Regulation on China (Hubei) Pilot Free Trade Zone

 2018-12-07  304


· Document Number:Announcement No. 241 of the Standing Committee of the People's Congress of Hubei Province

· Area of Law: General Provisions on Pilot Free Trade Zone

· Level of Authority: Provincial Local Regulations

· Date issued:09-30-2018

· Effective Date:01-01-2019

· Issuing Authority: Hubei Province

· Status: Not Yet Effective

 

Announcement of the Standing Committee of the People's Congress of Hubei Province
(No. 241)
The Regulation on China (Hubei) Pilot Free Trade Zone, as adopted at the 5th session of the Standing Committee of the Thirteenth People's Congress of Hubei Province on September 30, 2018, is hereby issued and shall come into force on January 1, 2019.
Standing Committee of the People's Congress of Hubei Province
September 30, 2018
Regulation on China (Hubei) Pilot Free Trade Zone
(Adopted at the 5th session of the Standing Committee of the Thirteenth People's Congress of Hubei Province on September 30, 2018)
Contents
Chapter I General Provisions
Chapter II Management System
Chapter III Opening up to Investment and Trade Facilitation
Chapter IV Financial Services
Chapter V Innovation-driven Development and Serving the Construction of the Yangtze River Economic Zone
Chapter VI Comprehensive Management and Services
Chapter VII Environment of Ruling by Law
Chapter VIII Supplemental Provisions
Chapter I General Provisions
Article 1 For the purposes of advancing and guaranteeing the construction of China (Hubei) Pilot Free Trade Zone, deepening reform and opening up, and promoting high-quality economic development, this Regulation is developed according to relevant laws, administrative regulations and the Framework Plan for China (Hubei) Pilot Free Trade Zone approved by the State Council and in consideration of the reality of Hubei Province.
Article 2 This Regulation shall apply to the construction and management of China (Hubei) Pilot Free Trade Zone (“HBFTZ”).
HBFTZ includes Wuhan Area, Xiangyang Area, Yichang Area, and the expanded areas of HBFTZ approved by the State Council.
Article 3 HBFTZ shall insist on reform leadership, opening up forerunner, innovation driving, industrial agglomeration and green development, establish an institutional system connected with the international investment and trade rules, build agglomeration of strategic emerging industries and high-technology industries, full reform and opening up test field and inland opening up height, and play a demonstration role in the implementation of the rise of central China strategy and advancement of the development of the Yangtze River economic belt.
Article 4 In HBFTZ, an incentive mechanism and fault tolerance mechanism encouraging reform, innovation and tolerating failure shall be established, an evaluation and appraisal system oriented to the support for reform and innovation shall be improved, and the innovation vigor shall be activated.
Natural persons, legal persons and other organizations may carry out innovation activities in HBFTZ for matters not explicitly prohibited by laws and regulations.
Where the innovation carried out in HBFTZ has mistakes or fails to achieve the expected goals, but it is in line with the reform direction, the decision-making procedures do not violate the laws and regulations, and natural persons, legal persons and other organizations have been diligent and pious, without seeking personal gains or maliciously colluding to damage the public interests or the lawful rights and interests of any other, the relevant entities and individuals shall be exempted from liability.
Entities and individuals that have made outstanding contributions to the reform and innovation of HBFTZ shall be commended and rewarded.
Chapter II Management System
Article 5 Under the principle of overall management and hierarchical responsibility, a management system for HBFTZ characterized by clear powers and responsibilities, department coordination, and efficient operation shall be established.
Article 6 The provincial people's governments and the municipal people's governments in the place where the areas of HBFTZ are located (hereinafter referred to as “municipal people's governments”) shall strengthen the organization and leadership of the construction of HBFTZ, include the development of HBFTZ in the general plan for national economic and social development, develop plans, policies and measures for the development of HBFTZ, and improve the assessment mechanism and performance assessment system for the construction of HBFTZ.
The leading group of HBFTZ set up by the provincial people's government (hereinafter referred to as the “provincial leading group”) shall be responsible for coordinating the construction and management of HBFTZ in an overall manner, and studying and deciding the major matters on the construction of HBFTZ.
