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Trademark Law of the People’s Republic of China

December 04 2017

Chapter l General ProvisionsArticle 1 This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use trademarks, and of encouraging producers and operators to guarantee the quality of their goods and services and maintaining the reputation of their trademarks, with a view to protecting the interests of consumers, producers and operators and to promoting the development of the socialist market economy.Article 2 The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country.The Trademark Review and Adjudication Board, established under the administrative authority for industry and commerce under the State Council, shall be responsible for handling matters of trademark disputes.Article 3 Registered trademarks mean trademarks that have been approved and registered by the Trademark Office, including trademarks, service marks, collective marks and certification marks; the trademark registrants shall enjoy the exclusive right to use the trademarks, and be protected by law.Said collective marks mean sings which are registered in the name of bodies, associations or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.Said certification marks mean signs which are controlled by organizations capable of supervising some goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.Regulations for the particular matters of registration and administration of collective and certification marks shall be established by the administrative authority for industry and commerce under the State Council.Article 4 Any natural person, legal entity or other organization intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by it or him, shall file an application for the registration of the trademark with the Trademark Office. Any natural person, legal entity or other organization intending to acquire the exclusive right to use a service mark for the service provided by it or him, shall file an application for the registration of the service mark with the Trademark Office.The provisions set forth in this Law concerning trademarks shall apply to service marks.Article 5 Two or more natural persons, legal entities or other organizations may jointly file an application for the registration for the same trademark with the Trademark Office, and jointly enjoy and exercise the exclusive right to use the trademark.Article 6 As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be marketed.Article 7 Any user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, stop any practice that deceives consumers.Article 8 In respect of any visual sign capable of distinguishing the goods or service of one natural person, legal entity or any other organization from that of others, including any word, design, letters of an alphabet, numerals, three-dimensional symbol, combinations of colours, and their combination, an application may be filed for registration.Article 9 Any trademark in respect of which an application for registration is filed shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person.A trademark registrant has the right to use the words of "registered trademark" or a symbol to indicate that his trademark is registered.Article 10 The following signs shall not be used as trademarks:(1) those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People's Republic of China, with names of the places where the Central and State organs are located, or with the names and designs of landmark buildings;(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that the foreign state government agrees otherwise on the use;(3) those identical with or similar to the names, flags or emblems or names, of international intergovernmental organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;(4) those identical with or similar to official signs and hallmarks, showing official control or warranty by them, except that the use thereof is otherwise authorized;(5) those identical with or simi1ar to the symbols, or names, of the Red Cross or the Red Crescent;(6) those having the nature of discrimination against any nationality;(7) those having the nature of exaggeration and fraud in advertising goods; and(8) those detrimental to socialist morals or customs, or having other unhealthy influences.The geographical names as the administrative divisions at or above the county level and the foreign geographical names well known to the public shall not be used as trademarks, but such geographical terms as have otherwise meanings or are a part of collective marks/or a certification marks shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.Article 11 The following signs shall not be registered as trademarks:(1) those only comprising generic names, designs or models of the goods in respect of which the trademarks are used; -(2) those having direct reference to the quality, main raw materials, function, use, weight, quantity or other features of the goods in respect of which the trademarks are used; and(3) those lacking distinctive features.The signs under the preceding paragraphs may be registered as trademarks where they have acquired the distinctive features through use and become readily identifiable.Article 12 Where an application is filed for registration of a three-dimensional sign as a trademark, any shape derived from the goods itself, required for obtaining the technical effect, or giving the goods substantive value, shall not be registered.Article 13 Where a trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of another person's trademark not registered in China and likely to cause confusion, it shall be rejected for registration and prohibited from use.Where a trademark in respect of which the application for registration is filed fdr use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the pub1ic and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use.Article 14 Account shall be taken of the fol1owing factors in establishment of a well-known mark:(l) reputation of the mark to the relevant public;(2) time for continued use of the mark;(3) consecutive time, extent and geographical area of advertisement of the mark;(4) records of protection of the mark as a well-known mark; and(5) any other factors relevant to the reputation of the mark.Article 15 Where any agent or representative registers, in its or his own name, the trademark of a person for whom it or he acts as the agent or representative without authorization therefrom, and the latter raises opposition, the trademark shall be rejected for registration and prohibited from use.Article 16 Where a trademark contains a geographic indication of the goods in respect of which the trademark is used, the goods is not from the region indicated therein and it misleads the public, it shall be rejected for registration and prohibited from use; however, any trademark that has been registered in good faith shall remain valid.The geographic indications mentioned in the preceding paragraph refer to the signs that signify the place of origin of the goods in respect of which the signs are used, their specific quality, reputation or other features as mainly decided by the natural or cultural factors of the regions.Article 17 Any foreign person or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of reciprocity.Article 18 Any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters conceming a trademark in China sha1l appoint any of such organizations as designated by the State to act as its or his agent.Chapter II AppIication for Trademark RegistrationArticle 19 An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.Article 20 Where any applicant for registration of a trademark intends to use the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.Article 21 Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.Article 22 Where the sign of a registered trademark is to be altered, a new registration shall be applied for.Article 23 Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.Article 24 Any aPp1icant for the registration of a trademark who files an application for registration of the same trademark for identica1 goods in China within six months from the date of filing the first application for the trademark registration overseas may enjoy the right of priority in accordance with any agreement concluded between the People's Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle whereby each acknowledges the right of priority of the other.Anyone claiming the right of priority according to the preceding paragraph shall make a statement in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority.Article 25 Where a trademark is first used for goods in an international exhibition on sponsored or recognized by me Chinese Government, the applicant for the registration of the trademark may enjoy the right of priority within six months from the date of exhibition of the goods.Anyone claiming the right of priority according to the preceding paragraph shall make a claim in writing when it or he files the application for the registration of the trademark, and submit, within three months, documents showing the title of the exhibition in which its or his goods was displayed, proof that the trademark was used for the goods exhibited, and the date of exhibition; where the claim is not made in writing, or the proof documents not submitted within the time limit, the claim shall be deemed not to have been made for the right of priority.Article 26 The matters reported and materials submitted in the application for trademark registration shall be true, accurate and complete.Chapter lII Examination for and ApprovaI of Trademark RegistrationArticle 27 Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.Article 28 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.Article 29 Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.Article 30 Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed after the expiration of the time limit from the publication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.Article 31 An application for the registration of a trademark shall not create any prejudice to the prior right of another person, nor unfair means be used to pre-emptively register the trademark of some reputation another person has used.Article 32 Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notice, file an application with the Trademark Review and Adjudication Board for a review. The Trademark Review and Adjudication Board shall make a decision and notify 'the applicant in writing.Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board may, within thirty days from receipt of the notice, institute legal proceedings in the People's Court.Article 33 Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and applicant state facts and grounds, and shall, after investigation and verification, make a decision. Where any party is dissatisfied, it or he may within fifteen days from receipt of the notification, apply for a reexamination, and the Trademark Review and Adjudication Board shall make a decision and notify both the opponent and applicant in writing.Any interested party who is not satisfied with the decision made by the Trademark Review and Adjudication Board within thirty days from the date of receipt of the notice, may institute legal proceedings in the People's Court. The People's Court shall notify the other party to the trademark reexamination proceeding to be a third party to the litigation.Article 34 Where the interested party does not, within the statutory time limit, apply for the reexamination of the adjudication by the Trademark Office or does not institute legal proceedings in respect of the ad judication by the Trademark Review and Ad judication Board, the adjudication takes effect.Where the opposition cannot be established upon ad judication, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published; where the opposition is established upon adjudication, the registration shall not be approved.Where the opposition cannot be established upon ad judication, but the registration is approved, the time of the exclusive right the trademark registration applicant has obtained to use the trademark is counted from the date on which the three months expires from the publication of the preliminary examination.Article 35 Any application for trademark registration and trademark reexamination shall be examined in due course.Article 36 Where any trademark registration applicant or registrant finds any obvious errors in the trademark registration documents or application documents, it or he may apply for correction thereof The Trademark Office shall ex officio make the correction according to law and notify the interested party of the correction.The error correction mentioned in the preceding paragraph shall not relate to the substance of the trademark registration documents or application documents.Chapter IV RenewaI, Assignment and Licensing of Registered TrademarksArticle 37 The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.Article 38 Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration the grace period, the registered trademark shall be cancelled.The period of validity of each renewal of registration shaIl be ten years.Any renewa1 of registration shall be published after it as been approved.Article 39 Where a registered trademark is assigned, the assignor and assignee shall conclude a contract for the assignment, and jointly file an application with the trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.The assignment of a registered trademark shall be published after it has been approved, and the assignee enjoys the exclusive right to use the trademark from the date of publication.Article 40 Any trademark registrant may, by signing a trademark license contf8ct, authorize other persons to use his registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered Trademark is used.Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark.The trademark license contract shall be submitted to the Trademark Office for record.Chapter V Adjudication of Disputes Concerning Registered TrademarksArticle 41 Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Ad judication Board to make an adjudication to cancel such a registered trademark.Where a registered trademark stands in violation of the provisions of Articles l3, l5, l6 and 3l of this Law, any other trademark owner concerned or interested party may, within five years from the date of the registration of the trademark, file a request with the Trademark Review and Adjudication Board for adjudication to cancel the registered trademark. Where a well-known mark is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation.In addition to those cases as provided for in the preceding two paragraphs, any person disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the interested parties and request them to respond with arguments within a specified period.Article 42 Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.Article 43 After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a registered trademark, it shall notify the interested parties of the same in writing.Any interested party who is dissatisfied with the adjudication made by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court. The People's Court shall notify the other party of the trademark adjudication proceeding to be a third party to the legal proceedings.Chapter Vl Administration of the Use of TrademarksArticle 44 Where any person who uses a registered trademark has committed any of the following, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:(1) where a registered trademark is altered unilaterally (that is, without the required registration);(2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application ),(3) where the registered trademark is assigned unilaterally (that is, without the required approval); or(4) where the use of the registered trademark has ceased for three consecutive years.Article 45 Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.Article 46 Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.Article 47 Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine.Article 48 Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:(1) where the trademark is falsely represented as registered;(2) where any provision of Article 10 of this Law is violated; or(3) where the manufacture is of rough or poor quality, or where superior quality is replaced by inferior quality, so that 'consumers are deceived.Article 49 Any party dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.Any interested party dissatisfied with the decision by the Trademark Review and Adjudication Board may, within thirty days from the date of receipt of the notice, institute legal proceedings in the People's Court.Article 50 Any party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, institute legal proceedings with the People's Court. If there have been instituted no legal proceedings or made no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the People's Court for compulsory execution thereof.Chapter VlI Protection of the ExcIusive Rights to Use Registered TrademarksArticle 51 The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.Article 52 Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:(1) to use a trademark that is identical with or similar to a registered trademark in respect of the identical or similar goods without the authorization from the trademark registrant;(2) to sell goods that he knows bear a counterfeited registered trademark;(3) to counterfeit, or to make, without authorization, representations of a registered trademark of another person, or to sell such representations of a registered trademark as were counterfeited, or made without authorization;(4) to replace, without the consent of the trademark registrant, its or his registered trademark and market again the goods bearing the replaced trademark; or(5) to cause, in other respects, prejudice to the exclusive right of another person to use a registered trademark.Article 53 Where any party has committed any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this Law and has caused a dispute, the interested parties shall resolve the dispute through consultation; where they are reluctant to resolve the matter through consultation or the consultation fails, the trademark registrant or interested party may institute legal proceedings in the People's Court or request the administrative authority for industry and commerce for actions. Where it is established that the infringing act is constituted in its handling the matter, the administrative authority for industry and commerce handling the matter shall order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and tools specially used for the manufacture of the infringing goods and for counterfeiting the representations of the registered trademark, and impose a fine. Where any interested party is dissatisfied with decision on handling the matter, it or he may, within fifteen days from the date of receipt of the notice, institute legal proceedings in the People's Courtaccording to the Administrative Procedure Law of the People's Republic of China. If there have been instituted no legal proceedings or made on performance of the decision at the expiration of the said period, the administrative authority for industry and commerce shall request the People's Court for compulsory execution thereof. The administrative authority for industry and commerce handling the matter may, upon the request of the interested party, medicate on the amount of compensation for the infringement of the exclusive right to use the trademark; where the medication fails, the interested party may institute legal proceedings in the People's Court according to the Civil Procedure Law of the People's Republic of China.Article 54 The administrative authority for industry and commerce has the power to investigate and handle any act of infringement of the exclusive right to use a registered trademark according to law; where the case is so serious as to constitute a crime, it shall be transferred to the judicial authority for handling.Article 55 When investigating and handling an act suspected of infringement of a registered trademark, the administrative authority for industry and commerce at or above the county level may, according to the obtained evidence of the suspected violation of law or informed offence, exercise the following functions and authorities:(1 ) to inquire of the interested parties involved, and to investigate the relevant events of the infringement of the exclusive right to use the trademark;(2) to read and make copy of the contract, receipts, account books and other relevant materials of the interested parties relating to the infringement;(3) to inspect the site where the interested party committed the alleged infringement of the exclusive right to use the trademark; and(4) to inspect any articles relevant to the infringement; any articles that prove to have been used for the infringement of another person's exclusive right to use the trademark may be sealed up or seized.When the administrative authority for industry and commerce exercises the preceding functions and authorities, the interested party shall cooperate and help, and shall not refuse to do so or stand in the way.Article 56 The amount of damages shall be the profit that the infringer has earned because of the infringement in the period of the infringement or the injury that the infringee has suffered from the infringement in the period of the infringement, including the appropriate expenses of the infringee for stopping the infringement.Where it is difficult to determine the profit that the infringer has earned because of the infringement in the period of the infringement or the injury that the infringee has suffered from the infringement in the period of the infringement, the People's Court shall impose an amount of damages of no more than RMB 500, 000 yuan according to the circumstances of the infringement.Anyone who sells a goods that it or he does not know has infringed the exclusive right to use a registered trademark, and is able to prove that it or he has obtained the goods legitimately and indicates the supplier thereof shall not bear the liability for damages.Article 57 Where a trademark registrant or interested party who has evidence to show that another person is committing or will commit an infringement of the right to use its or his registered trademark, and that failure to promptly stop the infringement will cause irreparable damages to its or his legitimate rights and interests, it or he may file an application with the People's Court to order cessation of the relevant act and to take measures for property preservation before instituting legal proceedings in the People's Court.The People's Court handling the application under the preceding paragraph shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China.Article 58 In order to stop an infringing act, any trademark registrant or interested party may file an application with the People's Court for preservation of the evidence before instituting legal proceedings in the People's Court where the evidence will possibly be destroyed or lost or difficult to be obtained again in the future. The People's Court must make adjudication within forty-eight hours after receipt of the application; where it is decided to take the preservative measures, the measures shall be executed immediately. The People's Court may order the applicant to place guaranty; where the applicant fails to place the guaranty, the application shall be rejected.Where the applicant institutes no legal proceedings within fifteen days after the People's Court takes the preservative measures, the People's Court shall release the measures taken for the preservation.Article 59 Where any party uses, without the authorization from the trademark registrant, a trademark identical with a registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another person, or sells such representations of a registered trademark as were counterfeited, or made without authorization, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.Where any party sells goods that he knows bear a counterfeited registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.Article 60 The State functionaries for the registration, administration and reexamination of trademarks must handle cases according to law, be incorruptible and disciplined, devoted to their duties and courteous and honest in their provision of service.The State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and those working for the registration, administration and reexamination of trademarks shall not practice as trademark agent and engage in any activity to manufacture and market goods.Article 61 The administrative authority for industry and commerce shall establish and amplify its internal supervision system to supervise and inspect the State functionaries for the registration, administration and reexamination of trademarks in their implementation of the laws and administrative regulations and in their observation of the discipline.Article 62 Where any State functionary for the registration, administration and reexamination of trademarks neglects his duty, abuses his power, engages in malpractice for personal gain, handles the registration, administration and reexamination of trademarks in violation of law, accepts money or material wealth from any interested party or seeks illicit interest, which constitutes a crime, he or she shall be prosecuted for his or her criminal liabi1ity. If the case is not serious enough to constitute a crime, he or she shall be given disciplinary sanction according to law.Chapter VIII Supplementary ProvisionsArticle 63 Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fees as prescribed. The schedule of fees shall be prescribed separately.ArticIe 64 This Law shall enter into force on March l, l983. The "Regulations Governing Trademarks" promulgated by the State Council on April l0, l963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the same time.Trademarks registered before this Law enters into force shall continue to be valid.

