China (Shanghai) Free Trade Zone Management

Original Language Title: 中国(上海)自由贸易试验区管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399336.shtml

China (Shanghai) free trade zone management

    (September 22, 2013 the 24th Executive meeting of the municipal government, Shanghai Municipal People's Government, through September 29, 2013 7th announced as of October 1, 2013) Chapter I General provisions

Article I (purpose and basis)

    In order to promote Chinese (Shanghai) construction of free trade zone, according to the Standing Committee of the national people's Congress on authorizing the State Council in China (Shanghai) free trade zone adjustment of administrative examination and approval of the decisions of the relevant provisions of the law for the time being, China (Shanghai) free trade zone and relevant laws and regulations of the general scheme, these measures are formulated.

Article II (scope of application) This approach applies to the State Council approved the establishment of the China (Shanghai) free trade zone (hereinafter "free trade zone"). Free trade zone covering the Shanghai Waigaoqiao Free trade zone, Shanghai Waigaoqiao bonded logistics park, and comprehensive free trade zone in Pudong airport of Shanghai Yangshan bonded port area, with a total area of 28.

    78 square kilometers.

Article III (region)

    Free trade zone to promote the service industry and opening up and reform of investment management, and promote the transformation and upgrading, and deepening the financial sector opening, innovation and regulatory services, establish international investment rules system of trade and administration system, to train international, the legalization of the business environment, demonstration, service national played an active role.

    Chapter II administrative bodies

Fourth (management) The city was founded in China (Shanghai) free trade zone management Committee (hereinafter "CMC").

CMC for the municipal government agencies that implement free trade zone reform task to co-ordinate matters related to administrative management and coordination of the free trade zone.

    Pudong new area, municipal departments and district and county governments should strengthen cooperation, support the work of the Administrative Committee.

Fifth (institutional duties)

CMC pursuant to these procedures shall perform the following duties:

(A) is responsible for promoting the implementation of the free trade zone of the reform tasks, research and organize the implementation of the free trade zone development plan and policy measures, develop free trade zone administrative system.

(B) the charge within the free trade zone investment, trade, financial services, land planning, construction, green amenities, environmental protection, labor and personnel, food and drug regulation, intellectual property, culture, health, statistics and other aspects of administration.

(C) leadership for industry and commerce, quality supervision, taxation, public security and other departments within the free trade zone Administration coordinate customs, inspection and quarantine, maritime, financial and other sectors within the free trade zone administration.

(D) security review, antitrust review of related work.

(V) is responsible for law enforcement within the free trade zone, within the free trade zone organization management, culture and other areas of the city administration.

(Vi) is responsible for the integrated services within the free trade zone, in the free trade zone companies and bodies providing guidance, counselling and related services.

(G) responsible for free trade zone construction information, organize information sharing mechanism and Platform for establishing free trade zone regulations, timely release of public information.

(H) the overall guidance industrial distribution and development activities within the free trade zone and push forward construction of major investment projects in the free trade zone.

(I) Municipal Government responsible for other duties.

    Shanghai Waigaoqiao Free trade zone managing Committee, the former by the ocean mountain bonded port area management committee, Shanghai comprehensive free trade zone Administrative Committee in charge of Administrative Affairs, unity borne by the Administrative Committee.

Sixth (law enforcement)

CMC integrated law enforcement agencies shall fulfill the following duties:

(A) centralized exercise of administrative punishment right in urban management, culture, as well as compulsory administrative measures relating to the right of administrative punishment right and power of administrative checks.

(B) focused exercise by the urban planning and land, construction, housing security, building management, environmental protection, civil protection, human resources and social security, intellectual property, food and drug administration, departments of statistics in accordance with the law, regulations and rules of administrative punishment right and compulsory administrative measures relating to the right of administrative punishment right and power of administrative checks.

    (C) the municipal comprehensive law enforcement agency the CMC decided to exercise the right of other administrative punishments.

Article seventh (central services)

    Management Committee should be based on the regional distribution of the free trade zone and business needs, establishment of a centralized administrative services and management of the site.

