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HOME > Publications > Professional Articles > Shanghai Implementation Plans on Notice of the State Council on Several Measures for Supporting Deepened Reform and Innovation in Pilot Free Trade Zones

Shanghai Implementation Plans on Notice of the State Council on Several Measures for Supporting Deepened Reform and Innovation in Pilot Free Trade Zones

 2019-04-10
[Summary]In order to implement the guidelines set out in the Notice of the State Council on Several Measures for Supporting Deepened Reform and Innovation in Pilot Free Trade Zones (Guo Fa [2018] No. 38), to promote the China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as “Shanghai Pilot Free Trade Zone”) to achieve higher quality development at a new starting point, and to promote the linkage between the Shanghai Pilot Free Trade Zone and the city's reform, formulate this implementation plan based on actual conditions.

In order to implement the guidelines set out in the Notice of the State Council on Several Measures for Supporting Deepened Reform and Innovation in Pilot Free Trade Zones (Guo Fa [2018] No. 38), to promote the China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as “Shanghai Pilot Free Trade Zone”) to achieve higher quality development at a new starting point, and to promote the linkage between the Shanghai Pilot Free Trade Zone and the city's reform, formulate this implementation plan based on actual conditions.


I.      Optimize the investment environment

1.     Remove the requirement on proportion of foreign technicians in a foreign-invested engineering design enterprise in Shanghai. (Authorities-in-charge: Shanghai Municipal Housing Urban-Rural Construction Management Committee, and Shanghai Municipal Commission of Commerce)

2.     Remove the restrictions on foreign-invested recruitment agencies of more than three years of experience in the corresponding field in Shanghai. (Authorities-in-charge: Shanghai Municipal Human Resources and Social Security Bureau, and Shanghai Municipal Commission of Commerce)

3.     Promote the pilot reforms of comprehensive land use in the bonded area of Shanghai Pilot Free Trade Zone throughout the whole Shanghai Pilot Free Trade Zone. Under the premise of meeting the planning requirements, the land in the zone will be allowed to properly increase the plot ratio according to the functional requirements, and the same plot or the same building will be allowed to be compatible with  multiple functions as specified. (Authorities-in-charge and unit: Shanghai Municipal Planning and Resources Bureau, Pudong New Area)

4.     Carry out a pilot program of the land pricing model based on differential rent and supplemented by the nature of the land in the Shanghai Pilot Free Trade Zone. The industrial land shall be subject to flexible annual supply. According to industrial policies and project categories, land-use measures such as transfer-after-lease, differentiated annual transfer, etc., can be adopted to explore the establishment of a new model for land conservation and intensive use. (Authorities-in-charge and unit: Shanghai Municipal Planning and Resources Bureau, Pudong New Area)

 

5.     Examine and approve construction permits for construction projects, and the work safety permits for construction enterprises with the notification-commitment system. And such power should be delegated to Shanghai Pilot Free Trade Zone and further improve relevant policies. (Authority-in-charge: Shanghai Municipal Housing Urban-Rural Construction Management Committee)

6.     Replace the licensing system with the notification-commitment system for the application, upgrading and scope expansion of the qualification of construction enterprises governed by authorities at or below municipal level. (Authority-in-charge: Shanghai Municipal Housing Urban-Rural Construction Management Committee)

7.     The power to examine and approve the qualification permits for foreign investment in establishing entities in the construction industry (including supervision, inspection, valuation consulting, and all other construction-related entities) shall be delegated to Shanghai Pilot Free Trade Zone to promote implementation of more foreign-invested projects. (Authorities-in-charge and unit: Pudong New Area, Shanghai Municipal Housing Urban-Rural Construction Management Committee)

8.     Where a wholly foreign-invested enterprise in the construction industry in Shanghai contracts for sino-foreign joint construction projects, the restrictions on the investment proportion of Chinese and foreign parties in a construction project are not applicable. (Authority-in-charge: Shanghai Municipal Housing Urban-Rural Construction Management Committee)

