Procedures Of Shanghai Municipality For Administration Of Harbor Areas

Original Language Title: 上海市临港地区管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384532.shtml

Procedures of Shanghai municipality for Administration of Harbor areas

    (December 10, 2012 158th meeting of Shanghai Municipal review December 12, 2012, released from the Shanghai Municipal People's Government, the 96th as of January 12, 2013) first (objectives)

    Harbor areas in order to speed up the gathering of high-end manufacturing, cluster innovation and pioneering talented persons, and strengthen integration, promote the construction and development of Harbor areas, these measures are formulated.

    The second (regional)

    Pro Hong Kong area by Center district (Nanhui Metro), and main industry district, and integrated district, and heavy equipment industry district, and Logistics Park and Pro Hong Kong Fengxian partition, composition, North to dazhi River, West to G1501 Highway – Fengxian, Pudong new area, territories – Pudong railway four mission station (peace station) pre control with to – three mission Hong Kong received planning two Hong Kong Avenue received Hong Kong, East, and South to planning coastline surrounding collection regional, not containing Ocean mountain bonded port (land domain).

    Article III (functions)

    In accordance with the national strategy of economic development of Shanghai urban comprehensive planning requirements, outstanding high-end manufacturing, research and innovation, service, life livable features such as harbor areas into strategic industries innovation, entrepreneurial talent and modern city development demonstration zone.

    Fourth (management responsibility) Establishment of Shanghai port, the city development and construction management Committee (hereinafter "CMC"), agency of the municipal government, delegate management, Pudong new area, is responsible for co-ordinating promoting port development and construction.

    The CMC exercise the following duties:

    (A) develop, modify, implement port area development planning, planning, specific provisions on industrial policy and administrative management;

    (B) receive delegates of management, is responsible for the investment and development within the port area construction project approval;

    (C) for port construction projects, environmental protection and other day-to-day management;

    (D) receive delegates of management, is responsible for the identification of high-tech enterprises within the port area trial software enterprises, identification of high-tech achievement transformation project;

    (E) coordination of Shanghai customs, the Shanghai entry-exit inspection and quarantine of the people's Bank Shanghai Branch, State administration of foreign exchange Shanghai Branch Management Department for the daily administration of the enterprise within the port area;

    (Vi) coordination of relevant management in port areas take up law enforcement duties;

    (G) provide guidance for enterprises and related agencies within the port area and services;

    (H) completion of other matters assigned by the municipal people's Government.

    Pudong new area people's Government, the Fengxian district people's Government is responsible for port areas of fiscal, taxation, industry and commerce, public security, culture, education, health, greening the city, civil affairs, legal, human resources and social security, population and family planning, as well as coordination and the management of rural, community and public affairs.

    Fifth (safeguards)

    Support for CMC, Pudong new area, the city people's Government, the Fengxian district people's Government administrative system reform and innovation in port areas, establish the following safeguards:

    (A) the highly-effective, unified and coordinated management mechanisms;

    (B) the financial support mechanism with powers to match;

    (C) efficient mechanism for industrial use;

    (D) planning rolling revision, to strengthen the linkage mechanism;

    (E) complementary advantages, multiple development mechanisms;

    (Vi) livable priority, ahead of supporting mechanisms;

    (VII) support for innovation and the talent mechanism;

    (H) the Government departments took the lead, led-led institutions gathering mechanism.

    Sixth (financial support) Set up development funds for harbor areas, support the port area development, construction and development, mainly used in line with industrial development in the port direction of enterprise support, talent introduction, training, research and development funding, business support, infrastructure and public facility construction, and so on.

    Administrative measures for the use of special development fund, and the municipal finance municipal development and reform, economic information and other management and Administration Committee separately. Municipal financial arrangements in the relevant industry support fund for industrial development in the port part, by use of the Management Committee in accordance with the relevant provisions of special funds and manpower.

    Special funds for municipal departments responsible for the budget arrangements, the use of guidance and supervision and evaluation, Management Committee is responsible for promoting the implementation of specific projects, acceptance of day-to-day management.

    Pudong new area people's Government, the Fengxian district people's Government arrange a certain amount of funds each year to support the port area development and construction and development.

    Seventh (port-area planning)

    Port area plan shall conform to the national and the city's overall economic development strategy and regional planning, reflecting the port and Yangshan deep water port, integrated and coordinated, joint development of the surrounding area.

