(Adopted at the 12th Session of the Standing Committee of the 12th National People's Congress on December 28, 2014)
With a view to further deepening reform and expanding liberalization, and accelerating the transformation of government functions, it has been decided at the 12th Session of the Standing Committee of the 12th National People's Congress that the State Council is authorized to temporarily adjust relevant administrative examination and approval items (see Appendix hereto for the list) prescribed under the Law of the People's Republic of China on Foreign-invested Enterprises, the Law of the People's Republic of China on Sino-foreign Equity Joint Ventures, the Law of the People's Republic of China on Sino-foreign Contractual Joint Ventures and the Law of the People's Republic of China on Protecting the Investment by Taiwanese Compatriots that are applicable to foreign investments other than those subject to special market entry management measures prescribed by the State in the China (Guangdong) Pilot Free Trade Zone, the China (Tianjin) Pilot Free Trade Zone, the China (Fujian) Pilot Free Trade Zone and the expanded areas of the China (Shanghai) Pilot Free Trade Zone. Adjustments to the said administrative examination and approval items shall be implemented on a trial basis for three years, after which relevant laws shall be revised and fine-tuned for those adjustments proved to be feasible in practice, while the original legal provisions shall be restored for items for which the adjustments are proved to be unsuitable in practice.
This Decision shall come into effect on March 1, 2015.
Boundaries of the China (Guangdong) Pilot Free Trade Zone, the China (Tianjin) Pilot Free Trade Zone, the China (Fujian) Pilot Free Trade Zone and the Expanded Areas of the China (Shanghai) Pilot Free Trade Zone
1. Boundaries of the China (Guangdong) Pilot Free Trade Zone
(1) Total 60 square kilometers of Guangzhou Nansha New Area (including 7.06 square kilometers of Guangzhou Nansha Bonded Port Zone)
Boundaries: The Haigang block shall cover 15 square kilometers. Haigang block No. 1 shall cover a total of 13 square kilometers of the Longxue Island operation area whose eastern boundary is Humen waterway, southern boundary is the southern extension of the Nansha Port project phrase three, western boundary is south Longxue waterway and northern boundary is the northern extension of the Nansha Port project phrase one (specifically, the harbor areas and the logistics areas of the Nansha Bonded Port Zone shall cover 5.7 square kilometers). Haigang block No. 2 shall cover 2 square kilometers of the Shazi Island operation area. The pearl bay start-up area shall cover 9 square kilometers whose eastern boundary is Huanshi Avenue, southern boundary is down Hengli waterway, western boundary is Lingxin Avenue of Lingshan Island and Phoenix Avenue of Hengli Island, and northern boundary is Jingzhu Expressway, excluding Jiaomen River waterway and waters within the upper Hengli waterway. The Nansha hub block shall cover 10 square kilometers whose eastern boundary is south Longxue waterway, southern boundary is Shenmao Passageway, western boundary is Lingxin Avenue and northern boundary is Sanzhen Avenue. The Qingsheng hub block shall cover 8 square kilometers whose eastern boundary is Xiaohuli waterway, southern boundary is the special Guangzhou–Shenzhen–Hong Kong Passenger Transport Link, western boundary is Jingzhu Expressway and northern boundary is Shawan waterway. The Nansha bay block shall cover 5 square kilometers whose eastern boundary is Humen waterway, southern boundary is Jiaomen waterway, western boundary is the boundary separating Huangshan and Lushan, and northern boundary is the Humen Pearl River Bridge, excluding Dajiao Mountain massif. The Jiaomen River central district block shall cover 3 square kilometers whose eastern boundary is Jinlong Road, southern boundary is Shuangshan Avenue, western boundary is Phoenix Avenue and northern boundary is Siyan Jiao (i.e. Siyan tributary). The processing and manufacturing industry block of the Wanqingsha Bonded Port Area shall cover 10 square kilometers whose eastern boundary is southern Longxue waterway, southern boundary is the 11th river branch of Wanqingsha, western boundary is Lingxin Expressway and northern boundary is the 8th river branch of Wanqingsha (specifically, the processing block of the Nansha Bonded Port Zone shall cover 1.36 square kilometers).
