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China (Hebei) Pilot Free Trade Zone Administrative Measures

China (Hebei) Pilot Free Trade Zone Administrative Measures

(Summary description)The "Administrative Measures for the China (Hebei) Pilot Free Trade Zone" was adopted at the 65th executive meeting of the Provincial Government on October 10, 2019. It is hereby promulgated and shall come into force on the date of issuance.

China (Hebei) Pilot Free Trade Zone Administrative Measures

(Summary description)The "Administrative Measures for the China (Hebei) Pilot Free Trade Zone" was adopted at the 65th executive meeting of the Provincial Government on October 10, 2019. It is hereby promulgated and shall come into force on the date of issuance.

Information

Hebei Provincial People's Government

China (Hebei) Pilot Free Trade Zone Administrative Measures

  The "Administrative Measures for the China (Hebei) Pilot Free Trade Zone" was adopted at the 65th executive meeting of the Provincial Government on October 10, 2019. It is hereby promulgated and shall come into force on the date of issuance.

  Governor 

  October 28, 2019 

Chapter One General Provisions

  Article 1 In order to promote the construction of China (Hebei) Pilot Free Trade Zone and build the Pilot Free Trade Zone into a new highland for opening up to the outside world in the new era, according to the "Overall Plan for China (Hebei) Pilot Free Trade Zone" approved by the State Council (hereinafter referred to as " "Overall Plan") and relevant laws and regulations, combined with the actual situation of the province, formulate these measures. 

  Article 2 These Measures are applicable to the China (Hebei) Pilot Free Trade Zone (hereinafter referred to as the Pilot Free Trade Zone) established with the approval of the State Council. The pilot free trade zone covers the Xiongan area, Zhengding area, Caofeidian area and Daxing Airport area (hereinafter referred to as each area). 

  Article 3 The Pilot Free Trade Zone takes institutional innovation as the core, reproducibility and promotion as the basic requirements, fully implements the central government’s requirements for the Beijing-Tianjin-Hebei coordinated development strategy and the high-standard and high-quality construction of the Xiongan New Area, and actively undertakes the deconstruction of Beijing’s non-capital functions The transformation of scientific and technological achievements in Beijing and Tianjin will focus on building an important hub for international trade and logistics, a new industrialization base, a global innovation highland and an open development pioneer zone. Benchmarking with international advanced rules, forming more internationally competitive institutional innovations, promoting economic development quality reforms, efficiency reforms, and power reforms, striving to build free and convenient trade and investment, high-end high-tech industry clusters, open and innovative financial services, and inclusive government governance A high-standard and high-quality free trade zone with prudent and highly coordinated regional development. 

  Article 4 Pilot free trade zones shall promote existing pilot free trade zones that can replicate the experience of reform pilots, standardize and institutionalize the results of reform and innovation, and ensure that the experience of reform pilots produces practical results. 

  Article 5 The pilot free trade zone shall establish an innovation-oriented assessment and evaluation mechanism, encourage innovation, tolerate failure, and fully stimulate innovation vitality. 

Chapter II Management System

  Article 6 The China (Hebei) Pilot Free Trade Zone Promotion Work Leading Group (hereinafter referred to as the Leading Group) implements the Party Central Committee and the State Council’s guidelines and policies, decision resolutions, "Overall Plan" and relevant laws and regulations for establishing a pilot free trade zone. Responsible for the overall study of the rule of law construction, policy measures, and development planning of the pilot free trade zone, decide on major issues in the development of the pilot free trade zone, guide the reform pilot tasks, and coordinate with the relevant state departments, relevant cities in the province, and the free trade pilot zone of the Xiong’an New Area. Organize, lead, manage, and guide the construction and promotion of the pilot free trade zone. 

  Article 7 The Provincial People's Government shall, under the guidance and support of the State Council and relevant state departments, and in accordance with the "Overall Plan" formulate regulations and policies related to the construction and management of the free trade zone in accordance with the law. 

