Regulations of China (Tianjin) Pilot Free Trade Zone（1/4）
- November 16, 2017
- Posted by: Yolandy
- Category: Policy
Chapter I General Provisions
Article 1 For purposes of promoting and guaranteeing the construction of China (Tianjin) Pilot Free Trade Zone, this Regulation is developed in accordance with the relevant laws, administrative regulations and the Framework Plan for China (Tianjin) Pilot Free Trade Zone approved by the State Council, and in light of the actual circumstances of Tianjin.
Article 2 For the purpose of this Regulation, “China (Tianjin) Pilot Free Trade Zone” means the pilot free trade zone established in Tianjin with the approval of the State Council (hereinafter referred to as “TJFTZ”).
Article 3 TJFTZ shall center on institutional innovation, accelerate the transformation of government functions, expand the opening-up of investment fields, promote trade transformation and upgrading, deepen the opening-up and innovation of the financial field, and establish an institutional framework and supervision mode consistent with international trade and investment rules.
Article 4 TJFTZ shall be built into a free trade zone featuring free trade, convenient investment, clustered high-end industries, complete financial services, standard legal environment, efficient and convenient supervision, and remarkable radiation and driving effects, and play an exemplary and leading role in the coordinated development of Beijing-Tianjin-Hebei and economic transformation and development.
Article 5 TJFTZ shall encourage innovation, tolerate failure, protect the initiative and enthusiasm of institutional innovation, and create an environment of independent reform and active progress.
Chapter II Management System
Article 6 TJFTZ shall establish an administrative management system featuring specific power and responsibilities, efficient management, information disclosure and coordinated operation.
Article 7 The leading group for promoting work in China (Tianjin) Pilot Free Trade Zone shall be responsible for leading the overall reform in TJFTZ, conducting research and deciding on major matters on reform in TJFTZ.
Article 8 China (Tianjin) Pilot Free Trade Zone Administration (hereinafter referred to as the “TJFTZ Administration”) shall perform the following functions:
(1) Promoting the implementation of the Framework Plan for China (Tianjin) Pilot Free Trade Zone and all reform and innovation measures.
(2) Organizing research on policies and measures on deepening reform and innovations in TJFTZ.
(3) Summarizing and assessing reform and innovation experience formed in TJFTZ and offering replicable and widely applicable innovation results and suggestions.
(4) Coordinating, conducting research on and resolving difficult issues and problems in the reform and innovation of TJFTZ.
(5) Organizing and publicizing policies on the reform, innovation and development of TJFTZ, and issuing important information on TJFTZ.
(6) Other functions granted by the Municipal People’s Government.
Article 9 Tianjin Dongjiang Free Trade Port Administration, Tianjin Port Free Trade Zone Administration and the CBD Administration of Tianjin Binhai New Area shall exercise the management functions of corresponding areas in TJFTZ, and assume corresponding management responsibilities.
Article 10 The Municipal People’s Government and its relevant departments shall, based on the requirements for reformation and innovation in TJFTZ,
lawfully delegate to TJFTZ the municipal economic management power and other management power determined by the Municipal People’s Government.
Article 11 TJFTZ shall publish the administrative licensing catalogue prescribed and implemented by laws and regulations, unify the standards and procedures for handling administrative licensing matters, and simplify the handling process.
All areas of TJFTZ shall implement the rules for relatively centralized administrative licensing power, and uniformly exercise the relevant administrative licensing power in accordance with the law.
Article 12 TJFTZ shall perform administrative supervision and administration functions in accordance with the law, establish the administrative supervision and administration system commensurate with TJFTZ, and strengthen interim and ex post supervision.
All areas of TJFTZ shall implement the rules for relatively centralized administrative licensing power, and uniformly exercise the relevant administrative penalty power in accordance with the law.
Article 13 TJFTZ shall establish a risk prevention, control and early warning system, improve emergency response plans and a handling mechanism, and ensure that reform experiments are reasonable and controllable.
Article 14 The working bodies of customs, inspection and quarantine, maritime, border inspection, finance, tax, public security, post and other departments based at TJFTZ shall perform the relevant administrative management functions in accordance with the law, implement the policies and measures relating to TJFTZ, and support the reform and innovation of TJFTZ.
Article 15 The relevant departments of the municipal people’s government, the Binhai New Area and other relevant districts and county people’s governments shall support reform and innovation in TJFTZ, and assume other relevant administrative management functions in TJFTZ.
Chapter III Investment and Opening up
Article 16 TJFTZ shall expand opening up to the outside world in financial services, shipping services, commercial and trade services, professional services, cultural services, social services, and other modern service industries, equipment manufacturing, new-generation information technology and other advanced manufacturing industries, and gradually reduce or cancel the access limit of domestic and foreign investment.
Multinational companies are encouraged to form regional headquarters, research and development centers, sales centers, logistics centers and settlement centers in TJFTZ.
Article 17 TJFTZ shall implement the pre-access national treatment and negative list management mode for foreign investors. For the fields outside the negative list, foreign-funded projects shall be subject to recordation management under the principle of equal treatment to both domestic and foreign investors, unless the confirmation of domestic investment projects is retained in accordance with the provisions of the State Council, and the licensing of the formation and modification of foreign-funded enterprises shall be subject to recordation management. Explorations shall be made in implementing the rules on the reporting of information on the formation and modification of foreign-funded enterprises.
Article 18 A market participant registered and formed in TJFTZ may reinvest or conduct business outside TJFTZ, and shall undergo the relevant formalities according to the relevant provisions if special provisions of the state so require.
Article 19 TJFTZ shall simplify the procedures for enterprise name registration. Except for those involving pre-approval items or except that the authority approving the enterprise name and the authority registering the enterprise formation are not the same one, enterprise names shall no longer be subject to pre-approval, and the independent declaration of enterprise name shall be implemented.
Enterprise registration authorities shall open the enterprise name database, and establish an inquiry and comparison system for enterprise name application. An applicant may independently make an application after it independently logs on the inquiry and comparison system and affirms that the enterprise name to be used by it does not violate the rules for the registration of enterprise names, and the applicant shall assume corresponding legal liability for the name it applies for. The registration authority shall deny the registration of an enterprise name in violation of the rules for the registration of enterprise name; and for a registered inappropriate name, the registration authority shall have the right to make correction, and replace it with the uniform social credit code.
Article 20 Professional service providers and institutions of foreign nationalities and Hong Kong, Macao and Taiwan that have obtained the international qualification are encouraged to conduct the relevant business in TJFTZ in accordance with the relevant provisions of the state.