Our District Signs a Cooperation Agreement with China Resources Gas in Hong Kong

December 04 2017

In order to further accelerate the building of Liaoning Pilot Free Trade Zone and bring in an institutional innovation that leaned on projects to drive market orientation, our district sent an economic and trade delegation with Secretary Liu Aimin as the director to Hong Kong for investment promotion. April 18, the Delegation met the management of China Resources Gas in Hong Kong and signed an agreement on the establishment of a joint-venture electric power company and the participation in the investment of shares for the Natural Gas Company.As a wholly-owned subsidiary and a flagship listed company in HK of China Resources, China Resources Gas was established in 2007 and is one of the biggest urban gas operators in China.The meeting was aimed to further strengthen cooperation between the two parties, improve the development and construction of gas market in our district, effectively reduce the cost of electricity of the enterprises in our district and solve the “last mile” problem of matched power for major projects.After the talks, the two parties had reached an agreement, and our district would work with China Resources Gas and China Resources Power to set up an electric power sales company and buy into China Resources Gas (DFTZ) Co., Ltd.The establishment of the electric power sales company and the gas company will help to effectively reduce the costs of electricity and gas of the enterprises in our district, provide production factors with more favorable prices to them and enhance their market competitiveness.During the meeting, the Delegation also briefed China Resources Gas on the various innovative initiatives DFTZ (Dalian Free Trade Zone) had carried out in the building of the Pilot Free Trade Zone, as well as the promotion of relevant key projects.The responsible person with China Resources Gas said they would further use the policy functions of the Pilot Free Trade Zone and increase the investment in DFTZ. Also, they’d like to introduce the good policies to other sectors of China Resources and attract more China Resources enterprises to do business in DFTZ.

Innovative policies and special measures for inspection, quarantine and custom clearance

