The measures for the administration of China (Shanghai) free trade area has 24 September 22, 2013 municipal government executive meeting, are hereby released, effective as of October 1, 2013.

The mayor Yang

On September 29, 2013

Measures for the administration of China (Shanghai) free trade region

(on September 29, 2013, Shanghai municipal administration announced no. 7)

The first chapter the general

Article 1 (purpose and basis)

In order to promote China (Shanghai) free trade area construction, according to the National People's Congress standing committee on the authorization of the state council in China (Shanghai) free trade area temporarily adjust the decision of the administrative examination and approval of the relevant law ", "China (Shanghai) free trade area overall plan and the relevant laws and regulations, and these measures.

Article 2 (scope)

These procedures shall apply to the state council approved China (Shanghai) free trade area (hereinafter referred to as the "free trade area"). Free trade area covers the Shanghai waigaoqiao free trade zone, Shanghai waigaoqiao bonded logistics park and Shanghai pudong airport, yangshan bonded port comprehensive bonded zones, with a total area of 28.78 square kilometers.

Article 3 (area)

Free trade area to promote service industry management system reform, opening wider to the outside and investment to promote transformation and upgrading of trade, deepen the financial field opening, innovate service pattern, explore the establishment and system of international investment and trade rules that meet the needs of the administrative management system, cultivating international, under the rule of law in the business environment, play the positive role of demonstration, service in driving the national.

The second chapter management institutions

Article 4 (administration)

The city was set up in China (Shanghai) free trade area management committee (hereinafter referred to as the "board"). The ac for the city resident agencies, specific tasks to carry out the free trade area reform, overall management and coordination of administrative affairs relating to the free trade area.

The city authorities and the pudong new area district government should strengthen the collaboration, support the work of the ac.

Article 5 the (responsibility)

The ac shall perform the duties according to these measures:

(a) is responsible for promoting the implementation of free trade area the reform of various tasks, to study and put forward and organize the implementation of free trade area development plan and policy measures, formulate relevant administrative system of free trade area.

(2) is responsible for the free trade zone investment, trade, financial services, planning, land, construction, green city appearance, environmental protection, labor personnel, food and drug regulation, intellectual property rights, culture, health, statistics and other aspects of administrative work.

(3) the leadership of industry and commerce, quality supervision, taxation, public security departments in free trade zone administrative work; Coordinating the customs, inspection and quarantine, maritime affairs, finance and other departments in free trade zone administrative work.

(4) undertake safety review, antitrust review related work.

(5) responsible for free-trade test zone comprehensive law enforcement, organization to carry out free trade zone city management, culture and other fields of administrative law enforcement.

(6) is responsible for the trade test zone comprehensive service work, to free trade of the enterprises in the test and related institutions provide guidance, consulting and services.

(7) responsible for free-trade test area information construction, organization to establish free trade area supervision information sharing mechanism and platform, release of public information in a timely manner.

(eight) guide free trade as a whole test area industry layout and the development and construction activities, coordinate major investment projects in the area to promote free trade test.

(9) other duties given by the municipal government.

Formerly Shanghai waigaoqiao free trade zone management committee, the yangshan bonded port area management committee, the Shanghai composite bonded area management committee is responsible for the relevant administrative affairs respectively, unified by the ac.

Article 6 (comprehensive law enforcement)

The ac comprehensive law enforcement agencies in accordance with the law to fulfill the following duties:

(a) on the exercise of administrative punishment in the field of city management, culture, and the right of administrative enforcement measures related to the administrative punishment and administrative inspection.

Homeland (2) focus on the exercise of reason in the city planning, construction, housing, housing management, environmental protection, civil defense, human resources, intellectual property rights of social security, food and drug supervision, statistics department based on administrative punishment to the enforcement of laws, regulations and rules, related to the administrative punishment and the rights of administrative compulsory measures and administrative inspection.

(3) of the municipal government decided to other administrative punishment is exercised by the ac comprehensive law enforcement agencies.

Article 7 (centralized services)

The ac shall be based on free trade area of the regional layout and enterprise needs, set up a centralized administrative service and management issues.

Article 8 (ZhuOu institution)

Customs, inspection and quarantine, maritime affairs, industry and commerce, quality supervision, taxation, public security departments to set up the free trade area, fulfill its free-trade area in accordance with the relevant regulation and administrative management responsibilities.