    Port plan formulated by the municipal planning and management jointly with the CMC, after seeking the views of Pudong new area people's Government, the Fengxian district people's Government as well as the relevant departments, in accordance with the prescribed procedures and submitted to the municipal people's Government for approval.

    CMC based on controlled detailed planning of port area, combined with construction project implementation, organized the preparation of detailed construction plans.

    Harbor areas of various types of special plans, prepared in accordance with relevant laws, rules and regulations.

    Eighth (land reserve, and development management) Management Committee should be under the land bank programme to the regional planning in Hong Kong and in accordance with the relevant provisions of the State and this municipality for approval. Port area land banking institutions may entrust relevant organizations early development and management.

    Advanced development project implementation units should be determined through public tender.

    Pudong new area people's Government, the Fengxian district people's Government in accordance with the relevant provisions of the State and this municipality, related houses on State-owned land and collective land expropriation and compensation work.

    Nineth (delegate the implementation of administrative examination and approval)

    CMC related to municipal and district management commissioned in port areas of administrative examination and approval of the following matters:

    (A) business management Commission for approval of establishment of foreign-invested enterprises, and the processing trade enterprises operating conditions and production capacity, processing trade business approval certificate of approval;

    (B) development and reform commissioned by management, such as business investment project approval and for the record;

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

    (D) land management land for construction projects commissioned by the pre; (Five) construction traffic management sector delegate of construction engineering preliminary design approval, seismic fortification review (super limited senior building seismic fortification special review except), construction engineering construction license approval, temporary occupied City Road, and mining city road of approval, vehicles or vehicles carrying goods Hou total weight over City Road limited contains volume or passage conditions of passage approval, attached city bridge, and tunnel erection pipeline of approval, city bridge, and tunnel security regional within construction of approval,

    Approval of the provision of various facilities and the use of urban road pavement;

    (Six) green city management sector delegate of on construction project supporting green programme of views consulting, on construction project supporting green of completed acceptance, temporary using green license, migration, and cut trees (ancient tree name wood, and ancient tree follow-up resources except) of approval, on city building garbage (including engineering muck) disposal (batch emissions, backfill) of declared approved, and outdoor advertising facilities set of approval;

    (VII) commissioned by the Department of water Affairs Management construction projects within river management auditing, on the embankment construction project inspection approval approval of water conservancy, to temporarily stop water supply or reduced water pressure approval of design review, construction project of water-saving facilities such as water supply and approval, as well as the construction of drainage facilities into the public drainage system drainage approval of building plan approval;

    (H) the combination of civil defence Administration commissioned the construction of basement of approval fee waiver audit civil engineering construction, and civil engineering acceptance record;

    (I) the Environmental Protection Department commissioned the construction project environmental impact assessment document, project pilot (test run), the environmental protection completion acceptance check of construction project approval, permits issued, construction site daytime job approval, and pollutant treatment facilities idle, removal of approval;

    (J) the other relevant authorities shall delegate the administrative approval items.

    Administrative examination and approval matters entrusted to the specific content of the preceding paragraph, by the Management Committee and relevant departments to be clear in the instructions.

    Management Committee should be entrusted with the implementation of administrative examination and approval of administrative departments for the record of the case submitted to the Commission.

    Tenth (outdoor advertising facilities implementation plan)

    CMC shall, together with the Green appearance Management Department harbor areas of outdoor advertising facilities implementation plan, and in accordance with the statutory procedures for approval.

    11th (day-to-day management)

    CMC in the Pro RC area will assume day-to-day management of the following:

    (A) construction engineering construction, design document reviews, building energy-saving management, material management (except for the new material found), the construction project completion acceptance recording and engineering survey, design, construction, supervision and tendering of construction management such as filing;

    (B) construction engineering quality supervision and inspection, security and construction;

    (C) acceptance of urban construction archives of construction;

    (D) planning and management, to participate in the parking lot of the bus first and last stand (library) and acceptance of construction project planning;

    (E) solid waste disposal management;

    (F) supervision and management of pollution sources in the region, environmental quality and pollution monitoring, pollution accident emergency management, environment statistics, environmental management issues.

    12th (standard approval and management behavior)

    The city business, development and reform, planning land traffic, greening the city, water supply, construction, civil protection, environmental protection, transport and port management departments should be on the implementation of administrative examination and approval of the Management Committee and day-to-day management to enhance guidance and supervision, and to carry out checks on the implementation.

