China (Guangdong) Free Trade Zone Management Pilot Scheme

Original Language Title: 中国(广东)自由贸易试验区管理试行办法

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  Chapter I General provisions First article to advance and guarantees China (Guangdong) 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, and State approved of China (Guangdong) free trade yan General Programme and about legal, and regulations,

Combined with the facts of the province, these measures are formulated. Article created by the present measures shall apply to the approval of the State Council of China (Guangdong) free trade zone (hereinafter referred to as the free trade zone).

Free trade zone including the Guangzhou Nansha zone area, Shenzhen Hai shekoupianqu, Zhuhai's hengqin new district before.

Third article since trade yan should relies on Hong Kong and Macao, and service mainland, and oriented world, to system innovation for core, promote Mainland and Hong Kong and Macao economic depth cooperation, in-depth advance between Guangdong and Hong Kong o service trade liberalization, strengthened international trade function integrated, deepening financial field of open innovation, innovation regulatory service mode, established and international investment and trade rules system phase adapted of management system, foster international, and rule of law of, and market camp business environment, for national full deepening reform and expanded open exploration new way, and accumulated new experience.

Chapter management system

Fourth article in accordance with the principles of integrated management, graded and responsible, capable and efficient, setting up free trade zone, management agencies and district authorities of the free trade zone.

Article fifth province people's Government set up the free trade zone leading coordinating body to co-ordinate research on the free trade zone regulations, development planning, considering and deciding major issues of free trade zone development, and guide the reform tasks, integrated and coordinated with relevant departments of the State, the city of Hong Kong and Macao and the free trade zone.

Established sixth province people's Government China (Guangdong) free trade zone Office, in accordance with these measures shall perform the following duties:

(A) implement the relevant construction of free trade zone of the State's principles, policies, laws, rules and regulations;

(B) research, encourage the introduction of free trade zone comprehensive reform, investment, trade, financial, and personnel policies and to guide their implementation;

(C) specific coordination with national and provincial authorities, Hong Kong and Macao, free trade zone, and related services;

(D) promoting regional regulatory bodies to establish a sound regulatory system;

(E) check the area free trade zone regulations the implementation of the evaluation of free trade zone status;

(F) statistics released the free trade zone and public information, external advocacy and communication work for organization of the free trade zone;

(VII) take on free trade zone leading coordinating body for daily work;

(H) take on other responsibilities endowed by the people's Government of the province. Article based on existing management body, the establishment of free trade zone area management agencies, responsible for the free trade zone the area specific services.

Each district administration office responsibilities from Guangzhou, Shenzhen and Zhuhai municipal people's Government shall be determined separately in accordance with these measures.

Relevant departments of the provincial government in accordance with the requirements of the district authority to exercise management rights at the provincial level the decentralization, to strengthen the coordination and guidance of the free trade zone area, supporting free trade zone of the work.

Chapter III investment management Article eighth free trade zone access to former national treatment for foreign investment and the negative list management. Fields on the negative list, foreign-funded projects for the record (unless approved by the State Council on domestic investment project); foreign-funded enterprises set up, change and implementation of the contract and articles for record management.

Free trade zone area management agencies are responsible for the District Administration on foreign investment matters for the record, perform a negative record for foreign investment matters outside of the list, after filing related formalities according to relevant regulations of the State. Nineth free trade zone within the investors can carry out various forms of overseas investment.

Foreign investment in the free trade zone project to implement records management in General, except for the project approved by the State Council on foreign investment.

Tenth article since trade yan the tablets district management institutions organization implementation enterprise access parallel approval, will foreign investment project approved (record), and foreign investment enterprise established and change approval (record), and business thing subject established registration, and organization institutions code card, and tax registration card (IRS, and tax), and social security registration,, and seal engraving record, matters into "a accepted" mechanism implemented parallel handle, gradually implementation business license, and organization institutions code card, and tax registration card, "more card one", and "a as first,".

11th free trade zone to promote facilitation of the registration system, according to law with registered capital subscription registration system.

Investors in foreign-invested enterprises established in the free trade zone, will be free to prescribe a period for business.

Registered businesses in the free trade zone (hereinafter referred to as in-zone enterprises), to free trade zone investment or business, you need to go through relevant procedures, in accordance with the regulations. 12th imposed free trade zone "after the first".

Businesses in the region after obtaining the business license to engage in production and business activities in general; subject to approval before they can carry out production and business activities, after obtaining the business license, should apply to the relevant authorities and after obtaining the approval documents and certificates, to carry out activities related to production and management.

Pre approvals required by production and business activities, shall, before applying for a business license, go through examination and approval procedures.

The fourth chapter of trade development and facilitation

13th free trade zone integration of internal and external trade development, encourage international and domestic trade enterprise in the region, the Pan-Pearl River Delta enterprises to provide comprehensive services, building an international commodity trading platform and resource allocation.

Free trade zone to promote trade in services development, encourage offshore trade, bonded exhibition, warehouse receipt finance, leasing bonded delivery, futures, cross-border e-commerce, foreign exchange trade in duty free shops, markets and other new developments.

