Tentative Administrative Measures for China (Guangdong) Pilot Free Trade Zone
Tentative Administrative Measures for China (Guangdong) Pilot Free Trade Zone
Tentative Administrative Measures for China (Guangdong) Pilot Free Trade Zone
Order of the People's Government of Guangdong Province No.213
April 20, 2015
The Tentative Administrative Measures for China (Guangdong) Pilot Free Trade Zone, adopted at the 42nd executive meeting of the 12th session of the People's Government of Guangdong Province on February17, 2015, are hereby promulgated for implementation as of the date of promulgation.
Zhu Xiaodan, Governor
Tentative Administrative Measures for China (Guangdong) Pilot Free Trade Zone
Chapter I General Provisions
Article 1 With a view to promoting and supporting the development of China (Guangdong) Pilot Free Trade Zone, the Tentative Administrative Measures for China (Guangdong) Pilot Free Trade Zone (hereinafter referred to as the "Measures") are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Administrative Approvals under the Relevant Laws in China (Guangdong) Pilot Free Trade Zone, China (Tianjin) Pilot Free Trade Zone, China (Fujian) Pilot Free Trade Zone and the Extended Area of China (Shanghai) Pilot Free Trade Zone, the Overall Plan for China (Guangdong) Pilot Free Trade Zone approved by the State Council and relevant laws and regulations, and in combination with the actualities of Guangdong Province.
Article 2 The Measures apply to China (Guangdong) Pilot Free Trade Zone (hereinafter referred to as the "GDFTZ") established upon the approval of the State Council. GDFTZ covers Nansha Area of Guangzhou, Qianhai and Shekou Area of Shenzhen and Hengqin Area of Zhuhai.
Article 3 GDFTZ shall rely on Hong Kong and Macao, serve the mainland and face the world. It shall, with system innovation as the core, promote in-depth economic cooperation between the mainland and Hong Kong and Macao, further promote service trade liberalization in Guangdong Province, Hong Kong and Macao, strengthen function integration of international trade and deepen the opening-up and innovation in the financial field. It shall also make efforts to make innovations in supervision service mode, establish an administration system in line with the international investment and trade rules system and foster an international, legal and market-oriented business environment so as to explore new methods and accumulate new experience for comprehensively deepening reform and expanding opening-up in the country.
Chapter II Administration System
Article 4 GDFTZ shall, on the principles of overall administration and responsibilities delegated to different levels with competency and efficiency, establish a provincial administration of GDFTZ and an administration of each area of GDFTZ.
Article 5 The People's Government of Guangdong Province shall set up a leadership coordination body for GDFTZ, which is responsible for the overall study of regulations and policies as well as development plans for GDFTZ, deciding upon study the significant matters concerning the development of GDFTZ, making overall guidance on the pilot reform tasks and coordinating with relevant departments of the State, Hong Kong, Macao and the relevant cities on matters in respect of GDFTZ.
Article 6 The Office for China (Guangdong) Pilot Free Trade Zone, established by the People's Government of Guangdong Province, shall perform the following responsibilities in accordance with the Measures:
1. to implement the national guidelines, policies, laws, regulations and systems concerning the development of GDFTZ;
2. to study and promote the introduction of policies on comprehensive reform, investment, trade, finance and human resources for GDFTZ and to guide the implementation of such policies;
3. to coordinate with relevant departments of the State and the province, Hong Kong, Macao and relevant cities on specific matters in respect of GDFTZ;
4. to promote the administration of each area to establish and improve the system of interim and ex post regulation;
5. to check the implementation of regulations and policies in each area of GDFTZ and make comprehensive assessment of the running of GDFTZ;
6. to conduct statistics and release the public information in respect of GDFTZ and organize external publicity and communications for GDFTZ;
7. to undertake the routine work of the leadership coordination body of GDFTZ; and
8. to undertake other responsibilities delegated by the People's Government of Guangdong Province.
Article 7 GDFTZ shall, by relying on the existing administration, establish an administration in each area of GDFTZ, which is responsible for the specific matters in respect of each area of GDFTZ. The responsibilities of the administration in each area shall be separately defined by the people's governments of Guangzhou City, Shenzhen City and Zhuhai City, respectively, in accordance with the Measures.
The relevant departments of the People's Government of Guangdong Province shall delegate administrative authority in accordance with the requirement that the administration in each area exercises the administration authority at the provincial level, strengthen the coordination and guidance to the administrations in various areas of GDFTZ, and support various kinds of work of GDFTZ.
Chapter III Investment Management
Article 8 GDFTZ shall adopt the management mode of pre-establishment national treatment plus negative list for foreign investment. For the areas outside the scope of negative list, GDFTZ shall adopt the record-filing system for foreign investment projects (except for domestic investment projects subject to approval as regulated by the State Council); the establishment and change of foreign-funded enterprises and their contracts and articles of association are subject to filing-based administration.
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