    Should enhance professionalism and the ability of the Management Committee, in strict accordance with the relevant provisions of the State and this municipality, implementation and day-to-day management of administrative examination and receive guidance on the management, supervision and inspection.
13th (centralized handling of Administrative Affairs)

    CMC shall, jointly with the municipal industry and commerce, quality and technical supervision, finance, taxation, human resources and social security, file management as well as Pudong new area people's Government, the Fengxian district people's Government the establishment of Harbor areas of administrative examination and approval Service Center, focal, and other matters such as administrative examination and approval of the Management Committee and the relevant departments, simplifying procedures, improving efficiency and strengthening project approval functions.

    14th (open)

    Management Committee shall, in accordance with the requirements of open Government, will involve approval basis, content, conditions and procedures, deadlines, and need all the material submitted to directories and application model, and so on, in the workplace be publicized.

    Applicants asked the Management Committee to the public details of description, explanation, description, explanation of the CMC to provide accurate and reliable information.

    15th (the establishment of enterprises)

    Set up enterprises in Harbor areas, materials complete, in compliance with the statutory form, the Administration for industry and commerce shall, within 3 working days from the date of acceptance, completed and approval procedures.

    Legal matters and administrative regulations should be earlier approval, and centralized management by the city administration, within 5 working days from date of acceptance, before going through the completion of approval procedures.

    16th (found on corporate and project) Identification of high-tech enterprises in the port area of first instance and software enterprises, high-tech achievement transformation project identified by the municipal science and technology, economic information management sector and high-tech enterprises that Agency Management Committee of delegates uniformly.

    CMC according to "adhere to standards, simplify procedures and improve efficiency, facilitate enterprise" principle, finds work carried out and results reported to the relevant authorities, institutions for the record.

    City management departments and agencies the CMC determination of monitoring and certification of work; do not meet the standards or requirements of findings shall be entitled to revoke.

    17th (attracting agency cluster)

    Support emerging industries of strategic importance, the city layout in major projects in the port area, encourage port industrial development-related research institutes, scientific and technological services to the port cluster.

    Lin Hong Kong enterprises, support the establishment of engineering and technology (research) centers, corporate research and Development Center, laboratory and other scientific and technical organizations.

    18th (innovation and entrepreneurship support)

    The CMC should be in the port area to offer innovative, technology-oriented enterprises party organization to provide industrial and commercial registration, Office space, financial guarantee services, industry, public service-wide promotion process, and in accordance with the relevant provisions, to develop appropriate innovation and entrepreneurship support policy.

    19th (attract and simplified procedures) Encouraging domestic innovation and entrepreneurship, highly skilled professionals to the port area to live and work, and in accordance with the regulations of the relevant treatment.

    Talents in accordance with the relevant provisions and preferential policies for port-area talent, handle the Shanghai residence permit or residence. Simplified due to the person concerned within the port area goes abroad, exit procedures.

    Personnel of the need to go abroad for the public, exit to implement "an approval, multiple" abroad and approval methods or handle multiple times within a certain period between Hong Kong, Macau, and exit procedures.

    20th (preferential treatment)

    Enterprises and projects within the port area, designated by the Management Committee of relevant management departments, agencies or you can enjoy the following preferential policies of the State and this municipality:

    (A) to encourage the modern equipment manufacturing industrial development and technological progress of the preferential policies;

    (B) encouraging the industrialization of scientific and technological achievements and preferential policies;

    (C) encourage the preferential policy of software industry;

    (D) the relevant preferential policies to promote SME development;

    (E) encourages the development of culture, sports and tourism, exhibition projects and relevant preferential policies;

    (Vi) other preferential policies to encourage investment and improve the investment environment.

    21st (perfecting intermediary service)

    CMC perfecting intermediary service system should be adopted, for enterprises and organizations within the port area to provide personnel, labor, finance, accounting, banking, insurance, patents, legal, notarial and other intermediary services.

    22nd (complaints and processing) Enterprises in the port area that the Management Department of management does not comply with the rules or should enjoy preferential treatment have not been implemented, can complain to the Management Committee.

    The CMC should be coordinated and dealt with according to law.

    23rd (building of rural management)

    Harbor areas rural housing, shall comply with the provisions of the State and city housing management villagers, and meets the requirements of port-area planning.

    24th (commencement and repeal) These measures come into force on January 12, 2013. June 1, 2010 46th order published by the Shanghai people's Government of Shanghai lingang industrial zone regulations repealed simultaneously.