436.Provisional Measure of Shenzhen Municipality on the Authority ofQianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone深圳市前海深港现代服务业合作区管理局暂行办法

发布时间:2016-12-20来源:市法制办字体:【 【内容纠错】

 

Provisional Measure of Shenzhen Municipality on the Authority ofQianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone

Chapter One General Provisions

Article 1 In order to innovate the administration system and mechanism of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone (hereinafter referred to as “Qianhai Cooperation Zone”), and to standardize the operation of the Authority of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone (hereinafter referred to as “Qianhai Authority”), this Measure is formulated in accordance with Regulations of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone of Shenzhen Special Economic Zone (hereinafter referred to as “Regulations”).

Article 2 Qianhai Authority is the statutory administration body of Qianhai Cooperation Zone established in accordance with Regulations. Qianhai Authority performs relevant duties of administration and public service in accordance with the relevant provisions of Regulations and this Measure.

Article 3 Qianhai Authority operates under the leadership of municipal government, upholding the idea of diligence, standardization, efficiency, incorruption and integrity, and adhering to the principle of innovation, marketization and being in line with international convention. Qianhai Authority is under overall planning and advances as a whole, and is devoted to promoting the development and openness of Qianhai Cooperation Zone, which aims to build Qianhai Cooperation Zone as model zone where creative cooperation between Guangdong and Hong Kong in the field of modern service industry is typical, and as the critical base of the national modern service industry and as the center of producer service with powerful radiating capacity.

Article 4 Qianhai Authority shall explore a mechanism with clear duties, scientific decision and efficient operation, and shall improve its regulation capacity, provide excellent service and create a friendly environment beneficial to the development of modern service industry.

Article 5 Relevant departments of municipal government and the district government with jurisdiction shall support and cooperate with Qianhai Authority according to their respective duties so as to advance the development and construction of Qianhai Cooperation Zone.

Chapter Two Duties

Article 6 Qianhai Authority is responsible for the development and construction, operation and administration, investment promotion, mechanism innovation, overall coordination and other items of Qianhai Cooperation Zone, specific duties of Qianhai Authority are:

(1) Organizing to formulate development strategies and plan of Qianhai Cooperation Zone, and organizing to enforce them when they are approved in accordance with the provided  procedure;

(2) Organizing to formulate industry development guidance directory and entry criteria of Qianhai Cooperation Zone, and organizing to enforce them thereafter when they are approved under established procedure;

 (3)Organizing to formulate and implement rules and guidelines relating to the promotion of modern service industry within Qianhai Cooperation Zone;

(4) Organizing to draft special provisions on the application of the municipal rules and regulations in Qianhai Cooperation Zone, and submitting them to the municipal government for approve in accordance with statutory procedure;

(5) Being responsible for the planning administration of Qianhai Cooperation Zone as stipulated in this Measure;

(6) Being responsible for the land administration and land banking of Qianhai Cooperation Zone as stipulated in this Measure;

(7) Being responsible for the land development and the construction, operation and administration of the infrastructure and public service facility of Qianhai Cooperation Zone

(8) Undertaking the task of investment and financing of construction of Qianhai Cooperation Zone and participating in strategic investment of major projects;

(9) Being responsible for the administration of approval, authorization, filing or application transfer of investment projects (including fixed-asset investment projects) in Qianhai Cooperation Zone, excluding financial industry projects;

(10) Being responsible for investment promotion and propaganda promotion of Qianhai Cooperation Zone;

(11) Being responsible for external cooperation and communication of Qianhai Cooperation Zone;

(12) Coordinating the performance of respective duties of relevant municipal departments and the district government with jurisdiction in Qianhai Cooperation Zone;

(13) Being responsible for the administration, service, and coordination matters of Shenzhen Qianhai Bay Free Trade Port Zone, and coordinating port authorities to develop their business;

(14) Organizing to formulate and implement internal systems, such as personnel system, compensation system and performance management system of Qianhai Authority;

(15) Other duties vested by the municipal government.