November 17 2017

1.To improve the custom clearance efficiency in Nansha New Zone1.1To introduce innovative supervision mode on custom clearance Huge efforts will be made to improve the supervision mechanism on the inspection of import and export goods with focus on strengthened risk management, and explore a new supervision mode on custom clearance, with effective measures on tight supervision for high-risk goods and expedited custom clearance for low-risk goods. Administration of Quality Supervision, Inspection and Quarantine (AQSIQ for short) will continue to implement the direct release and green channel system and offer greater support to export enterprises in Nansha New Zone, thus enhancing the custom clearance efficiency in Nansha New Zone.1.2Strengthened cooperation with port authorities from Hong Kong and Macao AQSIQ will carefully review the tested experience and best practices concerning the inspection and quarantine system for foods and agricultural products ready to be exported to Hong Kong and Macao, strengthen cooperation with port authorities and other stakeholders from Hong Kong and Macao, with special focus on the introduction of RFID and other advanced technologies in the custom clearance process. The purpose is to improve the traceability tracking platform for foods and agricultural products ready to be exported to Hong Kong and Macao, and expedite the handling of custom clearance among Guangdong, Hong Kong and Macao.1.3 To speed up the development of credibility system AQSIQ will further advance the development of credibility system for foreign trade enterprises, reward and punishment system on product quality and the blacklist for non-complying enterprises. AQSIQ will provide greater support to inspection and quarantine authorities in Nansha New Zone to set up a uniformed credibility system, in an effort to create a level playing field environment and to promote the trustworthiness of foreign trade enterprises. In addition, AQSIQ will continue giving support to major export enterprises with excellent credibility record in Nansha New Zone, select more foreign trade enterprises to be awarded with top-class credibility rating, and offer expedited custom clearance and other convenience for these reputable and trustworthy foreign trade enterprises.1.4 To provide greater support on inspection and quarantine AQSIQ will continue to offer guidance and supervision to inspection and quarantine authorities in Nansha New Zone, with special focus on the promotion and publicity of inspection and quarantine policies. AQSIQ will promptly deal with burning issues related to inspection and quarantine procedures, so as to ensure the smooth operation of Nansha New Zone.1.5 To deepen reform on inspection and quarantine In line with the actual condition in Nansha New Zone, AQSIQ will actively carry out pilot reform on inspection and quarantine in Nansha, in an effort to work out an effective and efficient supervision mode on inspection and quarantine. The overall objective is to enhance the innovation capacity, service ability, and power of influence and international competiveness of Nansha New Zone, create an internationally compatible business environment and provide new impetus to further advance the development of Nansha New Zone.2.To support Nansha New Zone in development high-quality life circle among Guangdong, Hong Kong and Macao2.1 To strengthen quality and safety inspection for foods and agricultural products ready to be exported to Hong Kong and Macao AQSIQ will fully support Nansha’s initiative in setting up a demonstration zone for export-based foods and agricultural products, continue to advance the chemical residue monitoring program, surveillance and control system for animal and plant disease, the residual monitoring program for pesticides and veterinary drugs, as well as the overall product quality and safety system. AQSIQ will encourage enterprises in Nansha New Zone to undertake HACCP, GAP, p0ollution-free product certification, green product certification, organic food certification and other food safety related certifications, so as to enhance the food safety level of foods and agricultural products to be exported to Hong Kong and Macao.2.2 To increase the export of foods and agricultural products AQSIQ will further promote the agricultures with distinct Nansha feature and allow more agriculture businesses in Nansha to take part in the aquaculture base program for export-based agricultural products, with special support in areas of base size, management mode and other technical support. In addition, AQSIQ will provide support for exported agricultural products from Nansha to obtain hygienic registrations from foreign countries, as well as Hong Kong and Macao SAR governments. The goal is to increase the export of foods and agricultural products from Nansha New Zone, and to ensure the steady supply of foods and agricultural products to be exported to Hong Kong and Macao.2.3 To support the leisure and coastal tourism industry AQSIQ will fully support Nansha’s new drive to develop the leisure and coastal tourism industry, including the set-up of cruise home port and yacht-dedicated port. AQSIQ will take active measures to facilitate the smooth navigation and parking in Nansha New Zone for yachts from Hong Kong, Macao and other foreign countries, so as to make Nansha New Zone as a world-class center for leisure and tourism industry.3.To support Nansha New Zone in developing modern industrial system3.1 To promote the development of international convention and exhibition industry AQSIQ has issued a detailed policy to facilitate the development of international convention and exhibition industry in Guangdong (Reference no. 2012, 3), with focus on simplified inspection and quarantine approval and filing system for inbound and outbound exhibits. The AQSIQ will take innovative measures to strengthen supervision for the international convention and exhibition industry, allowing the flawless whole process supervision covering exhibits declaration, sampling inspection at designated warehouse and on-site supervision at the exhibition venues. In particular, AQSIQ will provide greater support to Nansha to develop local brands in the areas of high-end consumer goods, advanced equipment, yacht and marine industry.3.2 To support the development of international trading platforms for bulk commodityThe AQSIQ will fully support the development of international factor markets in Nansha New Zone, and provide policy and technical support in the establishment of international trading platforms for petrochemical products, cereal products and other bulk commodities.3.3 To facilitate the development of advanced manufacturing The AQSIQ will speed up the set-up of national key laboratories of mechanized equipment, semiconductor optoelectronic products and energy efficiency testing for energy-using products, and offer greater support to Nansha New Zone to become one of China’s industrial bases for complete technology and equipment, automobile manufacturing bases, modern marine engineering equipment manufacturing bases and new generation IT&T industrial bases. Many effective measures will be in place for the inspection and quarantine process, involving the key assemblies for major equipment, parts, instrument and equipment. And full course follow-up service will also be available covering the procurement of goods, custom clearance and installation and debugging within factories.3.4 To improve the service platforms for inspection and quarantine technologiesBy increasing investment on technology development, the AQSIQ will keep improving the service platforms for inspection and quarantine technologies, with special focus on the improvement of standard information, quality evaluation, technical training, technical support and other inspection related service, so as to provide sufficient enough technical support for Nansha New Zone in its drive to promote industrial upgrading and independent innovation.4.To support the development of international logistics hub in Nansha New Zone4.1 To support the further opening of Nansha New Zone The AQSIQ will fully support the major construction projects and their further opening to the outside world, including the phase three of container wharf in Nansha port, Nansha grain and general wharf, and CSSC Longxue shipbuilding base. In addition, the AQSIQ will support to enlarge the size of current vehicle import port to the entire Nansha Port, improve the inspection and quarantine working mode and encourage Nansha port to conduct procuring domestic goods for export.4.2 To promote information sharing The AQSIQ will strengthen communication and cooperation with transportation authorities with focus on information sharing and much improved convenience for foreign trade and logistics. Nansha New Zone will further advance the development of e-port, allowing all relevant governing units to access the content within the Clearance Sheet of Exit Cargo. Inspection and quarantine units in Nansha New Zone will be encouraged to engage in the e-port construction, so as to promote information sharing and enhance the informatization level for custom clearance service in ports within Nansha New Zone.4.3 To allow special supervision areas to play their active rolesThe AQSIQ will continue to optimize the inspection and quarantine management within Nansha bonded port area, thus improving the bonded logistics service performance. The AQSIQ will help further improve the modern bonded logistics system; in particular, the AQSIQ will provide favorable inspection and quarantine policies to support Nansha New Zone to carry out bonded warehousing, international transit, distribution, procurement, exhibition, leasing, maintenance and other bonded logistics related businesses. AQSIQ will support Nansha New Zone to set up a duty-free shopping area, enhancing the level for international commercial service.5.To strengthen regional cooperation and coordination5.1 To strengthen inspection and quarantine cooperation among Guangdong, Hong Kong and Macao By fully utilizing the cooperation platform of Health, Animal and Plant Quarantine and Food Safety Control Meeting among Guangdong, Hong Kong, Macao, Shenzhen and Zhuhai, the AQSIQ will strengthen cooperation with relevant governing authorities from Hong Kong and Macao, in areas of direct communication and technical cooperation. By steadily advancing the Framework Agreement on Guangdong-Hong Kong Cooperation, Framework Agreement on Guangdong-Macao Cooperation, the Pearl River Delta Development Plan as well as the Closer Economic Partnership Arrangement, the AQSIQ will spare no effort to enhance the competiveness level of the entire region.5.2 To strengthen cooperation among different port authorities The AQSIQ will work together with Hong Kong Health Department to implement the health inspection measures for small-type vessels travelling between Hong Kong and Pearl River Delta region, and ensure the standardized and scientific operation of health inspection for inbound and outbound vessels. The AQSIQ will also strengthen cooperation with health authorities from Hong Kong and Macao, particularly in areas of tropical infectious diseases surveillance, toxicity detection, port control and traceability research, in an effort to improve the early warning system for the outbreak of infectious diseases and the inter-regional mechanisms for joint prevention and control.5.3 To deepen regional inspection and quarantine cooperation The AQSIQ will further promote the inspection and quarantine cooperation within the Pearl River Delta region, so as to improve the fast and efficient coordination among different governing units in this region. The AQSIQ will also encourage Nansha Port to cooperate with Pan-PRD region in setting up dry ports in mainland of China. The pilot reform on inspection and quarantine taking place within the Nansha New Zone will be carefully reviewed, so as to promote the balanced and integrated regional development for the greater PRD region.6.To improve the inspection and quarantine service capacity and support capacity6.1 To improve the inspection and quarantine support capacity The AQSIQ will provide technical support to inspection and quarantine authorities in Nansha to carry out technical standard research in related to new energy, new materials and other key technologies, expedite the research and development on rapid detection methods, engage in the revision of international standards and enhance the technical level of scientific research. The AQSIQ will also provide greater support to Nansha New Zone in the establishment of inspection and quarantine laboratories. In line with the core areas as stipulated in the PRD Development Plan and the actual development need, the AQSIQ will help set up a batch of high-class state-level laboratories, in an effort to meet the actual inspection needs for major inbound and outbound goods in Nansha New Zone.6.2 To improve the efficiency of administrative service The AQSIQ will further promote the standardized operation of inspection and quarantine administrative service windows in Nansha New Zone, with passing rate reaching 100%, and major service windows should become the state-level demonstration windows. A 24-hour appointment system and a “5+2” mode will be introduced in Nansha New Zone. Nansha New Zone will be authorized to deal with exemption of mandatory product certification certificate and on-site health review for exported goods health record, as well as conditional handling of some administrative items, including the filing of the import of used mechanical and electronic products, inspection before shipment for the import of large complete sets of equipment, examination and approval for special biomedical materials and mandatory product certification certificate.6.3 To strengthen the institutional development of inspection and quarantine organizationsThe AQSIQ will fully support inspection and quarantine units in Nansha New Zone to enhance their service guarantee capacity, and provide favorable policies in areas of infrastructure development, law enforcement equipment and budgetary resources. The AQSIQ will work together with local government to communicate with governing authorities in the State Council, in setting up more inspection and quarantine units in Nansha with much enlarged workforce size. The AQSIQ will fully support the set-up of international travel health care center in Nansha, offering convenience for entry-exit personnel to undertake infectious disease surveillance, vaccination and health consultation service for international travelers.1.To support the custom clearance efficiency in Nansha Port Efforts will be made to improve the port supervision mode, and eligible processing enterprises of imported waste paper will be allowed to minimize the open-case inspection at the import port. And an inspection of cargo-worthiness mode featuring collective inspection and releasing in batch will be applied to the containers of perishable foods for export. In addition, a simplified collective inspection mode will be used on the export of aquatic animals. Once these aquatic animals are deemed meeting the inspection and quarantine requirement at the Nansha port, they can be released directly.The application threshold for a green-channel enterprise will be lowered from the original 5 million USD to 1 million USD in terms of annual export value, thus allowing more enterprises within Nansha New Zone to access inspection exemption of exported cargo and other custom clearance convenience.Efforts will be made to optimize the export classification management system, with focus on the development of evaluation system for export-oriented industrial products enterprises, so as to improve the efficiency of