China (Fujian) Free Trade Zone Management

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

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  First chapter General first article to advance and guarantees China (Fujian) free trade yan construction, according to national people's Congress Standing Committee on authorized State in China (Guangdong) free trade yan, and China (Tianjin) free trade yan, and China (Fujian) free trade yan and China (Shanghai) free trade yan extended regional temporarily adjustment about legal provides of administrative approval of decided China (Fujian) free trade yan General Programme and about legal, and regulations,

These measures are formulated. Article created by the present measures shall apply to the approval of the State Council, China (Fujian) free trade zone (hereinafter referred to as the free trade zone).

Free trade zone covering Pingtan zone zone zone, Xiamen, Fuzhou, 118.04 square kilometers of the total area.

Third article since trade yan based on both sides of, and service national, and oriented world, to system innovation for core, in-depth advance and Taiwan area investment trade free, innovation regulatory service mode, construction and international investment and trade rules system phase adapted of administration system, create international, and market, and rule of law of of camp business environment, for national full deepening reform and expanded open accumulated new experience, for on both sides of economic cooperation exploration new mode, for strengthening and 21st century sea silk road along national and area of exchange cooperation expand new way. The fourth China (Fujian) free trade zone leading group, is responsible for the development of integrated and coordinated construction of free trade zone.

Led Group Office (following collectively since trade yan management institutions) set in province business office, by province business Office bear led Group Office of daily, its specific duties for: (a) research developed since trade yan development planning, and policy measures and promoted implementation; (ii) guide the tablets District developed, and implementation about since trade yan administration system; (three) coordination advance since trade yan the reform pilot task of implementation; (four) organization implementation since trade yan national security review, and anti-monopoly review, about work.

Fifth article in Pingtan integrated experiment district, and Xiamen, and Fuzhou established of since trade yan management institutions (following collectively tablets district management institutions), is responsible for and manpower the tablets district free trade about work, its specific duties for: (a) organization implementation national and this province on since trade yan of related development planning and policy measures; (ii) research developed this tablets district related administration system and organization implementation; (three) and manpower this tablets district belongs the park industry layout and major project construction; (four) led implementation the reform pilot task.

Sixth provincial people's Governments and relevant departments shall, in accordance with the requirements of regulatory bodies exercise administrative rights, economic and social management can be delegated permission zone devolved in accordance with legal procedures to maximize regulatory agencies.

Provincial relevant departments should support the regional management organizations work, straightening out relations, strengthen coordination and cooperation.

District local government innovation in social management modes, clear zone and Division of responsibilities in the management of Social Affairs, take the initiative to meet the promoting the construction of free trade zone.

Coordination mechanisms should be established between the various areas and strengthen information exchange, experience sharing, collaborative development. 

Seventh district set up Park's offices, specific responsibilities are as follows: (a) responsible for free trade zone development planning and the implementation of policy measures, (ii) the implementation of pilot reform task, (iii) the implementation of park management; (d) the contact, coordination of local units (v) for enterprises and the relevant bodies to provide guidance, advice and services.

The eighth article customs, inspection and quarantine, maritime and immigration departments, such as the establishment of free trade zone organization, performing administrative duties according to law.

Chapter II investment management and trade facilitation in the Nineth free trade zone in accordance with internationalization, marketization and the requirements of the rule of law, build efficient management and service, investment promotion and trade facilitation. Tenth before foreign investment national treatment free trade zone plus negative inventory management.

Areas outside of the negative list, in accordance with the principles of foreign and foreign-funded projects for the record business, but unless it is approved by the State Council on domestic investment projects are retained by; foreign-funded enterprises set up, change and contract regulations approval to implement records management.

Free trade zone projects with foreign investment and foreign enterprises filing procedures, in accordance with the relevant provisions.

11th free trade zone area management agencies to establish "acceptance" work mechanism, set up a service platform, unified to receive application materials, uniform service of instruments. 12th in the free trade zone investors can carry out various forms of foreign investment. Overseas investment projects and the establishment of enterprises for the record business.

Foreign-invested enterprises and specific measures for the archival filing of overseas investment projects in accordance with the relevant provisions.

13th free trade zone customs clearance supervision mode of innovation, and promoting a special customs supervision reform of regional integration and optimization measures.

Special customs supervision zones within the free trade zone to implement "open" and "second-line secure and efficient control" mode of customs clearance supervision service.