Article 9 (other administrative affairs)

Municipal authorities and the pudong new area government in accordance with their respective responsibilities, bear the free-trade area other administrative affairs.

The third chapter investment management

Article 10 the opening wider to the outside (services)

Free-trade area according to the China (Shanghai) free trade area overall plan, in financial services, shipping services, business services, professional services, cultural services and social services in the areas of opening wider to the outside, to suspend or cancel the investor qualification requirements, these restrictions, such as business scope limit access restrictions.

Free trade area based on the first try push and industry development needs, expand continuously explore open field, experimental content and the corresponding measures of system innovation.

Article 11 (negative inventory management mode)

Free trade area with the foreign investment access before the national treatment, the implementation of the foreign investment access management mode is the (negative) special management measure.

Foreign investment access to special field management measures (negative list), according to the domestic and foreign consistent principle, change the foreign investment projects by the authorization to records, but the provisions of the state council to retain approval except for domestic investment projects; Change the contract articles of association of enterprises with foreign investment approval to put on record management.

Free trade area of foreign investment access list (negative), special management measures announced by the municipal government. Foreign investment projects and foreign investment enterprises for the record, shall be formulated by the municipal government.

Article 12 (records) in the overseas investment

Free-trade test to start a business in the overseas investment of the enterprises mainly records management way, to the overseas investment projects in general practice records.

Starting a business overseas investment and foreign investment project for the record, shall be formulated by the municipal government.

Article 13 (registered capital subscribed the contract)

Registration system, the free trade area with the registered capital subscribed to by the shareholders of a company (promoter) for its subscribed capital contribution, contributive way, investment period such as autonomous agreed and recorded in the company's articles of association, but the laws and administrative regulations for specific unless it is otherwise provided for by the enterprise registration of registered capital.

Shareholders (promoter) responsible for the contribution for the authenticity, legitimacy, and with its subscribed capital contribution or subscribing for shares in the limit of liability to the company.

Article 14 (the business license and business license)

Free-trade test area obtained the business license of the enterprise can engage in general production and business operation activities; Engaged in the production and business operation activities of the need to license, can be in after obtaining the business license, apply for to the competent authority.

Laws, administrative rules and regulations must be reported for approval to set up enterprises, shall apply for business license before the approval formalities in accordance with the law.

The fourth chapter trade development and facilitation

Article 15 the transformation and upgrading of (trade)

Free-trade area actively developing headquarters economy, encouraging multinational company in free trade zone set up headquarters in the asia-pacific region, establish integrated function such as trade, logistics, clearing operations center.

Free trade area to promote international trade, warehousing logistics, processing and manufacturing business transformation and upgrading, development of offshore trade, international trade settlement, international commodity futures bonded delivery, cross-border transactions, leasing and financing, e-commerce and other new business.

To encourage free trade of the enterprises in the test plan as a whole in international and domestic trade, achieved the integration of foreign trade development.

Article 16 (hub)

Free-trade area play with waigaoqiao port, yangshan deep-water port, pudong airport hub linkage effects, to strengthen the coordinated development of free trade area outside of shipping industry cluster area.

Free trade area development of shipping finance, international shipping, international ship management, international ship management, international shipping agency industry, such as the development of shipping freight index derivatives trading business. Aviation goods international transit free-trade area development, intensify open routes, navigation.

Free trade area has competitive international ship registration policy, establishing the high efficiency of registration registration system. Free trade of the enterprises in the test can be "yangshan port in China" as the port of registry of the ship registration, engaged in international shipping business.

Article 17 (inbound and outbound supervision system innovation)

To free trade in and out of the goods between experimental zone and outside, allowing free trade of the enterprises in the test on the strength of the import manifest information first delivery the goods into the area, and then go through the formalities of customs for the record. In free trade area and the area between in and out of the goods, the intelligent monitoring, electronic information networking management mode, perfect the listing than ammunition, books management, cargo nuclear regulatory regime.

To allow free trade of the enterprises in the test before the goods out of the area to choose the time to apply for inspection.

Free trade area the regulatory model of different categories of goods status. Test with free trade zone of bonded warehousing, processing, such as goods, bonded goods in accordance with state regulations; Through experimental area for free trade port or international transit goods of imports and exports, according to the port cargo state regulation; To enter free-trade test in particular domestic trade goods, bonded goods in accordance with the state regulations.

