's outstanding electric business enterprises in a A-share listing, to help the electricity business enterprises in the Territory can solve the financing needs.
3, the appropriate relaxation of domestic electricity business enterprises to directly market the conditions of foreign direct listing, to cultivate a truly world-renowned national electricity commodity brand.
"Everything is the unity of opposites, so we should think of the problem in a split, so that we can avoid a" one-size-fits-all "one-sided approach. "For the investment behavior of foreign electric dealers, we should strictly supervise and guide the parallel, so as to promote the orderly development of China's electric business industry and ensure the safe operation of the national economy," Jindong said. ”
Proposal II: The development of electricity dealers should be incorporated into the legal track as soon as possible
Over the past decade, China's E-commerce retail transactions with an annual growth rate of more than 40% per cent, the total size of 2012 has reached 1.2 trillion, accounting for the total social retail goods 7%, equivalent to the national chain hundred strong annual sales total.
Jindong that, behind the boom, e-commerce industry is also facing a number of challenges to sustainable development: 1. China's e-commerce transactions in the year 90% is in the form of Consumer-to-consumer to engage in business, a large number of transactions free from the existing legal supervision, there is a serious lack of supervision, law enforcement vacancy phenomenon. 2. Looking at the E-commerce industry, there are unregistered operations, non-tax sales, counterfeit products flooded and other phenomena, to bring unfair competition to the industry, but also undermine the normal market management system.
"These problems are inconsistent with China's international status and violate the direction of the development of China's modern service industry, which is not conducive to the adjustment of China's economic structure and the change of growth mode." "Jindong said that E-commerce transactions relative to the entity transactions, with process transparency, process online characteristics, as long as the strengthening of industry and commerce, quality supervision, price, tax and other e-government docking, can effectively standardize the electronic commerce market order, eliminate disorderly competition, damage the industry fair development hidden trouble."
He suggested: 1. Strict market order management and product quality supervision and management. From the industrial and commercial departments to strengthen the quality of business supervision, to ensure that in the E-commerce business documents complete, to establish a transparent and fair market order; At the same time, by the QC department to intervene in electronic commerce, the supervision mechanism from the source of the industrial chain to form the traceability system, to ensure genuine operation.
2. The transaction of electronic commerce should follow the national tax law, pay the tax according to laws, recommend the tax department to study the tax method of electronic commerce, strengthen the tax supervision, innovate the collection means in the large data age, evade the tax evasion behavior from the system level.
3. Strengthen the protection of intellectual property in the field of electronic commerce, punish illegal illegal activities, promote the popularization of legal operation and fair competition consciousness.
It is reported that last October, Suning Tesco undertook the national e-Commerce demonstration project electronic invoice pilot work, research the implementation of electronic invoices, the taxpayer's collection of basic information, declaration information, warehousing information together to form a full range of taxpayer supervision.
Proposal three: Pay attention to the logistics industry upgrade
"After years of sustained rapid growth, most of our industries have overcapacity phenomenon." But in modern logistics, urban distribution is not enough investment, development is not sufficient. "Jindong that the city's restricted area management contingency" interception "as" dredging ", the public transport in public transportation height, for its reasonable planning of lines and parking spaces, and clear models and exhaust emissions standards, so that" the last kilometer "really smooth up.
He suggested that the State, through policy guidance, vigorously develop common distribution, night distribution and other ways, to encourage large retail enterprises in their own stores to open distribution points, from the point, and the self-built, personal logistics distribution system to the industry, social open to effectively reduce the number of distribution lines, vehicles, improve efficiency, reduce pollution, ease congestion; At the same time, the establishment of industry operational norms to effectively protect the safety of goods and consumer personal information.
"Modern circulation industry should have modern operation means and ability, so the government should encourage the support of retail enterprises, logistics enterprises to build logistics Base, and actively upgrade the information, automation level, improve commodity selection and distribution efficiency." "Jindong said.
In addition, he also proposed to vigorously promote the hardcover repair room: "Vigorously promote the hardcover repair room, can achieve housing, decoration, home appliances, home centralized unified distribution." This will not only reduce logistics costs, provide delivery efficiency, slow congestion pollution and other problems, but also reduce the waste of construction resources, this is to kill two birds with one stone. ”