Article 7 As for the administration matters which are decentralized by the competent authorities at or above the provincial level in the Qianhai Cooperation Zone, they shall be implemented by the relevant administration departments of the municipal government or Qianhai Authority in accordance with the relevant provisions on decentralization within the area of Qianhai Cooperation Zone.

Article 8 The society administration functions of Qianhai Cooperation Zone, such as environment protection, labor management, city appearance and environmental sanitation, public security, firefighting, and safety production, shall be under the responsibilities of the district government with jurisdiction and relevant municipal departments.

Qianhai Authority shall positively coordinate relevant municipal departments to advance the innovation of society administration system of Qianhai Cooperation Zone and fully improve the level of administration.

Article 9 According to the development and management requirement of Qianhai Cooperation Zone, Qianhai Authority may submit its requirement of adjusting the scope of the function of relevant municipal departments in Qianhai Cooperation Zone to the municipal government.

Chapter Three Operation Mechanism

Article 10 Qianhai Authority implements the system of director responsibility, the director is appointed by the municipal government with term of 5 years. The director is fully responsible for the business of Qianhai Authority.

Article 11 Deputy director of Qianhai Authority shall be nominated by the director, and then be appointed by the municipal government according to the provided procedure.

Qianhai Authority may hire senior manager from the domestic and oversea professionals according to its needs.

Article 12 Qianhai Authority operates under the leadership of the municipal government, its annual work report shall be made publicly after being approved by the municipal government.

Article 13 The following material matters shall be implemented after being studied, discussed and commented at the director’s office meeting and being approved by the municipal government according to the provided procedure:

(1) Investment plan and financing plan of Qianhai Cooperation Zone;

(2) The development strategies, plan and entry criteria and relevant administration systems of Qianhai Cooperation Zone;

(3) Financial budget of Qianhai Cooperation Zone and annual work plan, financial budget report/final financial report of Qianhai Authority;

(4) Compensation assignment plan, pension plan and the compensation standard and incentive issues of the management staff of Qianhai Authority;

(5) Other material matters which shall be determined by the municipal government.

Article 14 Qianhai Authority may set up necessary consulting institution, or hire domestic and oversea celebrities, specialists and scholars to provide advisory opinion about development of  Qianhai Cooperation Zone.

Article 15 Qianhai Authority may take advantage of the land, business assets and financial funds of Qianhai Cooperation Zone to establish a multi-tiered and multi-channel investment and financing system to raise fund for the development and construction of Qianhai Cooperation Zone.

Qianhai Authority may establish Shenzhen Qianhai Investment and Development Holdings Co., Ltd. in accordance with law which is responsible for the primary land development, infrastructure construction and investment of major projects. Qianhai Authority shall perform its duty as contributor in accordance with law.

Revenue gained by Qianhai Authority as contributor shall be mainly used for the development and construction of Qianhai Cooperation Zone and other purposes stipulated by the municipal government.

Chapter Four Planning Construction Administration

Article 16 The land of Qianhai Cooperation Zone is owned by the State, and the system of term and compensated use of land shall be executed. Qianhai Authority, on behalf of the municipal government, is responsible for the supervision, administration and development of land of Qianhai Cooperation Zone.

Article 17 Qianhai Authority is responsible for organizing to compile annual land supply plan and annual standby land plan of Qianhai Cooperation Zone within the scope of the land supply plan and standby land plan of Shenzhen, which will be implemented after being approved by the municipal government according to the provided procedures.

Article 18 The statutory plan of Qianhai Cooperation Zone shall be compiled jointly by Qianhai Authority and the municipal planning and land using department, which will be implemented after being approved by the municipal government. Expect overall planning of Qianhai Cooperation Zone, Qianhai Authority shall organize to compile other kinds of planning, which will be implemented after being approved by the municipal government.