The leading groups of the areas of HBFTZ set up by the municipal people's governments shall be responsible for coordinating the construction and management of these areas in an overall manner, and organizing the implementation of various tasks of the pilot program of reform.
Article 7 The Office of the Work of HBFTZ (hereinafter referred to as the “provincial office of HBFTZ”) shall assume the routine work of the provincial leading group, organize the implementation of the tasks of the pilot program of the reform of HBFTZ, coordinate the relevant affairs of HBFTZ, and fulfill other responsibilities granted by the provincial leading group.
Article 8 The administrative authorities of all areas of HBFTZ (hereinafter referred to as the “administrative institutions of areas”) shall exercise the relevant administration authority at the municipal level, be responsible for the specific matters of the pilot program of reform on areas, and perform the following functions:
(1) They shall be responsible for implementing the Framework Plan for China (Hubei) Pilot Free Trade Zone, and the various policies and measures of the state, province, and cities on HBFTZ.
(2) They shall organize the implementation of the various general plans for the development of HBFTZ, and coordinate the promotion of the tasks of the pilot program of reform and major investment and construction projects.
(3) They shall be responsible for the investment, trade, financial services, scientific and technological innovation, ecological environmental protection, industrial development, talent support, market supervision and other related work in HBFTZ.
(4) They shall coordinate the relevant affairs of the Customs, border defense, finance, taxation and other departments in HBFTZ.
(5) They shall perform the functions of intellectual property protection according to the law, and effectively cooperate with the anti-monopoly examination and national security examination.
(6) They shall establish a comprehensive statistical system and information issuance mechanism, and issue relevant information on HBFTZ in a timely manner.
(7) They shall perform other functions granted by the provincial and municipal people's governments.
Article 9 The provincial and municipal people's governments and their relevant departments shall, according to the needs of the construction, reform and innovation of HBFTZ, authorize the administrative institutions of areas to exercise the relevant provincial and municipal administrative authority according to the law and promote the full-chain authorization of related and similar categories of approval matters; and adopt the form of entrustment according to the law, where authorization is unable to be conducted, except as otherwise prescribed in laws and regulations that authorization or entrustment is not permitted.
According to the needs, the administrative institutions of areas may propose the contents of the provincial and municipal administrative authorities to be exercised, implement them after reporting to the provincial and municipal people's governments for approval under the legal procedures, and announce them to the public.
Article 10 The relevant departments of the provincial and municipal people's governments shall, in accordance with their respective duties, undertake the tasks of relevant reform and innovation in HBFTZ according to the law and incorporate them into the annual target assessment management.
Article 11 The working institutions of the Customs, border defense, finance, taxation and other departments stationed in HBFTZ (hereinafter referred to as the “working institutions stationed in HBFTZ”) shall perform relevant administrative responsibilities according to the law and strengthen policy support for the work of HBFTZ.
The administrative institutions of areas shall establish an interaction and exchange mechanism with the working institutions stationed in HBFTZ, and provide convenience and assistance for the performance of the functions and implementation of the policies of the state supporting conducting pilot program first in HBFTZ by the working institutions stationed in HBFTZ.
Article 12 A relatively centralized administrative law enforcement and comprehensive administrative examination and approval service system shall be established in all areas of HBFTZ. The specific matters concerning the centralized implementation of administrative licensing, administrative penalties and administrative compulsion shall be reported for approval in accordance with the regulations, be subject to list management, and be announced to the public.
Article 13 HBFTZ shall establish and improve an expert consulting institution to provide professional consultation and decision-making support for the general development plans, important reform measures, and introduction of major projects in HBFTZ, among others.
Article 14 All areas of HBFTZ may learn from the advanced experience at home and abroad, and adopt the market-oriented operation management mode in consideration of the reality of the areas. The professional operating companies shall be responsible for the planning, construction, management, services and other work of the areas.
Article 15 The provincial people's governments shall establish a collaborative development mechanism between HBFTZ and the state-level development zones and key industrial parks in the province to achieve complementary advantages, policy reciprocity, resource sharing, and mutual promotion; and summarize and assess the experience on the reform and innovation of HBFTZ on a regular basis, and replicate and promote the experience in a timely manner.
Chapter III Opening up to Investment and Trade Facilitation
Article 16 HBFTZ shall implement pre-access national treatment plus negative list management system for foreign investment, explore reduction of the list of negative lists, and relax market access.
