Shanghai Municipal People's Government Of China (Shanghai) Free Trade Zone Management Committee Focuses On Exercise And City Administrative Examination And Approval Rights And Decisions Of Administrative Punishment Right

Original Language Title: 上海市人民政府关于中国(上海)自由贸易试验区管理委员会集中行使本市有关行政审批权和行政处罚权的决定

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  (March 30, 2015 Shanghai City Government makes 26th, announced) according to China (Shanghai) free trade yan General Programme and China (Shanghai) free trade yan Ordinance of related provides, municipal government now on China (Shanghai) free trade Yan (following referred to "since trade yan") Management Committee (following referred to "CMC") concentrated exercise this city about administrative approval right and administrative punishment right made following decided: a, and

In the free trade zone of bonded area (28.78 square kilometers), was formed by the city's development and reform, business, planning, land, construction, transportation, green amenities, environmental protection, human resources and social security, intellectual property rights, journalism, civil protection, water supply, health, science and technology and other departments on the right to executive approval and management according to the law (see annex 1), organized by the free trade zone Administrative Committee focused on exercise.

II, and in since trade yan bonded regional (28.78 square kilometers), original by this city Chengguan law enforcement, and culture law enforcement, and planning land, and construction management, and environmental, and human resources social security, and intellectual property, and housing guarantees housing management, and civil defence, and water works, and statistics, sector law exercise of about administrative punishment right (see annex 2), by since trade yan CMC concentrated exercise, and administrative punishment right about of administrative forced measures right and administrative check right together with of transfer.

Third, according to the State and the city free trade zone Administrative Committee should implement the relevant provisions of other duties, in accordance with the relevant provisions.

Four, free trade zone Administrative Committee according to speed up the transformation of government functions, the reform and innovation of government management requirements, actively exploring the establishment of efficient operation mode of service and enforcement system, carry out the responsibility, implementation of collaborative management in different sectors.

Five government departments and should continue to support free trade zone Administrative Committee of the Pudong new area Government work, and within the scope of their respective duties and assume other administrative services of the free trade zone.

The future, in accordance with the relevant laws and regulations, free trade zone development needs, will be adjusted to this decision.

This decision shall enter into force on April 1, 2015. Annex: 1. China (Shanghai) free trade yan Management Committee administrative approval and management matters directory 2. China (Shanghai) free trade yan Management Committee administrative punishment matters directory annex 1 China (Shanghai) free trade yan Management Committee administrative approval and management matters directory serial number matters name original management sector according to 1 within foreign-funded enterprises investment project approved or record city development reform Board, and, Pudong new area, development reform Board 1. State on investment reform of decided (country sent (2004)

20th,) 2. guide foreign investment direction provides (State makes 2002 No. 346,) 3. State on released Government approved of investment project directory (2014 this) of notification (country sent (2014) 53rd,) 4. Government approved investment project management approach (national development reform Board makes 2014 11th,) 5. foreign investment project approved and record management approach (national development reform Board makes 2014 12th,) 2 outside investment project record city development reform Board, and, Pudong new area, development reform Board 1. State on investment reform of decided (country sent (2004) 20th,) 2. State on released Government approved of investment project directory (2014 this) of notification (country sent (2014) 53rd,) 3. outside investment project approved and record management approach (national development reform Board makes 2014 9th,) 3 foreign investment enterprise established, and change approval city business Board, and, Pudong new area, business Board 1

. People's Republic of China on Sino-foreign joint venture enterprises 2. People's Republic of China Law on Sino-foreign joint venture regulations 3. People's Republic of China on Sino-foreign co-operative enterprises 4. the People's Republic of China implementing rules of Chinese-foreign contractual joint ventures (in 2014 under the State Council order No. 648 Amendment) 5. People's Republic of China Law on foreign-funded enterprises 6. People's Republic of China implementing rules of foreign law (2014 the State Council order No. 648 amendments) 4 foreign investment enterprise territory again investment approval (limit class project) city business Board, and, Pudong new area, business Board 1. People's Republic of China company law 2. People's Republic of China Sino-foreign joint venture business law 3. People's Republic of China Sino-foreign joint venture business law implementation Ordinance 4. People's Republic of China foreign cooperation business law 5. People's Republic of China foreign cooperation business law implementation rules (State makes 2014 No. 648, makes Amendment) 6.