inspection and quarantine.Differentiated supervisory measures will be in place for export enterprises applying for expedited custom clearance in line of their rating of credibility, and high-integrity enterprises will be free from an open-case inspection. In addition, Guangdong will offer greater support to large-scale key enterprises and cultivate more enterprises with excellent credibility rating. Plus, each enterprise with excellent credibility rating will access custom clearance convenience that suits their actual needs, in terms of customs declaration, inspection and custom release.A pilot program on custom clearance for inbound and outbound goods will be introduced in Nansha New Zone, with focus on expedited custom clearance and integrated administrative service.2.To support Nansha New Zone in developing high-quality life circle among Guangdong, Hong Kong and MacaoGuangdong will supervise the effective implementation of Import and Export Food Safety Law, the Pesticide Residues in Food Regulation of Hong Kong and other food safety related laws and regulations, explore innovative food safety supervision mechanism for the imported foods. In addition, some food safety pilot programs, including imported food enterprise food safety personnel management system, food safety active reporting management system for imported food enterprises and the storage management system for imported foods at designated place or authorized locations, will be carried out in Nansha New Zone.Guangdong will help Nansha New Zone in setting up the quality and safety demonstration zone for the export-oriented aquatic animals, establish the animal and plant quarantine and pest monitoring system in Nansha New Zone, strengthen risk management and ensure the food safety for agricultural products to be exported into Hong Kong and Macao.By emphasizing the active role of certification system in the improvement of food safety level, Guangdong will encourage enterprises in Nansha New Zone to undertake HACCP, GAP, green product certification, organic food certification and other food safety related certifications, so as to enhance the food safety level of foods and agricultural products to be exported to Hong Kong and Macao.Guangdong will support enterprises within Nansha New Zone to apply for the inspection and quarantine registration of outbound aquatic animals, seedlings and fruits, help enterprises file a record of setting up production base for export foods, and recommend reputable enterprises to register themselves in foreign countries. The goal is to increase the export of foods and agricultural products from Nansha New Zone, and to ensure the steady supply of foods and agricultural products to be exported to Hong Kong and Macao.Guangdong will provide adequate technical support to export enterprises within Nansha New Zone, in areas of site selection, factory layout, workflow design and manpower training, and help enterprises establish a sound safety and sanitation management system and keep improving their quality control system.Guangdong will take telegraphic quarantine and other innovative measures on the declaration of the import and export of yachts, facilitating the smooth navigation and parking in Nansha New Zone for yachts from Hong Kong and Macao. Guangdong will support the establishment of an international cruise home-port in Nansha New Zone, and take innovative measures to facilitate the smooth custom clearance for the entry and exit of vessel.3.To support Nansha New Zone in accelerating the development of modern industrial systemGuangdong will facilitate the development of international convention and exhibition industry in Nansha New Zone, with focus on simplified inspection and quarantine approval and filing system for inbound and outbound exhibits, typically for exhibits involving mandatory product certification. The record filing can be exempted for battery, paint and other exhibits requiring record filing for imports, upon the presentation of Exhibition Participation Letter and letter of guarantee for original import goods to be transported out of China; Labeling in Chinese and sampling inspection will be exempted for prepackaged food, cosmetics and other exhibits that are allowed to be imported to China. Guangdong will provide convenient custom clearance, allowing the flawless whole process supervision covering exhibits declaration, sampling inspection at designated warehouse and on-site supervision at the exhibition venues.Guangdong will support Nansha New Zone in increasing its grain import, help local enterprises apply for quarantine license of imported grain, streamline the inventory management process for imported grain, and supervise enterprises to carry out pest treatment for imported grain. In addition, Guangdong will tighten its risk management system, with focus on the introduction of classification management on the import of dangerous chemicals. Guangdong will also provide policy and technical support in the establishment of international trading platforms for petrochemical products, cereal products and other bulk commodities.Guangdong will keep improving the inspection and quarantine service platform, and link this platform with the e-trading market for bulk commodities in Nansha New Zone, which will help provide accurate information service for both government and concerned enterprises in related to technical barriers to trade in foreign countries and quality data for bulk commodities, and help enhance the overall service level of international trading platform for bulk commodities in Nansha New Zone.Many effective measures will be in place for the inspection and quarantine process, involving the key assemblies for major equipment, parts, instrument and equipment. And full course follow-up service will also be available covering the procurement of goods, custom clearance and installation and debugging within factories. Guangdong will speed up the set-up of national key laboratories of mechanized equipment, semiconductor optoelectronic products and energy efficiency testing for energy-using products as well, thus enhancing the technical support capacity for the advanced manufacturing industry in Nansha New Zone.By increasing investment on technology development, Guangdong will improve the equipment strength of inspection and quarantine laboratory in Nansha New Zone; optimize the service platform for standard and technical regulation and offer training and information for enterprises within Nansha New Zone in related to technical barriers to trade. Eligible enterprises will be selected to serve as TBT workstation, directly engaging in the review of foreign TBT, trade attention and other activities involving rights protection in a foreign country.Guangdong will steadily implement the decision made by Administration of Quality Supervision, Inspection and Quarantine in supporting the setting up an industrial park in Guangzhou High-tech Zone to carry out the pilot reform on inspection and quarantine supervision of biological materials. With the support from the AQSIQ, Guangdong plans to enlarge the size of this industrial park, offer greater custom clearance convenience to key biomedicine enterprises in Nansha New Zone, and promote the healthy development of biomedicine industry in Nansha New Zone.4. To support the development of international logistics hub in Nansha New ZoneGuangdong will continue to provide technical support to enterprises in their dealing with custom clearance process, support the major construction projects and their further opening to the outside world, including the designated port for the import of grain and the designated wharf for the import of agricultural products from Hong Kong and Macao. In addition, Guangdong will support Nansha New Zone in increasing its import of fruits, and accelerate the early opening of major construction projects, such as the Nansha grain and general wharf, CSSC Longxue shipbuilding base and Shazai Island auto dock.Guangdong will support Nansha port to carry out open-market purchase and export business, and help strengthen the supervision mechanism of Nansha port for such activities. In addition, more efforts will be made to improve the inspection and quarantine facilities in the Nansha port, so as to facilitate the healthy development of open-market purchase and export business.Guangdong will strengthen communication and cooperation with transportation authorities with focus on information sharing and much improved convenience for foreign trade and logistics. Nansha New Zone will further advance the development of e-port, allowing all relevant governing units to access the content within the Clearance Sheet of Exit Cargo. Inspection and quarantine units in Nansha New Zone will be encouraged to engage in the e-port construction, so as to promote information sharing and enhance the informatization level for custom clearance service in ports within Nansha New Zone.Guangdong will help Nansha New Zone strengthen cooperation with Guangzhou e-port, allowing the information sharing of inspection and quarantine instruction, custom release, and container shifting and release status. In addition, more efforts will be made to improve the video surveillance system, so as to enhance the informatization level of custom clearance within Nansha port.Huge efforts will be made to improve the supervision mechanism on the inspection of import and export goods with focus on strengthened risk management, and explore a new supervision mode on custom clearance, with effective measures on tight supervision for high-risk goods and expedited custom clearance for low-risk goods. The import of self-used machine, equipment, office supplies made by enterprises within the bonded port area and the import of raw materials and parts made by exported-oriented processing trade enterprises will be exempted from compulsory certificate.Guangdong will continue to optimize the inspection and quarantine management within Nansha bonded port area, with focus on the development of water-and water, land-and-water and water-and-rail coordinated transport and other international cargo distribution business. Guangdong will support Nansha New Zone to carry out bonded warehousing, international transit, distribution, procurement, exhibition, leasing, maintenance and other bonded logistics related businesses, thus making Nansha New Zone a world-class international shipping center.Guangdong will intensify its research on inspection and quarantine policies, give full play of the active roles of inspection and quarantine, and steadily advance the major reform measures being taken in the Nansha New Zone. In particular, Guangdong will support the set-up of duty-free shopping zone and the free trade pilot zone in Nansha New Zone, so as to enhance the openness level of Nansha.5.To strengthen regional cooperation and coordination By fully utilizing the active role of Nansha New Zone in promoting closer cooperation among Guangdong, Hong Kong and Macao, Guangdong will strengthen cooperation with relevant governing authorities from Hong Kong and Macao, in areas of direct communication and technical cooperation. By steadily advancing the Framework Agreement on Guangdong-Hong Kong Cooperation, Framework Agreement on Guangdong-Macao Cooperation and the Closer Economic Partnership Arrangement, Guangdong will deepen cooperation with inspection and quarantine authorities from these two SARs and further promote closer cooperation among these three regions. Guangdong will improve the joint prevention and control mechanism on public health emergency in Nansha port, increase communication and coordination with local health authorities on epidemic situation update, case transfer, vector control and food poisoning. Guangdong will also strengthen cooperation with health authorities from Hong Kong and Macao, particularly in areas of tropical infectious diseases surveillance, in an effort to improve the early warning system for the outbreak of infectious diseases and the inter-regional mechanisms for joint prevention and control.Guangdong will further promote the inspection and quarantine cooperation within the Pearl River Delta region, so as to improve the fast and efficient coordination among different governing units in this region. Guangdong will also encourage Nansha Port to cooperate with Pan-PRD region in setting up dry ports in mainland of China. The pilot reform on inspection and quarantine taking place within the Nansha New Zone will be carefully reviewed, so as to promote the balanced and integrated regional development for the greater PRD region.6.To improve the inspection and quarantine service capacity and support capacity Guangdong will provide technical support to inspection and quarantine authorities in Nansha to carry out inspection and quarantine national standard, professional standards, Guangdong provincial-level standard and technical standard research in related to new energy, new materials and other key technologies. And top priority will be given to such research projects in Nansha to access funding support.Guangdong will also provide greater support to Nansha New Zone in the establishment of inspection and quarantine laboratories, and seek assistance from local government in setting up inspection and quarantine service platform in Nansha New Zone, so as to provide technical and information support for the sound development of Nansha New Zone.Guangdong will further promote the standardized operation of inspection and quarantine administrative service windows in Nansha New Zone, with passing rate reaching 100% by the end of 2013, and service window in Longxue Island should become the state-level demonstration windows. Guangdong will also support inspection and quarantine units in Nansha to enhance their service level, thus creating an internationally-compatible, rule-of-law business environment.A 24-hour appointment system and a “5+2” mode will be introduced in Nansha New Zone. Nansha New Zone will be authorized to deal with exemption of mandatory product certification certificate and on-site health review for exported goods health record, as well as conditional handling of some administrative items, including the filing of the import of used mechanical and electronic products, inspection before shipment for the import of large complete sets of equipment, examination and approval for special biomedical materials and mandatory product certification certificate.Guangdong will fully support inspection and quarantine units in Nansha New Zone to enhance their service guarantee capacity, and provide favorable policies in areas of infrastructure development, law enforcement equipment and budgetary resources. Guangdong will work together with local government to communicate with governing authorities in the State Council, in setting up more inspection and quarantine units in Nansha with much enlarged workforce size. Guangdong will fully support the set-up of international travel health care center in Nansha, offering convenience for entry-exit personnel to undertake infectious disease surveillance, vaccination and health consultation service for international travelers.7 innovative inspection and quarantine measures introduced by the AQSIQ to further advance the development of Free Trade Zone1.Paperless inspection and quarantine clearance 2.Line regulation mechanism for inspection and quarantine 3.Pre-inspection for inbound goods 4.Acceptance of testing results made by a third-party inspection and authentication institution 5.Global service industry supervision 6.Negative inventory management for examination and approval of quarantine inspection for animals and plants and their products 7.Risk management for the entry and exit of biological materials (products) 8.Certificate of Origin for transit goods