In a field not in a negative list, foreign-funded projects shall be subject to the recordation system under the principle of equal treatment to foreign and Chinese investment unless the confirmation of domestic investment projects is retained as prescribed by the State Council; and the establishment and modification of foreign-funded enterprises shall be subject to recordation administration.
In a field on a negative list, foreign-funded projects shall be subject to the confirmation system unless the negative list explicitly bans foreign investment and, as prescribed by the State Council, foreign-funded projects shall be subject to recordation; and the establishment and modification of foreign-funded enterprises shall be subject to approval administration and integrated handling.
Except special fields, the particular administration requirements for the period of business operation of foreign-funded enterprises shall be canceled; the differentiated treatment of foreign-funded enterprises in terms of obtaining of qualifications, bidding, and protection of rights and interests shall be reviewed and canceled, and the fair competition management system for various market entities' lawful and equal access to the relevant industries, fields and business shall be improved.
Article 17 Enterprises in HBFTZ shall be supported and directed to make overseas investments or establish overseas research and development institutions by merger, stock purchase, equity investment, and other forms. Enterprises in HBFTZ making overseas investments shall be subject to management dominated by the recordation system.
HBFTZ shall innovate on the mechanisms in industrial cooperation, financing guarantee, intellectual property protection, foreign exchange management, national security examination, and other respects, improve the management and services, and establish an early warning and emergency response mechanism for overseas investment risks.
Article 18 HBFTZ shall implement a single window service model for international trade in goods, and promote information exchange, supervision and mutual recognition, and mutual assistance in law enforcement among the Customs, border defense, maritime affairs, taxation, foreign exchange management and other regulatory departments.
The extension of the single window service mode for international trade to the service trade field shall be explored and promoted, and the payment and settlement of service trade, qualification registration, export tax refund, and movement of natural persons, among others, shall be gradually incorporated into single window management.
Article 19 Areas between the areas under special customs supervision in HBFTZ and overseas areas shall be subject to the first-line management, and areas between the areas under special customs supervision in HBFTZ and domestic areas outside HBFTZ shall be subject to the second-line management. Under the principles of “relaxing restrictions on the first line” and “safe and efficient control over the second line,” the supervisory pattern suitable for the development demands of international trade shall be established.
Article 20 Commodity classification, pre-ruling of place of origin and other work shall be strengthened, transfer of entrance examination to follow-up inspection for some matters of the customs clearance of overseas goods shall be explored, and the efficiency of international trade customs clearance shall be improved.
The customs clearance of overseas goods entering the areas under special customs supervision and bonded places under customs supervision (hereinafter collectively referred to as “areas within the fences of HBFTZ”) may be made by way of entrance before customs declaration; and the customs clearance of goods declared in the areas within the fences of HBFTZ to exit the territory may be made by way of exit before customs declaration. No time limit of storage shall be set for bonded warehousing of goods in areas within the fences of HBFTZ; and for bonded goods circulating in areas within the fences of HBFTZ, independent transportation shall be allowed.
Areas under special customs supervision shall implement the cargo status classification supervision system, and explore the expansion of the applicable scope of the cargo status classification supervision system.
Article 21 Overseas goods entering HBFTZ shall be subject to entry quarantine; and goods entering the areas within the fences of HBFTZ other than key sensitive goods shall be exempted from inspection.
Goods in areas within the fences of HBFTZ shall, before leaving from the areas for import, upon the application of the enterprises, be subject to pre-inspection, one-off centralized inspection, and write-off and release in batches. Warehousing and logistic goods circulating among enterprises in areas within the fences of HBFTZ shall be exempted from inspection and quarantine. Bonded exhibition commodities entering or leaving HBFTZ shall be exempt from inspection.
The Customs shall establish and improve the third-party test result acceptance system in accordance with laws and regulations and internationally accepted rules. The construction of the quality traceability system for imported and exported products shall be promoted, and the traceability of whole-process information on key sensitive products shall be realized.
Article 22 HBFTZ shall, according to the provisions issued by the state, carry out pilot reform of the taxation policies, and implement the relevant tax incentive policies promoting investment and trade, financial development and talent agglomeration.
