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(Promulgated on March 27, 2002 by the Shanghai Municipal
People's Government)
Article 1 (Purpose)
For the purpose of normalizing the
administration of the Customs Supervision Sector in Shanghai Jinqiao Export
Processing Zone and
promoting processing trade and exportation, the present
Procedures are promulgated in accordance with relevant regulations of the
State
Council on export processing zones.
Article 2 (Definition of the
Sector)
The Customs Supervision Sector in Shanghai Jinqiao Export Processing
Zone, established with the approval of the State Council, is
a special economic
area (hereinafter referred to as the Processing Zone) located in the southern
sector of Shanghai Jinqiao Export
Processing Zone, where export processing
business is exclusively conducted with the Customs exercising closed
administration.
Article 3 (Administrative Committee)
The Processing
Zone sets up the Administrative Committee of the Customs Supervision Sector in
Shanghai Jinqiao Export Processing
Zone (hereinafter referred to as the
Administrative Committee), which is subject to the leadership of the People's
Government of
Pudong New Area.
Article 4 (Duties of the Administrative
Committee)
The Administrative Committee shall exercise the following
functions and powers in the Processing Zone according to the State regulations
and the present Procedures, and on the basis of the entrustment or authorization
of relevant administrative departments:
1. To be responsible for the
formulation of the development programs and plans;
2. To be responsible for
the administration of investment projects, land use and construction projects;
3. To be responsible for the development construction, and for providing the
enterprise with necessary guidance and service;
4. To cooperate with the
Customs to exercise the supervision;
5. To coordinate and cooperate with
relevant administrative departments to exercise administration over the
enterprises;
6. To be responsible for the routine administration and
supervision of relevant administrative affairs; and
7. Other functions and
powers authorized by the Municipal People's Government.
Article 5
(Administrative Affairs to be Brought Under the Centralized
Administration)
Except for matters involving state security and public
security, relevant administrative departments of the city shall solicit opinions
from the Administrative Committee about the administrative affairs concerning
the Processing Zone. When the relevant administrative
departments enter the
Processing Zone to conduct guidance, inspection and supervision in case of need,
their activities shall be
unitarily coordinated and arranged by the
Administrative Committee.
Article 6 (Administration of the
Foreign-invested Projects)
The Administrative Committee, entrusted by the
Municipal Foreign Investment Work Commission, shall examine, approve, verify and
affirm the following foreign-invested projects and enterprises that enter the
Processing Zone, and shall report to the relevant
administrative department for
record:
1. To examine and approve the projects encouraged by the State;
2. To examine and approve the allowable projects with total investment under
US $30 million;
3. To examine and approve the alteration of contracts and
articles of association of the foreign-invested enterprises in Item 1 and
Item 2
of this Article;
4. To examine and verify the importation of equipment used
by the foreign-invested enterprise themselves; and
5. To affirm and check
the export-oriented enterprises with foreign investment.
Article 7
(Administration of Import and Export, and Processing Trade)
The
Administrative Committee is the competent department in charge of the
examination and approval of the matters concerning the
import and export and
processing trade of the enterprises in the Processing Zone.
Article 8
(Establishment of Enterprises)
Direct registration is practiced for the
establishment of enterprises in the Processing Zone; in the case of an
application with
complete documents, the industry and commerce administrative
department shall complete the registration procedures within 3 working
days.
In case of a prioritized examination and approval being stipulated by
laws and administrative regulations, the practice of " the
industrial and
commercial agent shall receive the case, report the application to relevant
departments, examine and approve the
case jointly, finish the work within the
time limit" shall be adopted, and the relevant departments shall complete the
prioritized
examination and approval procedures within 5 working days.
In
case of a prioritized examination and approval being made by the People's
Government of Pudong New Area, the system of notifying
and undertaking shall be
implemented.
Article 9 (Customs Clearance Service)
The Customs
shall, according to the relevant regulations of the State on export processing
zones, exercise supervision and administration,
and take special and convenient
measures for customs clearance to speed up the customs clearance and to provide
efficient service
to the enterprises.
Article 10 (Establishment and
Planning of Construction Projects)
The Administrative Committee shall,
entrusted by the Plan Administrative Department of Pudong New Area, shall
examine and approve
the establishment of construction projects in the Processing
zone.
The Planning Administrative Department of Pudong New Area, entrusted by
the Municipal City Planning Bureau, shall examine, approve,
supervise and check
on matters concerning the examination and approval of suggestion letters on
site-selection for the construction
projects in the Processing Zone,
construction-use land planning permits and construction project planning
permits, and those concerning
the supervision and checking of the implementation
of the city planning, and report to the relevant administrative departments for
record.
Article 11 (Administration of Construction Projects)
The
Administrative Committee shall, entrusted by the Construction Administrative
Department of Pudong New Area, shall examine and
approve the expansion and
original designing of the construction projects and their construction
permits.
The Administrative Committee, entrusted by the Municipal
Construction Project Public Bidding Administrative Office, shall handle
the
routine work of prospecting, designing and construction bidding of the
construction projects in the Processing Zone, and be
responsible for on-the-spot
assistance and spot check.
The Administrative Committee, entrusted by the
Municipal Construction Project Quality Supervision General Station and the
Municipal
Construction Project Safety Supervision General Station, shall
exercise administration over, and take charge of spot check of the
quality and
safety supervision of the city-administered projects.
Article 12
(Administration of Environmental Protection and Urban Appearance and
Sanitation)
The Administrative Committee, entrusted by the Environmental
Protection Administrative Department of Pudong New Area, shall examine
and
approve the environmental protection matters concerning the construction
projects in the Processing Zone, and report to the
relevant administrative
departments for record.
The Administrative Committee, entrusted by the Urban
Appearance and Environmental Sanitation Administrative Department of Pu Dong
New
Area, shall examine and approve the relevant matters concerning the urban
appearance and environmental sanitation in the Processing
Zone.
Article
13 (Administration of Labour and Personnel)
The Administrative
Committee, entrusted by the Labour and Social Security Administrative Department
of Pudong New Area, shall be
responsible for the administration of employment
for the non-local personnel in the Processing Zone.
Article 14
(Simplifying the Procedures for Going Abroad)
The examination and approval
procedures for the application of relevant personnel of the enterprises in the
Processing Zone to go
abroad or leave the country on business errands shall be
simplified. The personnel who need to go abroad or leave the country on
business
matters shall be given priority by the relevant department in handling the said
procedures. The handling of "One round
of examination and approval with
multi-validity within a year" for the examination and approval of the going
abroad, or the granting
of a multi-entry visa to and from Hong Kong and Macao
within a certain period may be practiced.
Article 15 (Open
Administration)
The Administrative Committee shall, according to the
requirements of open administration, publish in advance the relevant contents
like the basis, contents, conditions, procedures and time limits, etc. involving
matters under examination and approval.
The Administrative Committee shall
make known in advance the lawful rights and interests enjoyed, and the legal
liabilities born
by the enterprises in the Processing Zone.
Article 16
(Knowing and Inquiring the Basis of Fee-collection)
When a relevant unit
comes to collect fees, the enterprise in the Processing Zone has the right to
know and inquire its basis of
the fee-collection, and has the right to refuse to
pay the fee collected without legal basis.
Article 17 (Administration
of Matters Not Stipulated)
Matters not stipulated in the present Procedures
shall be handled in accordance with relevant provisions of laws, regulations and
rules.
Article 18 (Effective Date)
The present Procedures shall
become effective on April 10, 2002.
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