Shanghai FTZ Overall plan released

Shanghai FTZ Overall plan released

Shanghai FTZ Overall plan released
News:Shanghai Free Trade Zone Area to mention the overall program released five major reform tasks and measures
State Council issued China (Shanghai)
 
 
Free trade test area overall program notice
 
Guo Fa [2013] No.38
 
Provinces,autonomous regions and municipalities,wagons,directly under the agency:
 
State Council approved the "China ( Shanghai ) free trade test area overall program," (hereinafter referred to as the "program"),is hereby issued.
 
First,the establishment of China ( Shanghai ) test area of free trade,the CPC Central Committee,State Council made a major decision is to thoroughly implement the party's 18 spirit,in the new situation of reform and opening up major initiatives to accelerate the transformation of government functions,and actively Explore management model innovation,and promote trade and investment facilitation,deepening reform and opening wider to fully explore new ways to accumulate new experience,with great significance.
 
Second,the Shanghai Municipal People's Government to carefully organize the "program" implementation.To explore the establishment of investment access and national treatment before the negative list management,deepen the reform of administrative examination and approval system,speed up the transformation of government functions,to enhance the matter,after the level of regulation.To expand the services liberalization,financial sector to promote open innovation,building a world-class investment and trade facilitation,regulatory efficient and convenient,legal environment of free trade norms test area,making advance reform and improve the level of an open economy "experimental field",formation can be copied,can be extended experience,play a demonstration,the national service active role in promoting the common development of all regions.Departments should vigorously support,good coordination,guide the evaluation work.
 
Three,according to the "National People's Congress on Authorizing the State Council in China ( Shanghai ) test area of free trade law temporarily adjust the administrative approval decision" temporarily adjust the corresponding administrative regulations and State Department documents some of the provisions.Specifically by the State Council issued separately.
 
"Program" in the implementation of major issues,the Shanghai Municipal Government to promptly report to the State Council to consult.
 
State council
 
September 18,2013
 
(his piece published)
 
China (Shanghai) overall program of free trade test area
 
Establishment of China ( Shanghai ) free trade test area ( hereinafter referred to as pilot area ) is the State Council made ​​a major decision,is thoroughly implement the party's 18 spirit,in the new situation of reform and opening up major initiatives.Pilot area for the comprehensive and effective work to promote the development of the program.
 
First,the general requirements
 
Shouldering the test area in the new era of accelerated transformation of government functions,and actively explore management innovation,and promote trade and investment facilitation,deepening reform and opening wider to fully explore new ways to accumulate new experience in an important mission,is a national strategic needs.
 
( A ) guiding ideology.
 
Hold high the great banner of socialism with Chinese characteristics,take Deng Xiaoping Theory and "Three Represents " important thought,scientific outlook on development as guidance,closely around the national strategy to further emancipate the mind,persist pilot,promote reform and development,the first establishment of the rule of law in line with international requirements and cross-border investment and trade rules system,so that our country further into the test area to become an important carrier of economic globalization,to build an upgraded version of the Chinese economy,in order to achieve the great rejuvenation of the Chinese dream to contribute.
 
( Two ) overall goal.
 
After two to three years of reform experiments,accelerate the transformation of government functions,and actively promote the services sector to expand,opening up and foreign investment management system,vigorously develop headquarters economy and new trade industry and accelerate the exploration of capital account convertibility and full liberalization of the financial services industry,to explore establish regulatory model status classification of goods,and strive to create a policy to promote investment and innovation support system,foster the rule of law and international business environment,and strive to build itself into a world-class investment and trade facilitation,currency exchange freedom,convenient and efficient regulatory and legal environmental norms of free trade test area for China to expand and deepen the reform and opening to explore new ideas and new ways to better serve national service.
 
( Three ) scope.
 
Test area covering Shanghai Waigaoqiao Free Trade Zone,Shanghai Waigaoqiao Bonded Logistics Park,the Yangshan Bonded Port and Shanghai Pudong Airport Free Trade Zone and other four customs supervision,and according to a pilot to promote industrial development and radiation as well as driven by need,and gradually expand the scope and range of the pilot policy,formation and Shanghai international economic,financial,trade and shipping center construction linkage mechanism.
 