Under the premise of complying with the reform of the tax system and international customary practices and not causing profit transfer or tax base erosion, the tax policy for overseas income tax credits shall be actively improved.
HBFTZ shall establish a convenient tax service system, comprehensively implement online tax services, provide online tax payment consultation, inquiry about the information on handling of tax-related matters and other services, and gradually implement cross-regional tax handling to facilitate the handling of tax-related matters.
Article 23 HBFTZ shall realize the integrated development of domestic and foreign trade, encourage enterprises in HBFTZ to conduct international trade and domestic trade in an overall manner, and foster new trade formats and functions.
HBFTZ shall support the development of new-factor exchange platforms, bonded exhibition and trading, domestic and overseas inspection and maintenance and re-manufacturing, cross-border e-commerce, integrated services for foreign trade, trade in technology, foreign cultural trade and copyright trade, trade in services for traditional Chinese medicine, service outsourcing, and other various trade business types.
Article 24 HBFTZ shall explore and improve the market access system for trade in services, relax or gradually cancel the restriction measures, and promote opening up in an orderly manner.
HBFTZ shall develop warehousing logistics, research, development and design, inspection and testing, maintenance, international settlement, distribution, exhibition, and other trade in services, and focus on the construction of digital products and services, maintenance, research, development and design, and other characteristic service export bases.
Law firms, accounting firms, taxation firms, intellectual property institutions, customs declaration institutions, authentication institutions, vessel and seafarer agencies, notarization institutions, forensic identification institutions, and other professional institutions shall be encouraged to carry out business in HBFTZ.
Article 25 HBFTZ shall increase support for cross-border e-commerce, support cross-border e-commerce enterprises, enterprises on the cross-border e-commerce platform, cross-border e-commerce service enterprises, and cross-border e-commerce public institutions and organizations, among others, to carry out cross-border e-commerce business, etc., and offer convenience in customs clearance, taxation administration, payment and settlement, and other respects according to the law.
Enterprises shall be encouraged to build overseas warehouses for export products and overseas operation centers. Under the premise of complying with the relevant regulatory policies, tallying before customs declaration shall be supported when the bonded import goods purchased online from cross-border online stores enter areas within the fences of HBFTZ. Cross-border e-commerce bonded exhibition business under the bonded stockpiling and domestic delivery mode shall be supported.
The cross-border e-commerce industry shall be encouraged to carry out exchanges across countries, regions and industries, cross-border e-commerce enterprises shall be supported to participate in domestic and foreign exhibitions, and improve the operational capability and development level of the cross-border e-commerce industry.
Article 26 HBFTZ shall simplify the approval process for the application for work permits for foreigners by relevant entities and organizations in HBFTZ, relax the restrictions on the validity term of the visas and residence permits according to the provisions issued by the state, and provide convenience for their entry and exit, and stay and residence.
For foreign nationals engaging in commercial trade upon the invitation of the relevant entities and organizations in HBFTZ, the entry-exit administrative department shall offer visa-free transit and temporary entry conveniences in accordance with the provisions issued by the state.
Article 27 HBFTZ shall be supported to play the role of the bilateral and multilateral economic and trade cooperation mechanism, and strengthen international trade and investment cooperation with overseas parties.
Cooperation and exchanges with countries and regions along the Belt and Road in Customs, certification and accreditation, standard measurement, and other respects shall be promoted, and cooperation in the safety and facilitation of the trade supply chain shall be carried out.
Chapter IV Financial Services
Article 28 HBFTZ shall be supported to expand opening up of the finance field to the world, enhance financial service functions, advance innovation on scientific and technological finance, and improve the financial risk prevention and control system.
Various financial institutions shall be encouraged to carry out innovation on the organizational systems, financial products, business, services, risk management and other respects in HBFTZ in accordance with the provisions issued by the state.
Article 29 HBFTZ shall explore the establishment of the domestic and foreign currency account management system, provide free trade account financial services, conduct management through separate accounting, and promote cross-border trade, investment and financing facilitation.
Article 30 HBFTZ shall research the reform of foreign exchange administration which prioritizes capital account convertibility.
The purposes of use of settlement of exchange under capital accounts of enterprises in HBFTZ shall be expanded. Willingness settlement of foreign exchange income for capital accounts of enterprises shall be implemented. Investment returns of overseas investors may be freely transferred according to the provisions issued by the state.