Article 19 Qianhai Authority shall be responsible for reserve administration of state-owned land of Qianhai Cooperation Zone.

Article 20 Qianhai Authority may develop and use the state-owned land within Qianhai Cooperation Zone, which has not been yet transferred, by the means of land usage right transfer, assignment, lease or cooperation in accordance with provisions.

Land assignment shall comply with relevant provisions and will be implemented by Qianhai Authority after being approved by the municipal government. Where the land is used by transfer or lease, conditions of transfer and lease shall be stipulated by Qianhai Authority, which shall be included into the municipal unified platform after being approved by the municipal government. Qianhai Authority shall be responsible for examination of the buyer's qualifications. Where the land is used by cooperation, Qianhai Authority shall propose plans and implement them after being approved by the municipal government. 

Under the premise of having no influence on the project construction and industry development, Qianhai Authority may use the state-owned reserve land of Qianhai Cooperation Zone to start business such as temporary land lease. Revenue gained therefrom shall be used to pay the daily administration expense of Qianhai Cooperation Zone.

Article 21 Where any state-owned land within the area of Qianhai Cooperation Zone is to be transferred, Qianhai Authority shall organize the transfer according to the transfer plan on behalf of the municipal government. And it shall be included into Shenzhen land and real estate exchange platform to be transferred publicly.

Article 22 Qianhai Authority shall be responsible for organizing the examination of change of ownership, nature, development intensity of land of Qianhai Cooperation Zone which has already been transferred. Such changes will be implemented after being approved by the municipal government according to the provided procedure.

Article 23 Qianhai Authority shall act as the competent department of government investment for any government investment projects within the area of Qianhai Cooperation Zone, and shall perform its duty and carry out management in accordance with management procedure of government investment projects as stipulated by relevant regulation and rule of Shenzhen. As for any government investment projects which are approved by Qianhai Authority, Qianhai Authority shall file them to the competent authorities at the municipal level after the approval.

Article 24 Any construction project within the area of Qianhai Cooperation Zone, which meets the conditions of bid, shall be included into the unified bidding platform at the municipal level.

Article 25 Qianhai Authority may entrust the relevant resident agency of the municipal planning and land using department to undertake the land planning and management of Qianhai Cooperation Zone.

Competent administrative departments at the municipal level, such as construction department and environment protection department, shall entrust the working office or resident agency which is established in Qianhai Cooperation Zone with full empowerment, to undertake relevant administrative work such as construction and environment protection.

Article 26 When Qianhai Authority compiles various plans and researches, it may determine the procurement method and procurement condition according to its needs; and after the preliminary work of bid is done, the procurement shall be processed at the municipal unified government procurement platform.

Article 27 Where trans-region or cross-region project needs to occupy land within Qianhai Cooperation Zone, or may cause adverse influence on development of Qianhai Cooperation Zone, an approval from Qianhai Authority shall be obtained in advance.

Chapter Five Public Service and Administration

Article 28 Qianhai Authority shall establish a one-stop service center in Qianhai Cooperation Zone, to handle relevant administrative permission and public service matters in the Qianhai Cooperation Zone uniformly.

Article 29 Relevant municipal departments and the district government with jurisdiction shall dispatch personnel or institution to the one-stop service center according to the development and management needs of Qianhai Cooperation Zone, to provide convenient one-stop service for the natural person, legal person and other organizations in Qianhai Cooperation Zone. The dispatched personnel and institution  shall accept the instruction and supervision of Qianhai Authority.

The municipal government may make adjustment and arrangement of the dispatched personnel and institution  from time to time according to the development and construction needs of Qianhai Cooperation Zone.

Article 30 Relevant municipal departments and the district government with jurisdiction shall entrust the personnel or the institution dispatched to the one-stop service center with full empowerment, and simplify the approval process to make sure that relevant licensing items can be done independently in Qianhai Cooperation Zone.