Second,the major tasks and measures
 
Closely around the world,serving the country's strategic requirements and Shanghai "four centers" strategic task,in accordance with the pilot,risk control,step forward,and gradually perfect the way,expanding opening up and reform of the combined functions and policies to foster innovation combine to form international investment,trade conventions and rules of convergence of the basic institutional framework.
 
( A ) accelerate the transformation of government functions.
 
1.Deepening administrative reform.Accelerate the transformation of government functions,government management reform and innovation,in accordance with international,rule of law requirements,and actively explore the establishment of high standards with international trade and investment rules system adapted to the administrative system,promote government prior approval by the focus turned attention to things,the ex post regulation.Establish an acceptance,approval and efficient operation of the integrated services model,and improve the information network platform,collaborative management mechanisms in different sectors.The establishment of industry information tracking,monitoring and imputation comprehensive evaluation mechanism to strengthen the test area outside the operating activities of enterprises in the zone the whole process of tracking,management and supervision.Establish a centralized and unified market comprehensive law enforcement supervision system,in terms of quality and technical supervision,food and drug regulation,intellectual property,taxation and other management areas,to achieve efficient supervision,actively encourage social forces to participate in market supervision.Improve administrative transparency,better reflects investors to participate,in line with international rules for information disclosure mechanism.Effective protection of investors' interests perfect mechanism to achieve fair competition in all types of investors,to allow qualified foreign investors to freely transfer their investment income.Establish intellectual property dispute resolution,assistance resolution mechanism.
 
( Two ) to expand investment areas open.
 
(2) expand the services liberalization.Select financial services,shipping services,business services,professional services,cultural services,and opening wider field of social services ( specific opening listed in annex ),suspend or cancel the qualification requirements of investors,equity ratio limits,restrictions on access to business scope restrictions ( banking institutions,except for information and communication services ),create a favorable equal access to various types of investors in the market environment.
 
3 explore the establishment of a negative inventory management mode.Learn from international rules on foreign investment in national treatment before trial access to study and formulate pilot area national treatment to foreign investment inconsistent with the negative list,the reform of foreign investment management mode.Negative list for areas outside,in accordance with the principle of consistency within the foreign investment,foreign investment projects will be replaced by the approval system filing system ( the State Council approved the domestic investment projects retained except ),by the Shanghai Municipal responsible for ; foreign invested enterprise contract charter approved by the Shanghai Municipal responsible for record management changed,the record according to the relevant provisions of the relevant procedures ; business registration and business registration system reform of convergence,and gradually optimize registration process ; improve the national security review system,piloted in the test area involving foreign national security review,build safe and efficient open economy.In conclusion,on the basis of pilot experience,and gradually form with international standards for foreign investment management system.
 
4 build foreign investment promotion system services.Reform of foreign investment management,start-up enterprises to foreign investment in the record management system based on the implementation of foreign investment projects general filing system,by the Shanghai Municipal responsible for record management,improve the level of foreign investment facilitation.Innovation and investment services to promote mechanisms to strengthen foreign investment after the management and services,monitoring the formation of multi-sectoral information sharing platform,improve foreign direct investment statistics and inspection work.Support the test area all types of investors in various forms of foreign investment.In the test area to encourage the establishment of specialized companies overseas equity investment projects,support qualified investor establishes a foreign investment fund investments mother.
 
( Three ) to promote trade development mode.
 
5.Promote trade transformation and upgrading.Actively cultivate new format and function of trade,the formation of technology,brand,quality and service at the core of foreign trade new competitive advantages,accelerate the upgrading of China in the global trade value chain position.Encourage multinational companies to set up regional headquarters,to create an integrated trade,logistics,billing and other functions of an operational center.Deepening international trade settlement pilot center to expand cross-border trade in services dedicated account payment and financing capabilities.Businesses in the region to support the development of pilot offshore business.Encourage enterprises to carry out co-ordinate domestic and international trade,to achieve integrated development of domestic and foreign trade.In the test area to explore the establishment of international commodity trading and resource allocation platform to carry out energy products,basic industrial raw materials and agricultural commodities in international trade.Expand perfect futures bonded delivery pilot,expanding warehouse receipt pledge financing and other functions.Accelerate foreign trade in culture bases.Promote bio-medicine,software information,management consulting,data services and other outsourcing business development.Allow and support a variety of financial leasing companies established in the pilot project area to carry out domestic and foreign subsidiaries and leasing services.Encourage the establishment of third-party inspection and appraisal institutions,in accordance with international standards admissible their test results.Piloting of domestic and foreign high-tech,high value-added service business.Accelerating the development of cross-border e-commerce services,pilot establish corresponding customs supervision,inspection and quarantine,tax,cross-border payments,logistics and other support systems.
 