The access conditions for the centralized operation and administration of foreign currency funds of multinational companies shall be relaxed, and formalities for cash pooling management and foreign exchange receipts and payments under the current account shall be further simplified.
The borrowing standards for Chinese and foreign-funded enterprises shall be unified, and qualified Chinese and foreign-funded enterprises may independently carry out cross-border financing. Funds under the item of overseas loans with domestic guarantee shall be allowed to be repatriated and used domestically.
Article 31 Cross-border RMB settlement business may be carried out directly under the current accounts and direct investment items of enterprises in HBFTZ, as well as for trade in personal goods and trade in services. Internet payment institutions shall be supported to carry out RMB settlement of cross-border e-commerce.
Multinational enterprise groups and financial leasing institutions in HBFTZ shall be supported to carry out two-way RMB-denominated cross-border cash pooling business.
Financial institutions and enterprises in HBFTZ shall be encouraged to issue RMB bonds overseas. Banks in HBFTZ shall be supported to grant RMB loans to overseas projects of domestic institutions.
Article 32 Qualified sponsors shall be supported to establish financial leasing, auto finance, consumer finance companies and finance companies of enterprise groups, and other non-bank financial institutions in HBFTZ. Under the premise of complying with the laws, regulations and policy guidance, foreign investors shall be supported to establish financial institutions in HBFTZ, and expand the business scope of foreign-funded financial institutions.
Article 33 Securities operation institutions in HBFTZ shall be supported to expand the relevant business of overseas securities investment according to the law.
The establishment of health insurance, science and technology insurance, inland shipping insurance and other professional insurance institutions in HBFTZ shall be supported, and the coverage of export credit insurance shall be expanded. The insurance market system shall be improved, and the building of insurance product research and development centers, reinsurance centers and other functional platforms shall be promoted.
Article 34 The standards for the access of domestic and foreign financial leasing enterprises, approval procedures and interim and ex post supervision shall be unified in HBFTZ, and domestic and foreign investors shall be supported to establish financial leasing enterprises in HBFTZ.
The supply of cross-border finance leasing services shall be supported, enterprises shall be encouraged to explore the international market and import advanced foreign equipment by finance leasing, and the import of high-end equipment shall be increased.
Article 35 Banking financial institutions in HBFTZ shall be supported in conducting credit assets securitization business according to the relevant provisions; and financial institutions shall be encouraged to carry out movable financing business, and make use of the unified movable financing registration platform to serve the development of small- and medium-sized enterprises.
Article 36 HBFTZ shall be supported to cultivate a scientific and technological financial organization system, innovate on the scientific and technological financial products and service model, improve the equity, technology and other capital and factor trading markets, and establish and improve the risk sharing mechanism for scientific and technological financial services.
The direct financing channels of scientific and technological enterprises shall be broadened, and an integrated financial service system combining investment and financing shall be established. Financial institutions in HBFTZ shall be supported to carry out innovation on debt-equity combination, finance of supply chain, pledge financing with intellectual property rights, securitization of intellectual property rights, and other products.
Qualified foreign-funded institutions may establish and manage RMB equity investment and venture capital funds in HBFTZ, and encourage overseas venture capital institutions and venture investment institutions to carry out business in HBFTZ.
Financial institutions in HBFTZ shall be supported to develop intellectual property right insurance, credit insurance, small loan guarantee insurance and other scientific and technological insurance business.
Article 37 HBFTZ shall strengthen financial supervision and cooperation, cooperate with financial supervision departments to improve the financial risk monitoring and assessment mechanism, and establish a risk prevention mechanism compatible with the development of financial business by relying on big data supervision and administration.
Financial institutions and specific non-financial institutions carrying out business in HBFTZ shall, according to the provisions, submit the relevant information to the financial supervision departments, perform the obligations of combating money laundering, combating financing of terrorism, and combating tax evasion, among others, cooperate with the financial supervision departments to supervise and administer the abnormal cross-border capital flow, and protect the rights and interests of financial consumers and investors.