  Article 8 The Office of the Leading Group for Promotion of the China (Hebei) Pilot Free Trade Zone (China (Hebei) Pilot Free Trade Zone Office) is located in the Provincial Department of Commerce and is responsible for the daily work of the leading group. Each area of ​​the Pilot Free Trade Zone has established management committees. The Xiongan Area Management Committee is a working organization managed by the Xiongan New Area Management Committee. The Zhengding Area Management Committee, the Caofeidian Area Management Committee, and the Daxing Airport Area (Langfang) Management Committee are dispatched by the Shijiazhuang City Government, Tangshan City Government, and Langfang City Government. mechanism. Xiong’an New District, Shijiazhuang City, Tangshan City, and Langfang City are the main bodies responsible for the work in each area. The Working Office of China (Hebei) Pilot Free Trade Zone provides professional guidance to the management committees of each area. 

  Article 9 The leading group office shall perform the following duties: 

  (1) Carry out the policies and decision-making arrangements of the Party Central Committee, the State Council, the Provincial Party Committee and the Provincial Government on the work of the Pilot Free Trade Zone, implement the relevant national laws, regulations and regulatory documents on the construction of the Pilot Free Trade Zone, and draft Draft local regulations and rules of the Pilot Trade Zone and organize their implementation; 

  (2) To study and formulate development plans, policies and measures for the pilot free trade zone, and promote their implementation, and guide each area to implement the relevant administrative management systems of the pilot free trade zone; 

  (3) Organizing research on major issues related to the development of the pilot free trade zone, organizing the implementation of various reform and innovation measures in the pilot free trade zone, and researching and proposing policy recommendations for deepening the reform and innovation of the pilot free trade zone; 

  (4) Coordinating the related work of investment, trade, financial services, industrial development, and statistics in the Pilot Free Trade Zone, and coordinating the relevant work of the financial, customs, maritime, border inspection and other departments in the Pilot Free Trade Zone; 

  (5) Organize and implement relevant work such as national security review and anti-monopoly review in the pilot free trade zone, deepen the reform of decentralization, regulation and service, promote the construction of the business environment in the pilot free trade zone, and promote the establishment of a sound interim and ex post supervision system in each area; 

  (6) Do a good job in communication and coordination with relevant central departments and relevant state ministries and commissions, and actively seek policy support; do a good job in communication and coordination with relevant departments in Beijing; be responsible for guiding and coordinating work with each district management committee, and promoting cooperation with other regions Reform linkage and development linkage; 

  (7) Promote the implementation of pilot tasks in the pilot free trade zone, and be responsible for comprehensive evaluation, supervision and assessment of the construction and operation of the pilot free trade zone; 

(8) Statistically release relevant public information of the pilot free trade zone, and organize external publicity and exchanges in the pilot free trade zone; 

  (9) Undertake the tasks assigned by the Provincial Party Committee and the Provincial People's Government and the daily work of the leading group. 

  Article 10 Each district management committee shall perform the following duties:

  (1) Responsible for the implementation of the overall plan, implementation plan and various reform and innovation measures of the pilot free trade zone; 

  (2) Organize and implement the industrial layout and development and construction activities in the area, and coordinate and promote the construction of major investment projects; 

  (3) To study and solve the difficulties and problems in the reform and innovation of the area, summarize the experience in deepening the reform and innovation of the area, and put forward suggestions on innovation achievements that can be replicated and promoted; 

  (4) Undertaking the management of undertaking matters in accordance with the law, and doing a good job in government service, statistical analysis and important information release; 

  (5) Coordinating and managing the work related to each functional area; 

  (6) Coordinating the relevant work of the financial, customs, maritime affairs, border inspection, and civil aviation departments in the area; 

  (7) Perform national security review and anti-monopoly review related duties in accordance with the law;

  (8) Responsible for providing guidance, consulting and services to enterprises and related institutions; 

  (9) Complete other tasks assigned by the municipal party committee and people's government of the districted city, the party working committee and management committee of the Xiongan New District, and the work office of the China (Hebei) Pilot Free Trade Zone. 

  Article 11 The Daxing Airport area is located within the administrative area of ​​Beijing, and shall be managed in accordance with the relevant regulations of the Beijing Municipal People’s Government. 