Pingtan zone according to "first tier relaxed, classified management of second-line control, separation of people and goods," implementation of the principle of hierarchical management. 14th waste raw materials, hazardous chemicals and its packaging, bulk cargo, inspection and quarantine in the first implementation "import quarantine, relaxing the import and export inspection mode"; in second-tier implementing "easy access, closely guarded quality safety risk" regulation.

Try out quarantine of animals and plants and their products approved negative list system.

The 15th International trade free trade zone construction of "single window", full implementation of paperless Customs clearance and promote free trade clearance between the various regional integration within the test area.

16th free trade zone supports the development of commodity trade and resource distribution platform, cross-border e-commerce, bonded parallel to exhibition platforms, car imports, outsourcing services and other new trade, allowed special customs supervision within the futures bond delivery and repair operations, such as inside and outside.

17th free trade zone development international shipping, international shipping, international shipping agency industry, innovation and international ship registration system.

Allow free trade zone pilot shipping express mail international and the Hong Kong and Australian transit consolidation services.

Allows cruise to a mainland capital registered in the free trade zone enterprises "flags of convenience" cruise, approved in four cruise traffic.

18th simplify enterprise foreign workers employment permits within the free trade zone, to eligible expatriate staff and provide transit Park, entry, residence facilities.

Promoting free trade zone opening ports for some of the eligible countries in personnel more convenient transit visa policy. Chapter of Fujian-Taiwan exchanges and cooperation in 19th in the free trade zone to explore new modes of cooperation between Fujian and Taiwan, docking Taiwan free economic demonstration areas, construct new mechanism of two-way investment promotion cooperation. Industry support, scientific research, brand building, marketing and other aspects, support accelerated development of Taiwan-funded enterprises.

Support free trade zone within the brand companies in Taiwan investment, promote chain depth of integration of Fujian and Taiwan. The 20th forward service trade's openness to more depth, promoting the free movement of service elements in Fujian and Taiwan. Further expansion of communications, transport, tourism, health care and other sectors open to Taiwan.

On the economic cooperation framework agreement (hereinafter referred to as agreement), support free trade zone on the first pilot, to speed up implementation. Eligible Taiwanese investment in the free trade zone service qualification, the threshold requirements for mainland enterprises.

Allow Taiwan identity documents to register individual businesses in the free trade zone of natural persons, and relaxing its business.

21st in the free trade zone imports originating in Taiwan products in the area of facilitation, but the State bans, restrictions on the import of goods, waste material, except for hazardous chemicals and packaging, bulk commodities. Taiwan exports to free trade zone agricultural products, aquatic products, food and flower seedlings to pilot fast mode of inspection and quarantine. Further optimization of the part imported from Taiwan health food, cosmetics, medical equipment, medicines review and approval procedures.

Reform and strengthen visa management certificate of origin, certificate application for intensified supervision.

22nd building customs cooperation mechanism between Fujian and Taiwan, carry out customs clearance of goods, trade statistics, "certified operators" mutual recognition, inspection testing and certification cooperation, and gradually realize the exchange of information, mutual recognition of regulatory, law enforcement and mutual assistance. 23rd support cross-strait free trade zone development e-commerce.

Inspection and quarantine departments to meet the conditions of cross-border e-commerce Express takes advantage of immigration measures. 24th promote pioneering cross-strait financial cooperation and innovation of cooperation mechanism between Fujian and Taiwan financial institutions. Under the framework agreement, and exploring free trade zone on Taiwan to further open the financial services industry, reducing the threshold for Taiwan-funded access to financial institutions and businesses, increase the city, financial institutions, equity stake.

Supports the establishment of foreign exchange agencies, facing the equity trading market of Taiwan-funded enterprises on both sides.

Support in the free trade zone set up joint-venture banks and other financial institutions on both sides, according to the national regional development plan, as free trade zone within Taiwan-funded Corporation facilitate financial institutions to set up branches in and outside the province. Allow free trade zone of banking institutions and Taiwan counterparts to carry out cross-border RMB loan business.

Supports the Bank of Taiwan to free trade zone within the enterprise or project cross-border Renminbi loans. 25th free trade zone operation of section facilitate Taiwan residents entry and exit policies.

Accelerating Taiwan vehicle in the free trade zone with Taiwan convenient access between policies, promoting interoperability and mutual recognition of driving permits for motor vehicles on both sides, temporary vehicles simplified licensing procedures.

Article 26th within the free trade zone investment, employment of Taiwan business executives, experts and technicians, project reporting, facilitation of entry and exit.

Promoting social security, such as docking, MTP management into the scope of civil uniform social credit code management, to facilitate Taiwan compatriots deal with social insurance, financial services and other.

