Further Deepening the Reform of the Investment Management System of China (Guangdong) Pilot Free Trade Zone

 2018-06-13  115

Several Opinions of the General Office of the People's Government of Guangdong Province on Further Deepening the Reform of the Investment Management System of China (Guangdong) Pilot Free Trade Zone

· Document Number: No. 176 [2016] of the General Office of the People’s Government of Guangdong Province

· Area of Law: China (Guangdong) Pilot Free Trade Zone

· Level of Authority: Local Regulatory Documents

· Date issued:04-25-2016

· Effective Date:04-25-2016

· Status: Effective

· Issuing Authority: People's Government of Guangdong Province


Several Opinions of the General Office of the People's Government of Guangdong Province on Further Deepening the Reform of the Investment Management System of China (Guangdong) Pilot Free Trade Zone
(No. 176 [2016] of the General Office of the People's Government of Guangdong Province)
The People's Government of Guangzhou City, the People's Government of Shenzhen Municipality, and the People's Government of Zhuhai City; and all the departments of and institutions directly under the People's Government of Guangdong Province:
For the purposes of further implementing the relevant arrangements and requirements of the Framework Plan for China (Guangdong) Pilot Free Trade Zone (No. 18 [2015], State Council) on deepening the reform of the investment management system of China (Guangdong) Pilot Free Trade Zone (“GDFTZ”), promoting investment facilitation, and accelerating the construction and development of GDFTZ, with the consent of the People's Government of Guangdong Province, the following opinions are hereby offered:
I. General Requirements
The spirit of the 18th National Congress of the Communist Party of China and the Third, Fourth, and Fifth Plenary Sessions of the 18th CPC Central Committee shall be comprehensively implemented, institutional innovation shall be regarded as the core, the principles of simplification of administrative procedures and delegation of powers to lower levels, standardization and transparency, easy access and strict regulation, and convenience and high efficiency shall be insisted on, the reform of the investment management system of GDFTZ shall be further promoted, the project approval process shall be simplified, the transparency of approval shall be improved, follow-up supervision shall be strengthened, and more replicable and promotable new experience and practices shall be explored in the promotion of the innovation upon the investment management mode.
II. Promoting the Reform of “License Separation”
1. Implementing the pilot programs of classified administration of administrative licensing items. On the basis of comprehensively promoting the commercial registration system of “business licenses before government permits,” the List of Pilot Programs of Classified Administration of Administrative Licensing Items is developed. Support of the state shall be actively sought, administrative licensing items closely relating to the business operation of enterprises with relatively high approval frequency and relatively obvious post-reform effects shall be selected, such methods as cancelling approval, changing approval to recordation, simplifying approval procedures, and improving the transparency and predictability of approval shall be taken on a pilot basis, and classified administration shall be carried out.
2. Simplifying the name registration procedures for market players. The industrial and commercial administrations in all areas of GDFTZ shall be supported in effectively using the jurisdiction authority of registration authorized by the State Administration for Industry and Commerce (“SAIC”) and enterprises whose domiciles (business operation sites) are located in GDFTZ shall be allowed to handle registration with the industrial and commercial registration authorities in the areas where the enterprises are located. The name registration procedures for the names of commercial subjects shall be simplified. Except under the circumstance that pre-licensing item or approval for the name of an enterprise is not handled with the same authority as registration for enterprise establishment, the name of a commercial subject shall no longer be subject to pre-approval. Instead, the name of the market player and establishment registration shall be concurrently handled. The registration authorities for industry and commerce shall be supported in opening the database of enterprises' names, relaxing restrictions on the names of market players, and allowing the use of words that are not listed in the list of national industries classification but are able to reflect the industry characteristics in the names.
3. Establishing a summary deregistration system for market players. Market players not commencing business and market players without claims or debts shall handle the summary deregistration procedures after handling the tax clearance formalities. When handling the deregistration formalities, a sole proprietorship not commencing business or without claims or debts after commencing business may conduct liquidation with the information note on failure to commence business or absence of claims or debts; and a partnership enterprise does not need to handle recordation of liquidator, only needs to specify the liquidator in the deregistration application signed by all partners, shall concurrently submit he information note on failure to commence business or absence of claims or debts signed by all partners, and shall promise to assume unlimited joint and several liability for enterprise debts, so as to handle the deregistration formalities.
4. Implementing electronic registration and administrative approval. A whole-process electronic commercial registration system shall be established, the online official affairs handling system for operation permits shall be improved, whole-process online handling of enterprise name inquiry, registration, license obtaining, application for operation licenses, and other items shall be realized, electronic business licenses and electronic licenses with the same legal effect as paper licenses shall be promoted, and reading and identification services shall be provided for all kinds of electronic licenses.
III. Deepening Comprehensive Approval and Reform for Investment Projects.
1. Establishing a planning management system of “integration of multiple plans.” On the basis of national economy and social development planning and the main functional area planning, overall urban-rural planning, overall land utilization planning, overall oceanic functional area planning, and other spatial planning shall be made, “integration of multiple plans” and “one map” administration of the space shall be promoted, and a uniform, standardized, and efficiently connected spatial planning system shall be formed. Through the further integration of the planned project integration and promotion approval procedures, the approval process shall be simplified and the approval efficiency shall be improved.