Chapter V Innovation-driven Development and Serving the Construction of the Yangtze River Economic Zone
Article 38 HBFTZ shall comprehensively promote the reform of industrial technical innovation, transfer and transformation of scientific and technological achievements, international innovation cooperation, and other fields, and improve the technology innovation system with enterprises at the core.
Article 39 HBFTZ shall develop a comprehensive administration system for intellectual property rights and a public service system for intellectual property rights, establish the development mechanism for the patent navigation industry, strengthen the patent early warning and navigation in key links of the industrial chain, and direct major projects and major enterprises to strengthen the intellectual property rights reserve and strategic layout.
Enterprises shall be directed to carry out overseas layout for intellectual property rights, and shall be encouraged to apply for overseas patents, trademark registration and output of copyrights, and offer certain rewards to the invention patents, registered trademarks and copyright registration works authorized overseas.
HBFTZ shall be encouraged to cooperate with colleges and universities, and scientific research institutions to build a public service platform and an innovation support platform for intellectual property rights.
Article 40 HBFTZ shall be supported to deepen the reform of the talent development system and mechanism, and explore the establishment of an internationally competitive talent system.
HBFTZ shall set up special funds to support the introduction of high-level talents, teams and their innovative projects. Foreign high-level talents holding permanent resident identifications of foreign nationals that form scientific and technological enterprises and carry out other innovative activities in HBFTZ shall be equally treated as Chinese citizens.
HBFTZ shall develop relevant management measures for the introduction of, training of, services for, and incentives for high-level talents and skilled talents, and provide convenience for talents' visas, staying and residence, practicing, innovation and business startup, housing, children's schooling, and medical treatment, among others.
Article 41 HBFTZ shall promote transnational education and cooperation in talent training, overseas well-known universities and educational research institutes shall be supported to cooperate with Chinese parties on establishing talent training institutions in HBFTZ, and Chinese and overseas educational institutions shall be encouraged to jointly establish schools and talent internship and practical training bases.
Article 42 HBFTZ shall develop measures, attract multinational companies to set up headquarters and research and development centers in HBFTZ, support the construction of an international innovation and business startup platform in HBFTZ, and focus on attracting internationally renowned incubators, venture capital institutions, and high-end innovation and business startup talents to gather.
Enterprises, and colleges and universities in HBFTZ shall be encouraged to set up research and development institutions overseas and participate in cooperation in international science and technology projects. Exploration shall be made for establishing incubation bases, industrial parks, and innovation platforms, among others, through merger and acquisition, technology transfer, cooperation and investment, and other various means.
Article 43 HBFTZ shall develop general strategic plans for industrial development, improve the upstream and downstream industrial chains of information technology, new energy, new materials, life health, intelligent manufacturing, big data, high-tech service industry, and other core industries, and create supporting industrial ecological environment for talents, research and development, finance, marketing, logistics, and information services, among others.
HBFTZ shall be supported to implement major landmark projects by relying on the layout of national key platforms, and cultivate and create world-class industrial clusters in the central region and the Yangtze River Economic Belt.
Article 44 A hard eco-environmental restraint mechanism shall be established in HBFTZ, the requirements for environmental quality shall be specified, and the concentrated development of green industries in HBFTZ shall be promoted.
Article 45 The development of the logistics industry in HBFTZ shall be promoted, the planning and construction of multimodal transportation shall be promoted, and the technical standards and service specifications shall be improved.
International logistics enterprises shall be introduced to establish headquarters and operation centers in HBFTZ, and the establishment of international mail exchange bureaus and exchange stations in HBFTZ shall be supported.
The central regions and other regions in the Yangtze River Economic Zone shall be supported to build exclusive logistics parks in HBFTZ, and the gathering, distribution, and transportation system and bonded logistics network in central regions and other regions in the Yangtze River Economic Zone shall be improved.
Article 46 The development of the China Railway Express in HBFTZ shall be promoted, and its lines shall be optimized and expanded. The international transportation function of China Railway Express shall be maximized, the layout of overseas marketing service networks shall be accelerated, and representative offices and offices, among others, shall be set up overseas.
Article 47 The Yangtze River shipping business shall be developed by relying on HBFTZ, and shipping insurance, maritime arbitration, ship testing authentication, ship brokerage, and other high-end shipping service business formats shall be cultivated.