(2) Total 28.2 square kilometers of Shenzhen Qianhai and Shekou block
Boundaries: The Qianhai block shall cover 15 square kilometers whose eastern boundary is Moon Bay Avenue, southern boundary is Mawan Avenue, western boundary is the seaside water front, and northern boundary is Shuangjie River and Bao'an Avenue (specifically, the Shenzhen Qianhai Bay Bonded Port Zone shall cover 3.71 square kilometers whose eastern boundary is Chanwan Road, southern boundary is the boundary aligning Pingnan Railway, Mawan Avenue and the northern side of Mawan Electric Power Plant, western boundary is the wharf water front of Mawan Port areas, and northern boundary is the boundary aligning Mawan Avenue, the northern side of Castrol south fuel plant, Xinghai Avenue and Linhai Road). The Shekou Industrial Zone block shall cover 13.2 square kilometers whose eastern boundary is Houhai Avenue-Jinhai Road-Airong Road-Zhaoshang Road-Shuiwan Road, southern boundary is Shenzhen Bay, western boundary is the Pearl River mouth, and northern boundary is Dongbin Road, the foot of Danan Mountain, Chiwan Liu Road and Chiwan Er Road.
(3) Total 28 square kilometers of the Zhuhai Hengqin New Area block
Boundaries: The Macao-adjacent block shall cover 6.09 square kilometers whose eastern boundary is Qixinxia waterway, southern boundary is the northern foot of Dahengqin Mountain, western boundary is Zhiyin Avenue and northern boundary is the southern foot of Xiaohengqin Mountain. The leisure and tourism block shall cover 10.99 square kilometers whose eastern boundary is Qixinxia waterway, southern boundary is the South China Sea, western boundary is Modaomen waterway and northern boundary is Dahengqin Mountain. The cultural and creative industry block shall cover 1.47 square kilometers whose eastern boundary is the eastern river of Tianyu Avenue, southern boundary is Hengqin Avenue, western boundary is Yiwen Er Avenue and northern boundary is Gang'ao Avenue. The scientific and technological research and development block shall cover 1.78 square kilometers whose eastern boundary is Yiwen San Avenue, southern boundary is the northern foot of Dahengqin Mountain, western boundary is Kaixin Yi Avenue and northern boundary is Gang'ao Avenue. The high-tech block shall cover 7.67 square kilometers whose eastern boundary is Kaixin Er Avenue, southern boundary is the northern foot of Dahengqin Mountain, western boundary is Modaomen waterway and northern boundary is Shengzhou Ba Avenue.
2. Boundaries of the China (Tianjin) Pilot Free Trade Zone
(1) Total 30 square kilometers of the Tianjin Port block
Boundaries: eastern boundary is the Bohai Bay, southern boundary is the main channel of the Port of Tianjin, western boundary is the reverse "F" harbor basin and Xizang Road, and northern boundary is the estuary of the new Yongding River.
(2) Total 43.1 square kilometers of the Tianjin Airport block
Boundaries: eastern boundary is the Jishan Expressway, southern boundary is the Jinbin Expressway, Minzu Road and Jinbei Highway, western boundary is the eastern side of the green belt of the Outer Ring Road, and northern boundary is the Jinhan Expressway, Dongsi Avenue and Yangbei Highway.
(3) Total 46.8 square kilometers of the central business district block of Binhai New Area
Boundaries: eastern boundary is Linhai Road, Dongdi Road, No. 2 Xingang Road, the main channel of the Port of Tianjing, the ship lock of the Port of Tianjin, Hai River, Zhanan Road, Guihua Road, Shiyou Xincun Road, Dagu water drainage river and Donghuan Road, southern boundary is North Wuliu Road and the western extension of North Wuliu Road, western boundary is Dagu water drainage river, Henan Road, Haimen Bridge and Hebei Road, and northern boundary is East Dalian Avenue, Central Avenue, No. 3 Xingang Road, Binhai Avenue and the northern fence of the Tianjin Port Bonded Zone.
