Regulations of China (Tianjin) Pilot Free Trade Zone（4/4）

Article 41 TJFTZ shall exert the advantages of financial leasing and other featured financial industries, serve the real economy of Tianjin municipality, Beijing municipality and Hebei province, and promote the transformation and development of regional economy. The establishment of Beijing-Tianjin-Hebei coordinated development funds and Beijing-Tianjin-Hebei industrial restructuring funds in TJFTZ is supported. Overseas investors are permitted to invest RMB funds in the funds in TJFTZ used for the coordinated development of Beijing-Tianjin-Hebei.Article 42 Financial institutions in the Beijing-Tianjin-Hebei region are supported in conducting cross-regional collaborative finance innovation and cooperation in TJFTZ, and optimizing the allocation of financial resources. Financial institutions in the Beijing-Tianjin-Hebei region are supported in providing entities in TJFTZ with local comprehensive financial services in respect of payment and settlement, deposit at different places, credit guarantee and other businesses, so as to reduce the cost of financial transactions across administrative regions.Article 43 The cooperation of the property trading market, technical trading market, pollutant discharge right trading market and carbon emission right trading market in Beijing-Tianjin-Hebei in TJFTZ is encouraged, so as to promote the allocation and use of regional pollutant discharge indicators with compensation. Chapter VII Business EnvironmentArticle 44 Reform and innovation in such fields as administrative system, investment, trading, and finance in TJFTZ shall be conducted by adopting the way of thought and form of rule of law, so as to build an international, market-oriented and legal business environment. The relevant departments of the municipal people's government and the TJFTZ Administration shall, together with the administrative authorities of the state in Tianjin, and according to the actual requirements of TJFTZ, conduct research and offer reform and innovation measures in such aspects as investment and opening-up, trade facilitation and financial innovation, and win the state's support for pilot programs in TJFTZ.Article 45 The equal status and development rights of all types of market participants in TJFTZ shall be protected by law. All types of market participants in TJFTZ shall enjoy equal benefits in such aspects as supervision, taxation and government procurement.Article 46 TJFTZ shall, in a timely manner, disclose the local regulations, government rules, regulatory documents, and procedures for handling affairs developed by the Tianjin municipality and other information, so as to facilitate the inquiry of the public.Article 47 TJFTZ shall implement more proactive policies for introducing and encouraging talents based on the generally accepted international practice, and provide convenience for overseas talents in such aspects as leaving and entering the territory, visa and residence, project application, innovation and entrepreneurship, school enrollment of their children and social security.Article 48 TJFTZ shall, in accordance with the law, build harmonious labor relations, and promote the collective consultation of enterprises and employees on such matters as labor remuneration and labor protection. The positive role of labor unions in protecting employees' rights and interests and promoting the harmony and stability of labor relations shall be played.Article 49 TJFTZ shall strengthen the protection of intellectual property rights, improve intellectual property management systems and mechanisms and protection rules in line with the international standards, and promote the mechanism for connecting the administrative protection of intellectual property rights with judicial protection.Article 50 TJFTZ shall strengthen environmental protection in accordance with the law, and enterprises in TJFTZ are encouraged to conduct certification by standards for generally accepted international environmental and energy management system, adopt advanced production techniques and technologies, save energies, and reduce the emission of pollutants and greenhouse gas.Article 51 TJFTZ shall implement the system for the publication of credit information of market participants in the entire municipality, carry out the interaction mechanism for stimulating honesty and punishing dishonesty, implement rules for the categorized supervision of credit risks of market participants, establish the spot check and joint inspection mechanism, and focus on the supervision of market participants with low credit rating.Article 52 TJFTZ shall assist the relevant departments of the state in conducting national security review of foreign investment. If the administrative authority of an area of TJFTZ finds any foreign investment falling within the scope of national security review, it shall inform the foreign investor to apply to the relevant department of the state for national security review.Article 53 The anti-monopoly work mechanism shall be implemented in TJFTZ. Where the concentration of business operators of enterprises in TJFTZ reaches the anti-monopoly declaration standards prescribed by the state, business operators shall apply to the relevant department of the state for the anti-monopoly examination of concentration of business operators. For the conduct of excluding or restricting competition by a monopoly agreement, abuse of the dominant market position and abuse of administrative power, the relevant law enforcement authority shall conduct investigation in accordance with the law.Article 54 China International Economic and Trade Arbitration Commission, China Maritime Arbitration Commission, Tianjin Arbitration Commission and other arbitration commissions are supported in establishing institutions in TJFTZ to conduct the arbitration business. Industry associations, chambers of commerce and other social organizations are encouraged to legally conduct professional mediation in an independent or joint manner, and establish a mechanism linking mediation and arbitration and litigation.Article 55 Law firms, accounting firms and other professional service agencies such as intellectual property services, customs declaration, inspection and testing, certification, agency of vessels and crew, assessment, notarization, forensic identification and evaluation, and credit services, among others, are encouraged to conduct business in TJFTZ.Article 56 TJFTZ shall establish a comprehensive assessment mechanism, conduct comprehensive and special assessment of the implementation of pilot policies in TJFTZ, and when necessary, may authorize third party agencies to conduct independent assessment.Chapter VIII Supplementary ProvisionsArticle 57 Where the pilot reform measures such as investment, trade, finance and taxation, among others, in TJFTZ as provided by the state are adjusted, or the state provides that pilot measures in other regional reform can be applied to TJFTZ, the relevant provisions of the state shall be implemented.Article 58 This Regulation shall come into force on the date of issuance. The Measures for the Administration of China (Tianjin) Pilot Free Trade Zone (Order No. 15 [2015], Tianjin Municipal People's Government) issued by the Tianjin Municipal People's Government on April 17, 2015 shall be repealed concurrently.