Article 18 (inbound and outbound service facilitation)

Free trade area to promote new business regulation innovation pilot, the establishment and service trade, offshore trade and new trade regulation mode that can meet the needs of business development demand.

Free trade area develop international transit, consolidation and distribution business. Implementation of "one declaration, one inspection, a release" mode.

Transfer formalities, simplify the free-trade test zone goods in accordance with the "centralized declaration, transportation itself", to promote free trade test goods circulation between the enterprises in the area.

Encouraged to set up the import and export commodity inspection appraisal organization. Set up to the third party inspection appraisal institutions admissibility mechanism of test results.

The fifth chapter financial innovation and risk prevention

Article 19 (financial innovation)

In the field of free trade area to carry out the financial system innovation, first try first, to establish free trade area of financial reform and innovation and construction of Shanghai international financial center linkage mechanism.

Article 20 (capital account convertibility)

Capital account convertibility in free trade area shall, under the premise of risk control, through separate accounting accounting, business and management mode innovation.

Article 21 (interest rate marketization)

In free trade and the real economic development experimental zone of financial institutions, independent pricing mechanism, promote the reform of marketization of interest rate step by step.

Article 22 (cross-border yuan use)

Free-trade test in-area cross-border RMB settlement business and decoupling pre approval link. Free trade of the enterprises in the test can need according to their own business, cross-border RMB business innovation, implement the cross-border facilitation.

Article 23 the (foreign exchange administration)

To be adapted with the free trade area development needs of the foreign exchange management system, promote trade and investment facilitation.

Article 24 the subject development (financial)

According to the requirements of the free trade area, upon the approval of the state financial management department, to allow different levels, different function, different types of financial institutions into the free trade area, allowing the financial markets in free trade zone to establish an international trading platform, providing multi-level and comprehensive financial services.

Article 25 (risk)

Strengthen the coordination with the national financial management department, to the city with the country's financial management in the free trade area to be adapted with the financial business development regulation and risk prevention mechanism.

The sixth chapter comprehensive management and services

Article 26 (management)

Free trade area in accordance with the requirements of the internationalization, the rule of law, establish efficient mode of management and service, to promote investment and trade facilitation.

Article 27 (management information)

Management committee and relevant departments in the process of production or access policy content and information such as regulations, procedures and rules shall be open, transparent, convenient query.

Free-trade area related policies and measures in the process of the formulation and adjustment, system specification, should take the initiative to solicit opinions of the enterprises in the free-trade test.

Article 28 (bite accepted mechanism)

Free trade area of industry and Commerce Department under the state council in conjunction with the tax, quality control department and the management committee set up enterprises with foreign investment project approval (for the record) and set up (change) "a table to declare, to accept the" working mechanism. Industrial and commercial department receives the applicant to submit application materials, unified to the relevant document to the applicant.

Management committee set up free-trade test overseas investment of the enterprises in the area, for the record "table to declare, to accept the" working mechanism, unified receiving the applicant to submit the application materials, unified to the relevant document to the applicant.

Article 29 (perfect regulation)

Management committee and relevant departments shall, in accordance with the free trade area reform demand, a dynamic regulation is given priority to with the regulatory approaches, optimize the management process and management system.

Free trade area law enforcement inspection, shall timely in accordance with the public. Involved in food and drug safety, public health, environmental protection, production safety, should also be open processing progress, and issue the necessary information such as warning, prevention advice.

Article 30 (safety review and antitrust review)

Free trade area to establish safety review and antitrust review of the relevant working mechanism.

Investment project or enterprise belong to the scope of security review, the antitrust review, the ac shall timely carry out safety review, antitrust scrutiny.

Article 31 (protection of intellectual property rights)

Strengthening the free trade area protection of intellectual property rights, encourage and support the professional organization to provide support for the mediation, the rights of intellectual property rights, etc.

The ac free-trade test patent disputes in the area of administrative mediation and processing.

Article 32 the publication (corporate annual report)

Implement free trade of the enterprises in the test system of the annual report of the public. Free-trade test zone enterprises shall submit an annual report to the ministry of commerce and industry. The annual report shall publish to the society, involving trade secrets unless the content. Responsible for the authenticity, legitimacy of the annual report of the enterprise.