3. Boundaries of the China (Fujian) Pilot Free Trade Zone
(1) Total 43 square kilometers of the Pingtan block
Boundaries: The port economy and trade block shall cover 16 square kilometers whose eastern boundary is Beicuo Road and Jinjing San Road, southern boundary is Dashanding, western boundary is the Haitan Strait and northern boundary is Jinjing Bay Avenue. The high-tech industrial block shall cover 15 square kilometers whose eastern boundary is Zhongyuan Liu Road, southern boundary is Qilin Road, western boundary is Tanxi Avenue and northern boundary is South Wayao Road. The leisure and tourism block shall cover 12 square kilometers, whose eastern boundary is Tannan Bay, southern boundary is Shanqi Ao (i.e. Shanqi Bay), western boundary is Zhaishan Road and northern boundary is North Aoqian Road.
(2) Total 43.78 square kilometers of the Xiamen block
Boundaries: The core area of the Xiamen Cross-strait Trading Center shall cover 19.37 square kilometers, including 0.6 square kilometers of the Xiangyu Free Trade Zone (fully closed for customs operations) and 0.7 square kilometers of the Xiangyu Bonded Logistics Park (with 0.26 square kilometers already closed for customs operations). The core area of the Xiamen Cross-strait Trading Center is adjacent to the sea in the northern, western and eastern sides, with its southern boundary at Shugang Road, Chenggong Avenue and Fangzhong Road. The Haicang Port Area of the Southeast China International Shipping Center shall cover 24.41 square kilometers, including 9.51 square kilometers of the Xiamen Haicang Bonded Port Area (with 5.55 square kilometers already closed for customs operations). Its eastern boundary is Xiamen's western waters, southern boundary is adjacent to the sea, western boundary is the Xiamen Zhangzhou Bridge, and northern boundary is Jiaosong Road, Nanhai Road, Nanhai San Road and Xinggang Road.
(3) Total 31.26 square kilometers of the Fuzhou block
Boundaries: The Fuzhou Economic and Technological Development Zone shall cover 22 square kilometers, including 0.6 square kilometers of the Fuzhou Free Trade Zone (fully closed for customs operations) and 1.14 square kilometers of the Fuzhou Export Processing Zone (with 0.436 square kilometers already closed for customs operations). As regards the Majiang-Kuai'an block, its eastern boundary is Hongshan oil depot, southern boundary is along the banks of the Minjiang River, western boundary is the boundary of Gushan Town and northern boundary is the foot of Gu Mountain; as regards the Chang'an block, its eastern boundary is along the side of the Minjiang River, southern boundary is Dongjie Mountain in Tingjiang Town, western boundary is Luochang Highway and massif, and northern boundary is the boundary of Guantou Town; as regards Nantai Island District, its eastern boundary is Sanhuan Road, southern boundary is Linpu Road, western boundary is South Qianheng Road and northern boundary is the water front of the Minjiang River; and, as regards Langqi District, its eastern boundary is Huandao Road, southern boundary is Jindao Road at Minjiang Wharf, western boundary is along the side of the Minjiang River and northern boundary is the boundary of the planned road. The Fuzhou Bonded Port Area shall cover 9.26 square kilometers (with 2.34 square kilometers already closed for customs operations). As regards its Zone A, the eastern boundary is the western port, the southern boundary is Xinjiang Highway, the western boundary is Jingqi Road and the northern boundary is Weiliu Road; and as regards its Zone B, the eastern boundary is No. 14 berth, the southern boundary is Xinghua Bay, the western boundary is the tidal-flat area and the northern boundary is Xinglin Road.