Regulations of China (Tianjin) Pilot Free Trade Zone（3/4）

Article 34 Cross-border RMB business innovation and development shall be promoted in TJFTZ and pilot programs in cross-border RMB use are encouraged: (1) Under the framework of macro-prudential management of foreign debts, financial institutions and enterprises in TJFTZ are encouraged to borrow RMB funds from abroad, which shall be used in the fields in compliance with the state's macro-control orientation, and may not be invested in negotiable securities, financial products, derivatives, or used for entrusted loans. Banking financial institutions in TJFTZ may provide cross-border short-term RMB loans to overseas banking financial institutions as required. (2) Enterprises and financial institutions in TJFTZ are supported in issuing RMB bonds abroad as required. The funds raised may be transferred back to TJFTZ for use. Overseas parent companies of enterprises in TJFTZ may issue RMB-denominated bonds in China according to the relevant provisions. (3) TJFTZ is supported in improving the existing trading platforms for financial assets, equities, property rights, shipping and other factors priced in RMB on the basis of making full use of the nationally unified financial infrastructure platform, and providing delivery and settlement services priced in RMB for investors in TJFTZ and abroad. (4) Eligible enterprises in TJFTZ are supported in investing RMB funds in overseas securities and overseas derivatives according to the relevant provisions. Banking institutions in TJFTZ are supported in handling the RMB derivative business for overseas institutions in accordance with the relevant policies and provisions on the inter-bank market, among others, and the overall deployment for the opening-up of the Chinese financial market. Equity investment funds established in TJFTZ are supported in conducting the RMB foreign investment business according to the relevant provisions. (5) Eligible multinational enterprise groups in TJFTZ may be exempt from the restrictions on operating period, annual operation revenues and the upper limit of net inflows when conducting the cross-border bilateral RMB cash pooling business. (6) Research shall be conducted to enable domestic eligible individuals who work in TJFTZ to make various types of RMB overseas investment according to the relevant provisions. Overseas eligible individuals who work in TJFTZ may make various types of investment within China according to the relevant provisions.Article 35 The following foreign exchange management reform shall be promoted in TJFTZ: (1) Trade and investment facilitation shall be promoted. On the basis of authentic and lawful transactions, the process shall be further simplified. The enterprises of Category A in the class1ification grade of foreign exchange administration of trade in goods in TJFTZ are not required to open the to-be-inspected accounts for receipts from trade in goods, and are allowed to select different banks to handle foreign exchange purchase and payment in advance under current accounts. Direct investment foreign exchange registration formalities shall be simplified, direct investment foreign exchange registration shall be delegated to banks for handling, and the willingness settlement of foreign exchange capital shall be implemented for the foreign exchange capital funds of foreign-funded enterprises. The administration of foreign lending of institutions in TJFTZ shall be relaxed, and the proportion of foreign lending shall be further raised. (2) Capital account convertibility within the quota shall be implemented. Domestic institutions registered in TJFTZ and fell outside the negative list shall independently conduct cross-border investment and financing activities, with the cross-border revenues and cross-border expenditures of each institution in each calendar year respectively not exceeding the prescribed quota. Free foreign exchange settlement and sale shall be conducted within the quota. Eligible institutions in TJFTZ shall open capital accounts-investment and financing accounts at banking institutions in Tianjin to handle the relevant business on convertibility within the quota. (3) The macro and prudential management of foreign debts shall be promoted, and foreign debt policies of domestic institutions shall be gradually unified. Institutions in TJFTZ shall conduct self-regulation of proportion of foreign debts borrowed, and are allowed to borrow foreign debts within the quota of certain multiples of net assets, and willingness exchange settlement shall be implemented for enterprises' foreign debts. (4) The development of headquarters economic and settlement centers is