2. Promoting “one-stop and one-net” services for project approval. The approval process for the investment projects shall be divided into such 4 stages as project establishment, application, construction, and completion acceptance. Comprehensive acceptance shall be conducted for the application for acceptance, consultation, submission for research, publicity of approval, and other procedures of the approval items at each stage. The comprehensive approval leading entities shall make overall arrangements and be responsible therefor. “One-stop and one-net” services for investment project approval shall be promoted, internal transfer and collective approval shall be implemented for the approval items within the jurisdictions of all areas of GDFTZ, and a service mode of comprehensive acceptance at the front desk, background classified approval, and uniform documents issuance at windows shall be established. All areas shall be encouraged to establish supporting service windows for intermediary service consultation and administrative charge items.
3. Promoting standardized project approval. Standardized construction for the approval of investment projects shall be promoted, and the system of centralized handling, synchronized approval, and public commitment shall be implemented. The project approval system of all departments shall be integrated, the information connection between all systems shall be promoted, online parallel approval and information sharing shall be gradually realized for all approval items at the same stage, and explorations shall be made for establishing the whole-process electronic approval system for the investment projects. The construction of the online approval and supervision platform for investment projects shall be accelerated, and online monitoring and disclosure to the public shall be implemented.
4. Implementing joint acceptance upon completion of construction projects. All areas of GDFTZ shall be urged to establish joint acceptance working teams composed of such relevant departments as construction, planning, land, environmental protection, fire protection, meteorology, civil defense, and safety supervision, to be responsible for conducting joint acceptance and issuing joint acceptance documents for the completion construction projects in the areas.
IV. Optimizing the investment environment
1. Strengthening interim and ex post supervision. A credit information system for enterprises in GDFTZ shall be established, to realize inter-departmental and multi-field comprehensive management and utilization of enterprise credit information. The enterprise credit information announcement and credit rating system shall be implemented, the annual report publication and abnormal operation name list system for enterprises shall be improved, and the corresponding motivation, warning, and correction system shall be improved. A prompting list of illegal activities of enterprises shall be developed, to provide clear beforehand guidance for enterprises' business activities and direct enterprises to engage in business lawfully.
2. Improving the comprehensive administrative law enforcement system. Comprehensive administrative law enforcement teams shall be formally set up, to lawfully exercise the law enforcement power in the commerce, land resources, environmental protection, intellectual property rights and other areas in a concentrated manner. A transparent administrative law enforcement system shall be established, and the “double random” spot check system of randomly selecting comprehensive administrative law enforcement inspection objects and law enforcement inspectors shall be implemented. The enterprise-related administrative punishment matters shall be sorted out, and the administrative penalty discretion standards shall be specified and disclosed to the public. On the basis of strict law enforcement, enterprises that have minor illegal acts, conduct rectification in a timely manner, and have not caused any harmful consequences shall not be subject to administrative penalty and shall be ordered by the law enforcement departments through education, warning, and other ways to independently correct their illegal acts. A comprehensive law enforcement information platform of GDFTZ shall be established, to realize comprehensive administrative law enforcement informatization management.
3. Easing enterprises' administrative charge burden. The review of enterprise-related administrative charges shall be organized and carried out. Except the charges that shall not be exempted as prescribed by laws, regulations and rules, all administrative charges at and lower than the provincial level shall be exempted in GDFTZ.
4. Improving the supporting regulations and policies. Local laws and regulations and regulated documents involving the reform of the investment management system shall be improved, and the reform-related system and the working mechanism shall be established, improved, and promoted. According to the follow-up market supervision of investment facilitation reform, the mechanism of connecting criminal justice and administrative law enforcement shall be improved in a timely manner.
5. Providing whole-process guidance services. Uniform guidance service teams shall be organized, to provide enterprises with business consultation and free whole-process guidance services for their handling of registration, administrative licensing matters, and project approval, among others.
V. Strengthening working guarantee
1. Strengthening organization and coordination. The People's Government of Guangzhou City, the People's Government of Shenzhen Municipality, and the People's Government of Zhuhai City shall, according to the development characteristics of all areas in GDFTZ, spare no efforts to develop and improve the work programs for the reform of the investment management systems in all areas, and seriously and effectively organize the implementation work. All relevant departments shall study and develop supporting policies and measures in a timely manner, act in close coordination, and concurrently promote the reform. The Office of the Leading Group of GDFTZ shall strengthen the overall planning and coordination for the reform of the investment systems in all areas, study and resolve the problems encountered in the reform in a timely manner, conduct summary and evaluation on a regular basis, and form replicable and promotable innovative experience.
2. Strengthening the connection and implementation of work. The e-government affairs system shall be improved and a government data resource connection and sharing mechanism shall be established, to ensure the smooth transition of all business before and after the reform. Government affairs service innovation shall be promoted, the working mechanism and technological environment in collaboration with reform shall be established, and the effectiveness of government affairs service shall be improved. The integration between electronic supervision and the electronic affairs handling mechanism shall be accelerated, an online official affairs handling hall supervision and punishment mechanism shall be established, and a more standard, faster, and more reassuring investment service platform shall be established. The responsibilities shall be strengthened, supervision shall be enhanced, and relevant policies and measures shall be effectively implemented.
3. Strengthening publicity and guidance. Radio and television, print media, internet, and other various kinds of media shall be fully utilized to publicize the new progress, new measures, and new effects of reform, the publicity of the reform of the investment management system of GDFTZ shall be enhanced, the hot issues concerned by the public shall be responded in a timely manner, and a favorable atmosphere that the public cares reform, supports reform, and participates in reform shall be formed.
General Office of the People's Government of Guangdong Province
April 25, 2016