  Article 12 The Provincial People's Government and its relevant departments shall, in accordance with the reform and development needs of the Pilot Free Trade Zone, delegate economic and social management powers to each district management committee in accordance with the law. 

Chapter III Investment Reform

  Article 13 The Pilot Free Trade Zone will further promote the reform of the foreign investment management system. Fully implement the pre-access national treatment plus negative list management system for foreign investment, promote the effective connection of pre-access and post-access management measures, and realize the equal access of various market entities to related industries, fields and businesses in accordance with the law. Explore the establishment of a foreign investment information reporting system. 

  Article 14 The free trade pilot zone relaxes market access for foreign capital. Foreign professionals who have obtained the qualifications of my country's first-class registered architect or first-class registered structural engineer are allowed to act as partners and establish construction engineering design firms in accordance with the corresponding qualification standards. Support the establishment of wholly foreign-owned business education and training and vocational skills training institutions. Support foreign investment in the establishment of air transport sales agency enterprises. Unify the investor qualification requirements of domestic and foreign human resources service institutions, which shall be examined and approved by the district management committee and reported to the provincial human resources and social security department for record. 

  Article 15 A foreign investment service system shall be established in the pilot free trade zone. Improve foreign investment promotion, project tracking services and complaint work mechanisms, deal with complaints in a timely manner, and protect the legitimate rights and interests of foreign investment. 

  Article 16 The pilot free trade zone is encouraged to formulate foreign investment promotion policies in accordance with the law, and foreign-invested enterprises and high-level talents that have made outstanding contributions to the development of the pilot free trade zone will be rewarded. 

Chapter IV Trade Facilitation

  Article 17 The pilot free trade zone actively improves the level of trade facilitation. In-depth implementation of classified supervision of cargo status in special customs supervision areas. Explore a tax guarantee system based on enterprises. The exhibits of the exhibition are allowed to be filed in advance, the exhibits are released by guarantee, and the exhibits are carried forward to the special customs supervision area for verification and cancellation after the exhibition. Study and carry out pilot trade adjustment assistance. Support the establishment of a comprehensive bonded zone in the Xiong'an area, the construction of an international shipping express supervision center in the Caofeidian area, and the launch of parallel import car trials. 

  Article 18 The Pilot Free Trade Zone actively develops international bulk commodity trade. Relying on existing trading venues to carry out spot trading of ore, steel, coal, timber, natural gas, grain, sugar and other bulk commodities in accordance with laws and regulations. Support the establishment of bonded delivery warehouses and cross-border trading platforms for bulk commodity futures. Support the development of ore blending business and improve the storage, distribution, processing and distribution systems. Develop international energy storage and distribution trade, allow commercial storage to lease commercial oil tanks from state-owned enterprises, support the delivery and storage of refined oil and bonded fuel oil, and allow enterprises in the Pilot Free Trade Zone to carry out blending and blending of bonded oil products under different tax codes. Support the construction of liquefied natural gas (LNG) storage and transportation facilities and improve the distribution system. 

  Article 19 The Pilot Free Trade Zone actively promotes the development of the shipping industry. Support the establishment of multimodal transport centers, foster and develop shipping companies, and support the establishment of shipping insurance institutions. Support the Caofeidian area to establish an international public platform for ship spare parts, an equipment renovation center and a ship parts market. 

  Article 20 The Pilot Free Trade Zone actively promotes the development of the air transport industry. Actively strive for the international air rights including the fifth freedom rights required for the construction of the Shijiazhuang Zhengding International Airport aviation hub, study and promote the application for the establishment of Class A low-altitude flight service stations in the Zhengding area in accordance with relevant regulations, and support the Zhengding area to establish a designated port for importing diamonds. Support Beijing Daxing International Airport to apply for the establishment of designated supervising operation sites for the import and export of other special commodities such as fruits, seeds and seedlings, edible aquatic animals, meat, and chilled aquatic products, and strengthen the cooperation between Beijing Daxing International Airport’s Airport Economic Zone and the Pilot Free Trade Zone Reform linkage and development linkage. 