supported. The access conditions for the centralized operation and administration of foreign currency funds of multinational companies shall be relaxed. Capital pool management shall be further simplified, and banks are permitted to examine true and legal electronic documents to handle centralized foreign exchange receipts and payments and netting settlement for enterprises. (5) Banks are supported in developing RMB and foreign exchange derivatives services. Banking institutions registered in TJFTZ may handle RMB and foreign exchange derivatives transactions for the business in which overseas institutions can conduct spot foreign exchange settlement and sale transactions according to the relevant provisions, and include it in the administration of banks' synthetic positions in foreign exchange settlement and sale.Article 36 The following reform shall be promoted in TJFTZ to promote the development of the leasing industry: (1) Leasing companies in TJFTZ are supported in conducting the leasing business concerning aircrafts, new-model vessels, marine engineering structures and large-size complete sets of imported equipment, among others, by utilizing the state foreign exchange reserves. (2) The collection of foreign currency rents is allowed for qualified financial leasing in TJFTZ. (3) Leasing companies are supported in conducting cross-border leasing asset transactions priced and settled in RMB by relying on the factor transaction platform in TJFTZ. (4) Leasing companies in TJFTZ are allowed to open RMB accounts abroad for the purpose of conducting the cross-border RMB leasing business and freely transfer RMB funds between their accounts under the same name within certain quotas. (5) The standards for the access of domestic and foreign financial leasing enterprises, approval procedures and interim and ex post supervision shall be unified, and domestic financial leasing enterprises in TJFTZ are promoted in enjoying equal benefits with the enterprises conducting the pilot program on domestic financial leasing.Article 37 TJFTZ shall implement the loan risk compensation mechanism for medium-sized, small and micro enterprises, and encourage banks and other financial institutions to provide loans and other support to medium-sized, small and micro enterprises. Credit insurance shall be actively developed, financial institutions of the insurance sector are encouraged to provide loan guarantee insurance services to medium-sized, small and micro enterprises, the risk subsidy mechanism for loan guarantee insurance shall be established, and insurance institutions are encouraged to develop insurance products serving medium-sized, small and micro enterprises.Article 38 Financial management departments shall strengthen the monitoring and assessment of financial risks, and establish a risk prevention mechanism adapting to the development of the financial business in TJFTZ. Financial institutions and specific non-financial institutions that conduct the TJFTZ business shall, as required, submit the relevant information to financial management departments, perform the obligations such as anti-money laundering, anti-terrorist financing and anti-tax evasion, assist financial management departments in regulating abnormal cross-border fund flow, and implement the responsibilities for the protection of financial consumers and investors.Chapter VI Serving the Coordinated Development of Beijing-Tianjin-HebeiArticle 39 The service radiation functions of Tianjin port shall be enhanced, the integrated customs clearance in Beijing-Tianjin-Hebei and integrated inspection and quarantine shall be implemented, and direct customs clearance in Beijing-Tianjin-Hebei shall be promoted. The inland dry port layout shall be optimized and the policies for tax refund at the port of departure shall be implemented in accordance with the provisions of the state. Eligible enterprises registered in TJFTZ are supported in expanding the bonded exhibition and trade business to Tianjin municipality, Beijing municipality and Hebei province. Enterprises in Beijing municipality and Hebei province are supported in building exclusive logistics zones in TJFTZ and improve the collection and distribution system and bonded logistics network in Beijing-Tianjin-Hebei.Article 40 The positive role of TJFTZ in driving scientific and technological innovation in Beijing-Tianjin-Hebei and northern China and driving the industry upgrading of regions, and other aspects, shall be played, and the cooperative innovation service platforms shall be established with Beijing municipality and Hebei province, so as to promote the opening and sharing of innovative resources and innovative achievements.