Article 31 Qianhai Authority shall file the approved items to relevant municipal departments in accordance with relevant provisions after Qianhai Authority has made administrative license decisions on the items which are authorized.

Article 32 Qianhai Authority shall strengthen the construction and management of the public service platform in the Qianhai Cooperation Zone, and innovate the administration system and operation rules in the field of public administration. 

Article 33 Qianhai Authority shall positively coordinate and push the reform and innovation in the fields of public service, such as customs clearance, education, medical, outbound travel on public duty, and social security to provide convenience for the work and life of people in Qianhai Cooperation Zone and to create good environment of public service.

Article 34 The municipal Taxation Bureau, market surveillance, police office, urban administration enforcement office, civil administration and other departments shall provide excellent and efficient public service to the natural person, legal person and other organizations in Qianhai Cooperation Zone according to their respective duties and accept the coordination of Qianhai Authority.

Article 35 Qianhai Authority may absorb social capital by various means and conduct market-oriented operation to jointly provide public services and products, such as water supply, energy guarantee, internet, communication network and broadcast network, with international standard in Qianhai Cooperation Zone.

Article 36 Qianhai Authority may cooperate with relevant public service institutions in HongKong and actively introduce public service institutions in HongKong to set up service platform in Qianhai Cooperation Zone.

Chapter Six Industry Promotion

Article 37 Qianhai Authority shall actively encourage and guide the development of Qianhai Cooperation Zone, based on high-end guidance, focusing on quality of projects, paying attention to the soft power of enterprise, to promote the development of the modern service industry in Qianhai Cooperation Zone.

Article 38 Together with relevant municipal departments, Qianhai Authority, shall actively support the development of creative business of modern service industry in Qianhai Cooperation Zone.

Article 39 With the support of relevant national and provincial departments, Qianhai Authority shall actively carry out Mainland and Hong Kong Closer Economic Partnership Arrangement in Qianhai Cooperation Zone, play a leading and exploratory role.

Article 40 Qianhai Authority shall formulate guidance list and entry criteria according to the industry planning of Qianhai Cooperation Zone, which will be public after being approved by the municipal government according to the provided procedure.

The approval of establishment and change of foreign-invested non-financial enterprises and foreign-invested projects in Qianhai Cooperation Zone shall be made by Qianhai Authority within the extent of competence of municipality with independent planning status, which shall be filed to the municipal administrative department of foreign investment.

The approval of establishment, change of foreign-invested enterprises and foreign-invested projects which are not stipulated in the above clause shall be made in accordance with relevant provisions by the municipal administrative department of foreign investment.

Article 41 Qianhai Authority shall formulate relevant rules and guidance promoting the development of modern service industry and enforce them in Qianhai Cooperation Zone in accordance with law.

Article 42 Together with relevant municipal departments, Qianhai Authority shall actively explore to establish a business registration system in Qianhai Cooperation Zone, which is in line with the international common rule and practice.

Article 43 Qianhai Authority shall actively coordinate relevant municipal departments to optimize the tax collection system and process in Qianhai Cooperation Zone and create tax environment beneficial to the development of modern service industry.

Article 44 Qianhai Authority shall actively cooperate with relevant municipal departments, to put forward statistical system of modern service industry which is in line with the international common rule and practice for the realization of independent compiling of the local GDP.

Chapter Seven Fiscal Administration

Article 45 Qianhai Authority has a relatively independent fiscal administration power. Qianhai Authority is responsible for compile fiscal budget of Qianhai Cooperation Zone and the appropriation budget of Qianhai Authority, which will be included into the municipal annual fiscal budget after being examined by the municipal government and will be implemented by Qianhai Authority after being approved by the municipal congress.

Article 46 The municipal fiscal department shall appropriate the sum of money which is undertaken by the municipal finance in accordance with the approved annual budget in time and in full. Qianhai Authority shall use the above funds on an overall basis and accept the supervision of relevant supervisory organization according to the provisions.