People's Republic of China foreign-funded enterprises method 7. People's Republic of China foreign-funded enterprises method implementation rules (State makes 2014 No. 648, makes Amendment) 8. on foreign investment enterprise territory investment of provisional provides (Ministry, and National Bureau makes 2000 6th,) 5 part foreign investment enterprise established branch institutions approval city business Board, and, Pudong new area, business Board 1. People's Republic of China company law 2. People's Republic of China company registration Management Ordinance 6 foreign investment enterprise equity pledge city business Board, and, Pudong new area, business Board 1. People's Republic of China company law 2. People's Republic of China Sino-foreign joint venture business law 3. People's Republic of China Sino-foreign joint venture business law implementation Ordinance 4. People's Republic of China foreign cooperation business law 5. People's Republic of China foreign cooperation business law implementation rules (State makes 2014 No. 648, makes Amendment) 6. People's Republic of China foreign-funded enterprises method 7. People's Republic of China foreign-funded enterprises method implementation rules (State makes 2014 No. 648, makes Amendment) 8. foreign investment enterprise investors equity change of several provides (outside trade method sent (1997) No. 267,) 7 outside investment opened Enterprise record city business Board, and, Pudong new area, business Board outside investment management approach (Commerce makes 2014 3rd,) 8 on using since trade yan CMC management of Government sex funds investment construction of fixed assets investment project project proposal, and Feasibility research report of approval city development reform Board, and, Pudong new area, development reform Board 1. State on investment reform of decided (country sent (2004) 20th,) 2. circular of the on retained part non-administrative license approval project of notification (State sent (2004) 62nd,) 3. circular of the on strengthening and specification new starts project management of notification (State sent (2007) 64th,) 4. National development reform Board on issued approval local government investment project about provides (provisional) of notification (sent modified investment (2005) 1392th,) 9 on using since trade yan CMC management of Government sex funds investment construction of fixed assets investment project preliminary design and the estimates of approval city development reform Board, and city construction management board, and, Pudong new area, development reform Board, and, Pudong new area, construction traffic Board, and, Pudong new area, environmental City Council 1. State on investment reform of decided (country sent (2004)

20th,) 2. circular of the on retained part non-administrative license approval project of notification (State sent (2004) 62nd,) 3., Pudong new area, district level construction financial investment project management approach (Pu House (2013) 52nd,) 10 fixed assets investment project energy-saving review city development reform Board, and, Pudong new area, development reform Board 1. People's Republic of China save energy method 2. fixed assets investment energy-saving assessment and review provisional approach (national development reform Board makes 2010 6th,) 3. Shanghai City save energy Ordinance 11 high-tech enterprise finds trial, Pudong new area, CST 1. high-tech enterprise finds management approach (country section angry (2008) 172th,) 2. high-tech enterprise finds management work guidelines (country section angry (2008) No. 362,) 3. Shanghai City high-tech enterprise finds management implementation approach (Shanghai section collection (2008) No. 025,) 12 Enterprise implemented other work time approval, Pudong new area, human resources Social Security Council 1. People's Republic of China labor law 2. Shanghai City Government on announced this city seventh batch canceled and adjustment administrative approval matters directory of notification (Shanghai House sent (2014) 5th,) 13 issued human resources service license city human resources Social Security Council, and, Pudong new area, human resources Social Security Council 1. People's Republic of China employment promote method 2. State on does needed retained of administrative approval project set administrative license of decided (State makes 2004 No. 412,) 3. Shanghai City Government on announced this city seventh batch canceled and adjustment administrative approval matters directory of notification (Shanghai House sent (2014) 5th,) 14 construction project with to pre city planning land resources Council, and, Pudong new area, planning and land authority 1. land management method implementation Ordinance 2. construction project with to pre management approach (land resources department makes 2008 42nd, Amendment) 15 construction project location submissions, and construction with to planning license (containing temporary) of approval city planning land resources Council, and