Regulations of China (Tianjin) Pilot Free Trade Zone（2/4）

Article 21 Natural persons, legal persons and other organizations in TJFTZ are supported in conducting multiple forms of overseas investment and cooperation, and overseas investment items that do not involve sensitive countries and regions and sensitive industries shall be subject to the recordation system. TJFTZ shall establish an overseas investment cooperation and comprehensive service platform, and improve a risk warning and emergency security system for the safety of overseas assets and personnel.Article 22 TJFTZ is supported in building innovative entrepreneurship special regions, cluster high-level innovative entrepreneurship resources, build a complete innovative entrepreneurship system, and build an environment of mass entrepreneurship and innovation. TJFTZ shall establish a mechanism for interaction with the national independent innovation demonstration zone, and by utilizing the radiation policies of the national demonstration zone for independent innovation, cluster high technology elements, explore the new modes of regional scientific and technological cooperation, and build a regional innovation platform playing an innovation demonstration and driving role. Chapter IV Trade FacilitationArticle 23 TJFTZ shall implement the “single window” management service mode for international trade, accelerate the construction of electronic ports, establish a comprehensive management service platform covering customs, inspection and quarantine, maritime, border inspection, foreign exchange, tax, commerce and other departments, and realize information exchange, mutual regulation recognition, and mutual assistance in law enforcement among departments. Enterprises may submit once the standard electronic information required by the port regulatory authorities through the comprehensive management service platform, and the port regulatory authorities shall send the handling result to enterprises through the platform.Article 24 TJFTZ shall actively cultivate new types of trading forms, vigorously develop service trade, and promote trade transformation and upgrading. Trading in bulk commodities, bonded exhibition and trading, futures bonded delivery, parallel import of automobiles and other new type trade businesses are encouraged. The pilot programs on the maintenance of domestic and overseas high technology and high value-added products, and the re-manufacture business are supported. The construction of the state's model zones for promoting innovation by import trade is supported.Article 25 The development of cross-border e-commerce is supported, support systems in customs supervision, inspection and quarantine, tax, cross-border payment, logistics and express delivery, among others, shall be improved, and explorations shall be made on the establishment of regulatory rules for the centralized goods storage mode. Direct mail import and bonded import business are encouraged, the policies on taxation on retail import in cross-border e-commerce shall be implemented, and the tax-related order customs clearance efficiency in cross-border e-commerce shall be enhanced. Regulatory measures on export in cross-border e-commerce shall be improved, and customs clearance formalities for exported commodities shall be undergone in the methods of checklist verification and release and summary declaration, and forms of categorization of commodities shall be simplified.Article 26 The following customs' regulatory rules shall be implemented in TJFTZ under the principles of convenient customs clearance, safety and efficiency. (1) Paperless customs clearance. (2) Rules for the checklist of preferential measures for authorized economic operators (AEO). (3) According to different types of customs clearance demand, enterprises in TJFTZ are permitted to choose at their discretion various forms of tax-related guarantee forms such as guarantee by cash deposit or by bank guarantee. (4) Implementing rules such as proactive disclosure of enterprises, and introducing social intermediary institutions to assist in supervision. (5) Other regulatory measures.Article 27 The service mode of customs clearance supervision including “relaxing restrictions on the first line” and “safe and efficient control over the second line” shall be implemented in the areas under special customs supervision in TJFTZ. Uniform recordation checklist rules, rules for centralized declaration of goods imported or exported in batches, and rules for domestic selective tax collection shall be implemented in the areas under special customs supervision. If the airplanes, vessels, marine project structure and other large equipment imported and exported by financial leasing enterprises registered in the areas under special customs supervision of TJFTZ involve different customs areas, under the premise of ensuring effective supervision and implementing the existing relevant taxation policies, delegated supervision by the customs at different places shall be implemented.Article 28 Under the principle of facilitating entry and exit and strictly preventing quality safety risks, the regulatory rules on inspection and quarantine shall be innovated in TJFTZ. Convenient regulatory measures for used electromechanical products entering China for maintenance use shall be implemented. Vessels entering and leaving China that are declared as free from diseases may be directly released after risk analysis is conducted. The rules for adopting testing results of third party inspection and identification agencies shall be gradually implemented. Separate line supervision mode of inspection and quarantine shall be implemented in the areas under special customs supervision in TJFTZ, import and export quarantine and inspection of key sensitive goods shall be implemented on the first line, and goods inspection and supervision shall be implemented on the second line. Pre-check rules for imported goods shall be implemented, so as to conduct centralized inspection and verification and release in batches. The negative list rules for the