Free trade zone that serve the public service platform of the transformation and upgrading of processing trade, and support the processing trade enterprises development in the region and settlement, bonded service, independent marketing services

Encourage enterprises to set up their headquarters in the area, set up integrated operations center of the trade, logistics, settlement and other functions.

14th article in the free trade zone of Guangzhou Nansha Port, before the Shenzhen Bay port and other areas under special customs supervision, the "first let go of safe and efficient control of, the second line" mode of entry and exit monitoring service, integration and optimization of special customs supervision measures, and based on the free trade zone development, explore the port supervision system innovation.

Guangzhou Nansha zone area, qianhai in Shenzhen Special customs supervision in the shekoupianqu area, according to the current mode regulation does not add "first-line, second-line" line management.

Zhuhai's hengqin new area determined in accordance with the State Council's "first tier relaxed, classified management of second-line control, separation of people and goods," implementation of the principle of hierarchical management, continue to explore port inspection model. 15th in accordance with convenient, safe and efficient customs clearance requirements, entry and exit monitoring system in the free trade zone.

Established in the free trade zone status classification monitoring system, implementation of paperless Customs clearance, low risk, fast release, promote the development of new trade. Outside into the Guangzhou Nansha Port before, Shenzhen Bay port, Zhuhai's hengqin new district (hereinafter referred to as the fence area) of the goods, you can import manifest to enter step by step go through the formalities of entry.

Export goods declaration, last in Hong Kong immigration and customs. Bonded storage of goods in the region does not have the storage duration.

Simplified purse seine regional circulation of goods flow, allows the distribution sets, own transport; realization of fence between it and other areas under special customs supervision of the efficient flow of goods.

16th section "import quarantine, relaxed import and export inspection, easy access and close to prevent safety risks" the principles of inspection and quarantine supervision system innovation in the free trade zone.

Establish entry and exit inspection and quarantine departments risk management mechanism of quality safety and disease outbreaks and implement paperless declarations, Visa, release, information inquiry service provides for entry-exit inspection and quarantine.

Into the fence outside the regional goods, shall be subject to entry quarantine inspection; in addition to focusing on sensitive goods, goods exempted from inspection. Purse-seine regional areas before shipment in accordance with enterprise applications, implement inspection system, a centralized testing, batch verification before release.

From the show trade zone of bonded goods exempted from inspection.

Fence area between enterprise storage and logistics goods exempted from inspection and quarantine.

In the free trade zone set up in favour of a third party inspection and authentication institutions develop and standardize the management system, the inspection and quarantine departments in accordance with law and international rules, accepted third-party test results.

17th cross sectoral free trade zone of trade, transport, processing, storage and integrated business management services platform, establish international trade single window to achieve the exchange of information, mutual recognition of regulatory, law enforcement and mutual assistance between.

Once the enterprise through a single window to submit standard electronic information management requirements, and feedback the results through a single window.

Article 18th free trade zone simplifies in-zone enterprises from Hong Kong, Macao and foreign workers employment permits and approval procedures, entry, exit and residence facilities.

Free trade zone in mainland enterprises who provide abroad convenient exit certificates.

Chapter fifth free trade zone functions

19th article since trade yan in mainland and Hong Kong on established more close trade relationship of arrangements and Mainland and Macau on established more close trade relationship of arrangements framework Xia implementation on Hong Kong and Macao more depth open, focus in financial service, and trade service, and professional service, and technology culture service and social service, field, canceled or relaxed on Hong Kong and Macao investors qualification requirements, and unit than limit, and business range, access limit measures.

20th article since trade yan relies on Hong Kong connection global market network and Macau radiation Portuguese language national market of advantage, reference Hong Kong and Macao in financial service, and information information, and international trade network, and risk management, aspects of advanced experience, will since trade yan construction became mainland "out of to" of important window and integrated service platform, strengthening and "area way" along national and area of trade and investment between, common develop international market.
Article 21st Macao sea air linkages, strengthening free trade zone and outside the shipping industry cluster district coordination development, exploring the development of internationally competitive systems and models of collaboration, building a 21st century logistics hub of the Silk Road on the sea.

Free trade zone development of international shipping, international shipping, international crew services, international shipping brokerage industry in the international ship management, international and the international air transport services, shipping, finance and other areas open to overseas investors to expand.

Free trade zone of competitive international ship registration policy, the establishment of efficient systems of flag registration.

Free trade zone to increase route, opening up of aviation rights efforts, promote the development of transit consolidation services to explore shipping freight index development and trading of OTC derivatives.

22nd to advance free trade zone in the area of cross-border renminbi business collaboration and innovation development, promote as a free trade zone and offshore cross-border RMB large trade and investment valuation, trading and settlement of major currencies.

Established in the free trade zone and the Pearl River Delta trade, science and technology, tourism, logistics, information and other suitable financial service system of liberalization of trade in services. Exploration through the establishment of free trade accounts and other means of risk control, cross-border investment and financing of innovation.

Focus on capital account convertibility of foreign exchange management reform, such as pilot, promoted free trade zone investment and financing Exchange facilitation.