, Pudong new area, planning and land authority 1. People's Republic of China urban and rural planning method 2. Shanghai City urban and Rural Planning Ordinance 16 approved planning conditions city planning land resources Council, and, Pudong new area, planning and land authority Shanghai City urban and Rural Planning Ordinance 17 construction design programme, and construction engineering planning license (containing temporary) of approval city planning land resources Council, and, Pudong new area, planning and land authority 1. People's Republic of China urban and rural planning method 2. Shanghai City urban and Rural Planning Ordinance

18 construction engineering starts Lofting complex inspection city planning land resources Council, and, Pudong new area, planning and land authority Shanghai City urban and Rural Planning Ordinance 19 construction engineering planning land integrated acceptance city planning land resources Council, and, Pudong new area, planning and land authority 1. State on promote save intensive with to notification (country sent (2008) 3rd,) 2. on deployment run land market dynamic monitoring and regulatory system of notification (land funding sent (2008) No. 284,) 3. Shanghai City urban and Rural Planning Ordinance

20 construction engineering archives acceptance recognized city planning land resources Council (City urban construction archives), and, Pudong new area, planning and land authority 1. city construction archives management provides (construction makes 2001 9th, second times Amendment) 2. Shanghai City Archives Ordinance 3. Shanghai city city construction archives management provisional approach (municipal government makes 2010 52nd, Amendment) 21 construction engineering tender bid record city construction management board, and, Pudong new area, construction traffic Board 1. People's Republic of China tender bid method

2. People's Republic of China tender bid method implementation Ordinance 22 construction engineering contract registration record city construction management board, and, Pudong new area, construction traffic Board housing building and municipal based facilities engineering construction points package management approach (housing urban and rural construction makes 2014 19th, Amendment) 23 on construction engineering reported built of license city construction management board, and, Pudong new area, construction traffic Board 1. engineering construction project reported built management approach (built built (1994) No. 482,) 2. Shanghai city building market management Ordinance 3. Shanghai city construction engineering bearing employer management approach (municipal government makes 2010 52nd, Amendment) 24 issued construction construction license city construction management board, and, Pudong new area, construction traffic Board 1. People's Republic of China building method 2. construction construction license management approach (housing urban and rural construction makes 2014 18th,) 25 construction engineering completed acceptance record city construction management board, and, Pudong new area, construction traffic Board 1. construction engineering quality management Ordinance 2. Housing building and municipal based facilities engineering completed acceptance record management approach (housing urban and rural construction makes 2009 2nd, Amendment) 3. Shanghai city construction engineering quality and Security Management Ordinance 26 construction project seismic fortification review city construction management board 1. People's Republic of China earthquake mitigation method 2. housing building engineering seismic fortification management provides (construction makes 2006 148th,) 27 construction design file review city construction management board, and, Pudong new area, construction traffic Board 1. Housing building and municipal based facilities engineering construction figure design file review management approach (housing urban and rural construction makes 2013 13th,) 2. Shanghai city construction engineering quality and Security Management Ordinance 28 construction engineering security quality supervision city construction management board, and, Pudong new area, construction traffic Board 1. construction engineering quality management Ordinance 2. construction engineering safety management Ordinance 3. Shanghai city construction engineering quality and Security Management Ordinance 29 construction engineering using clay brick approved city construction management board, and Pudong construction and traffic Commission 1. the regulations of Shanghai municipality for Administration of construction engineering materials 2. the Shanghai Municipality on the prohibition of and restrictions on the use of clay bricks of the interim measures for the Administration (municipal governments 2010 52nd amended) 30 ordinary basement, construction management, filing, Pudong construction and traffic Commission 1. measures on the safety management of underground space in Shanghai (city 2009 of 24th) 2. Shanghai City administrative approval system reform work led Group Office on adjustment this city civil defence engineering and General basement using record of decided (Shanghai shengai do sent (2014) 45th,) 31 construction project supporting traffic facilities (including internal parking spaces and the internal road) audit and the acceptance city traffic Board, and, Pudong new area, construction traffic Board 1. Shanghai city parking (library) management approach (municipal government makes 2012 85th,) 2. on further strengthening this city parking planning, and construction and management of several views