quarantine approval of animals and plants entering China and products made thereof shall be promoted. Separate line supervision, pre-inspection and registration and verification rules shall be implemented for bonded exhibition and trading and bonded lease goods.Article 29 TJFTZ shall implement international vessel registration rules with “Tianjin Dongjiang” as the port of registry, establish efficient vessel registration process, and implement the existing preferential tax policies for Chinese-funded “flag of convenience” vessels. The development of shipping finance, international vessel transportation, international shipping brokerage, international vessel agency, international vessel management, international seaman services, international passenger liner tourism and other international shipping modern service industries is encouraged. TJFTZ shall implement the interaction of sea and air ports, develop international transmit and LCL (less than container load) services for shipping containers and express air mails, and support qualified vessels in conducting coastal carriage between domestic coastal ports and the Tianjin port.Article 30 TJFTZ supports the construction of the Tianjin demonstration center of the Asia-Pacific Economic Cooperation green supply chain cooperation network, and shall explore the establishment of a green supply chain management system, implement green product checklist rules, and encourage the development of green trade.Article 31 The transit container block train transport shall be developed, cross-border logistics centers shall be built, and international container block logistics services for high-end products shall be provided. Freight forwarding services through ocean, inland and air transport and multimodal transport forwarding services, and container block contracting, among others, are encouraged, so as to serve the development of transit trade in the countries and regions along the “Belt and Road.”Chapter V Financial InnovationArticle 32 Under the principles of controllable risks and serving the real economy, the pilot work such as the expansion of cross-border RMB use, furtherance of the foreign exchange management reform, and promotion of the development of the leasing industry shall be steadily conducted in TJFTZ. Various types of financial institutions are encouraged to make innovations in such aspects as financial products, businesses, services and risk management in TJFTZ in accordance with the relevant provisions of the state.Article 33 The establishment of the account management system commensurate with TJFTZ is supported, and cross-border trade and investment and financing settlement facilitation shall be promoted. Enterprises in TJFTZ are encouraged to conduct cross-border trade, investment and financing by utilizing domestic and overseas resources and markets.

Regulations of China (Tianjin) Pilot Free Trade Zone（1/4）

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

Measures for the Recordation Administration of Foreign-Funded Projects in China (Tianjin) Pilot Free Trade Zone

Chapter I General ProvisionsArticle 1 To regulate the system for administration of foreign-funded projects in China (Tianjin) Pilot Free Trade Zone (hereinafter referred to as “TJFTZ”), these Measures are formulated in accordance with the Framework Plan for China (Tianjin) Pilot Free Trade Zone (No. 19 [2015], State Council), the Measures for the Administration of China (Tianjin) Pilot Free Trade Zone (Order No. 15 [2015], Tianjin Municipal People's Government) and other relevant provisions.Article 2 These Measures shall apply to foreign-funded projects in TJFTZ subject to recordation administration. Foreign-funded projects in TJFTZ subject to recordation administration shall include: Chinese-foreign equity joint venture projects, China-foreign contractual joint venture projects, wholly foreign-owned projects, foreign-funded partnership projects, projects of acquisition or merger of a domestic enterprise by a foreign investor, projects of capital increase for a foreign-funded enterprise, and various other foreign-funded projects provided they are not subject to the special access management measures (negative list) for foreign investments in TJFTZ (except domestic investment projects which the State Council reserves the right to confirm). Where any law or regulation provides otherwise, such law or regulation shall apply.Article 3 Foreign-funded projects subject to national security review shall undergo the security review according to the relevant provisions.Article 4 The management committee of Dongjiang Bonded Port Area (Dongjiang Port Area), the management committee of Bonded Area (Airport Economic Area) and the management committee of Central Business District shall constitute the recordation authorities for foreign-funded projects in TJFTZ (hereinafter referred to as “Project Recordation Authorities”), which shall be responsible for recordation, supervision and administration of foreign-funded projects in TJFTZ.Chapter II Project Recordation ProceduresArticle 5 An applicant for a foreign-funded project subject to recordation administration of foreign-funded projects in TJFTZ (hereinafter referred to as the “recordation applicant”) shall complete and submit a Recordation Form for a Foreign-Funded Project in TJFTZ, along with the following materials, to the Project Recordation Authority: (1) Certificates of enterprise registration (business licenses) and business registration certificates (personal identification for individual investors) of Chinese and foreign investors. (2) An investors' letter of intent signed by Chinese and foreign investors and, for a project of capital increase, acquisition, or merger, a resolution of the board of directors or a relevant contribution resolution. (3) A real estate title certificate, a land sale confirmation, a contract for assignment of state-owned construction land use right, or a lease agreement. (4) Other relevant materials required by laws and regulations. The recordation applicant shall be responsible for the authenticity of the