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Shanghai Municipal People's Government On The Revision Of The Shanghai Lingang New City Administrative Policy Decision

Original Language Title: 上海市人民政府关于修改《上海市临港新城管理办法》的决定

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(The 12th ordinary meeting of the Government of the Shanghai City, held on 30 June 2008, considered the adoption of the Decree No. 4 of 3 July 2008 on the date of publication of the Government of the Shanghai City, on 3 July 2008)

The Government of the city has decided to amend the New Town of Shanghai as follows:
The second amendment reads as follows:
The new town of the Shanghai Port-au-Prince (hereinafter referred to as the new town of Port-au-Prince) consists of central areas (the main urban area), major industrial areas, integrated areas, heavy equipment industries, logistics parks and terminal logistics parks. The central area (the main urban area), the main industrial area, the integrated area, the heavy equipment industry area, the north to the Great River, the south-west to A30 Highway - the southern treasury area, east, south-east to the planning of the coastline area; the port logistics area is under the control of the area north-east of the area of the kichia province to the east-east railway station (Peace station), and the ports of the south-east to the Gulf.
Article 3, paragraph 1, was amended to read:
In accordance with the national economic development strategy and the overall planning requirements of the Shanghai City, the new city should be established at the core of modern equipment manufacturing and modern services, based on high-value-added advanced manufacturing, high-technical industries, and integrated seaports such as advanced manufacturing, modern logistics, marine science and technology, research and development services, export processing and education training.
Paragraphs Page
(Charter and special funds)
The city has established the New Town Management Committee (hereinafter referred to as the Committee). The Commission is a sending agency of the city's Government to exercise the following duties:
(i) Develop, modify, implement specific provisions for the development planning, planning, industrial policies and administration of the new city;
(ii) Approval of projects such as investment and development in the new town of Port Louis;
(iii) The administration of infrastructure and construction works in the new town of Port-au-Prince;
(iv) Determination of the project for the transfer of results from new technologies in the new town of Port-au-Prince;
(v) Harmonize the day-to-day administration of businesses in the new town of Port-au-Prince by the administrative departments, such as the Shanghai Customs, the Upper Sea Access Control Agency, the People's Bank's Shanghai Subsidiaries, the National Foreign Exchange Authority;
(vi) Provide guidance and services to enterprises in the new town of Port-au-Prince;
(vii) Other matters to be taken up by the Government of the city.
The city has established special development funds in the new town of Port-au-Prince to support the development, construction and development of the new town of Port-au-Prince. The use management approach for earmarked development funds was developed by the Municipal Finance Bureau in conjunction with the municipal development reform committees and other departments.
Article 5 amends as follows:
The Committee is responsible for the management of administrative affairs in the new town of Port-au-Prince.
The Board shall establish, in conjunction with the Municipal Chamber of Commerce and Industry, the Municipal Quality Technician, the Municipal Finance Bureau, the National Tax Administration, the Municipal Labour Guarantee Agency, the Municipal Personnel Agency, the Municipal Public Security Agency and the Government of the People of the Southern Turkmen Region, the Government of the People of the Upperi District, the appropriate institutions within the new town of Port-au-Prince to focus on the administration and perform the related administrative responsibilities.
The Government of the people of the South Bank, the Government of the people of the Upperi region, is responsible for the coordination and management of public affairs, such as financial, tax, business, public safety, labour guarantees, culture, education, health, urban congestion, sanitation, civil affairs, administration of justice, family planning and rural and community.
Paragraphs 2 and 3 of Article 6.
The overall planning of the new town of Port-au-Prince is prepared by the Urban Planning Bureau with the Commission, the Government of the people of the South-Bordered Zone, the Government of the people of the Upperi region and the relevant sector organizations, and is approved by the Government of the city.
Specific planning for the new town of Port-au-Prince is prepared by the Board with the relevant sector organizations, with the approval of the Government of the city following a comprehensive balance between the city planning authorities.
Delete paragraphs 4 and 5.