Free-trade test the enterprises in the area, the annual report of the public measures shall be formulated separately.

Article 33 (credit information system)

Establish free trade zone enterprise credit information records, openness, sharing and utilization system, introduce and trustworthy incentive and disciplinary linkage mechanism.

Article 34 (regulatory information sharing)

The ac organization to establish free trade area supervision information sharing mechanism and platform, customs, inspection and quarantine, maritime affairs, finance and national development and reform, business, industry and commerce, quality control, finance, taxation, environmental protection, safety production supervision, ports, shipping and other departments of the regulatory information exchange, exchange and sharing, in order to optimize the management process, to provide efficient and convenient services, strengthen the supervision of things afterwards.

Article 35 (comprehensive evaluation)

The city in the free trade area established industry information tracking, regulation and the collection of comprehensive evaluation mechanism.

The municipal development and reform department jointly with the municipal authorities and the ac work mechanism, to carry out the industry as a whole, industry enterprises pilot implementation and comprehensive assessment of the risk prevention, put forward the relevant evaluation report, opening more areas in a perfect, experimental content and the system innovation measures.

Article 36 (administrative reconsideration and litigation)

The parties is not satisfied with the management committee or the relevant departments of the specific administrative act, can be in accordance with the administrative reconsideration law of the People's Republic of China or the administrative procedure law of the People's Republic of China "regulation, apply for administrative reconsideration or institute an administrative lawsuit.

Article 37 (commercial dispute resolution)

Free trade of the enterprises in the test commercial disputes occur, they may bring a suit in a people's court, may also be in accordance with the contract, apply for arbitration or commercial mediation.

Support this city arbitration institution according to law, regulations and international practice, perfect the rules of arbitration, improve the level of free trade area commercial disputes arbitration professional and internationalization.

Support all kinds of professional trading disputes mediation organization in accordance with international practice, take many forms, free-trade area commercial disputes.

The seventh chapter bylaws

Article 38 (attachment)

The ac for the administrative examination and approval matters, concrete administrative affairs and the ac comprehensive law enforcement agencies concentrated exercise of the administrative punishment, by the way of attachment to be clear.

Article 39 (effective date)

In the present measures shall be implemented as of October 1, 2013.

The attachment

The administrative examination and approval matters, the responsibility for the ac

(a) investment entrusted by the administrative departments of the enterprise investment project approval.

(2) the business entrusted by the administrative departments of examination and approval for establishment and alteration of enterprises with foreign investment, overseas investment of starting a business for examination and approval.

(3) planning entrusted by the administrative departments of construction project site selection, assessment, planning conditions, the construction land planning permit for construction project planning and design scheme, construction project planning permit approval, construction project completion acceptance plan.

(4) in addition to the new construction land, the land administrative departments entrusted by the state-owned land use right transfer, transfer pre-examination of construction, etc.

(5) entrusted by the administrative departments of construction project legal permission of the construction project for examination and approval of the preliminary design, construction engineering construction permits, takes up urban road pavement permission set all kinds of facilities, temporary road and highway land grants, Bridges safety protection area construction license, the license of the digging road land within the scope of buried pipeline and pipeline crossing, cross the road for examination and approval, add reconstruction plane crossroads licensing, overloading transportation vehicle license, enterprises with foreign investment for the first time to apply for construction engineering design and construction enterprise qualification approval.

(6) entrusted by the administrative departments of greening the city greening plan approval and completion inspection and acceptance of construction projects, the temporary use of green space permits (including public green space), migration, cut down trees and fomous trees (except) permission to adjust the internal public green space layout, service facilities set permission, installing outdoor advertising facilities or posted, hanging licensing propaganda materials, banners, outdoor advertising facilities set the examination and approval, supporting the construction of environmental sanitation facilities planning, design scheme for examination and approval and the completion inspection and acceptance.

(7) entrusted by the administrative department of environmental protection of construction project environmental impact assessment, trial production, the examination and approval of the final acceptance of the construction site for examination and approval of the construction at night, idle, dismantle the examination and approval of pollutant treatment facilities.

(eight) entrusted by the administrative departments of civil defense and civil defense engineering approval and construction drawing review, civil defense engineering construction fee collection and credit audit, civil defense project completion acceptance, the removal of civil defense engineering approval.