Innovative Policies and Preferential Measures Made by China Customs

November 17 2017

(I) Support international transit business If the goods aimed for international transmit are approved by the customs to be import declaration, the fee for delayed declaration can be reduced or exempted at time of declaration. Optimize shipping bill and transport tool management system parameter setting, and achieve declaration of shipping bill, cargo handling, loading, release of cargo under international transshipment, as well as automatic cancellation after verification within 24 hours.(II) Support dry port construction Support Guangzhou Port Group to establish dry port in the hinterland, with Nansha harbor as home port, explore how to integrate the custom supervision procedures into enterprise warehouse loading and unloading and other logistics operation, minimize repeated logistics operation, achieve multimodal transport, port retrocession and seamless docking. Allow enterprises to choose custom clearance operation mode according to their own needs, and open Nansha harbor transportation channel.(III) Establish rapid inspection and release mode at the customs Make integrated use of FS6000, H986, individual operating system and other high-tech inspection equipment, superpose “declaration in advance, inspection and release upon cargo arrival” and other custom clearance mode, through deploy and control in advance, transmit the inspection information at first time to port operation department, establish the system of “declaration in advance, split inspection and release at shipside” for goods import, rapid inspection and release mode of “declaration in advance, split inspection and release at custom pass” for goods export, achieve inspection split and supervision, and enhance the overall supervision and custom clearance efficiency of port.(IV) Promote bonded processing business Support the adoption of bonded supervision mode in bonded supervision mode, reduce enterprises’ guarantee fund cost, increase enterprises’ international competitiveness. Carry out selective taxation reform in bonded port area, allow processing enterprises to select customs duties payment according to materials or actual state, reduce enterprises’ domestic sales cost, guide processing trade to centralize in bonded port area, optimize industrial structure in the area, and support domestic and international markets for enterprise expansion.(V) Support bonded logistics business Simplify goods circulation procedures, and use “bonded goods circulation management system”, and allow the enterprises in the zone to make distribution and self-transportation of goods. Gradually achieve efficient and convenient flow of goods between special supervision areas under different customs’ supervision. Establish sea-air linkage customs supervision mechanism between Nansha harbor and Baiyun airport.(VI) Support bonded services business Support the provision of bonded services such as high technical content, high value-added testing maintenance in the market at home and abroad, promote equipment manufacturing industry chain to extend towards high end. Innovate guarantee mode, and support the establishment of bonded trading centers for cultural artifacts and others. Encourage the innovation business of financing lease, support bonded delivery of futures, warehouse receipt financing and other businesses within the special areas under customs supervision.(VII) Promote the construction of Nansha international automobile industry base Implement supporting service measures such as “declaration in advance, rapid appraisal”, and support parallel import business of vehicles. Superpose international transfer, reduction and exemption of fee for delayed declaration, shipping bill distribution, innovate taxation mode, and promote the implement of “imported vehicle taxation upon exit from free trade zone” in Nansha international automobile industry base.(VIII) Support cross-border e-commerce multi-mode operation in Nansha Support the construction of B2C direct purchase and supervision center and B2B2C centralized supervision zone in Nansha. Support the construction of import commodity display and trading platform in special supervision areas, combine cross-border e-commerce and bonded show policy, and implement the “purchase and delivery” experience. Superpose convenient customs policy, provide high-standard customs clearance service in a comprehensive way, assist the introduction of large e-commerce leading enterprises, and build Nansha new zone into a cross-border e-commerce business platform.(IX) Support the construction of international trade “single window” Under the municipal construction coordination mechanism, assist municipal government to develop high-standard construction program, and construct a domestically and internationally leading single window which complies with the actual situation of Guangzhou, enterprises’ appeal, and is practical and effective. With “one-time declaration, one-time check, and one-time release” in customs declaration and inspection cooperation as the breakthrough point, build public platform, take the lead to make breakthrough, and build innovative advantage in trading, investment and financing and shipping center. Take the lead to achieve core functions such as goods import declaration, declaration of inbound and outbound means of transport, and so on. Gradually expand cross-border trade e-commerce, enterprise credit management, declaration of inbound and outbound passengers, import and export license, payment clearing, and other functions, in order to promote smooth cargo delivery and comprehensively enhance the level of trade facilitation. Optimize operation process of port management departments, study the list of “information exchange”, and promote “mutual supervision” and “mutual assistance in law enforcement” based on this.(X) Optimize international business environment Support the construction of social credit system, intensify the cultivation of certification enterprises, full implement the principle of “providing convenience to those enterprises which have good faith and comply with laws, and punishing those enterprises which break faith and violate laws”. General certification enterprises are suitable for convenient measures such as low inspection rate, simplifying the procedures for documents check, giving priority to going through customs clearance formalities, on this basis, advanced certification enterprises are suitable for “AEO mutual recognition” convenient customs clearance and other more measures. Explore the implementation of the most preferential, coordinative management model in enterprises in the zone. Combine cross-border e-commerce, market purchase, foreign trade comprehensive service and other emerging trade forms, innovate supervision mode, support and cultivate foreign trade comprehensive service enterprises, and offer small and medium enterprises in the pan-pearl river delta with custom clearance, financing, tax return, international settlement and other services. Encourage enterprises to set up regional headquarters in free trade zone, and establish operation center with logistics integration, trading and settlement. Support governments to establish government affairs center, and the customs take the lead to offer one-stop services.