The selection of ship financing lease registration sites shall be relaxed and the certificate renewal procedures shall be simplified. The classification survey of Chinese international navigation ships shall be gradually opened, and foreign ships shall, under particular conditions, be allowed to be rented for temporary transportation. The scope of application of transportation of cargo in domestic and foreign trade by the same vessel and the carriage of cargo in domestic trade by international liners shall be expanded.
Article 48 HBFTZ shall intensify the cooperation with ports along the coast, the Yangtze River, and the “Belt and Road,” establish a cross-regional port alliance and port and shipping alliance, and improve combined transport and transit shipment by river and sea.
Article 49 HBFTZ shall be supported to establish a coordinated development mechanism with the central regions and other regions in the Yangtze River Economic Belt, promote cross-regional integration, technological transformation, transformation and upgrading of traditional industries, undertake the transfer of advanced industries, domestic and foreign well-known enterprises' production bases, among others, that satisfy the environmental protection requirements and other requirements to HBFTZ, and promote the rational layout of the industries in the central regions and the Yangtze River Economic Zone.
Article 50 The radiation function of port services shall be enhanced, interconnection between HBFTZ and the ports in the central regions and the Yangtze River Economic Zone shall be promoted, cooperation in customs clearance of goods, trade statistics, mural recognition of certified operators, inspection, testing, and authentication, and other respects shall be explored, and major international trade channels in the central regions and in the Yangtze River Economic Zone shall be created.
Article 51 A regional goods trading, gathering and distribution center, information center and pricing center shall be established, and the property right trading markets, technology exchange markets, emission rights exchange markets and markets for carbon permit trading in central regions shall be supported to carry out business in HBFTZ.
Chapter VI Comprehensive Management and Services
Article 52 HBFTZ shall innovate on the administrative management methods, reduce administrative examination and approval matters, strengthen interim and ex post supervision, and promote the formation of an integrated supervision system of administrative supervision, industrial self-regulation, social supervision, and public participation.
Article 53 The provincial office of HBFTZ shall, mutatis mutandis to the internationally accepted business environment evaluation indicators, establish a scientific assessment system for the business environment in HBFTZ, entrust a third party to carry out assessment for business startup, construction permit, registration of property rights, credit acquisition, investor protection, tax payment, bankruptcy liquidation, and other respects in HBFTZ, and develop and issue the report on the business environment in HBFTZ on a regular basis.
Article 54 HBFTZ shall promote the reform of separation of business license and certificates, integration of certificates into one, One License One Code, and other commercial affairs systems, simplify the procedures for registration of enterprises, and realize whole-process electronic registration of enterprises.
HBFTZ shall implement an autonomous application system for enterprise names. Enterprise names shall be no longer subject to advance confirmation unless ex-ante approval matters are involved or enterprise name confirmation is not conducted at the same authority as enterprise establishment registration.
HBFTZ shall be supported to ease the conditions for the registration of enterprise domiciles, and the residence information reporting system, one address for multiple business licenses, one business license with multiple addresses, group registration, custody registration and other facilitation measures shall be promoted on the basis of types and business formats.
Article 55 The administrative institutions of areas, the working institutions stationed in HBFTZ, and relevant departments shall specify the boundaries of duties, and announce the list of administrative powers, list of responsibilities and flow chart of power operation according to the law.
Article 56 The administrative institutions of areas shall innovate on the examination and approval service model, promote the standardization of examination and approval services, and implement one-department acceptance, centralized examination and approval, handling within a prescribed time limit, tracking services and other service systems in business startup, business permit, and talent introduction and other respects.
Article 57 HBFTZ shall, under the principles of openness and transparency, convenience and efficiency, and information sharing, promote e-government construction, integrate and optimize the online business-processing system and business process, and realize one-website processing of government affairs services.
HBFTZ shall customize a special webpage for enterprises in HBFTZ to provide personalized government affairs information delivery services for enterprises.
Article 58 HBFTZ shall implement the administrative licensing notification and undertaking system. The licensing department shall notify the applicant of the statutory licensing conditions. Where an applicant pledges to meet the statutory licensing conditions, the licensing department may make a licensing decision according to the commitment, except the matters involving public safety, personal and property safety, financial security, and ecological environmental protection.