Chapter 5 Financial Innovation

  Article 21 The pilot free trade zone expands the opening up of the financial industry. Support qualified commercial banks to register and establish financial asset investment subsidiaries. Support the establishment of direct selling banks, credit reporting agencies, etc. Support the pilot establishment of foreign-funded professional insurance institutions such as health insurance. Study and carry out pilot projects for qualified overseas limited partners (QFLP) and qualified domestic investment enterprises (QDIE), relax project investment restrictions, and increase the proportion of fund holdings. 

  Article 22 The pilot free trade zone deepens the reform of the foreign exchange management system. Relaxation of access conditions for the centralized operation and management of foreign exchange funds of multinational companies. Explore the entry of qualified financial leasing companies and commercial factoring companies into the inter-bank foreign exchange market. Enterprises whose foreign exchange management classification level for trade in goods are allowed to be classified as Class A do not need to open a pending verification account for their income from trade in goods.

Article 23 The Pilot Free Trade Zone promotes cross-border RMB business innovation. Support banks in the Pilot Free Trade Zone to issue overseas RMB loans in accordance with regulations, explore the cross-border transfer of domestic RMB trade financing assets and incorporate them into full-scale cross-border financing macro-prudential management, and support overseas parent companies of enterprises in the Pilot Free Trade Zone in accordance with relevant regulations Issuing RMB bonds in China. 

   Article 24: Build a pioneering zone for financial innovation in Xiongan area. Explore the regulatory "sandbox mechanism". Promote the third-party certification program for green finance, explore pilot projects for mandatory disclosure of environmental information, and establish international standards for green finance. Accelerate the cultivation of environmental rights trading markets for pollution emission rights, energy conservation, and water rights, and rely on existing trading venues to carry out spot trading of carbon emission rights, water rights, and new energy. Support the pilot equity crowdfunding in the Xiongan Equity Exchange. 

Chapter VI Industry Opening

  Article 25 The free trade pilot zone optimizes the quarantine and inspection process of special items for experiments that are collaboratively researched and developed globally by biomedicine. Establish a green channel for the import of materials, reagents and equipment for new drug research and development, exempt enterprises from one-time import drug clearance forms, and implement one-time approval and write-off in stages. Moderately relax the management of small-dose special chemical preparations for pharmaceutical research and development, and support the establishment of stocking warehouses in the free trade zone. Simplify the outbound air transport procedures for drug samples and intermediates within one kilogram. 

  Article 26: Build a biomedical platform in the Pilot Free Trade Zone. Support Shijiazhuang to build a port for imported drugs in accordance with laws and regulations, and establish a port for the first import of drugs and biological products. Establish a genetic testing technology application demonstration center and a public technology platform, support the clinical application of genetic sequencing technology, and support the development of pilot mass spectrometry for infectious microorganisms and rare diseases. 

  Article 27 The Pilot Free Trade Zone shall strengthen the research and innovation of biomedicine. Support qualified medical and health institutions in the Pilot Free Trade Zone to carry out stem cell clinical frontier medical technology research projects, and establish a green channel for project filing. 

  Article 28 Promote the innovation and development of life sciences and biotechnology in the Xiongan area. Encourage companies to conduct research on new technologies such as immune cell therapy, monoclonal antibody drugs, gene therapy, tissue engineering, etc., and allow companies to develop new biological therapy businesses in accordance with laws and regulations. Establish a filing system for clinical trials of human genetic resources. Support the construction of a gene data center in the Xiongan area. 

  Article 29 The Pilot Free Trade Zone promotes the development of the medical device industry. Carry out the pilot program of the medical device registrant system, optimize the approval process for the second-class medical device, and support the pilot program for cross-regional production of medical devices. 

  Article 30 The Pilot Free Trade Zone promotes the innovative development of imported high-end equipment remanufacturing. Support the construction of national imported high-end equipment remanufacturing industry demonstration parks, and pilot imported remanufacturing of large-scale high value-added equipment and key components such as CNC machine tools and oil drilling products. 