(9) the recognition of hi-tech enterprises entrusted by the administrative departments of science and technology of first instance.

(10) human resources social security administrative department of the enterprises implement other work entrusted by the time of examination and approval, foreigners come to Shanghai for examination and approval of the employment, they intend to Shanghai for examination and approval of the employment, settled in the overseas Chinese in Shanghai job approval, foreign experts have come to a work permit in Shanghai, "Shanghai residence permit" B promptly.

(11) water management departments entrusted by the temporary stop or reduce the water pressure of water supply for examination and approval, drainage license issue.

(12) entrusted by the administrative departments of intellectual property rights patent agencies, according to the first trial and patent advertising his overseas publishing contract registration, copy foreign audio-visual products copyright contract registration, import of books printed in Shanghai for the record.

(13) entrusted by the administrative departments of culture performance brokerage institutions held in free trade zone of performance examination and approval.

(14) health entrusted by the administrative departments of family planning project of preventive health examination.

(15) the food and drug regulatory departments entrusted by the pharmaceutical retail enterprises set up, change permission, catering service license, Internet for examination and approval of pharmaceutical trading enterprises.

Second, the responsibility for the ac specific management affairs

(a) prepare the area regulatory detailed planning, land planning and the special planning and approval according to legal procedure, the examination and approval within the region of industrial land use controlling detailed planning indexes, such as responsible for the regulation of land use in the region.

(2) of construction project bidding and tendering for the record, the design document review, construction lofting acceptance of construction project planning, infrastructure (plus or minus zero zero) and structure of cap to put on record, construction project planning parameters adjustment (including less than 2.0 volume rate, green area, building density and building height, industrial, storage, research and development, land use conversion, split and merge each other), construction quality and safety supervision and inspection, completion of registration, inspection and acceptance of construction engineering archives construction project management.

(3) the construction waste and waste residue declaration management, living garbage classification and disposal of declaration management, greening engineering safety quality supervision to declare, site supervision and management, green space range delineate and adjust the control line.

(4) application of civil defence construction engineering safety quality supervision, supervision and inspection management, the maintenance of civil defense engineering management and safe use of the supervision and inspection, use and management of underground space security comprehensive coordination.

(5) regional planning eia and its tracking evaluation, and according to the prescribed procedures and approval; Regional environment, the pollution sources monitoring and supervision and management, be responsible for the pollution accident emergency treatment.

(6) production safety supervision and inspection.

(7) performance brokerage institutions, cultural entertainment and game recreational equipment production enterprise's daily supervision.

(eight) food, medicines, medical equipment, health food and cosmetics production and business operation activities of daily supervision.

(9) statistical management, coordination and supervision and inspection.

Third, the ac comprehensive law enforcement agencies concentrated exercise of the administrative punishment

(a) "Shanghai city management interim measures of power of relatively concentrated administrative punishment", "the Shanghai municipal people's government on expanding areas of pudong new area of urban management of the scope of power of relatively concentrated administrative punishment decision" and "Shanghai culture method" of power of relatively concentrated administrative punishment stipulated by the administrative punishment.

(2) the planning of land management department according to laws, regulations and rules, the planning and land illegal exercise of the administrative punishment.

(3) the construction according to the laws, regulations and rules, the administrative department of construction of the illegal exercise of the administrative punishment.

(4) housing housing according to the laws, regulations and rules, the administrative department of housing and housing in the illegal exercise of the administrative punishment.

(5) administrative department of environmental protection in accordance with laws, regulations and rules, the illegal exercise of the administrative punishment of environmental protection.

(6) civil defense according to laws, regulations and rules, the administrative department of civil protection and use of underground space of the illegal exercise of the administrative punishment.

(7) human resources social security according to the laws, regulations and rules, the administrative department for labor security aspects of the illegal exercise of the administrative punishment.

(eight) intellectual property management departments according to laws, regulations and rules, violation of copyright, patent right is the exercise of administrative punishment.

(9) the food and drug regulatory departments according to laws, regulations and rules, for food, medicines, medical equipment, health food and cosmetics regulatory illegal exercise of administrative punishment.

(10) statistics according to the laws, regulations and rules, the administrative department of statistics of the illegal exercise of the administrative punishment.