9.     The restrictions on contracting scope specified in the Administrative Provisions on Foreign Investments in Construction Enterprises are no longer applicable to Hong Kong, Macao or Taiwan-invested construction enterprises set up in Pudong New Area, and shall be consistent with domestic enterprises. (Authorities-in-charge and unit: Shanghai Municipal Housing Urban-Rural Construction Management Committee, Pudong New Area)

10.  For foreign-invested engineering design enterprises (except for engineering survey enterprises) in Shanghai, the requirements of the engineering design performance certificate of engagement of engineering design in the foreign investor's country or region, and the company's overseas registration certificate shall be removed. (Authorities-in-charge and unit: Shanghai Municipal Housing Urban-Rural Construction Management Committee, Pudong New Area)

11.  Fully adopt record-filing system for non-governmental medical institutions in Pudong New Area in their allocation of Class B large medical equipment, and introduce a promotion plan in a timely manner to promote implementation in Shanghai. (Authority-in-charge and unit: Shanghai Municipal Health Commission, Pudong New Area)

12.  Medical institutions in Pudong New Area may, in light of their technical capability, conduct cutting-edge clinic medical technology research projects of stem cells according to relevant regulations. (Authorities-in-charge and unit: Shanghai Municipal Health Commission, Shanghai Municipal Drug Administration, Shanghai Municipal Market Supervision Bureau, Shanghai Customs, Shanghai Municipal Science and Technology Commission, Pudong New Area)

13.  Support the construction of stem cell production center, stem cell quality inspection service platform and national stem cell resource library, national stem cell clinical research function platform in Shanghai Pilot Free Trade Zone, and improve the protection mechanism of stem cell researchers and subjects. (Authorities-in-charge and unit: Shanghai Municipal Drug Administration, Shanghai Municipal Health Commission, Shanghai Municipal Market Supervision Bureau, Shanghai Municipal Science and Technology Commission, Pudong New Area)

14.  Expand the function of Zhangjiang cross-border science and technology supervision service center, establish a rapid review channel for stem cell products, and conduct clinical research after the rapid review and approval of foreign-listed stem cell products. (Authorities-in-charge and unit: Shanghai Municipal Drug Administration, Shanghai Municipal Health Commission, Shanghai Municipal Market Supervision Bureau, Shanghai Customs, Shanghai Municipal Science and Technology Commission, Pudong New Area)

15.  Deepen the reform of “Internet + taxation” in Shanghai, expand the scope of shared information between banks and tax authorities, promote the development of mobile terminals, and establish a credit sharing incentive mechanism. (Authorities-in-charge: Shanghai Municipal Taxation Bureau, Shanghai Banking and Insurance Regulatory Bureau)

16.  Open online taxpayer service system interface, support the docking with the enterprise financial software system, and realize the whole-process electronic enterprise taxation. (Authorities-in-charge: Shanghai Municipal Taxation Bureau)

17.  Delegate the power of preliminary examination and approval for the registration of permanent representative offices of foreign enterprises to Pudong New Area Market Supervision Bureau. (Authority-in-charge and unit: Shanghai Municipal Market Supervision Bureau, Pudong New Area)

18.  Promote the expansion function of China (Pudong) Intellectual Property Protection Center, support the establishment of comprehensive reception windows for patents and trademarks, and comprehensive reception programs for pledge registration of patents and trademarks, and accelerate the improvement of electronic processing efficiency by relying on "one-network service". (Authorities-in-charge and unit: Shanghai Municipal Market Supervision Bureau, Shanghai Municipal Intellectual Property Office, Pudong New Area)

19.  Further loosen up the restrictions on the qualification of shareholders of patent agencies in Pudong New Area. For a newly established limited-liability patent agency, no more than one-fifth of shareholders may be the Chinese citizens who are at least 18 years old without patent attorney qualification, and are able to work full-time in the patent agency. And in due course, it shall be expanded to Shanghai. (Authorities-in-charge: Shanghai Municipal Market Supervision Bureau, Shanghai Municipal Intellectual Property Office)

 

