439.Interim Measures on the Administration of Shenzhen Qianhai Bay Free Trade Port Zone深圳前海湾保税港区管理暂行办法

发布时间:2017-02-15来源:市法制办字体:【 【内容纠错】

Interim Measures on the Administration of Shenzhen Qianhai Bay Free Trade Port Zone

 

Article 1 In order to regulate the administration and operation of Shenzhen Qianhai Bay Free Trade Port Zone (hereinafter referred to as Free Trade Port Zone), explore the innovation of the administration systems and mechanisms of Free Trade Port Zone, promote opening cooperation and scientific development, these Measures are formulated in accordance with the provisions of the Reply of State Council on Approving the Establishment of Shenzhen Qianhai Bay Free Trade Port Zone, the General Development Planning of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, and the Regulations of Shenzhen Special Economic Zone on Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, and the relevant laws, regulations, rules, and in light of the actual conditions.

Article 2 These Measures are applicable to the administration, development, construction, and operation of Free Trade Port Zone.

Administration organs of Free Trade Port Zone set by customs, inspection and quarantine, border inspection, maritime and other port departments, shall exercise their functions and powers in accordance with the relevant provisions of the State.

Article 3 The Range Dimension of Free Trade Port Zone, shall be executed in accordance with the scope ascertained in the reply of State Council on Free Trade Port Zone. The actual closed operation scope of Free Trade Port Zone, shall be executed in accordance with the scope checked and accepted by the General Administration of Customs jointly with other relative departments.

Article 4 Free Trade Port Zone mainly carries such businesses as international procurement, international distribution, international transit, international entrepot trade, export processing, and the supporting services of finance, insurance, agency, test and etc., and focuses its effect on the development of modern logistics, shipping service, supply chain management, finance innovation and other businesses.

Article 5 Free Trade Port Zone shall learn the general rules of the international free trade zones and the free trade ports for reference, insist on system and mechanism innovation, making pioneering and pilot efforts, strengthen Shenzhen-Hongkong cooperation, explore to establish a free trade port zone with  perfect functions, efficient operation, sound legal system and international competitiveness.

Article 6 Free Trade Port Zone shall make mechanism innovations on administrative management, public service, port supervision, development and operation, establish and improve the administration mechanisms with the features of market oriented operation, unified coordination, well-defined functions and duties, streamline and efficiency.

Article 7 Shenzhen Municipal People’s Government (hereinafter referred to as Municipal Government) shall formulate preferential policies and stimulating measures, support the construction and development of Free Trade Port Zone from the aspects such as planning, land, finance and tax, human recourse, and public facilities.

Article 8 The Municipal Administration Bureau of Qianhai Bay Free Trade Port Zone (hereinafter referred to as Administration Bureau) set by Municipal Government shall fulfill the following functions and duties in accordance with the provisions of these Measures.

(1) Organizing to formulate the planning for the development of Free Trade Port Zone;

(2) Organizing to formulate the industry policies of Free Trade Port Zone and the relevant rules and guidelines on promoting the development of Free Trade Port Zone;

(3) Formulating the annual investment plan of Free Trade Port Zone;

(4) Compiling the statutory graphic standard of Free Trade Port Zone jointly with the planning department; being responsible for compiling other special planning to implement the general planning of Free Trade Port Zone;

(5) Being responsible for the land administration and the development of the government stored land within Free Trade Port Zone;

(6) Organizing investment attraction, promotion, communication and cooperation;

(7) Being responsible for the administration of the relevant state-owned properties of Free Trade Port Zone;

(8) Coordinating customs, inspection and quarantine, border inspection, maritime, taxation, finance, and other administration departments to develop relevant businesses within Free Trade Port Zone;

(10) Exercising the administrative powers such as administrative approval, administrative punishment, and providing public service;

(11) Other functions and duties provided by Municipal Government.

Administration Bureau organizes to implement the functions and duties prescribed in  Item 1 to Item 4 of the previous paragraph, subject to the approval in accordance with the provided procedure.

Article 9 Except the functions and duties implemented by Administration Bureau prescribed in Article 8 of these Measures, the district government and the relevant competent departments of Municipal Government are responsible for the affairs such as work safety, labor management, city appearance and environmental sanitation, public security and fire prevention, environment protection, Administration Bureau is responsible for coordination.

Article 10 The expenses therefrom for Administration Bureau to implement the functions and duties prescribed in Article 8 of these Measures, shall be incorporated in the budget of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone (hereinafter referred to as Qianhai Cooperation Zone) and the expense budget of the Administration Bureau of Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, the implementation shall be subject to the approval in accordance with the provided procedure.

Article 11 Administration Bureau jointly with the relevant departments shall standardize the standard of administrative approval, simplify the approval conditions, reduce the approval process, and improve approval efficiency. The systems such as unified acceptance, centralized approval, limited time management, and tracking service shall be implemented for the administrative approval within Free Trade Port Zone through the one stop service center.

If the application materials submitted by an applicant are complete and meet the statutory form, and the approval could be made on site, the approval shall be immediately made on site; if the approval could not be made on site, the approval decision shall be made within three workdays after the acceptance; while the administrative approval decision could not be made within three workdays, the time limit may be extended subject to the approval of the person in charge of the administration organization.