Eighth (local agencies)

    Customs, inspection and quarantine, maritime, industry and commerce, quality supervision, taxation, public security and other departments to set up free trade zone offices, perform supervisory and administrative responsibilities related to free trade zone.

Nineth (Administrative Affairs)

    Municipal departments and the Government of Pudong new area, according to their respective duties and assume other administrative services of the free trade zone.

    Chapter III investment management

Tenth (opening in services)

Free trade zone in accordance with the China (Shanghai) general scheme of free trade zone, in the financial services, maritime services, business services, professional services, cultural services and other social services and other areas opening up, suspend or cancel qualification requirements, than investors limited, scope restrictions on access restrictions.

    Free trade zone based on the pioneering progress and industry needs, and constantly seek to expand open areas, pilot and the corresponding measures of institutional innovation.

11th (negative list management)

Free trade zone before the introduction of foreign investment national treatment, implemented special measures to control foreign investment access (negative list) management.

Access to special measures to control foreign investment (negative list) outside the area, in accordance with the principles of foreign and foreign-funded projects approved by system to record system, but unless it is approved by the State Council on domestic investment projects are retained by; will be foreign-invested Enterprise contract and articles for approval to record management. Free trade zone access to special measures to control foreign investment (negative list), published by the municipal government.

    Foreign investment projects and foreign-funded enterprises filing procedures, developed by the municipal government.

12th (foreign investment record system)

Within the free trade zone companies to make investment to run enterprises abroad, based on record system-oriented management, overseas investment in general projects for the record business.

    Measures for overseas investment to run enterprises and overseas investment projects for the record, set by the municipal government.

13th (subscribed registered capital registration system)

Subscription registration system implemented free trade zone registered capital, shareholders of the company (sponsor) of its subscribed capital, contribution, period of investment and other independent agreed and documented in the articles of Association, legal and administrative regulations on registered capital registration except as otherwise provided by a specific.

    Shareholders of the company (sponsor) responsible for the authenticity and legality of the capital contributions, and its subscribed capital or subscription of shares in limited companies responsible.

14th (business license and business license)

Obtaining the business license of the enterprise within the free trade zone to engage in production and business activities in General; engage in production and business activities require a license, after obtaining the business license, apply to the competent authority.

    Stipulated by laws and administrative regulations to establish enterprises must be reported to the approval shall, prior to applying for business licenses to obtain approval in accordance with law.

    The fourth chapter of trade development and facilitation

15th (the transformation and upgrade)

Free trade zone develop headquarters economy and encourage multinational companies to set up their Asia-Pacific headquarters in the free trade zone, set up integrated operations center of the trade, logistics, settlement and other functions.

Free trade zone to facilitate international trade, logistics, manufacturing and other business restructuring and upgrading, development of offshore trade, international settlement, international commodity trading, lease financing, futures bonded cross-border delivery, e-commerce and other new trading business.

    Encourage enterprise domestic and international trade in the free trade zone, to achieve internal and external trade and integration development.

16th (hub function)

Waigaoqiao Free trade zone play Hong Kong and Yangshan deepwater port, the linkages of Pudong International Airport hub, strengthening synergy with free trade zone shipping industry cluster development. Shipping free trade zone development finance, international shipping, international shipping, such as crew management, international management, international shipping brokerage industry, shipping freight index derivatives trading business.

International air cargo transshipment free trade zone development, increase the intensity of routes, opening up of aviation rights. Free trade zone of competitive international ship registration policy, the establishment of efficient systems of flag registration.

    Enterprises within the free trade zone will be "China's Yangshan port" as the port of registration of ships engaged in international shipping business.

17th (entry and exit monitoring system) And outside the free trade zone between the incoming and outgoing goods, allowing free trade zone enterprises import manifest information in advance of the goods transported into the area, repeat the entry formalities. Outside the territory of the free trade zone and the area between the incoming and outgoing goods, implementation of smart cards, electronic information networking management, complete list, account management, card verification of domestic regulatory regimes in the name.