  Article 31 The free trade pilot zone optimizes the import and export process of equipment manufacturing products. Relax the import and export management of after-sales maintenance of high-end equipment manufacturing products, and appropriately extend the return period of after-sales maintenance equipment and spare parts. Exemption from pre-shipment inspection for qualified entry maintenance exports. Improve the return and exchange system for equipment manufacturing export products, and allow export companies to handle the return and exchange business for overseas users in accordance with the "export first and then return" method. It is allowed to import second-hand R&D special key equipment whose entry period does not exceed one year. Simplify the 3C certification exemption procedures for non-civilian imported electromechanical equipment. 

  Article 32: Support the development of digital business in the Xiongan area. Develop high-end digital trade formats such as big data transactions, data centers, and digital content. Support the establishment of a comprehensive service platform for digital trade. Explore digital trade development rules in line with national conditions and participate in the formulation of international trade rules and agreements for data assets. Explore a digital trade supervision model that balances safety and efficiency. 

  Article 33: Support the transaction of data assets in the Xiongan area. Promote the pilot reform of public data utilization, establish big data asset evaluation pricing, transaction rules, standard contracts and other policy systems, rely on existing trading venues to carry out data asset transactions, and promote technologies based on blockchain, electronic identity (eID) confirmation and authentication Big data credible transactions support the development of data asset management, security assurance, data transactions, settlement, delivery, and financing. 

  Article 34: Support the Xiongan area to carry out digital content processing operations. Construct a direct data link from the Xiongan area to the international communications service entrance and exit bureau. Support the development of data service outsourcing business. Explore the establishment of digital content processing and operation centers in the digital business development demonstration zone, and carry out digital content processing and operation services in accordance with laws and regulations. 

Chapter 7 Coordinated Development

  Article 35 Promote the collaborative innovation of the Beijing-Tianjin-Hebei industry. Support the in-depth cooperation and innovative development of Beijing Zhongguancun, Tianjin Binhai New Area and the Pilot Free Trade Zone. Support the establishment of an international scientific community or scientific and technological organization headquartered in the Xiongan area. 

  Article 36 Promote the cross-regional flow of elements of Beijing, Tianjin and Hebei. Support Beijing's non-capital functions to be transferred to the pilot free trade zone. After the enterprises that have obtained production and operation qualifications and certifications in Beijing and Tianjin have moved to the pilot free trade zone, they will continue to enjoy the original qualifications and certifications after review. Qualified enterprises in Beijing and Tianjin are allowed to continue to use their original enterprise names after changing their registration places to the pilot free trade zone. 

Chapter 8 Risk Prevention

  Article 37 The pilot free trade zone takes risk prevention and control as the bottom line, based on classified supervision, coordinated supervision, and intelligent supervision, to comprehensively improve the level of risk prevention and safety supervision. Innovate administrative management methods in the pilot free trade zone, and form a comprehensive governance system of market subject self-discipline, industry autonomy, social supervision, and government supervision.

  Article 38 The pilot free trade zone shall cooperate in the safety review of foreign investment. Improve the comprehensive "going out" service and risk prevention and control system, and support "going out" enterprises to obtain loans with overseas assets, equity, and mining rights as collateral. 

  Article 39: Support the pilot free trade zone to strengthen the identification of major financial risks and the prevention of systemic financial risks, crack down on various illegal financial activities in accordance with the law, and strengthen anti-money laundering, anti-terrorist financing, and anti-tax evasion work. 

  Article 40 For enterprises in the digital content-related industries in the Digital Business Development Demonstration Zone in the Xiong'an Area, establish and improve a supervision mechanism during and after the event, and achieve full supervision through content review, industry self-discipline, trustworthy incentives, and black and white lists. Guide enterprises to strengthen the protection of personal privacy information, and promptly announce and update their policies for collecting and using personal information. Establish a data breach incident reporting system. 

Chapter 9 Business Environment

  Article 41 The Pilot Free Trade Zone shall deepen the reform of simplifying administration and delegating power, combining decentralization, optimizing service, improving administrative efficiency, intensifying institutional innovation and government function transformation, strengthening the fundamental position of competition policy, and building a world-class business surroundings. 