II.    Improving trade liberalization and facilitation

20.  Support more qualified enterprises outside special customs supervision zones of Shanghai Pilot Free Trade Zone to carry out bonded maintenance business, optimize the process of application for approval, return of deposits, etc., and explore the corporate credit guarantee system. (Authorities-in-charge and unit: Shanghai Customs, Shanghai Municipal Commission of Commerce, Shanghai Municipal Commission of Economy and Information, Shanghai Municipal Transportation Commission, Shanghai Municipal Finance Bureau)

21.  Accelerate the construction of a public service platform for bonded ship supply materials, simplify the operation procedures of relevant documents for ship maintenance spare parts and aviation equipment in the special customs supervision zones of the Shanghai Pilot Free Trade Zone, and support the bonded maintenance of aviation and shipbuilding department attachments to apply the “delivering in batches and making centralized declaration”supervision mode to improve the convenience of transit. (Authorities-in-charge: Shanghai Customs, Shanghai Municipal Commission of Commerce, Shanghai Municipal Commission of Economy and Information, Shanghai Municipal Transportation Commission, Shanghai Municipal Finance Bureau)

22.    Allow bonded maintenance enterprises registered in the special customs supervision area of Shanghai Pilot Free Trade Zone to try out multi-account interoperability management of bonded maintenance and bonded logistics, and encourage enterprises to operate in a multi-mode. (Authorities-in-charge: Shanghai Customs, Shanghai Municipal Commission of Commerce, Shanghai Municipal Commission of Economy and Information, Shanghai Municipal Transportation Commission, Shanghai Municipal Finance Bureau)

23.  Study and explore the possibility of property rights function of international railway waybill in Shanghai, making railway waybill as a document of L/C negotiation to improve international rail cargo transportation. (Shanghai Municipal Commission of Commerce, Shanghai Banking and Insurance Regulatory Bureau, Shanghai Railway Bureau)

24.  Under the premise of risk control and legal compliance, improve the pricing mechanism of parallel import automobiles in the Shanghai Pilot Free Trade Zone, promote the pilot enterprises to apply customs clearance facilitation measures such as pre-ruling price and summary taxation, formulate industrial support policies, and guide the whole chain operation of parallel import automobile business. (Authorities-in-charge and unit: Shanghai Municipal Commission of Commerce, Shanghai Municipal Commission of Economy and Information, Shanghai Customs, Pudong New Area)

25.  Further deepen the reform of the 3C certification for parallel import automobiles in the Shanghai Pilot Free Trade Zone, promote the establishment of standard conformity rectification sites in special customs regulatory areas; support the Pudong International Airport Port to become the designated port for parallel import automobiles, and promote the development of bonded storage and display of imported automobiles in Yangshan Bonded Port Area. (Authorities-in-charge: Shanghai Municipal Commission of Commerce, Shanghai Municipal Market Supervision Bureau, Shanghai Municipal Transportation Commission, Shanghai Municipal Commission of Economy and Information, Shanghai Customs)

26.  Carry out a pilot program for paperless registration administration for freely imported and exported technology in Pudong New Area. (Authority-in-charge, unit: Shanghai Municipal Commission of Commerce, Pudong New Area)

27.  Promote the construction of the international bulk commodity trading platform of the Shanghai Pilot Free Trade Zone, support the pilot programs of bill of lading transactions, letter of credit settlement, and pre-sales transactions, and explore the linkage mode of mutual recognition of warehouse receipts with Shanghai Futures Exchange. (Authorities-in-charge, unit: Shanghai Municipal Commission of Commerce, Shanghai Municipal Financial Work Bureau, Shanghai Customs, Pudong New Area)

28.  Support the Shanghai Free Trade Zone to carry out bulk commodity bonded, non-bonded and offshore business in accordance with laws and regulations. (Authorities-in-charge, unit: Shanghai Municipal Commission of Commerce, Shanghai Municipal Financial Work Bureau, Shanghai Customs)

29.  On the basis of the current regulatory policies, further promote the innovation of the supervision mode of the entry and exit of cultural relics through the special customs supervision area of the Shanghai Pilot Free Trade Zone, and designate the import and export inspection agencies within the special customs supervision area to undertake the inspection of the entry and exit of cultural relics, use an exit label and a temporary entry label, and promote the integrated operation of ports and bonded areas. (Authorities-in-charge, unit: Shanghai Municipal Cultural Relics Bureau, Shanghai Customs)