Allowed within the free trade zone companies apply for inspection in front of the cargo area of their choice. Free trade zone to promote the goods classification regulation.

    Within the free trade zone of bonded warehousing, processing and other merchandise, and bonded goods under State supervision; through port free trade zone or the international transit of goods, in accordance with the port status monitor; access to specific domestic trade goods in the free trade zone and bonded goods in accordance with the non-State regulation.

18th (facilitation of entry and exit monitoring service)

Innovative pilot free trade zone to promote new business regulation, establishment and trade in services, offshore trade and business development needs of new trade regulation. Free trade zone active development of international transit, consolidation and distribution business.

Implementation of the "Declaration, inspection, one release at a time" mode.

Simplifying the circulation of goods within the free trade zone procedures, in accordance with the "Declaration of concentration, self-carriage" way of promoting the circulation of goods between the enterprises in the free trade zone. Encouraging the establishment of import and export commodities inspection and authentication institutions.

    Establishment of an inspection and authentication institution to a third party mechanism for admissibility of the test results.

    The fifth chapter financial innovation and risk prevention

19th (innovation)

    Institutional innovation in the financial sector in the free trade zone, the first test, establishing free trade zone financial reform and innovation with linkage mechanism for building Shanghai into an international financial centre.

20th (capital account convertibility)
In the free trade zone of capital account convertibility, on the premise of risk control, by way of separate accounting, operations and management model innovation.

    21st (interest rate)

    Free trade zone in fostering economic development financial institutions and entities independent pricing mechanism, and gradually promote market-oriented interest rate reform.

22nd (renminbi) Free trade zone within cross-border renminbi settlement business link approved by the front hook.

    Free trade zone within enterprises according to their own business needs, cross-border innovation of RMB business, currency cross-border use facilitation.

23rd (foreign exchange)

    Establish a free trade zone development demand of the foreign exchange management system, promoting trade and investment facilitation.

24th (financial enterprises development)

    According to the free trade zone needs approval by the national financial management, allowing different levels and different functions, different types of financial institutions to enter the free trade zone, allowing financial markets established in the free trade zone for the international trading platforms, a multi-layered, a full range of financial services.

25th (risk prevention)

    The city strengthen coordination with national financial management, with national financial management sector in the free trade zone established business operations and development of supervision and risk prevention mechanism.

    The sixth chapter of the integrated management and services

26th (management)

    Free trade zone in accordance with the requirements of internationalization, the rule of law, build efficient management and service, investment promotion and trade facilitation.

27th (management information)

Management Committee and the departments concerned in the course of duty making or obtaining policies, regulations, procedures and rules and other information should be open, transparent, and enterprise search.

    Free trade zone policies, institutional norms in the process of formulation and adjustment, should take the initiative to seek the views of businesses within the free trade zone.

28th (acceptance mechanism) Free trade zone in conjunction with the business sector taxation, quality supervision Department and the CMC established foreign-funded projects approved (filing) as well as enterprises (change) "a table declaration, accepted" mechanism.

Industrial and commercial departments to receive application materials submitted by the applicant, unified to serve relevant instruments.

    Establishment of overseas investment in the free trade zone of the CMC for the record "a table declaration, accepted" mechanism, unified to receive application materials submitted by the applicant, unified to serve relevant instruments.

29th (perfect)

Management Committee and relevant departments shall, in accordance with the free trade zone reform needs, implement things during and after the main dynamic regulation and optimization of management processes and management systems. Free trade zone law-enforcement inspection, they shall be made public.

    Related to food and drug safety, public health, environmental protection, safety, and progress should be publicly addressed, and issue the necessary warnings, prevention advice, and so on.

30th (security review and antitrust review)

Free trade zone security review and antitrust review of related work.

    Investment projects or enterprises belonging to the security review, the scope of the antitrust review, the CMC safety review should be timely to draw attention to and antitrust review.

31st (intellectual property)

Strengthening free trade zone protection of intellectual property rights, encourage and support institutions to provide intellectual property services such as mediation, human rights assistance.