6 levels to enhance the international shipping services.Active play Waigaoqiao port,Yangshan Deepwater Port and Pudong International Airport hub linkage effects,explore the formation of an internationally competitive shipping development system and mode of operation.Positive development of shipping finance,international shipping,international ship management,international shipping brokers and other industries.Accelerate the development of shipping freight index derivatives trading business.Promote business development set to fight transit,allowing Chinese companies owned or controlled by a non- owned five-star flag ship,a pilot in the country of import and export containers between coastal ports and coastal Shanghai incidentally business.Pudong Airport to increase international support for transit cargo flights.Shanghai regional advantages into full play,the use of Chinese-funded "flags of convenience " ship tax incentives to promote qualified registered ship settled in Shanghai.In the pilot area to implement the pilot in Tianjin international ship registration policy.Simplify international shipping operators licensing process,the formation of high-efficiency flag registration system.
 
( Four ) to deepen the financial sector open innovation.
 
7.Accelerate financial system innovation.Under the premise of risk control,you can test area on the RMB capital account convertibility,financial market interest rate market,the RMB cross-border use,etc.to create the conditions for a pilot.In the test area to achieve the asset side of financial institutions to implement market-oriented pricing price.Explore facing the international foreign exchange management reform,the establishment of free trade with the test area to adapt foreign exchange management system,a comprehensive trade and investment facilitation.Encourage enterprises to make full use of domestic and foreign two resources and two markets to achieve the liberalization of cross-border financing.Deepening debt management reform,and promote cross-border financing facilitation.Deepening the headquarters of multinational companies operating foreign exchange funds centralized management pilot,and promote the establishment of regional or global multinational fund management center.Establishment of financial reform and innovation pilot area and the construction of Shanghai international financial center linkage mechanism.
 
8 Enhanced financial services.Promoting financial services sector to meet the requirements of private capital and foreign financial institutions fully opened to support the establishment of foreign banks in the test area and joint venture banks.In the test area to allow the financial markets to establish internationally oriented trading platform.Gradually allow foreign enterprises to participate in commodity futures trading.Encourage financial market product innovation.Support hosted equity trading institutions established in the experimental area of integrated financial services platform.Support the implementation of cross-border RMB reinsurance business,foster the development of the reinsurance market.
 
( Five ) improve the legal system to protect the field.
 
9.Improve legal protection.Accelerate the formation of pilot area development needs meet the high standards of investment and trade rules system.For the pilot content,you need to stop the implementation of the administrative regulations and State Department documents some of the provisions,according to the prescribed procedures.Among them,the National People's Congress Standing Committee authorized temporarily adjust the "PRC Foreign Enterprise Law "," Foreign Equity Joint Ventures Law" and the "PRC CJV Law" the relevant provisions of administrative examination and approval,since October 1,2013 within three years from the trial.All departments must support the test area in the service sector expanding opening up,the implementation of national treatment before admission and negative inventory management mode deepening reform pilot and timely solutions to the pilot process system security issues.Shanghai through local legislation,the establishment of the pilot test area suited to the requirements management system.
 
Third,create the appropriate regulatory environment and tax regime
 
Adapt to high levels of investment and establishment of international trade service system needs,innovative regulatory approach to promote the test area of goods,services and other kinds of free movement of factors,and promote trade in goods and services expand opening -depth development,the formation of an open and transparent system of management.Meanwhile,in the maintenance of the current tax system fair,consistent,standardized under the premise of function-oriented to nurture and improve related policies.
 
( A ) innovative regulatory service model.
 