Article 7 amends as follows:
(Leal development and house demolition management)
The Commission shall, in accordance with the overall planning and control planning of the new town of Port-au-Prince, propose a land reserve programme and report in accordance with the relevant provisions of the State and the city. The Government of the people of the South Bank, the people of the Upperi region, together with the Commission, has established land reserves for land reserves and has been established and managed by its mandated units. The implementation units of the former development works should be determined through open tendering.
The Government of the people of the South Bank and the Government of the people of the Upperi region are responsible for the management of demolitions, in accordance with the provisions of the State and the city.
Paragraphs Page
(Percentage management)
The tenders for construction work in the new town of Port-au-Prince, the completion of the worksheet, etc., are governed by the Commission.
In addition to large-scale construction works, the quality and safety of construction works in the new town of Port-au-Prince are monitored by the Committee.
Amendments to Articles 9 are as follows:
(Option of administrative licences)
The Board accepts the authorization of the municipal administration sector and implements the following administrative licence matters in the new town of Port-au-Prince:
(i) Approval by external investment companies commissioned by the foreign-sector authorities;
(ii) Approval of enterprise investment projects commissioned by sectors such as development reform;
(iii) Planning management-mandated construction project selections, construction of land planning licences, construction of engineering planning design programmes, approval of construction engineering planning licences and construction of engineering clearances;
(iv) In addition to the collective conversion of all land, farmland to the building of land and the unused land for construction projects, the allocation of land-use rights by land administrations and the provision of concessions, etc. for pre-trial purposes;
(v) Approval of construction reports commissioned by the construction management, preliminary design of construction works and construction work permits;
(vi) Approval of the temporary occupancy of roads, excavations of roads, super-limited vehicles through bridges, construction lines attached to bridges, bridge safety protected areas and occupier facilities;
(vii) Removal, logging and provisional use of public green areas commissioned by green management;
(viii) The construction projects and approvals for drainage within the framework of the municipal administration;
(ix) Approval by the Civil Defence Administration for the construction of airfields in conjunction with civilian buildings;
(x) Administrative licence matters entrusted by the law by the other administrative authorities.
The specific elements entrusted by the former administrative licence matter are clearly defined by the Commission and the relevant authorities in the letter of commission. The Board should submit the administrative management request entrusted to it for the commission of administrative licences, and the administrative management entrusted should guide and monitor the implementation of administrative licences by the Commission.
Article 10 amends as follows:
(Coordinated law enforcement inspections)
In addition to the construction of engineering and management permits under Articles 8 and 9 of this approach, the Committee shall coordinate the implementation of administrative law enforcement functions in the new city of Port-au-Prince in accordance with the statutory procedures.
Paragraphs Page
The findings of the project for the transfer of results from new technologies in Port-au-Prince, software enterprises and high-level new technologies have been harmonized by the Commission, such as the Municipal Council, the Urban Information Committee and the City's High-Level New Technologies Business Determinants, and “one door” is accepted. The Board conducts the identification process in accordance with the principles of adherence to the criteria and efficiency, simplification of procedures and facilitation of business, and will identify the results to be presented to the relevant administrative departments, institutions.
Paragraphs 12 and 13 (iii) were amended to read as follows:
The policy of the software industry is encouraged.
This decision is implemented since the date of publication. The New Town Management Approach to the Shanghai City has been re-published in accordance with this decision.

Annex: New Town Management Approach to Shanghai City (Amendment 2008)
(Act No. 16 of 28 December 2003 of the Supreme People's Government Order No. 16 of 3 July 2008 and re-issued, in accordance with amendment No. 4 of the Supreme People's Government Order of 3 July 2008)
Article 1
In order to regulate the management of the new town of Port-au-Prince, to promote the construction and development of new cities in Port-au-Prince, this approach is based on laws, regulations and national policies.
Article 2 (Regional)
The new town of the Shanghai Port-au-Prince (hereinafter referred to as the new town of Port-au-Prince) consists of central areas (the main urban area), major industrial areas, integrated areas, heavy equipment industries, logistics parks and terminal logistics parks. The central area (the main urban area), the main industrial area, the integrated area, the heavy equipment industry area, the north to the Great River, the south-west to A30 Highway - the southern treasury area, east, south-east to the planning of the coastline area; the port logistics area is under the control of the area north-east of the area of the kichia province to the east-east railway station (Peace station), and the ports of the south-east to the Gulf.