application materials submitted. Where an application for recordation of a foreign-funded project and an application for formation (or modification) of an enterprise are filed concurrently, the “all-in-one application and one-stop processing” mechanism for TJFTZ shall apply.Article 6 The Project Recordation Authority shall, within five working days upon receipt of the application materials, issue a recordation opinion on the foreign-funded project in TJFTZ (hereinafter referred to as the “recordation opinion”) to the recordation applicant. The Project Recordation Authority shall grant recordation to a foreign-funded project which is not in violation of laws and regulations, complies with the national industry policies and is within the scope of recordation administration of foreign-funded projects in TJFTZ. If recordation is not granted, the reasons shall be stated in the recordation opinion.Article 7 If a foreign-funded project is granted recordation, the recordation applicant may, on the basis of the recordation opinion, undergo the approval formalities for planning, land use, environmental impact assessment, and construction, among others. To apply for governmental subsidy, on-lending, interest subsidy and other preferential policies, an application report for such capital shall be filed with the competent authority on the basis of the recordation opinion. To apply for tax reduction or exemption on imported equipment and other preferential policies, the recordation applicant may apply to the National Development and Reform Commission or the Municipal Development and Reform Commission for undergoing the relevant formalities on the basis of the recordation opinion.Article 8 When issuing a recordation opinion, the Project Recordation Authority shall send the basic recordation information on the project and the recordation document, among others, to the relevant authorities.Chapter III Modification of RecordationArticle 9 Where a foreign-funded project which is granted recordation falls under any of the following circumstances, it shall be deemed a major modification, and an application for modification shall be filed with the Project Recordation Authority: (1) A change in investor or equity. (2) A change in project location. (3) A change in production techniques, primary products, production capacity or any other primary construction content of the project. (4) Total investment exceeding the originally recorded amount of investment by 20% or more. (5) Any other circumstance requiring modification as prescribed by the relevant laws, regulations and industry policies. The recordation modification procedures shall be governed by the relevant provisions of Chapter II of these Measures.Article 10 Where a foreign-funded project which is granted recordation is modified, if, after modification, it is not within the scope of recordation administration of foreign-funded projects in TJFTZ, an application shall be filed with the competent authority for undergoing the confirmation formalities according to the relevant provisions on the confirmation of foreign-funded projects, and the original project recordation document shall be automatically invalidated on the date of issuance of the confirmation document. Where a confirmed foreign-funded project is modified, if, after modification, it is within the scope of recordation administration of foreign-funded project in TJFTZ, an application shall be filed with the Project Recordation Authority for undergoing the recordation formalities according to the relevant provisions of these Measures, and the original project confirmation document shall be automatically invalidated on the date of issuance of the recordation document.Article 11 Where the implementation of a foreign-funded project which is granted recordation is suspended, the recordation applicant shall notify the Project Recordation Authority in writing in a timely manner. Where a foreign-funded project which is granted recordation is relocated to a place outside of TJFTZ, the relevant formalities shall be undergone according to the provisions on administration of foreign-funded projects outside of TJFTZ, and the Project Recordation Authority shall be notified in writing in a timely manner.Chapter IV Supervision, Administration and Legal LiabilityArticle 12 The Project Recordation Authority shall strengthen the interim and ex post regulation of foreign-funded projects subject to recordation in TJFTZ with the competent industry authorities, and may inspect the implementation of such projects through the regulatory information sharing mechanisms, the relevant government platforms and the annual enterprise report system in TJFTZ.Article 13 Where any staff member of the Project Recordation Authority abuses power, neglects duties, practices favoritism, or solicits or accepts bribes in the process of project recordation, an administrative disciplinary action shall be taken against the staff member in accordance with the law; and if the violation constitutes a crime, the staff member shall be subject to criminal liability in accordance with the law.Article 14 Where a foreign-funded project falls under any of the following circumstances, the Project Recordation Authority shall order suspension of investment and construction in accordance with the law, investigate the responsibility of the relevant enterprise and personnel in accordance with the law, and record the violation in the enterprise's integrity file: (1) Any falsified material is submitted. (2) Construction commences without authorization when the project is not granted recordation. (3) Investment and construction fail to comply with the recorded content.Chapter V Supplementary ProvisionsArticle 15 The project recordation document shall be valid for two years, commencing from the date of issuance of the recordation document.Article 16 These Measures shall apply, by reference, to projects funded in TJFTZ by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan Region.Article 17 These Measures shall come into force on May 8, 2015, and be effective for five years.