30.  Further improve the speed of approval of artwork entering the Shanghai Pilot Free Trade Zone within the special customs supervision area, and reduce the time from determining the list to allowing entry from 20 working days to 10 working days. (Authorities-in-charge: Shanghai Municipal Cultural Relics Bureau, Shanghai Customs)

31.  Improve pilot programs of customs tax guarantee insurance, promote more enterprises and insurance companies to participate in the pilot program, and effectively reduce the cost of trade import and export funds. (Authorities-in-charge: Shanghai Customs, Shanghai Banking and Insurance Regulatory Bureau, Shanghai Municipal Financial Work Bureau)

32.  Accelerate the sharing of data between Shanghai's international trade “single window” and national standard version, and optimize the process of obtaining air waybill data. (Authorities-in-charge, unit: Shanghai Municipal Commission of Commerce, Shanghai Customs, CAAC East China Regional Administration, Pudong New Area)  

33.  Accelerate cooperation with relevant industries such as banks, insurance, ports, e-commerce, etc., and promote the integration of more characteristics of the Shanghai Pilot Free Trade Zone into the Shanghai’s International Trade “single window”. (Authorities-in-charge, unit: Shanghai Municipal Commission of Commerce, Shanghai Customs, CAAC East China Regional Administration, Pudong New Area)

34.  Promote the docking between Shanghai's international trade “single window” and the ports in member economies of Asia-Pacific Model E-Port Network (APMEN), and realize interconnection with major ports along the “Belt and Road”. (Authorities-in-charge: Shanghai Municipal Commission of Commerce, Shanghai Customs) 

35.  Under the premise of compliance with the national port management regulations, priority will be given to examining the port opening projects within Shanghai Pilot Free Trade Zone, and further improve related policies. (Authority-in-charge: Shanghai Customs)

36.  Further optimize the filing management process for non-special-purpose cosmetics, establish a normalized regulatory service model, and expand the international trade platform for cosmetics. (Authorities-in-charge, unit: Shanghai Municipal Market Supervision Bureau, Shanghai Municipal Drug Administration Bureau)

37.  Support the Shanghai Free Trade Zone to build high-standard construction sites for imported fruits and edible aquatic animals, optimize the supervision mode, and improve the convenience of entry. (Authorities-in-charge, unit: Shanghai Customs, Shanghai Municipal Commission of Commerce, Pudong New Area)

38.  Promote Pudong International Airport and countries and regions alongside the “Belt and Road” to expand cargo-based fifth freedom traffic right arrangements, improve the airport flight support capacity, attract relevant national and regional airlines to open up routes through Shanghai. (Authorities-in-charge: Shanghai Municipal Transportation Commission, CAAC East China Regional Administration)

39.  Promote the delegation of the examination and approval of international express business (agency) operation license to the Shanghai Municipal Postal Administration, support domestic and foreign express enterprises to handle qualified international express declaration and inspection business within the non-special customs supervision zones of Shanghai Pilot Free Trade Zone, and promote the construction of Shanghai Post Express International Hub Center. (Authorities-in-charge: Shanghai Municipal Postal Administration, Shanghai Municipal Transportation Commission, Shanghai Customs)

40.  Accelerate the construction of ports for imported drugs and biological products, optimize the quarantine and inspection procedures for entry of biological materials and the procedures for examination and approval of imported drugs to further improve the timeliness of customs clearance. (Authorities-in-charge: Shanghai Municipal Drug Administration Bureau, Shanghai Customs)

 

III.  Promote financial opening up and innovation

41.  Promote the innovation of insurance business and products such as reinsurance, health insurance, credit insurance, and science and technology insurance in Shanghai, continuously improve the cross-border insurance service mode, support the Shanghai Insurance Exchange to explore and establish insurance demand information sharing platform, and focus on services such as property insurance co-insurance in the Yangtze River Delta region. (Authorities-in-charge: Shanghai Banking and Insurance Regulatory Bureau, Shanghai Municipal Financial Work Bureau)