(Shanghai House do (2012) 50th,) 3. on further perfect this city construction engineering distribution built motor vehicle parking (library) administrative approval management mechanism of notification (Shanghai delivery (2011) No. 596,) 32 road mining, and road with to range within laid pipeline, pipeline through, and across, opened plane cross crossing of approval city traffic Board (City Road councils), and, Pudong new area, construction traffic Board 1. City Road Management Ordinance 2. Highway security protection Ordinance 3. Shanghai City City Road Management Ordinance 4. Shanghai City Highway Management Ordinance 33 occupied City Road sidewalk set facilities license city traffic Board (City Road councils), and, Pudong new area, construction traffic Board 1. City Road Management Ordinance 2. Shanghai City City Road Management Ordinance 34 occupied or temporary occupied road, and bridge, and bridge and bridge security job of approval city traffic Board (City Road councils), and, Pudong new area, construction traffic Board 1. City Road Management Ordinance 2. Highway security protection Ordinance 3. Shanghai City City Road Management Ordinance 4.

Shanghai City Highway Management Ordinance 5. Shanghai City temporary occupied city road management approach (municipal government makes 2012 81st, Amendment) 35 combined civil built air defense basement audit public anti-do, and, Pudong new area, civil defence do 1. People's Republic of China people air defense method 2. Shanghai public anti-Ordinance 3. Shanghai City underground space construction Planning Ordinance 4. Shanghai public anti-engineering construction and using management approach (municipal government makes 2010 52nd, Amendment) 36 civil defence engineering completed acceptance record public anti-do, and, Pudong new area, civil defence do 1. Shanghai public anti-Ordinance 2. Shanghai public anti-engineering construction and using management approach (municipal government makes 2010 52nd, Amendment) 37 civil defence engineering using record, Pudong new area, civil defence do 1. Shanghai public anti-Ordinance 2. Shanghai public anti-engineering construction and using management approach (municipal government makes 2010 52nd, Amendment) 3. Shanghai City underground space security using management approach (Municipal government makes 2009 24th,) 38 civil defence engineering demolition approval public anti-do, and, Pudong new area, civil defence do 1. People's Republic of China people air defense method 2. Shanghai public anti-Ordinance 3. Shanghai public anti-engineering construction and using management approach (municipal government makes 2010 52nd, Amendment) 39 civil defence engineering construction fee of charged and relief audit public anti-do, and, Pudong new area, civil defence do 1. Shanghai public anti-Ordinance 2. Shanghai public anti-engineering construction and using management approach