  Article 42 The pilot free trade zone implements the "separation of licenses and licenses" reform for full coverage, and promotes the reduction of licenses and simplification of approval for business license matters related to enterprises. 

  Article 43 The Pilot Free Trade Zone shall comprehensively carry out the reform of the examination and approval system for construction projects, realize "one-port acceptance", "two final inspections", and implement reforms such as "combination of letters and certifications" and "filling for gaps. Explore and implement a new model of investment project management before construction. For construction projects with low environmental impact and low environmental risks, explore and implement an environmental impact assessment commitment filing system, and implement similar exemptions or simplified models for environmental permits and site surveys for construction projects. 

  Article 44 The Pilot Free Trade Zone shall strengthen the protection of intellectual property rights, set up intellectual property service workstations, establish and improve intellectual property evaluation mechanisms, pledge registration systems, pledge financing risk sharing mechanisms, and convenient and efficient pledge disposal mechanisms. Establish a sub-center for assistance in protecting intellectual property rights in medicine. 

  Article 45 The pilot free trade zone shall establish a system of cross-regional qualification recognition and two-way appointment of talents in the Beijing-Tianjin-Hebei region, and retain or adjust the benefits and professional title evaluation according to personal wishes. 

  Article 46 The development and utilization of land in the Pilot Free Trade Zone shall comply with the laws and regulations on land utilization, ecological environment protection, urban and rural planning, conform to the overall land use planning and urban and rural planning, and meet the relevant requirements for economical and intensive land use; if it involves the ocean, it shall also Comply with the relevant provisions of laws and regulations such as the "Law of the People's Republic of China on the Management of the Use of Sea Areas" and "The Marine Environmental Protection Law of the People's Republic of China". 

  Article 47 The pilot free trade zone shall establish an information release mechanism, and release relevant information on the pilot free trade zone in a timely manner through press conferences, regular information bulletin meetings or written releases. 

  Article 48 The Working Office of the China (Hebei) Pilot Free Trade Zone shall establish a statistical information reporting system, and each district management committee and relevant administrative departments shall submit relevant statistical information in accordance with regulations. 

  Article 49 Strengthen environmental protection work in pilot free trade zones. Encourage enterprises in the zone to apply for internationally accepted environmental and energy management system standard certification, adopt advanced production techniques and technologies, save energy, and reduce pollutants and greenhouse gas emissions. 

  Article 50 The pilot free trade zone shall implement existing relevant taxation policies and implement relevant taxation policies for promoting investment and trade in accordance with national regulations. 

  Article 51 The pilot free trade zone shall establish an evaluation mechanism to conduct comprehensive and special evaluation of the implementation of pilot policies in accordance with national regulations, and when necessary, entrust a third-party evaluation agency to conduct independent evaluation. 

  Article 52 The Pilot Free Trade Zone shall establish an anti-monopoly working mechanism, and conduct investigations and enforcement of monopolistic activities involving enterprises in the zone. 

  Article 53 The Pilot Free Trade Zone shall establish international arbitration and commercial mediation systems, and improve dispute mediation, legal aid, and arbitration working mechanisms. Establish a fair, open, efficient and convenient labor security supervision and labor dispute resolution mechanism to protect the legitimate rights and interests of laborers and employers in accordance with the law. 

Chapter 10 Supplementary Provisions

  Article 54 After the implementation of these Measures, relevant policies and measures issued by the province are conducive to promoting the development of pilot free trade zones, the pilot free trade zones may be directly applicable. 

  The people's government of the city where each area is located and the management committee of the Xiong'an New District shall formulate relevant supporting policies and measures in accordance with the "Overall Plan" and these Measures, in combination with local conditions. 

  Article 55: If the pilot reform measures for investment, trade, finance, taxation, and other reforms in pilot free trade zones as prescribed by the state are adjusted, or other regional reform pilot measures prescribed by the state are applicable to pilot free trade zones, they shall be implemented in accordance with national regulations. 

  Article 56 These Measures shall be implemented from the date of issuance.

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