    Management Committee is responsible for patent disputes in the free trade zone administrative mediation and dealt with.

32nd (corporate annual report publication) Implementation of annual reports within the free trade zone system. Within the free trade zone enterprises shall submit annual reports to the business sector. Annual report should be open to the public, except those involving trade secrets.

Enterprise is responsible for the authenticity and legality of the annual report.

    Annual report publication approach within the free trade zone separately.

33rd (credit information system)

    Establishment of a free trade zone within the corporate credit information recorded, openness, sharing, and using the system, implemented and faithful encouragement and punishment mechanism.

34th (information sharing)

    Organization to establish the free trade zone of the CMC regulatory information-sharing mechanism and platform, customs, inspection and quarantine, Maritime Affairs, finance, development and reform, business, industry and commerce, quality supervision, finance, taxation, environmental protection, work safety, port, maritime and other departments to exchange information, Exchange and sharing, for the optimization of management processes, providing convenient and efficient services, strengthen the supervision provided in support.

35th (comprehensive evaluation)

The city established in the free trade zone industry information tracking, monitoring and collecting comprehensive assessment mechanism.

    Together with the municipal authorities and the municipal development and reform Department Management Committee established working mechanisms, industry as a whole, industry pilot implementation and a comprehensive assessment of risk, on the assessment report, promoting the perfect opening, pilot and systems in the field of innovative measures.

Article 36th (administrative reconsideration and litigation)

    Party Management Committee or the specific administrative act undertaken by the departments concerned, may, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

37th (commercial dispute settlement)

Disputes in the free trade zone within the enterprise business, can bring a lawsuit, or in accordance with the contract, apply for arbitration or conciliation.

Support the municipal arbitration body in accordance with the law, regulations and practice, improve the arbitration rules to improve free trade zone degree of professionalism of arbitration and international commercial disputes.

    Supports all types of professional mediation of commercial disputes in accordance with international practice, take a variety of forms to address free trade zone of commercial disputes.

    The seventh chapter by-laws

38th (annex)

    The administrative approval items, specific management of the CMC and CMC integrated centralized exercise of administrative punishment by law enforcement agencies, be clear by the annex to this approach.

39th (execution date)

These measures shall take effect on October 1, 2013.

Annex

First, matters of administrative examination and approval of the Management Committee

(A) approval of enterprise investment projects commissioned by the investment management unit.

(B) Business Administration commissioned the establishment of foreign invested enterprises and change the approval, investment to run enterprises abroad for examination and approval.

(C) the Planning Department commissioned the project site submissions, the determination of planning conditions, planning permit for construction, construction project planning and design, construction project planning permit and approval of construction engineering completion and acceptance of planning.

(D) apart from the new construction sites, commissioned by the Department of land management of State-owned land use right transfer, assignment of construction projects with the pre.

(Five) construction management sector delegate of construction project reported built license, construction project preliminary design approval, construction engineering construction license, occupied City Road sidewalk set various facilities license, temporary accounted for road and the highway with to license, bridge security regional within construction license, dig road license, road with to range within laid pipeline and pipeline through, and across road approval, additional alterations plane cross crossing license, super limited transport vehicles driving license, foreign investment enterprise first application construction engineering design and construction Enterprise qualification license.

(Six) green city management sector delegate of construction project supporting green programme approval and the completed acceptance, and temporary using green license (containing public green), migration, and cut trees (ancient tree name wood except) license, adjustment public green internal layout, and service facilities set license, outdoor advertising facilities set or advertisement, and slogans of posted, and hanging license, outdoor non-advertising facilities set approval, supporting construction of sanitation facilities planning, and design programme of approval and completed acceptance.

(G) Environmental Protection Department commissioned the construction project environmental impact assessment, pilot, acceptance and approval of construction approval of construction site at night, pollutant treatment facilities idle, removal of approval.

(H) the knot civil defense projects commissioned by the Civil Administration Department for approval and review of construction drawings, civil defence project audit fees charged and relief, civil defense project acceptance, the demolition of civil defense projects for approval.