(Municipal government makes 2010 52nd, Amendment) 40 civil defence construction engineering security quality supervision public anti-do 1. construction engineering quality management Ordinance 2. Shanghai public anti-Ordinance 3. Shanghai city construction quality and Security Management Ordinance 4. Shanghai public anti-engineering construction and using management approach (municipal government makes 2010 52nd, Amendment) 41 construction project environment effect evaluation file of approval city EPA, and, Pudong new area, environmental City Council 1. People's Republic of China environment effect evaluation method 2. construction project environmental protection Management Ordinance 3. Shanghai City Environmental Protection Ordinance 4. Shanghai City implementation straddling People's Republic of China environment effect evaluation method approach (municipal government makes 2004 24th,) 42 construction project try production (try run) approval and the environmental facilities completed acceptance city EPA, and, Pudong new area, environmental City Council 1. construction project environmental protection Management Ordinance 2. Shanghai City Environmental Protection Ordinance 3. Shanghai City implementation straddling People's Republic of China environment effect evaluation method approach (Municipal government makes 2004 24th,) 43 close, and idle or demolition pollution control facilities, and places of approval city EPA, and, Pudong new area, environmental City Council 1. People's Republic of China environmental protection method 2. Shanghai City Environmental Protection Ordinance 44 construction site night construction approval city EPA, and, Pudong new area, environmental City Council 1. People's Republic of China environment noise pollution control method 2. Shanghai City Environmental Protection Ordinance 3. Shanghai city construction engineering civilization construction management provides (Municipal government makes 2010 48th, Amendment) 45 organization regional environment, and sources of monitoring and supervision management, coordination pollution accident emergency processing city EPA, and, Pudong new area, environmental City Council 1. People's Republic of China environmental protection method 2. Shanghai City Environmental Protection Ordinance 46 migration, and cut trees (ancient tree name wood except) license City Green City Council, and, Pudong new area, environmental City Council Shanghai City Green Ordinance 47 on temporary using green of license City Green City Council, and, Pudong new area, environmental City Council Shanghai City Green Ordinance 48 on occupied has built green and adjustment public green internal layout, and service facilities of license City Green City Council, and, Pudong new area, environmental City Council 1. City Green Ordinance 2. Shanghai City Green Ordinance 3. Shanghai City Park Management Ordinance 49 on construction project supporting green programme of views consulting City Green City Council, and, Pudong new area, environmental City Council Shanghai City Green Ordinance 50 construction engineering supporting green General file review City Green City Council, and, Pudong new area, environmental City Council 1. City Green Ordinance 2. Shanghai City Green Ordinance 51 on supporting green engineering completed figure and acceptance results of review City Green City Council, and, Pudong new area, environmental City Council Shanghai City Green Ordinance 52 on construction project supporting green of completed acceptance City Green City Council, and, Pudong new area, environmental City Council Shanghai City Green Ordinance 53 green professional engineering security quality supervision City Green City Council, and, Pudong new area, environmental City Council 1. construction engineering quality management Ordinance 2. Shanghai city construction quality and Security Management Ordinance 3. Shanghai City Green Ordinance 54 construction project building garbage, and engineering muck and mud emissions disposal declared, Pudong new area, environmental City Council 1. Shanghai City City sanitation management Ordinance 2. Shanghai city building garbage and engineering muck disposal management provides (municipal government makes 2010 50th,) 55 outdoor advertising facilities set or advertisement, and slogans of posted, and hanging license City Green City Council, and, Pudong new area, environmental City Council 1.

Shanghai City City sanitation management Ordinance 2. Shanghai City outdoor advertising facilities management approach (municipal government makes 2010 56th,) 56 construction project sanitation facilities supporting approval and acceptance City Green City Council, and, Pudong new area, environmental City Council Shanghai City City sanitation management Ordinance 57 demolition, and migration, and alterations, and closed sanitation facilities of approval City Green City Council, and, Pudong new area, environmental City Council Shanghai City City sanitation management Ordinance 58 issued access except Confluence sewage conveying route outside of municipal public drainage system support tube of drainage license, Pudong new area, environmental City Council 1. Shanghai City drainage Management Ordinance 2. on implementation straddling Shanghai City Government on perfect urban two level management system gives, Pudong new area, more big development autonomy of views of notification (Shanghai water works (2007) 150th,) 59 temporary stop water or reduced hydraulic of approval city water works Council, and, Pudong new area, environmental City Council 1. city water Ordinance 2. Shanghai city water management Ordinance 60 temporary seal blocking drainage pipeline of approval city water works Council, and, Pudong new area, environmental City Council 1. Shanghai City drainage Management Ordinance 2. Shanghai City flood Ordinance 61 construction project prevention sex health audit city health family planning, and, Pudong new area, health family planning 1. People's Republic of China Occupational control method 2. People's Republic of China infectious diseases control method 3. public health management Ordinance 4. Shanghai city life drinking water health supervision management approach