4. Boundaries of the expanded areas of the China (Shanghai) Pilot Free Trade Zone
(1) Total 34.26 square kilometers of the Lujiazui Financial District block
Boundaries: eastern boundary is Jiyang Road, South Pudong Road, Longyang Road, Jinxiu Road and Luoshan Road, southern boundary is the Middle Ring Road, western boundary is the Huangpu River and northern boundary is also the Huangpu River.
(2) Total 20.48 square kilometers of the Jinqiao development block
Boundaries: eastern boundary is the green belt of the Outer Ring Expressway, southern boundary is East Jinxiu Road, western boundary is Yanggao Road and northern boundary is Jufeng Road.
(3) Total 37.2 square kilometers of the Zhangjiang hi-tech block
Boundaries: eastern boundary is the Outer Ring Expressway and Shenjiang Road, southern boundary is the Outer Ring Expressway, western boundary is Luoshan Road and northern boundary is Longdong Avenue.
List of Administrative Examination and Approval Items Prescribed by Pertinent Laws That the State Council Is Authorized to Temporarily Adjust in the China (Guangdong) Pilot Free Trade Zone, the China (Tianjin) Pilot Free Trade Zone, the China (Fujian) Pilot Free Trade Zone and the Expanded Areas of the China (Shanghai) Pilot Free Trade Zone
Serial No.: 1 Title: Examination and approval of the establishment of foreign-invested enterprises Legal provisions: Article 6 of the Law of the People's Republic of China on Foreign-invested Enterprises:"An application for the establishment of a foreign-invested enterprise shall be subject to the examination and approval of the competent department of foreign trade and economic cooperation of the State Council or an organ authorized by the State Council. An examination and approval authority shall decide to approve or not to approve the application within 90 days upon receipt thereof." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No.: 2 Title: Examination and approval of the division, merger or other major changes of foreign-invested enterprises Legal provisions: Article 10 of the Law of the People's Republic of China on Foreign-invested Enterprises:"The division, merger or other major changes of a foreign-invested enterprise shall be reported to the relevant examination and approval authority for approval, and be subject to the formalities for change of registration with the relevant administration for industry and commerce." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No: 3 Title: Examination and approval of the operating period of foreign-invested enterprises Legal provisions: Article 20 of the Law of the People's Republic of China on Foreign-invested Enterprises:"The operating period of a foreign-invested enterprise shall be declared by the foreign investor and be approved by the relevant examination and approval authority. Where the operating period needs to be extended upon expiry, an application shall be submitted to the examination and approval authority 180 days prior to the expiry, and the said authority shall decide to approve or not to approve the application within 30 days upon receipt thereof." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No.: 4 Title: Examination and approval of the establishment of Sino-foreign equity joint ventures Legal provisions: Article 3 of the Law of the People's Republic of China on Sino-foreign Equity Joint Ventures:"The equity joint venture agreement, contract and articles of association signed by the parties to an equity joint venture shall be reported to the competent department of foreign trade and economic cooperation of the State (hereinafter referred to as the "Examination and Approval Authority") for examination and the approval. The Examination and Approval Authority shall decide to approve or not to approve the same within three months. Once approved, an equity joint venture shall apply for registration with the competent administrative department for industry and commerce of the State, and shall collect the business license before commencing operations." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No: 5 Title: Examination and approval of the extension of the operating period of Sino-foreign equity joint ventures Legal provisions: Article 13 of the Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures:"The operating period of equity joint ventures shall be agreed upon by the parties concerned differently according to different industries and different situations. A pre-agreed operating period is required for equity joint ventures in certain industries, while the operating period may or may not be agreed upon in advance for those in some other industries. Where all parties to an equity joint venture with a pre-agreed operating period consent to extending the operating period, an application shall be submitted to the relevant examination and approval authority six months prior to the expiry of the operating period, and the examination and approval authority shall decide to approve or not to approve the application within one month upon receipt thereof." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No: 6 Title: Examination and approval of the dissolution of Sino-foreign equity joint ventures Legal provisions: Article 14 of the Law of the People's Republic of China on Sino-foreign Equity Joint Ventures:"Where an equity joint venture incurs heavy losses or falls under circumstances of force majeure, or where a party thereto fails to fulfill its obligations under relevant contracts and the articles of association, with the consent of all parties to the equity joint venture upon consultation, the contract on the equity joint venture may be terminated after being submitted to the relevant examination and approval authority for approval, and after being registered by the competent administrative department for industry and commerce of the State. If losses are caused due to breach of the said contract, the party in breach shall bear the financial responsibilities." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No: 7 Title: Examination and approval of the establishment of Sino-foreign contractual joint ventures Legal provisions: Article 5 of the Law of the People's Republic of China on Sino-foreign Contractual Joint Ventures:"To apply for the establishment of a contractual joint venture, an applicant shall submit the agreement, contract, articles of association and other documents signed by and between the Chinese and foreign partners to the competent department of foreign trade and economic cooperation of the State Council or the department and local government authorized by the State Council (hereinafter referred to as the "Examination and Approval Authority") for examination and approval. The Examination and Approval Authority shall decide to approve or not to approve the application within 45 days upon receipt thereof." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No: 8 Title: Examination and approval of major changes to the agreements, contracts or articles of associations of Sino-foreign contractual joint ventures Legal provisions: Article 7 of the Law of the People's Republic of China on Sino-foreign Contractual Joint Ventures:"Where the Chinese and foreign partners to a contractual joint venture agree to make major changes to the contract on the contractual joint venture during the cooperation period through consultation, they shall report the major changes to the relevant examination and approval authority for approval; where the changes involve statutory items of industrial and commercial registration or items of taxation registration, they shall go through the formalities for change of registration with the relevant administration for industry and commerce or tax authority." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No: 9 Title: Examination and approval of the transfer of the rights and obligations under contracts on contractual joint ventures by Sino-foreign contractual joint ventures Legal provisions: Article 10 of the Law of the People's Republic of China on Sino-foreign Contractual Joint Ventures:"Where either party of the Chinese and foreign partners to a contractual joint venture intends to transfer all or part of its rights or obligations under the contract on the contractual joint venture, such transfer shall be approved by the other party and be reported to the relevant examination and approval authority for approval." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No.: 10 Title: Examination and approval of the entrustment given by Sino-foreign contractual joint ventures for others to carry out operations and management Legal provisions: Paragraph 2 of Article 12 of the Law of the People's Republic of China on Sino-foreign Contractual Joint Ventures:"Where a contractual joint venture, after establishment, entrusts its operations and management to a party other than the Chinese and foreign partners, such entrustment shall be approved unanimously by the board of directors or the joint management body, be reported to the relevant examination and approval authority for approval, and be subject to the formalities for change of registration with the relevant administration for industry and commerce." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No.: 11 Title: Examination and approval of the extension of the cooperation period of Sino-foreign contractual joint ventures Legal provisions: Article 24 of the Law of the People's Republic of China on Sino-Foreign Contractual Joint Ventures:"The cooperation period of a contractual joint venture shall be determined by the Chinese and foreign partners through consultation and be specified in the contract on the contractual joint venture. Where the Chinese and foreign partners to a contractual joint venture agree to extend the cooperation period, an application shall be submitted to the relevant examination and approval authority 180 days prior to the expiry of the cooperation period, and the examination and approval authority shall decide to approve or not to approve the application within 30 days upon receipt thereof." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.
Serial No.: 12 Title: Examination and approval of the establishment of enterprises invested by Taiwanese compatriots Legal provisions: Paragraph 1 of Article 8 of the Law of the People's Republic of China on Protecting the Investment by Taiwanese Compatriots:"To establish an enterprise invested by Taiwanese compatriots, an applicant shall submit an application to the department or local people's government prescribed by the State Council, and the examination and approval authority that receives the application shall decide to approve or not to approve the application within 45 days upon receipt of all application documents." Action: This administrative examination and approval item shall temporarily cease to be effective. Instead, administration by record-filing shall be adopted.