(I) the first instance of science and Technology Administration Department commissioned a high-tech enterprise.

(J) human resources and social security administrative departments entrusted by enterprises of other working time approval, approval of foreigners ' employment to Shanghai, Hong Kong and Macao people to Shanghai approval for employment, settlement approved by the employment of overseas Chinese in Shanghai, foreign experts to Shanghai to work permits, certification for the Shanghai residence permit b.

(11) commissioned by the Department of water affairs management approval temporary stoppage of water supply or reduced water pressure, water licensing.

(12) the intellectual property rights Department appoints a patent Agency to declare the trial certificate and patent advertising, outside the book publishing contract, copy the copyright authorization contract registration of overseas audio-visual products, imported books printed in Shanghai for the record.

(13) the culture show commissioned by the management agency performs activities in the free trade zone of the approval.

(14) construction project commissioned by the Department of health and family planning management preventive health examination.

(15) commissioned by the food and drug supervision departments drug retailers run, change permission, food service license, drug trading companies for approval.

Second, the CMC undertakes specific management services

(A) preparation of controlled detailed planning in the region, land planning and the special plan and according to the statutory procedures for approval, approval of controlled detailed planning of industrial land indicators in the area of adjustment, is responsible for the regulation of land use in the region. (B) construction project bidding record, review of design documents, started setting out acceptance of construction project planning, infrastructure (plus or minus 00) record for five and structures, construction project planning parameters (including less than 2.

0 volume rate, green rate and density of buildings, building height, industrial, warehousing, research and development to convert, split and merge), completion of construction engineering quality supervision and inspection, registration, acceptance of construction engineering archives management of construction engineering work.

(C) waste disposal of construction waste and engineering management, solid waste sorting and disposal management, greening engineering quality supervision report, site supervision, line of control and the green range adjustments.

(D) civil defense reporting, supervision and inspection of safety quality supervision management of construction engineering, engineering, maintenance and management of civil defence and security management, supervision and inspection and safe use of integrated and coordinated management of underground space.

(E) preparation of regional planning, environmental impact assessment and its evaluation, and according to prescribed procedures for approval; organization of regional environmental and pollution monitoring and supervision, responsible for pollution emergency.
(Vi) safety production supervision and inspection.

(VII) perform brokering agencies, entertainment and gaming entertainment equipment manufacturers daily supervision.

(H) food, medicines, medical equipment, health food and cosmetics production and business activities of day-to-day supervision.

(IX) the management, coordination and supervision.

Management Committee of three, law enforcement authorities in the exercise of administrative punishment right

(A) the power of relatively concentrated administrative punishment of Shanghai urban management interim measures, Pudong new area, the Shanghai Municipal People's Government on the expansion of urban management scope of the power of relatively concentrated administrative punishment decision of Shanghai City and the cultural power of relatively concentrated administrative punishment measures in the field of administrative punishment right.

(B) planning and land management departments in accordance with the law, rules and regulations, illegal acts related to planning and land aspects of the exercise of the right of administrative punishment.

(C) construction management departments in accordance with the law, rules and regulations, illegal exercise of administrative punishment right of the building.

(D) housing housing management departments in accordance with the law, rules and regulations, housing and housing violations in the exercise of the power of administrative penalty.

(E) environmental management according to the law, rules and regulations, administrative punishment on environmental violations in the exercise.

(F) Civil Administration Department in accordance with the law, rules and regulations, illegal acts related to civil protection and use of the underground space of administrative punishment right.

(G) human resources and social security administrative departments according to the law, rules and regulations, administrative penalties for labor violations in the exercise of power.

(VIII) intellectual property management departments in accordance with the law, regulations and rules, on copyright and patent violations in the exercise of the power of administrative penalty.

(I) the laws, rules and regulations by the food and drug administration departments, on food, drugs, medical devices, health food and cosmetics regulatory violations of administrative punishment right. (J) statistics Management Department according to the law, rules and regulations, violations of administrative punishment right in statistics.