Article 3 (Development orientation)
In accordance with the national economic development strategy and the overall planning requirements of the Shanghai City, the new city should be established at the core of modern equipment manufacturing and modern services, based on high-value-added advanced manufacturing, high-technical industries, and integrated seaports such as advanced manufacturing, modern logistics, marine science and technology, research and development services, export processing and education training.
New ports are encouraged to reform and innovation in the administration system, mechanisms and become an integrated pilot area for emerging industries and emerging industries.
Article IV
The city has established the New Town Management Committee (hereinafter referred to as the Committee). The Commission is a sending agency of the city's Government to exercise the following duties:
(i) Develop, modify, implement specific provisions for the development planning, planning, industrial policies and administration of the new city;
(ii) Approval of projects such as investment and development in the new town of Port Louis;
(iii) The administration of infrastructure and construction works in the new town of Port-au-Prince;
(iv) Determination of the project for the transfer of results from new technologies in the new town of Port-au-Prince;
(v) Harmonize the day-to-day administration of businesses in the new town of Port-au-Prince by the administrative departments, such as the Shanghai Customs, the Upper Sea Access Control Agency, the People's Bank's Shanghai Subsidiaries, the National Foreign Exchange Authority;
(vi) Provide guidance and services to enterprises in the new town of Port-au-Prince;
(vii) Other matters to be taken up by the Government of the city.
The city has established special development funds in the new town of Port-au-Prince to support the development, construction and development of the new town of Port-au-Prince. The use management approach for earmarked development funds was developed by the Municipal Finance Bureau in conjunction with the municipal development reform committees and other departments.
Article 5 (Management of public affairs)
The Committee is responsible for the management of administrative affairs in the new town of Port-au-Prince.
The Board shall establish, in conjunction with the Municipal Chamber of Commerce and Industry, the Municipal Quality Technician, the Municipal Finance Bureau, the National Tax Administration, the Municipal Labour Guarantee Agency, the Municipal Personnel Agency, the Municipal Public Security Agency and the Government of the People of the Southern Turkmen Region, the Government of the People of the Upperi District, the appropriate institutions within the new town of Port-au-Prince to focus on the administration and perform the related administrative responsibilities.
The Government of the people of the South Bank, the Government of the people of the Upperi region, is responsible for the coordination and management of public affairs, such as financial, tax, business, public safety, labour guarantees, culture, education, health, urban congestion, sanitation, civil affairs, administration of justice, family planning and rural and community.
Article 6 (planning)
The overall planning of the new city should be based on national and city economic development strategies and the overall planning of cities, reflecting the requirements for the development of the new town of Port-au-Prince with the seamounts.
The overall planning of the new town of Port-au-Prince is prepared by the Urban Planning Bureau with the Commission, the Government of the people of the South-Bordered Zone, the Government of the people of the Upperi region and the relevant sector organizations, and is approved by the Government of the city.
Specific planning for the new town of Port-au-Prince is prepared by the Board with the relevant sector organizations, with the approval of the Government of the city following a comprehensive balance between the city planning authorities.
Article 7
The Commission shall, in accordance with the overall planning and control planning of the new town of Port-au-Prince, propose a land reserve programme and report in accordance with the relevant provisions of the State and the city. The Government of the people of the South Bank, the people of the Upperi region, together with the Commission, has established land reserves for land reserves and has been established and managed by its mandated units. The implementation units of the former development works should be determined through open tendering.
The Government of the people of the South Bank and the Government of the people of the Upperi region are responsible for the management of demolitions, in accordance with the provisions of the State and the city.
Article 8
The tenders for construction work in the new town of Port-au-Prince, the completion of the worksheet, etc., are governed by the Commission.
In addition to large-scale construction works, the quality and safety of construction works in the new town of Port-au-Prince are monitored by the Committee.