Article 47 Qianhai Authority shall actively explore market-oriented operation model of land use and public service products of Qianhai Cooperation Zone and gradually realize the goal of raising and using budgetary resources on its own.

Article 48 Revenue gained from the transfer of usage right of state-owned land of Qianhai Cooperation Zone shall be submitted to the state treasury,  after the policy-based rigidity expenditure is deducted, all the balance shall be returned to Qianhai Authority. Such balance shall be used for the development and construction of Qianhai Cooperation Zone according to law.

Qianhai Authority shall establish accounting system of land development cost and revenue and accept the supervision of relevant supervisory organization.

Article 49 Qianhai Authority shall establish financial administration system with separate control of revenues and expenditures and strictly enforce national, provincial and municipal regulations on finance.

Together with municipal financial department, Qianhai Authority shall formulate administration measures on use of fiscal funds, which shall clarify the scope and standard of use of fiscal funds in order to use and administrate those funds normatively.

Chapter Eight Human Resource and Compensation

Article 50 Qianhai Authority implements human resource system of the nature of enterprization and marketization, and has independent right to make employment decision. Qianhai Authority may decide the institution setting, post setting, employment, compensation standard and other items at its own discretion within the range of the number of paid employees, number of leadership positions and the total amount of compensation determined by the municipal government, and accept the supervision of departments of public sector reform, organization and personnel, finance and discipline inspection and supervision.

Article 51 Qianhai Authority shall formulate supporting systems for human resource management, such as compensation management, pension management, employee recruitment, job competition (employment) , performance appraisal based on the principle of science and reason, high efficiency, openness and equality, and competition and merit.

Qianhai Authority shall submit the systems of compensation management and pension management prescribed in the preceding paragraph to the municipal government for decision, thereafter file to the municipal human resources and social security department.

Article 52 Qianhai Authority implements market-oriented compensation system, where the total amount of compensation is determined by the municipal government by taking the market price, the compensation level of domestic functional zone of the same nature and other elements as reference. Qianhai Authority may also make adjustments according to the completion status of task and the change of market price.

Article 53 Qianhai Authority shall explore and establish performance evaluation and stimulant mechanism within the scope of the total amount of salary determined by the municipal government based on the principle of goal orientation and combination of rewards and punishments.

Article 54 Qianhai Authority shall focus on the needs of labor required by long-term development and improve the employees’ work skill and quality by strengthening the training management. Training fees shall be independently listed in the annual budget.

Article 55 Qianhai Authority shall enter into employment contracts with its employees.

Article 56 Employees of Qianhai Authority shall join the social insurance, including endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance in accordance with relevant municipal provisions, and implement housing accumulation fund system and pension system in accordance with relevant provisions.

Chapter Nine Supervision and Administration

Article 57 Qianhai Authority accepts the supervision of special supervisory organization in accordance with law.

Supervisory organization may accept the commission of the units with function of supervision and inspection, exercise correspondent power.

Article 58 Qianhai Authority shall make its administrative information public in accordance with Regulations on the Disclosure of Government Information of People's Republic of China and Rules of Shenzhen Municipality on the Disclosure of Government Information.

Article 59 Senior manager of Qianhai Authority shall report to the municipal government about his income situation in the previous year in the first quarter of each year.

Article 60 Where Qianhai Authority and the employees thereof fail to perform duty or perform duty improperly, liability shall be pursued according to the relevant provisions and contracts. where a crime is involved, it shall be transferred to the judicial authority for handling.

Chapter Ten Supplemental Provisions

Article 61 Any administration issue within Qianhai Cooperation Zone which is not stipulated in this Measure shall be undertaken by relevant municipal departments and district government with jurisdiction according to their respective duties and functions.

Qianhai Authority may formulate correspondent administration rules on public service, administration and planning construction in accordance with the revelant provisions of Regulations and this Measure, and execute them within Qianhai Cooperation Zone.

Article 62 This Measure shall go into effect as of October 8, 2011.