Suggestions of Shanghai Court on Serving and Guaranteeing the Construction of China (Shanghai) Pilot Free Trade Zone

In accordance with the decision-making deployment of the third plenary session of the 18th Central Committee of CPC on deepening reform in all-round way and the overall objective and requirement of China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the PFTZ, for the purpose of giving full play to the role of  trial functions, better serving and guaranteeing the general situation of the construction and in line with the working actuality of Shanghai Court, the following suggestions are put forward:I. Comprehend profoundly the strategic meaning of the PFTZ construction and strengthen the general sense and obligation consciousness of providing strong judicial guarantee therefore1. Realize the full strategic meaning of the PFTZ construction. Carry out in depth the essence of the third plenary session of the 18th Central Committee of CPC o, tightly focus on the state strategy, comprehensively grasp new requirement and new task brought by the PFTZ construction to work of the people’s court, endeavor to provide strong judicial guarantee and quality, efficient law service for building the PFTZ up to the international level.2. Earnestly enhance progressive consciousness, and sense of opportunity and responsibility. As required for taking the lead in establishing the cross-border investment and trade regulation system in line with international practice and rule of law and for vigorously cultivating international and legalized business environment, give full play to the role of judicial functions. Strengthen prospective thinking, actively make initiative study of new situation and new problem arising from adjusting laws, regulations and policies relating to the PFTZ, amplify and perfect every item of working mechanism to meet demands for serving and guaranteeing the PFTZ construction, so as to let every party at home and abroad feel fairness and justice in every judiciary case.II. Update judiciary philosophy, actively and accurately meet the judiciary demand of the legalized and internationalized business environment of the PFTZ.3. Further enhance the legal concept. Based on the law-governing idea of administration by law, independent judgment, openness and transparency, proper procedure, equal protection and just judgment, make clear the market trading rule, maintain according to law the trading act effectiveness, normalize the market trading order, guide the market anticipation, promote honesty and credibility and give play to the appraisal, demonstration and guiding role of judicature to investment, trade and such other activities.4. Further expand the international vision. Draw lessons from international useful experience, intensify the guarantee of investment and trade rights and interests, and promote fair competition among various market subjects. Exercise according to law the judicial jurisdiction of foreign-related cases, accurately apply laws, international treaties concluded or participated in by our country, and international commercial trading conventions, and make efforts to provide quality law guarantee for the internationalized business environment.5. Further respect market law. Deepen the understanding of market economic law, resolutely maintain the decisive role of market in the resources’ allocation, fully respect the autonomy of market subject idea, commercial trade conventions and rules, guarantee trade freedom and safety, and support market innovation. Supervise according to law and support administrative organs in strengthening market supervision by means of legal thinking and rule of law, and advance innovation in society governing.III. Deepen judiciary reform, explore and accumulate reproducible and propagable judiciary guarantee experience6. Advance the reform of judiciary system in an active and stable manner. Strengthen the building of judicial organs in the PFTZ, study and practice the concentrated jurisdiction mechanism for cases of investment, trade, finance and intellectual property right relating to the PFTZ, raise the level of litigation facilitation and constantly perfect the rapid response of execution and link-up mechanism so as to ensure the settlement of relevant disputes in a fair, professional and efficient manner.7. Explore the reform of executive mechanism of adjudicative power. Scientifically set up trial organizations, further optimize the allocation of judicial authority, rationally determine the terms of reference of various trial organizations; perfect the case handling responsibility system of presiding judges and collegial panels to let inquisitors make judgment and judges take responsibility; improve the professional trial mechanism, exercise special control over cases relating to the PFTZ, and establish systems of case information report analysis and multi-level guide and supervision so as to vigorously improve the professional level of judgment.8. Push forward judicial openness in an all-round way. Strengthen in an all-round way the building of informatization platform for trial work in the PFTZ, make open in a timely manner the full trial procedure, judicial documents and execution information, so as to improve the public’s understanding of, trust in and supervision over trial work in the PFTZ through live broadcast of Internet court hearing, release of typical case information and other modes.9. Constantly expand judicial functions. Strengthen judicial statistics analysis of PFTZ-related cases, establish a mechanism of relevant dispute trends and early risk warning, and actively offer advice and suggestions for industrial development, institutional innovation, government decision-making and perfect legislation in the PFTZ by use of white paper of trial, judicial proposals and other modes.10. Vigorously drive the mechanism for settling disputes in the PFTZ getting strengthened and perfected. Strengthen and improve the judicial review of commercial arbitration award, safeguard according to law and encourage innovation in the PFTZ commercial arbitration system, and advance the institution of commercial arbitration system with international standard and public confidence; strengthen link-up in mediation with trade associations, commerce chambers, and other legal commercial mediation organizations, and strive to make PFTZ-related disputes settled in an efficient, convenient and economical manner.11. Consciously and actively accept supervision. Consciously accept supervision by the people’s congress and its