The licensing department shall, after a licensing decision is made, inspect whether the licensee meets the statutory licensing conditions; a licensee that is examined not to meet the statutory licensing conditions shall be ordered to take corrective action within the prescribed time limit; and a licensee that still does not meet the conditions after rectification is made shall be subject to revocation of administrative licensing.
The specific scope and procedures for notifying the licensing system under pledge shall be determined by the provincial people's government according to the law and be issued to the public.
Article 59 HBFTZ shall, according to the law, incorporate the credit information on market participants into the provincial social credit information platform according to the law, and implement joint incentive for keeping faith and joint punishment for losing faith.
Credit service institutions shall be encouraged and supported to develop and innovate on credit products, expand the field and scope of credit services, participate in international cooperation, and promote the application of credit investigations, credit assessment, credit guarantee, credit insurance and other credit products and services in administrative management, public services, market transactions, production and life.
Article 60 HBFTZ shall innovate on the environmental protection management system, implement the environmental protection commitment system for enterprises, explore the environmental assessment management mode for construction projects characterized by classified administration, similar simplification, and recordation on a trial basis, and establish a coordination mechanism for joint prevention and control of environmental protection.
Article 61 HBFTZ shall establish a national security examination working mechanism involving foreign investment, and cooperate with the relevant state departments on carrying out national security examination of foreign investment in HBFTZ.
Parties shall cooperate with the national security examination and provide necessary materials and information.
Article 62 HBFTZ shall establish a monopoly-combating examination working mechanism, cooperate with relevant state departments, and carry out investigation and law enforcement of enterprises' acts involving concentration of business operators, monopoly agreements, abuse of market dominance and abuse of exclusion of administrative powers, and restriction of competition, among others, according to the law.
Article 63 HBFTZ shall improve the public participation system, encourage and support enterprises, interest groups, relevant organizations and the public to provide comments and suggestions on the construction of HBFTZ, and participate in the assessment of the pilot policies and market supervision.
Industrial organizations shall, according to the construction needs of HBFTZ, develop and organize the implementation of general plans for industries, service standards, industry conventions, professional ethics and other systems, regulate the acts of members, and play the guiding role of industrial self-regulation.
Chapter VII Environment of Ruling by Law
Article 64 Where HBFTZ needs to temporarily adjust or stop the application of some provisions of the relevant laws, administrative regulations and departmental rules for reform and innovation, the relevant departments shall offer comments in a timely manner, and file a request for conducting pilot program first in HBFTZ under the legal procedures.
Where HBFTZ needs to temporarily adjust or stop the application of the relevant local regulations, government rules or regulatory documents for reform and innovation, the development authority shall make a decision under the legal procedures.
Article 65 HBFTZ shall strengthen the protection of intellectual property rights, establish a unified intellectual property rights law enforcement system and rapid collaborative protection mechanism, improve the cross-regional intellectual property rights protection system, and improve the foreign-related intellectual property rights law enforcement coordination mechanism.
Article 66 HBFTZ shall improve the diversified and international commercial dispute resolution mechanism, strengthen the construction of industrial and professional mediation organizations, explore the establishment of the cooperation mechanisms with foreign commercial mediation institutions, and jointly resolve the cross-border disputes.
Industry associations, chambers of commerce, and mediation organizations, among others, may participate in the mediation of commercial disputes in HBFTZ, and play a role in resolving disputes.
Article 67 Parties to commercial disputes shall be encouraged to resolve commercial disputes through arbitration under the principle of autonomy, and may, according to the laws and relevant provisions issued by the state, select the arbitration rules, applicable laws, methods of trial, and composition method of the arbitration tribunal by agreement.
Arbitration institutions shall, according to the international treaties, laws and regulations, and with reference to the international commercial arbitration practices, adapt to the characteristics of HBFTZ, improve the arbitration rules, improve the degree of internationalization of commercial arbitration, and provide independent, impartial, professional and efficient arbitration services.
Article 68 HBFTZ shall cultivate and develop professional and international law firms, arbitration institutions, mediation institutions, notarization agencies, authentication agencies, and other legal service institutions, and encourage domestic and foreign legal service institutions and talents to provide legal professional services in HBFTZ.
Chapter VIII Supplemental Provisions
Article 69 These Regulations shall come into force on January 1, 2019.