Article 9
The Board accepts the authorization of the municipal administration sector and implements the following administrative licence matters in the new town of Port-au-Prince:
(i) Approval by external investment companies commissioned by the foreign-sector authorities;
(ii) Approval of enterprise investment projects commissioned by sectors such as development reform;
(iii) Planning management-mandated construction project selections, construction of land planning licences, construction of engineering planning design programmes, approval of construction engineering planning licences and construction of engineering clearances;
(iv) In addition to the collective conversion of all land, farmland to the building of land and the unused land for construction projects, the allocation of land-use rights by land administrations and the provision of concessions, etc. for pre-trial purposes;
(v) Approval of construction reports commissioned by the construction management, preliminary design of construction works and construction work permits;
(vi) Approval of the temporary occupancy of roads, excavations of roads, super-limited vehicles through bridges, construction lines attached to bridges, bridge safety protected areas and occupier facilities;
(vii) Removal, logging and provisional use of public green areas commissioned by green management;
(viii) The construction projects and approvals for drainage within the framework of the municipal administration;
(ix) Approval by the Civil Defence Administration for the construction of airfields in conjunction with civilian buildings;
(x) Administrative licence matters entrusted by the law by the other administrative authorities.
The specific elements entrusted by the former administrative licence matter are clearly defined by the Commission and the relevant authorities in the letter of commission. The Board should submit the administrative management request entrusted to it for the commission of administrative licences, and the administrative management entrusted should guide and monitor the implementation of administrative licences by the Commission.
Article 10 (Coordination of law enforcement inspections)
In addition to the construction of engineering and management permits under Articles 8 and 9 of this approach, the Committee shall coordinate the implementation of administrative law enforcement functions in the new city of Port-au-Prince in accordance with the statutory procedures.
Article 11
Business administrations should be completed within three working days of the date of receipt.
The law, administrative regulations stipulate that matters for approval should be taken before, and are centrally processed by the relevant sectors of the city and that the approval process has been completed within five working days from the date of admissibility.
Article 12
The findings of the project for the transfer of results from new technologies in Port-au-Prince, software enterprises and high-level new technologies have been harmonized by the Commission, such as the Municipal Council, the Urban Information Committee and the City's High-Level New Technologies Business Determinants, and “one door” is accepted. The Board conducts the identification process in accordance with the principles of adherence to the criteria and efficiency, simplification of procedures and facilitation of business, and will identify the results to be presented to the relevant administrative departments, institutions.
The municipal administration authorities, institutions oversee the Commission's identification and issuance of documents, and the determinations that are incompatible with standards or requirements are entitled to be withdrawn.
Article 13 (Percentage)
Enterprises and projects in the new town of Port-au-Prince, as determined by the relevant administrations, institutions or committees, can benefit from the following and the relevant policy of preference:
(i) To encourage preferential policies for industrial development and technological progress in modern equipment;
(ii) To encourage the transfer of scientific and technological results and industrialized preferential policies;
(iii) To encourage preferential policies in the software industry;
(iv) Relevant preferential policies for SME development;
(v) Encourage investment and other relevant policies to improve the investment environment.
Article 14.
National and foreign professionals are encouraged to work in construction, business operation, scientific research project development and results-based transformation within the new town of Port-au-Prince. The introduction of talents can be carried out in accordance with the relevant provisions of this city or the Shanghai City residence certificate.
A simplified process of clearance of persons in the new town of Port-au-Prince for public departures, for those who require regular departures, may apply the “one approval, multiple effectiveness” approval method or procedures for the repatriation of Hong Kong, Macao.
Article 15
The Commission should provide a wide range of brokering services for enterprises, institutions through the improvement of the brokering service system.
The Board may establish, under the law, institutions such as gates, vetts, to provide services for foreign trade to enterprises, institutions.
Article 16
The executive branch and other units require the participation of enterprises in the new town of Port-au-Prince in the evaluation exercise, and shall be consulted in advance.
Article 17
The Board shall, at the request of the public administration, make a presentation on the basis, content, conditions, procedures, time periods and the form of application for all submissions.
The applicant requests the Board to provide clarifications and explanations of the content, and the Board should clarify, explain and provide accurate and reliable information.
In the new town of Port-au-Prince, enterprises consider that the management of the administrative sector is not in accordance with the provisions of this approach or that the preferential treatment that they should enjoy could be brought to the Commission.
Article 18
This approach has been implemented effective 1 February 2004.