42.  Promote the banking financial institutions in Shanghai to provide overseas institutions with RMB derivative products and other services according to relevant regulations under the premise of risk control and legal compliance. (Authorities-in-charge: Shanghai Headquarters of the People's Bank of China, Shanghai Banking and Insurance Regulatory Bureau, Shanghai Branch of the State Administration of Foreign Exchange, Shanghai Municipal Financial Work Bureau)

43.  On the basis of fulfilling the "three principles of the bank work", support the financial institutions in Shanghai to directly handle the domestic and foreign currency settlement business under the current accounts and the Spot and forward exchange, interest rates, commodities and other related derivatives transactions. (Authorities-in-charge: Shanghai Headquarters of the People's Bank of China, Shanghai Banking and Insurance Regulatory Bureau, Shanghai Branch of the State Administration of Foreign Exchange, Shanghai Municipal Financial Work Bureau)

44.  Further improve integrated function of foreign currency and Renminbi funds in free trade accounts and support the development of cross-border RMB business. (Authority-in-charge: Shanghai Headquarters of People's Bank of China)

45.  Encourage and support banking financial institutions in Shanghai Pilot Free Trade Zone to grant RMB-denominated loans to overseas institutions and overseas projects based on their real needs under the principle of prudence to meet the financing needs of "go global" enterprises in overseas investment, project construction, project contracting, and large equipment export. (Authorities-in-charge: Shanghai Headquarters of the People's Bank of China, Shanghai Banking and Insurance Regulatory Bureau, Shanghai Municipal Commission of Commerce, Shanghai Municipal Development and Reform Commission, Shanghai State-owned Assets Supervision and Administration Commission, Shanghai Municipal Financial Work Bureau)

46.  Promote banks to adopt paper-form transaction vouchers (must be confirmed by both parties of a transaction) issued by Shanghai Futures Exchange, Shanghai Technology Exchange and others in the Shanghai Pilot Free Trade Zone, instead of the trade contract between both parties, as a basis for examining trade authenticity. (Authorities-in-charge: Shanghai Banking and Insurance Regulatory Bureau, Shanghai Branch of the State Administration of Foreign Exchange, Shanghai Municipal Financial Work Bureau, Shanghai Municipal Science and Technology Commission)

47.  Optimize “Shanghai-Hong Kong Stock Connect” trading mechanism, promote “Shanghai-London Stock Connect”. (Authorities-in-charge: Shanghai Securities Regulatory Bureau, Shanghai Headquarters of the People's Bank of China, Shanghai Branch of the State Administration of Foreign Exchange)

48.  Study and expand the scope and quota of foreign investment targets and support eligible individuals in the Shanghai Pilot Free Trade Zone to carry out overseas securities investment in accordance with regulations. (Authorities-in-charge: Shanghai Securities Regulatory Bureau, Shanghai Headquarters of the People's Bank of China, Shanghai Branch of the State Administration of Foreign Exchange)

49.  Promote Shanghai pilot programs of securitization of intellectual property, speed up the construction of a pilot platform of the national intellectual property operation public service platform (Shanghai), promote cross-border intellectual property transactions, and carry out services for intellectual property transactions, overseas distribution and rights protection. (Authorities-in-charge: Shanghai Securities Regulatory Bureau, Shanghai Municipal Market Supervision Bureau, Shanghai Municipal Intellectual Property Office, Shanghai Municipal Financial Work Bureau, Shanghai Banking and Insurance Regulatory Bureau)

50.  Support more qualified banks to carry out direct liquidation between RMB and TWD, and allow domestic foreign exchange accounts of overseas institutions to access to time deposit business. (Authorities-in-charge: Shanghai Headquarters of the People's Bank of China, Shanghai Branch of the State Administration of Foreign Exchange)

51.  Accelerate the development of Shanghai International Energy Exchange, continue to promote the use of RMB for pricing and settlement in the cross-border trade of bulk commodities, launch more trading varieties, and support more foreign investors and intermediaries to participate. (Authorities-in-charge: Shanghai Headquarters of the People's Bank of China, Shanghai Municipal Financial Work Bureau, etc.)