(Municipal government makes 2014 13th,) 62 housing pre-sale license, Pudong new area, construction traffic Board 1. People's Republic of China City real estate management method 2. city housing pre-sale management approach (construction makes 2004 131th, Amendment) 63 housing sales programme record, Pudong new area, construction traffic Board 1. Shanghai City real estate Registration Ordinance 2. Shanghai city housing sales programme record management provisional provides (Shanghai housing City (2009) No. 213,) 64 early property service tender project record, and bid results record, Pudong new area, construction traffic Board 1. early property management tender bid management provisional approach (built housing (2003) 130th,) 2. on early property management enrollment bid of several provides (Shanghai room to funding real (2004) No. 399,) 65 early property management agreement selection approved, Pudong new area, construction traffic Board 1. property management Ordinance 2. on early property management enrollment bid of several provides (Shanghai room to funding real (2004 ) No. 399,) 66 property management with room configuration of approved, Pudong new area, construction traffic Board 1. Shanghai City residential property management provides (on December 23, 2010 city 13th session Standing Committee 23rd times Conference Amendment) 2. on implementation straddling Shanghai City residential property management provides of several views (Shanghai House sent (2011) 23rd,) 67 patent agent institutions declared trial city intellectual property Council 1. patent agent Ordinance 2. patent agent management approach (National intellectual property Council makes 2003 30th,) 68 patent advertising out card city intellectual property Council 1. on do patent advertising out card management work of notification (country know sent tube (1998) 55th,) 2. on strengthening patent advertising out card management of notification (business wide Word (1998) 40th,) 69 patent disputes of administrative mediation and processing city intellectual property Council 1. patent administrative law enforcement approach (national intellectual property Council makes 2010 60th,) 2. Shanghai City patent protection Ordinance 70 outside books published contract registration City News published Council 1. on on published foreign books for contract registration of notification (Dominion (1995) 1th,) 2. Shanghai City copyright management several provides (municipal government makes 2010 52nd, Amendment) 71 copy outside audio copyright authorized contract registration City News published Council 1. on on copy outside audio delegate contract for registration of notification (Dominion (1994) 59th,) 2. On on copy outside audio delegate contract for registration of added notification (Dominion (1995) 33rd,) 3. Shanghai City copyright management several provides (municipal government makes 2010 52nd, Amendment) Annex 2 China (Shanghai) free trade yan Management Committee administrative punishment matters directory a, and Shanghai city city management administrative law enforcement Ordinance, and Shanghai city city management relative concentrated administrative punishment right provisional approach, and

On expansion of the Pudong new area of Shanghai municipal 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.

Second, planning and land sector based on the laws, rules and regulations, illegal acts related to planning and land aspects of the exercise of administrative punishment.

Third, construction management departments according to the law, rules and regulations, of building violations in the exercise of administrative punishment.

D, environmental protection departments in accordance with the law, regulations and rules, administrative penalties for environmental violations.

Five, human resources and Social Security Department in accordance with the law, regulations and rules, administrative penalties for offences relating to labour protection.

Six, the intellectual property Department based on the laws, rules and regulations, violations of the terms of passing off the patent of administrative punishment.

Seven, the Housing Authority and Housing Department of housing security according to the law, rules and regulations, housing and housing violations in the exercise of administrative punishment.

Eight, the Civil Defense Department in accordance with the law, rules and regulations, illegal exercise of civil engineering construction and the use of administrative penalties.

Nine, the water supplies Department according to the law, rules and regulations, illegal exercise of administrative penalties for the supply of water. Ten, departments of statistics in accordance with the law, regulations and rules, administrative penalties for illegal exercise in statistics.

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