standing committee, earnestly accept the democratic supervision by the people’s political consultative conference, solicit the opinions of a wide cross-section of society, and constantly improve relevant trial work.IV. Give full play to the role of trial functions, and provide judicial guarantee and service in order to accelerate the transformation of governmental functions and promote the development of trade and investment in the PFTZ12. Guarantee according to law and promote the enlarged open-up of investment field. As required by the negative list administration mode, commercial registration system and reform of overseas investment management mode, make intensive study of law applicability relating to civil commercial disputes in the enlarged opening-up of fields such as financial service, shipping service, commercial and trade service, professional service, cultural service and social service, accurately apply laws, regulations and decisions on adjusted implementation of relevant laws and regulations, so as to safeguard the legitimate rights and interests of domestic and foreign investors.13. Ensure according to law and promote a change in the trade development mode. Attach great importance to hearing cases relating to service trade, international bulk goods, resources trading, foreign cultural trade, cross-border e-commerce, outsourcing business, off-shore business and international trade settlement, strengthen study of legal issues relating to new business modes, support innovation development, promote fair competition, work hard to create a good legal environment in order to push forward trade transformation and upgrading, and elevate our country’s position in the global trade value chain.14. Ensure according to law and promote the opening-up and innovation in the financial field. Make every effort to support innovation in the financial system, enhance the financial service function. Strengthen judicial protection for regulation-abiding business activities of various financial institutions at home and abroad, safeguard according to law the regulation-abiding cross-border financial trade activity. Hear in a proper manner various financial dispute cases relating to financial innovation, support and encourage the prior try and make effective precaution against any financial risk.15. Ensure and promote according to law the elevation of international shipping capacity. Give full play to the advantages of maritime professional trial system, and earnestly enhance the sense of service and the perspective of work in maritime trial. Strengthen survey of law applicability in the course of innovation development of shipping services such as shipping finance, international marine transportation, international ship administration, international shipping brokerage, shipping freight index derivative exchange, shipping register and international air transportation, support and ensure the functional building of shipping hub in the PFTZ by making fair and efficient adjudication and normalizing shipping market activities.16. Give play to the dominant role of judicial protection for intellectual property right (IP). Utilize according to law the civil, administrative and criminal judicial protection measures, make more efforts to protect IP, lower the cost in safeguarding rights and raise the cost in tort. Give full protection to the legitimate rights and interests of IP owners, give play to the important role of incentive innovation in IP, arouse the innovative vitality, form a good market environment of respect for knowledge, innovation advocacy, credibility and law observance, and fair competition, and promote the innovation driving development, economic transformation and upgrading.17. Give legal support to quicken the shift of governmental functions. By discharging administrative trial duties according to law, support the PFTZ in deepening the reform of administrative management system so as to accelerate the shift of governmental functions, reform and innovate in the government administration mode, advance the institution of an administration system compatible with international high-standard investment and trade rule system. By the fair hearing of various administrative cases relating to administrative examination mode change, information opening, and market supervision and law enforcement, supervise and support law-based administration by administrative organs, give play to the overall link-up role of administrative judgment with civil and commercial trial, make efforts to provide judicial guarantee for the building of a law-based administration environment in line with the requirements of the PFTZ construction.18. Attach importance to the functional role of criminal justice maintaining market economy order. Strictly punish according to law the criminal activities of producing and selling counterfeit or inferior quality goods, commercial bribes, and infringement upon IP or property. According to legal provisions regarding the PFTZ deepening reforms and opening up wider, cautiously handle criminal cases relating to money laundry, smuggling, destroying financial administration order, jeopardizing company and enterprise management order and disturbing market order. Enhance communication and cooperation with relevant function departments, and pay attention to maintenance of economic order and social stability in the PFTZ.V. Strengthen the building of contingents, make efforts to build a contingent of judges that meets the requirements of the construction of the internationalized and law-based PFTZ19. Strengthen talent cultivation and optimize talent structure. Push forward the construction of a standardized, vocational and professional contingent, select and cultivate a batch of specialist and composite-type judges proficient in domestic and foreign laws and familiar with economy and prevailing investment and trade rules and conventions, and possessed of international vision, rich trial experience and strong trail ability to let them assume effectively the judicial responsibility of the PFTZ.20. Enhance study and training to improve judicial ability. Optimize the structure of knowledge, explore the mechanism of judges taking exercise on multi-post and cross-department study, strengthen training on economic and financial knowledge including the State’s macro-economic policy and international investment and trade, and improve study of knowledge regarding international commercial trade conventions and new trading modes so as to cultivate trial talent meeting the judicial demands of the PFTZ.