According to the free trade zone development, approved by the financial management sector, allowing different levels and different functions, different types of financial institutions to enter the free trade zone to support established in the free trade zone for an international trading platform, a multi-layered, a full range of financial services.

23rd free trade zone to Hong Kong and Macao and foreign talents in the entry and exit, stop in China residence, evaluation of project, innovation and entrepreneurship, incentives, services, giving special protection policies.

Through a special mechanism, promote the mutual recognition of professional qualifications, Hong Kong and Macao services.

24th new Pearl River Delta port clearance mode, speeding up the integration regulation, building a unified and efficient, linked with the Hong Kong and Macao port regulatory mechanisms.

Speeding up implementation of vehicles in Macao on hengqin between Macao and facilitate access to the policy.

The sixth chapter of the integrated management and services

25th in the free trade zone innovation 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. Article 26th free trade zone area should establish a centralized and unified integrated system of administrative law enforcement, establish intersectoral cooperation and coordination of joint law enforcement mechanism.

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

27th free trade zone shall cooperate with the relevant departments of the State foreign investments in the free trade zone of national security review and concentration the antitrust review, the implementation of full regulation of foreign investment.

28th free trade zone should be combined with sound financial management the financial risk monitoring and assessment, construction of free trade zone financial macro-prudential management system, establish a free trade zone development of risk prevention mechanism of financial business.

29th free trade zone should be put over the existing tax policies, in accordance with State regulations, the implementation of tax policy to promote investment and trade; fence area special customs supervision of tax policy that can be executed.

Tax authorities should be established in the free trade zone and convenient tax system, tax administration modernization pilots to implement online tax offers online tax advice, tax services such as processing of queries towards transregional TeleTax.

Taxation departments should use tax information systems and free trade zone regulations information sharing platform for tax risk monitoring, improve the level of tax administration.

30th protects workers in the free trade zone of employment, remuneration, rest and vacations, work safety and occupational health, training, insurance, benefits, and rights to participate in enterprise management.

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.

31st free trade zone should strengthen environmental protection work, exploring the evaluation of environmental impact, risk factors management, enhance the management and efficiency of environmental protection.

Encourage enterprises 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. 32nd free trade zone should be strengthening the work of intellectual property protection, improve the administrative connection between protection and judicial protection mechanisms.

Exploring the establishment of a unified system of management and enforcement of intellectual property rights.

Improving the intellectual property dispute resolution and human rights assistance mechanism.

33rd free trade zone should be set up and perfect enterprise credit information collection, disclosure, use of system and promoting cross-sectoral multidisciplinary credit application information integrated management, incentive, warning, disciplinary system.

Free trade zone to encourage credit services organizations use credit information to develop credit products for administrative supervision, market transactions, such as providing credit services, encouraging enterprises and individuals using credit products and services.

34th free trade zone shall practise annual report publication and business directory of abnormal system. In-zone enterprises shall submit the annual report provided to the management area. 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 for information of enterprises according to law to carry out random checks of enterprises is not in accordance with the provisions of the term public annual reports or publicity about the term that is not in accordance with the order information, included in the enterprise management exception list, and through the business credit information publicity system to the public. 35th in the free trade zone to promote e-Government, administration areas to promote electronic signatures and electronic documents having force of law, the implementation of electronic document archiving and electronic records management.

Electronic files and paper files have the same legal effect. Article 36th in the free trade zone building a unified regulatory information-sharing platform, promote the collection, Exchange and sharing of regulatory information.

Free trade zone area management bodies and relevant departments should take the initiative to provide information to participate in information exchange and sharing.

Free trade zone area management bodies and relevant departments should rely on information sharing platform, integration of regulatory resources, promote the dynamic supervision, increase the effectiveness of joint supervision and collaboration services.      

Regulatory information collection, Exchange, share approaches, developed separately by the provincial people's Government.

37th District Administration should be timely, complete, free trade zone, to submit statistical data and business information management.

Free trade zone to establish information dissemination mechanisms, through press conferences, meetings or writing in the form of the communications, and publishing free trade zone related information in a timely manner.

Free trade zone involving free trade zone management should be laws, regulations, rules, policies, procedures and other information, in China (Guangdong) free trade zone portals and various area management published on the portal site to facilitate public enquiries.

38th free trade zone should be special and integrated assessment of tests, assessments can attract public, enterprise or a third-party assessment bodies will take part in.

39th to encourage law firms, accounting firms, tax office, intellectual property, services, customs clearance and inspection bodies, inspection bodies, certification bodies, ship and crew agents, notaries, judicial authentication institutions, credit services and other professional bodies operating in the free trade zone.

40th parties to the free trade zone areas management institution or administrative acts of the authorities, may, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

41st enterprises of commercial disputes in the free trade zone, you can bring a lawsuit, or in accordance with the contract, apply for arbitration or conciliation.

Arbitration institutions, professional commercial disputes conciliation mechanism should be based on law, regulation and learn from international practices, carried out in the scope of free trade zone commercial conciliation and arbitration, settlement of commercial disputes.

The seventh chapter by-laws 42nd these measures come into force on the date of promulgation.

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