52.  Banking financial institutions in Shanghai are allowed to lend interbank short-term RMB-denominated funds to foreign financial institutions according to relevant regulations, and further improve relevant policies. (Authority-in-charge: Shanghai Headquarters of the People's Bank of China)

53.  Support service platform organizations in Shanghai to apply for registration with the Asset Management Association of China as required to provide private equity investment fund services. (Authority-in-charge: Shanghai Banking and Insurance Regulatory Bureau, Shanghai Securities Regulatory Bureau)

 

IV.  Innovate Human Resource Guarantee Mechanism

54.  Carry out pilot program for flexible working system to support manufacturing enterprises in Pudong New Area to conclude with workers the short fixed-term labor contracts or the labor contracts whose term is determined based on the completion of certain workload during peak production seasons, and allow dispatched laborers to undertake temporary tasks of R&D positions in enterprise R&D centers. (Authority-in-charge, unit: Shanghai Municipal Human Resources and Social Security Bureau, Pudong New Area )

55.  Except for commercial human resources service organizations engaging in employment agency activities, carry out the filing management system for the establishment of talent intermediaries of sino-foreign joint investment or wholly foreign investment in Shanghai. (Authority-in-charge: Shanghai Municipal Human Resources and Social Security Bureau)

56.  Support Pudong New Area to formulate relevant incentives and rules to encourage enterprises to attract more foreign students in China to take a part-time job. (Authorities-in-charge, unit: Shanghai Municipal Education Commission, Shanghai Municipal Exit-Entry Administration Bureau, Shanghai Municipal Human Resources and Social Security Bureau, Pudong New Area)

57.  Deepen the construction of the “National Experimental Area of Comprehensive TCM Reform” in Pudong New Area, establish a service platform for disease prevention, research and transformation platform, etc., explore employment policies for non-health technicians in public medical institutions, and allow non-health technicians to carry out and engage in health care services after obtaining professional qualifications; improve the setting of pre-treatment related subjects in medical institutions, further enhance the ability of clinical services for pre-treatment, explore the incorporation of pre-treatment related fees in the scope of medical insurance reimbursement; and explore the addition of the pre-treatment subject as a new technical specialty or into the TCM internal medicine group, and into the evaluation sequence of technical title promotion. (Authorities-in-charge, unit: Shanghai Municipal Health Commission, Shanghai Municipal Human Resources and Social Security Bureau, Municipal Medical Insurance Bureau, Pudong New Area)

58.  Support Pudong New Area to introduce international planning professionals, and provide professional services to enterprises within the prescribed scope. (Authorities-in-charge, unit: Pudong New Area, Shanghai Municipal Human Resources and Social Security Bureau, Shanghai Municipal Housing Urban-Rural Construction Management Committee)

59.  Support Pudong New Area to formulate employment management and service rules under the non-standard employment form in the new formats, and carry out relevant pilots with the focus on the “four new economy”. (Authorities-in-charge, unit: Pudong New Area, Shanghai Municipal Human Resources and Social Security Bureau)

 

V.    Focus on organization and implementation

60.  Strengthen the reform linkage. Plan as a whole in promotion of all implementation measures with the task of the implementation of the comprehensive and deepening reform plan of the Shanghai Pilot Free Trade Zone. If conditions permit, make efforts to replicate and popularize the relevant measures in a wider range. Where relevant regulations, rules and documents need to be adjusted, they shall be handled in accordance with statutory procedures.

61.  Focus on full implementation. All units should actively strive for the support of the competent national authorities, and make clear the specific measures for implementation. In principle, all reform and innovation measures should be implemented in the first half of 2019.

62.  Ensure effectiveness. The Office of the Leading Group for the Promotion of Shanghai Pilot Free Trade Zone should strengthen the follow-up analysis,supervision and inspection of the implementation, organize and learn from the advanced experience of other free trade pilot zones, and improve the effectiveness of various measures.

 

This Implementation Plan shall take effect on March 31, 2019.


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