Article 27th Pingtan permission to develop the professional norms and standards, under the framework agreement, allowing Taiwan building, planning, health, tourism and other services practitioners, Taiwan certificate issued by the relevant institutions, operating in the free trade zone within the prescribed limits. The fourth chapter financial article 28th of open innovation and risk prevention set up and account management system adapting to the free trade zone.

The Renminbi foreign account management, simplify the classification of foreign RMB account, promote the facilitation of cross-border trade, investment and finance settlement.

29th free trade zone pilot RMB convertible under capital within the limits of the project, eligible institutions within the free trade zone within the limits of autonomous direct investment, mergers and acquisitions, debt, financial investments and other transactions.

Article 30th exploration within the free trade zone set up a separate licensing of professional financial management services agency, allows the free trade zone within the banking and payments authority, managed institutions with foreign banks and payment institutions on cross-border payments cooperation.

31st in the free trade zone to promote interest rate liberalization, pilot allows eligible financial institutions corporate and individual negotiable certificates of deposit.

Article 32nd research exploring free trade zone within the financial institutions (including financial institutions) to the transfer of assets, sale of RMB financial products abroad, explore cross-border flows through various channels.

Promoting cross-border renminbi business innovation, promoting free trade zone within the enterprise and individual cross-border RMB settlement business of trade and investment.

Article 33rd improve related management measures, under the prerequisite of strengthening effective supervision, allowing free trade zone within the pilot qualified Chinese Bank opening currency offshore business. 34th support eligible institutions in accordance with the provisions in the free trade zone of mutual investment in domestic and foreign securities and futures markets.

Compliance, risk-controlled goods under the premise of over-the-counter derivatives trading.

35th people's Government, the financial regulators and other relevant departments should improve financial regulation, sound consistent with free trade zone within practical monitoring indicators of financial sector development, realize the free trade zone within the risk control of financial institutions.

Towards the establishment of cross-border capital flow risk monitoring mechanism, improve risk monitoring index, a comprehensive monitoring and evaluation of cross-border payments, classification and management.

Do the anti-money laundering and anti-terrorist financing work to prevent cross-border, trans-regional flows of illicit money.

Fifth chapter tax management 36th article in since trade yan implementation promote investment of tax policy, in since trade yan within of customs special regulatory regional and Pingtan tablets district implementation promote trade of tax policy; since trade yan within Customs special regulatory regional according to national provides implementation China (Shanghai) free trade yan within Customs special regulatory regional of tax policy, allows Customs special regulatory regional within of enterprise production, and processing and domestic of goods pilot selective levy tariff.

37th article in line with the direction of tax reform and practice, does not result in profits and erosion of the tax base under perfect adaptation of foreign equity investment and offshore business development tax policy.

Article 38th convenient tax system, tax-related matters handled by the tax services focus, standardization pilot tax services, the implementation of online tax offers online tax advice, tax services such as processing of queries towards transregional TeleTax. 39th tax should tax modernization pilots in the free trade zone, creating a fair and competitive tax environment.

Free trade zone to adopt a more flexible way of tax collection and management, and information share platform, strengthen risk management, improve tax collection and management level. 40th on the premise of strict enforcement of import and export tax policies, which allows special customs supervision within the bonded display trading platform.

Support free trade zone in accordance with the provisions of foreign visitors leave the tax rebate policy for application.

Sixth chapter management and guarantee the 41st in the free trade zone of innovative management style, promoting government administration by the focus on prior approval to focus on supervision, increased regulatory involvement, promoting the formation of administrative supervision, self-discipline, social supervision, public participation in a comprehensive regulatory system. 42nd established free trade zone involving a foreign national security review mechanism.

To fall within the national security reviews of foreign investments, investors should be applying for national security review; authorities, industry associations, trade enterprises, as well as upstream and downstream enterprises to make national security review recommendations.

The Parties shall cooperate with the national security review process, provide the necessary materials and information related inquiries.

Article 43rd free trade zone established antitrust work. Involving enterprises in the free trade zone of the concentration of business operators, and meet the State's reporting, the operator should be declared in advance, undeclared concentration shall not be implemented.

To monopoly agreement and abuse of dominant market position and the abuse of administrative power to eliminate or restrict competition, and to carry out investigations and law enforcement.

44th free trade zone agreed to strengthen information sharing and law enforcement in construction business as the core, overwrite source traceability, inspection and quarantine, regulatory, law enforcement, penalties, advance payments and other aspects of the whole process of market regulatory system. 