1.Promote the implementation of "first-line release." Allowing enterprises with import manifest the goods directly into the area,and then with import cargo record to the competent customs declaration formalities,discover simplify entry and exit registration lists,simplifying international transit,set to fight and distribution and other business entry and exit formalities ; implement " entry quarantine,import and export inspection appropriate to relax "mode,innovative regulatory techniques and methods.Explore build relatively independent of trade facilitation and regional trade in goods mainly to expand service areas open trade area based services.In ensuring the effective supervision of the premise,explore the establishment of the status of goods classification regulation mode.Deepen the function expansion,in the strict implementation of import and export tax policy under the premise of allowing the establishment of bonded display in a particular region trading platform.
 
2 resolutely implement the " second tube to live safely and efficiently." Optimization bayonet management,enhance electronic information networking,through inbound and outbound inventory comparison,book management,card ammunition cargo verification,and risk analysis to strengthen supervision and promote regulatory model with first-line second-tier regulatory model of convergence,implementation of the " easy access,strict precautions quality and safety risk " inspection and quarantine supervision mode.Strengthen the management of electronic records,pushing the experimental area at all special customs supervision of goods between the regions and the inter-related areas and convenient flow.Test zone enterprises in principle subject to geographical restrictions,you can go outside the district to reinvest or to conduct business,if the special requirements for the relevant procedures,should follow the special regulations.Promoting enterprise operational information and monitoring system docking.Through risk monitoring,third-party management,margin requirements and other ways to exercise effective supervision,give full play to the role of the credit system construction in Shanghai,accelerate the formation of enterprise business integrity management system and business activities exclusive jurisdiction.
 
3 further strengthen regulatory cooperation.In order to safeguard national security and the principle of fair competition in the market,the relevant departments to strengthen collaboration with the Shanghai government to improve the maintenance of economic and social security services support capabilities.Test area with the State Council departments strictly enforce antitrust review of business concentration.Strengthen customs,quality inspection,industry and commerce,taxation,foreign exchange management department collaboration.Accelerate the improvement of integrated regulatory approach,promoting the formation of a unified and efficient port regulatory agencies.Explore the pilot area unified electronic fence management,establishing risk control customs regulatory mechanism.
 
( Two ) to explore and test area matching tax policy.
 
4 implementing tax policies to promote investment.Registered in the experimental area of the enterprise or individual shareholders,because of non-monetary assets of foreign investment,asset restructuring actions arising from the revaluation of assets,can not exceed the period of five years,subject to income tax installments.Businesses in the region to share the test or other form of equity investment proportion of high-end talent and give businesses incentives shortage of talent,the implementation of pilot areas in Zhongguancun and other equity incentive policy of personal income tax by installments.
 
5.Implementing tax policies to promote trade.The test zone finance leasing companies registered or financial leasing companies established in the test area project subsidiaries included in finance lease export tax rebate pilot.The test area or registered domestic leasing company leasing company established a subsidiary project,approved by the state departments purchase from abroad in more than 25 tons deadweight and leased aircraft used for domestic airlines,enjoy the relevant preferential import VAT policy.Located in the test area for production,processing,and by the "second line " of the goods sold to the mainland levied the import VAT and consumption tax.According to enterprise applications,try the domestic goods imported materials or their corresponding actual inspection by state tariff policy.Under the current policy framework,the test production in the region and producer services business enterprises import the required machinery,equipment and other goods shall be duty-free,but the life of service and other enterprises imported goods as well as legal,administrative regulations and relevant regulations are not clear I duty-free goods excluded.Improve the pilot port of departure tax rebate policy,timely study the expansion of shipment,the carrier transport and other enterprises and scope of the pilot.
 
In addition,in line with the direction of tax reform and international practice,as well as the transfer of profits and the tax base does not lead to erosion of the premise,and actively study and perfect adaptation overseas equity investment and business development in offshore tax policy.
 
Fourth,do a good job organizing the implementation of
 
Overall leadership and coordination of the State Council to promote the work test area.Shanghai to be carefully organized and implemented,improve the working mechanism,implementation of work responsibilities,according to the "program" a clear goal orientation and a pilot task,in accordance with a "mature can do first,and then gradually improve " requirement,the formation of specific operational plans,Speeding up the implementation,and in advancing the process seriously study new situations and solve new problems,major problems should be promptly reported to the State Council to consult.All relevant departments should support and actively carry out coordination,guidance assessments,etc.,to jointly promote the relevant institutional mechanisms and policy innovation,the pilot area,good management is good.
 
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