Opinions on Speeding up Development and Construction of Hengqin

November 17 2017

All governments of prefecture-level cities and above, county (including municipal and district) governments, provincial government departments and directly affiliated organizations:To fully implement The Pearl River Delta Reform and Development Plan 2008-2020 and Framework Agreement on Hong Kong/Guangdong Cooperation, accelerate development of Hengqin, construct a demonstration area with close cooperation between Guangdong, Hong Kong and Macao, propel the reform and opening up of the region in the west bank of Pearl River Delta to a new level, promote the moderate and diversified economic development of Macao and maintain the long-term prosperity and stability of Hong Kong and Macao, the following implementation opinions are put forward here: I. Granting Hengqin partial provincial economic management authority 1. Devolving provincial examination and approval authority (the examination and approval of foreign investment projects, local government investment projects and etc.) to the Administrative Committee of the Hengqin New Area in accordance with the law, projects that need coordination, planning and overall balance of the province and Zhuhai are exceptions. Devolving part of provincial economic management authority including enterprise development, prequalification of land use, planning and development management, enterprise registration, talent introduction, etc., and entrusting the Administrative Committee of the Hengqin New Area to implement them according to the law. 2. For provincial management projects that cannot be entrusted or devolved according to laws and regulations or require the overall balance of the province, the Administration the Committee of Hengqin New Area shall build a direct ratification relationship with the province and inform the Zhuhai municipal people’s government. II. Increasing financial and tax support to Hengqin 3. During the fifth five year plan, the provincial finance shall arrange a special fund of 100 million yuan each year to support the construction of major infrastructure projects in Hengqin. 4. The provincial special fund for port construction shall offer special aid for the construction of facilities and the costs of operation of Hengqin port and separate line management. 5. Collecting the retained portion of taxation and specified cost of Hengqin area within 10 years to set up a provincial finance special fund to support construction and development in Hengqin. 6. Compared with related practices of state support to Hengqin, allocating in a timely manner the retained portion of land use fees that are processed in batches and have been paid in accordance with laws and regulations. 7. The discrepancy between the individual income tax actually paid by Hong Kong and Macao residents working in Hengqin and the resident’s tax liability calculated under the tax laws of Hong Kong and Macao shall be subsidized, and the subsidy funds shall be provided comprehensively by the provincial government. The above subsidies of tax payers are exempted from individual income tax. III. Supporting the creation of the new customs clearance system in Hengqin 8. Speeding up the facility construction of Hengqin port and separate line management, implementing separate line management under the principle of “Relaxed control at the first line, strict control at the second line, separation of people and goods, and categorized management”, and actively complying with the detailed implementation rules and measures on the customs clearance system and new policy of Hengqin. Under the guidance of separate line management of Hengqin customs and the actual demands of 24-hour clearance, we actively support the joint inspection unit of Hengqin to allocate staff the development of Hengqin so as to ensure the normal operation of separate line management. 9. Supporting Hengqin in taking the lead in exploring the implementation of “single window” goods clearance, exploring the use of a unified declaration document in Zhuhai and Macao, promoting the reference and mutual recognition of customs inspection results and unified material format and data model, being the first to apply the all-at-once clearance mode of declaration, examination/inspection and quarantine, and release. Specific measures shall be formulated by the provincial Port Administration Office Guangdong branch of General Administration of Customs and the Administrative Committee of Hengqin New Area. 10. Simplifying the customs clearance procedure in Hengqin for Hong Kong and Macao residents to shorten the time of customs clearance and gradually realizing 24-hour clearance at Hengqin Lotus Bridge Port. Specific measures shall be formulated by related departments of the provincial Port Administration Office and the Administrative Committee of the Hengqin New Area. 11. Formulating and implementing administrative regulations on Macao motor vehicles moving in and out of Hengqin (these motor vehicles are only allowed to drive in Hengqin); trying to make it more convenient for small cars from both Guangdong and Macao to change driver’s licenses. Specific measures shall be formulated by related departments of the provincial Public Security Bureau and the Administrative Committee of Hengqin New Area. IV. Supporting Hengqin in innovating the land management system 12. Innovating land management, and within the authority of examination and approval of provincial government, devolving the revision and adjustment of the overall plan of land utilization of Hengqin county to the Zhuhai municipal people’s government. 13. Implementing a separate land utilization system for the annual planning indicators for Hengqin, and it shall be devolved directly from the Department of Land and Resources to the Administrative Committee of the Hengqin New Area. 14. Supporting Hengqin in conducting scientific sea reclamation in accordance with the law to promote development and construction. V. Supporting Hengqin to develop financial innovation 15. Supporting Guangdong, Hong Kong and Macao in jointly establishing a financial innovation experimental zone in Hengqin and conducting reform and innovation in financial institution admittance, financial market, financial business, financial products, financial supervision, etc. 16. Supporting Hengqin in actively lowering the threshold of the admittance of banks and the security and insurance industries from Hong Kong and Macao through the framework of CEPA. 17. Encouraging the establishment of non-bank financial institutions like trust companies, financial lease companies, financial and consumer financial companies, and currency brokerage companies in Hengqin and attracting international financial institutions to set up backstage service as well as research and development institutions in Hengqin. 18. Supporting the development of multi-currency industrial (stock equity) investment funds and the experiment of multi-currency land trust fund (plan) in Hengqin, and carrying out the business of foreign currency offshore, cross-border RMB settlement and cross-border collateral financing. 19. Exploring the distribution of RMB bonds to enterprises and residents of Hong Kong and Macao in Hengqin, and experimenting with the two-way convertibility of personal RMB, MOP and HK dollar within a certain limit. 20. Exploring the generalization of the multi-currency financial IC card in Hengqin. 21. Speeding up the implementation of RMB offshore service in Hengqin. VI. Supporting the development of scientific and technology innovation in Hengqin 22. Encouraging the construction of a provincial demonstration pilot for industry-university research cooperation in Hengqin, supporting enterprises in Hengqin in setting up a provincial industry-university research innovation union, a provincial industry-university research demonstration base and innovation platform, and striving for the stationing of major innovative platforms in areas such as national and provincial traditional Chinese medicine and cultural creativity, as well as industrial projects in key fields in Hengqin. 23. Provincial major scientific and technology projects shall give priority to enterprises in Hengqin in order to pool efforts to obtain a batch of key technology. 24. Supporting Hengqin in introducing global advanced information and intelligent technology, and accelerating the development of new emerging industries like the Internet of Things and cloud computing. VII. Supporting Hengqin in innovating the enterprise registration system 25. Supporting the pilot work of Hengqin in reforming enterprise registration, and establishing an enterprise registration system where the qualification registration of market players is separate from the permission of business projects and the examination and approval of sites for business operation. Specific measures shall be studied and formulated jointly by the Hengqin New Area Administrative Committee and the Guangdong Provincial Administration for Industry and Commerce. VIII. Supporting Hengqin in constructing a three-dimensional transport network 26. Reinforcing the links among traffic infrastructures in the region, and accelerating the construction of the Second Hengqin Bridge, Jinhai Bridge, the connection to the Hong Kong-Zhuhai-Macao Bridge, the extension of the Guangzhou-Zhuhai intercity railway, the expressway between Jinding and Hengqin, the expressway between Hongwan and southern Hezhou, the branch between Yuehuan and Nanping of Coastal Express Highway in the west of Guangdong Province, etc., so as to strengthen Hengqin’s traffic capacity to connect with territories outside of the island. 27. Perfecting the transportation network within Hengqin Island, and speeding up the construction of Hengqin Port as a comprehensive transportation junction. IX. Supporting Hengqin in building an innovative management mode based on information networks 28. Actively promoting cooperation between inland telecom operators and their counterparts in Macao. Striving for state policy support, pushing forward the integration of fees for communication with Macao, supporting the construction of communication facilities that connect to Macao directly in the Guangdong-Macao industrial park, and adopting more preferential communication fee plans, so as to take the lead in attaining international standards in the field of information. Specific measures shall be studied and formulated jointly by the Guangdong Communication Administration, the Guangdong Economic and Information Commission and other relevant units together with the Hengqin New Area Administrative Committee. X. Supporting the development of the modern service industry of Hengqin 29. Including Hengqin in the provincial central zone of the modern service industry, prioritizing Hengqin when considering the settlement of major projects concerning service industry, and supporting Hengqin in applying for the status of national pilot units related to the service industry and the demonstration district of state service outsourcing. 30. Supporting leading enterprises of the modern service industry in setting up regional headquarters in Hengqin, and foreign-funded enterprises of the service industry located in Hengqin to serve the whole province. 31. Encouraging high-quality education institutions from home and abroad including Hong Kong and Macao to carry out cooperation in the running of schools and conducting vocational education and skill training programs. 32. Accelerating the development of the cultural and creative industry, supporting the establishment of performance agencies by Hong Kong and Macao institutions, building business operation sites featuring performances, entertainment and films, setting up investment funds for the cultural industry and actively developing new media and omnimedia. 33. Supporting Hengqin in probing into businesses including publishing, publication distribution, and copyright trading in the manner of sole proprietorship, as well as cooperation and joint ventures with Hong Kong and Macao institutions under the framework of CEPA, so as to make breakthroughs in fields such as commercial performances, film production, and distribution and projection involving foreign, Hong Kong, and Macao parties. 34. Supporting the mutual recognition of medical insurances between Guangdong and Macao with Hengqin being the pilot unit, allowing the medical testing and inspection centers of Hong Kong and Macao that establish themselves in Hengqin to be deemed as their inland counterpart, and recognizing the testing and inspection reports that conform to relevant regulations of China within the scope of Guangdong province. 35. Pushing forward the construction of the Guangdong-Macao industrial park, upgrading the development of the industries involved, and adopting the mode of joint business attraction to actively import first-rate international cooperation projects. 36. Supporting Hengqin in enhancing tourism cooperation with Hong Kong and Macao, implementing pioneering tourism facilitation measures concerning customs clearance, transportation, payment, etc., carrying out cooperation on talent cultivation and training for the tourism industry, developing the tourism market at home and abroad in collaboration, the joint building of an accessible tourist area, forming a regional tourism brand, and constructing a world-renowned destination for tourism and leisure. XI. Supporting the building of a low-carbon demonstration zone in Hengqin 37. Supporting the development of green communities in Hengqin, constructing the low-carbon demonstration zone, and strictly controlling high-pollution projects. During the “Twelfth Five-Year Plan” period, total quantity control shall be conducted on the pollutant discharges of Hengqin and energy-conservation targets; relevant standards shall be studied and set forth by the Guangdong Provincial Department of Environmental Protection and the Guangdong Economic and Information Commission.38. Designating Hengqin as the demonstration area for smart power grids, promoting the application of new technologies including a distributed energy system, microgrids, and energy storage, and developing experimental units for smart power grid construction.