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

Free trade zone to encourage credit services organizations to develop credit products, for the supervision of credit, market and provides services, encouraging enterprises and individuals using credit products and services.

45th free trade zone shall practise annual report public, management exception list and serious breach of the list of systems. Within the free trade zone enterprises shall comply with the requirements to submit annual reports. Annual report should be open to the public, except those involving trade secrets.

Enterprise responsible for authenticity and timeliness of the annual report. Each District Administration Office in the free trade zone companies submit the annual report of the supervision and inspection.

Found enterprises failing to fulfill obligations such as publication of the annual report, should be included in the business directory of abnormal, and to the public. Article 46th free trade zone of centralized and integrated system of administrative law enforcement, the relative concentration of law enforcement powers, establish intersectoral cooperation and coordination, and joint law enforcement mechanism.

Public inspection of law enforcement in a timely manner in accordance with law, related to food and drug safety, public security, environmental protection, work safety shall issue a necessary warning, prevention and other information.

47th free trade zone set up routine monitoring and early warning, review mechanisms, the implementation of corporate social responsibility, on the operational implementation of effective monitoring.

48th relatively centralized administrative reviews in free trade zone shall practise right system of laws and normative documents review, specific implementation measures shall be formulated by the people's Government of the province. 49th in the free trade zone building a unified regulatory platform for information sharing and promote the collection, Exchange and sharing of regulatory information.

Each District Administration Office and relevant departments should take the initiative to provide information to participate in information exchange and sharing.

Each District Administration Office and the departments concerned should rely on information sharing platform, integration of regulatory resources, promote the dynamic supervision, increase the effectiveness of joint supervision and collaboration services.

50th free trade zone administration building statistical information platform, each District Administration Office should be timely and complete submission to platform-related statistics.

51st free trade zone established enterprises and representatives of relevant organizations and other components of the social participation mechanisms, leading enterprises and organizations expressing interest, participation in pilot policy evaluation and market supervision.

Support industry associations, chambers of Commerce, such as participation in the free trade zone construction, develop industry standards such as industry associations, chambers of Commerce and industry conventions, strengthening industry self-discipline.

In carrying on its business activities within the free trade zone, should abide by social morality, business ethics, subject to public supervision. 52nd established free trade zone industry message tracking, monitoring and collecting comprehensive assessment mechanism.

Free trade zone authority shall, jointly with relevant departments and area management bodies establish working mechanisms, from third-party assessment of institutions involved in the regulatory system, the industry as a whole, industry pilot implementation policies and risk assessment.

53rd to establish free trade zone information release mechanism, through meetings or writing in the form of press conferences, communications, publishing information about the free trade zone in time.

54th protects all kinds of market entities within the free trade zone of equal status and legitimate rights and interests.

Legal protection of workers ' rights in the free trade zone, the establishment of a just, open, efficient, convenient labor security supervision and labor dispute settlement mechanisms to protect workers ' legitimate rights and interests and the employer.

55th strengthening environmental protection work of free trade zone, explore the classified management of environmental impact assessment, improve the management and efficiency of environmental protection.

Encourage enterprises in the free trade zone to apply for international environmental and energy management system standard certification, the use of advanced production technology and techniques, energy conservation, reduction of pollutants and greenhouse gas emissions.

56th strengthen the free trade zone of intellectual property protection, setting up mechanisms for integrated protection and management of intellectual property rights in line with international standards, improve the administrative connection between protection and judicial protection mechanisms. Improving the intellectual property dispute resolution and human rights assistance mechanism.

Each District Administration Office is responsible for the district administration of patent disputes in conciliation and processed.

57th in the free trade zone is established according to law of the judiciary, fair and effectively protect the legitimate rights and interests of the parties in China and abroad.

Supports arbitration in accordance with the law, rules and practice of international commercial arbitration, improving free trade zone rules, improve the arbitration of international commercial disputes, and based on the free choice of the parties to provide independent, impartial, professional and efficient arbitration services.

Supports all types of commercial disputes, professional mediators involved in the free trade zone and commercial dispute resolution, dispute resolution role to play.

Article 58th in Fuzhou, Xiamen municipal people's Government and the Pingtan comprehensive experiment zone in accordance with the China (Fujian) free trade zone scheme, combined with the local conditions, in accordance with legal procedures to formulate relevant measures, innovation, and the promotion and protection of the free trade zone construction. Seventh chapter supplementary articles article 59th this approach come into force on the date of promulgation.