Article 12 Administration Bureau shall formulate industry development guidance catalog, ascertain enterprise access conditions, exit mechanism, and relevant policies.

Administration Bureau shall, jointly with the relevant departments, explore, promote, and implement commercial registration system linked with international prevailing rules in Free Trade Port Zone.

Article 13  A port coordination mechanism of Free Trade Port Zone shall be established. Administration Bureau shall hold joint conferences in which customs, inspection and quarantine, border inspection, maritime, the relevant municipal departments, and representatives of enterprises shall participate in on a regular basis, coordinate port administration matters of Free Trade Port Zone, and create convenient customs clearance service environment for Free Trade Port Zone entry and exit of people, cargoes, and vehicles.

Article 14 The cooperation between Free Trade Port Zone and Hongkong as well as ports of origin of cargoes shall be strengthened.

Supervision cooperation modes of customs, inspection and quarantine, border inspection, maritime, and other port departments shall be innovated. A port supervision information sharing mechanism shall be explored and built., border inspection, maritime, and other port departments to build a cooperation mechanism, and conduct joint law enforcement when necessary.

Administration Bureau shall coordinate with customs, inspection and quarantine

Article 15 Customs shall implement electronic filing administration over the cargo flowing between Free Trade Port Zone and overseas, unless otherwise provided by laws, regulations, or rules.

Cargoes within Free Trade Port Zone may flow freely.

Article 16 In accordance with the actual situation, the inspection and quarantine department may only exercise quarantine without inspection for the cargoes entering Free Trade Port Zone from aboard, unless otherwise provided by laws, regulations, or rules.

Article 17 The restricted area for border inspection shall be delimited within Free Trade Port Zone, significant signs shall be set; the border inspection department shall adopt advanced technology and equipment, innovate supervision mode, and improve administration level.

Article 18 Maritime department shall implement the whole-process and real-time monitoring over the water of Free Trade Port Zone, and give priority to guide and arrange the ships’ entry into and exit from Free Trade Port Zone.

Article 19 Administration Bureau shall coordinate, plan, and construct information infrastructure of Free Trade Port Zone, promote the construction of information standardization of Free Trade Port Zone, integrate and share information resources of Free Trade Port Zone, promote the construction of public information platform, and provide public information services for electronic data exchange and clearance administration.

Enterprises within Free Trade Port Zone may construct and improve business information platform which may serve Free Trade Port Zone.

Article 20 The land use within Free Trade Port Zone shall meet the industry policies and planning requirements of Free Trade Port Zone. The use of the land that has been transferred prior to the implementation of these Measures shall be standardized by Administration Bureau in accordance with the relevant provisions.

Article 21 Free Trade Port Zone may enjoy the following preferential policies:

(1) Cargoes from aboard shall be bonded for entering Free Trade Port Zone;

(2)  For the cargoes leaving Free Trade Port Zone and sold domestically, customs formalities shall be handled in accordance with the relevant provisions of cargo import, and tax shall be collected according to the actual conditions;

(3) Domestic cargoes entering Free Trade Port Zone shall be regarded as export, tax shall be refunded; water, electricity, gas (steam) consumed by the enterprises within Free Trade Port Zone shall be exercised with the export tax refund rate of export cargoes in accordance with the provisions of policies;

(4) The cargo transactions between the enterprises registered in Free Trade Port Zone shall be exempt from the value-added tax and consumption tax;

(5) The income of insurance companies registered within Shenzhen which is obtained from providing international shipping insurance business to the enterprises registered within Free Trade Port Zone shall be exempt from the business tax;

(6) The income of the enterprises registered within Free Trade Port Zone which is obtained from offshore service outsourcing business shall be exempt from the business tax.;

(7) Modern logistics enterprises which are registered within Free Trade Port Zone and meet the provided conditions shall enjoy the policy that the business tax of the pilot logistics enterprises shall be collected on the difference;

(8) The corporate income tax collected from the enterprises recognized as the advanced technology service enterprises within Free Trade Port Zone shall subject to the preferential tax rate of fifteen percent; the actually occurred staff education and training expenses which are no more than eight percent of total wages of the enterprise shall be deducted before the collection of the corporate income tax;

(9) Other preferential policies provided by laws, regulations and Municipal Government.

The preferential policies related with finance, taxation and other matters within Qianhai Cooperation Zone are applicable to Free Trade Port Zone.

Article 22 These Measures shall take effect as of October 8, 2011

Remote electronic declaration may be implemented for dangerous cargoes entering into or existing from Free Trade Port Zone; the box-open check rate for the dangerous cargoes declaration of the enterprises with high credit rating may be reduced appropriately.

Establishment, production, and operation of enterprises within Free Trade Port Zone shall meet the industry development requirements of Free Trade Port Zone, processing trade business of high energy-consuming, high-pollution or resource-intensive products or commodities incorporated into the Catalogue of Prohibited Commodities in Processing Trade should be forbidden.

The specific approval administration system shall be otherwise formulated by Administration Bureau jointly with relevant departments, and reported to Municipal Government for approval and implementation.

(9) Being responsible for the administrative work about going abroad or visiting Hong Kong, Macao on business of Chinese personnel within Free Trade Port Zone;