Thirty Favorable Policies in Seven Categories granted to Nansha New Zone by The Plan for the Development of Guangzhou Nansha New Zone

November 17 2017

Fiscal and Tax Policies:1.In light of Nansha New Zone’s functional positioning and industrial development, the Ministry of Finance and the State Administration of Taxation will study and formulate favorable fiscal and tax policies together with other relevant departments to support the development of Nansha New Zone.Financial Policies:2.Chinese government will strengthen financial cooperation among Guangdong, Hong Kong and Macao and prudently pilot financial reform and innovation such as the comprehensive management of the financial industry and foreign exchange management. It will also support Nansha New Zone to pioneer the opening up of domestic financial sector to Hong Kong and Macao capitals.3.Chinese government will support financial institutions from Hong Kong and Macao to establish branches and operate in Nansha New Zone in accordance with favorable policies in CEPA and relevant regulations.4.The state will encourage and support the establishment of new financial institutions engaging in futures transaction, credit insurance, financial leasing and trust investment in Nansha New Zone.5.Chinese government will allow competent agencies from Hong Kong and Macao to set up joint-venture securities companies, joint-venture securities investment consulting companies and joint-venture fund management companies.6.Chinese government will encourage insurance brokers from Hong Kong and Macao to establish solely-owned insurance agencies in Nansha New Zone.Policies facilitating exchanges with Hong Kong and Macao:7.Chinese government will facilitate applications for permits and entry endorsements for commuting between the mainland and Hong Kong and Macao for Nansha residents and mainland residents who invest or work in Nansha New Zone. It will also study the possibility of conducting entry endorsement policy with one year validity and multiple entries for Nansha residents and mainland residents who invest or work in Nansha New Zone.8.Chinese government will facilitate residence permit application for foreign high-caliber personnel. It will also formulate favorable policies including extending duty-free residence period and providing convenient service in entry and exit for foreign talents.9.Chinese government will build Nansha into a world-renowned stop in the route of passenger liners and facilitate the entry and exit of liners and passengers.10.Chinese government will allow ships owned by shipping companies from Hong Kong and Macao and yachts owned by non-Nansha residents to be registered in Nansha New Zone. When the time is ripe, the government will also explore new border check measures for yachts in Guangdong, Hong Kong and Macao.11.Chinese government will relax relevant policies and measures for importing yachts in Nansha New Zone. It will also pilot the yachts insurance system and facilitate the exit and entry of yachts in Guangdong, Hong Kong and Macao.Policies to further open up to the outside world: 12.Chinese government will establish the Guangdong, Hong Kong and Macao Border Check Cooperation and Demonstration Area.13.When the time is ripe, Chinese government will pilot the implementation of hierarchical administration policies in certain areas of Nansha New Zone.14.Chinese government will simplify ship entry and exit procedures between Nansha Port Area and Hong Kong Kwai Chung Container Terminal.15.Chinese government will expand the Guangzhou Port Full-Truck-Load Import Area and Nansha Port Area will be included in the expansion. It will support Nansha Port Area to conduct less-than-truck-load and less-than-container-load export.16.Chinese government will establish Nansha (Guangdong, Hong Kong and Macao) Data Service Experiment Area. It will also allow the offshore data service to be piloted in Nansha New Zone.17.Chinese government will actively guide China Compulsory Certificate (CCC) testing labs within Guangdong to provide service for Hong Kong and Macau companies registered in Nansha New Zone.18.Chinese government will increase the target amount for Guangdong, Hong Kong and Macao through trains in Nansha New Zone.    Land management policies:19. Chinese government will support Nansha New Zone to pilot the land management reform.20.Without undermining the ecological balance in Nansha New Zone, Chinese government will guarantee necessary land supply for the development of Nansha New Zone. The government will adopt the strictest land use policies and control the overall size for construction land use. Moreover, without breaking the rules of the overall urban planning and overall land use planning of Guangzhou, Nansha New Zone may properly determine the size, layout and order of extra construction land use. The size of the fist-phase extra land use will be limited to 60 square kilometers. Nansha New Zone will strictly follow the overall land use planning and construct in accordance with it. Projects requiring extra construction land use shall be submitted to the State Council for approval in accordance with relevant procedures. The state, when making annual land use plans, shall grant proper favorable policies in light of the construction progress of Nansha New Zone.21.Chinese government will pilot regular assessment and in-time revision of overall land use planning. It will also strictly administer its implementation.22.With approval from the State Council, if the adjustment of land use in Nansha New Zone involves the occupation of arable lands and prime croplands, Nansha New Zone shall appropriate at least the same size of land to substitute the occupied ones to ensure that the size of arable land and prime cropland will not decrease and quality be improved.23.Chinese government will support Nansha New Zone to pilot the reform in construction land use review and approval. The pilot scheme will be implemented after getting approval from the Ministry of Land and Resources.24. Without undermining aquatic ecosystem and the capacity of flood discharge and tidal storage in estuary area, Nansha New Zone may, with full scientific verification, properly conduct land reclamation. Nansha New Zone shall use tidal flat resources in a scientific, reasonable and orderly fashion. In accordance with relevant laws and regulations, review and approval procedures for the occupation and use of tidal flats shall be gone through before land reclamation.Marine management policies:25.Chinese government will strictly enforce the Law on Sea Area Management and promote the market-driven distribution of sea area resources. It will also improve the bidding, auction and listing system of the right to use sea area and explore the establishment of a secondary market of the use of sea area.26.Chinese government will conduct Environmental Impact Assessment (EIA) in accordance with the law. It will strictly implement land reclamation plans and coordinate sea islands protection, development and construction without undermining the ecological functions of the costal zones, sea area and the sea. Meanwhile, favorable policies will be granted to major projects which require land reclamation.27.Nansha New Zone will be allowed to apply for the use of sea area in areas which meet the requirements of marine functional division and the overall planning of land use in accordance with relevant policies. Chinese government will optimize application procedures and explore better coordination of sea use management and land use and supply management.Policies for social undertakings and administration and service:28.Chinese government will actively support Nansha New Zone to pilot a state-level innovation scheme of social administration.29.Chinese government will encourage and support Nansha New Zone to experiment international education cooperation. It will explore a new mode of cooperation in running schools among colleges and universities in the mainland, Hong Kong, Macao and foreign countries. Partner colleges and universities will be given a higher degree of freedom in terms of enrollment, course and degree conferment. The state will also support the scheme in degree acknowledgment.30.Service agencies and professional practitioners holding certificates conferred by competent authorities in construction and health care sectors from Hong Kong and Macao will be allowed to operate in Nansha New Zone after filing and getting permission in accordance with relevant provisions in CEPA.

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