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(Promulgated on January 18, 2002 by the Shanghai Municipal People¡¯s
Government)
Article
1 (Purpose)
With
a view to normalizing the administration of Shanghai Chemical Industry Area,
promoting the construction and development of the Chemical Industry Area, these
Procedures are formulated in accordance with laws, regulations and relevant
policies, and with full consideration of the actual circumstances in
Shanghai.
Article
2 (Scope of Application)
These
Procedures apply to the Shanghai Chemical Industry Area (hereinafter referred to
as the SCIA) established under the approval of the Municipal People¡¯s
Government.
Article
3 (Location)
The
SCIA lies from the Nanzhu River estuary on the east and Jiu¡¯er Dike on the west.
It is bounded on the north by the Shanghai-Hangzhou Highway and on the south by
the Hangzhou Bay. Its total area is 23.4km2.
Article
4 (Direction of Construction and Guidance of Project)
According
to the strategy of economic development of this Municipality and the
requirements of overall planning, the SCIA shall be built into a specialized
development zone consisting mainly of petrochemistry and fine chemistry.
Investors
at home and abroad shall be encouraged to invest in various chemical industrial
projects in the SCIA, in accordance with the provisions of the catalogues of
industries, products and technologies emphatically encouraged by the State, and
the guiding catalogues of relevant industries inviting foreign investors.
Investors shall be encouraged to invest in the construction of infrastructures
and necessary accessories for public utilities.
Article
5 (Legal Protection)
The
investment, property, profits and other legal rights and interests of investors
in the SCIA shall be protected by the State laws and regulations.
Article
6 (Administration Committee)
The
Municipality shall set up the Administration Committee of the SCIA (hereinafter
referred to as AC). The AC is an agency of the Municipal People¡¯s
Government.
Article
7 (The Duties of the AC)
The
AC shall exercise the following powers in accordance with these Procedures and
the entrustment of relevant administrative departments:
(1)
Be in charge of drawing up and revising the development planning, plan and
industrial policies of the SCIA;
(2)
Be in charge of the examination and approval of investment items and use of
land, and the administration of construction projects;
(3)
Coordinate the routine administration of the enterprises in the SCIA by the
Customs, the administrative departments of commodity inspection and quarantine,
the People¡¯s Bank of China Shanghai Branch, and the administrative department of
foreign affairs;
(4)
Provide necessary guidance and service to enterprises in the SCIA; and
(5)
Accomplish other tasks given by the Municipal People¡¯s Government.
Article
8 (Centralization of Administration and Service in Administrative Affairs)
The
AC shall be responsible for the relevant administrative affairs in the SCIA. The
relevant municipal administrative departments, in matters involving
administration in the SCIA, shall solicit the opinions of the AC, with the
exception of matters involving national safety and public security.
Jointly
with the Municipal Industrial and Commercial Administration, Municipal
Environmental Protection Bureau, Municipal Quality and Technology Supervision
Bureau, Municipal National Tax Bureau and Municipal Local Tax Bureau, Municipal
Labor and Social Security Bureau, Municipal Personnel Bureau and Municipal
Public Security Bureau, etc. the AC shall set up corresponding departments in
the SCIA, provide¡°All formalities handled at one place¡±service, and perform
relevant administrative duties and responsibilities.
Article
9 (Development Organization)
The
Shanghai Chemical Industry Area Development Corporation (hereinafter referred to
as SCIADC) shall be specifically responsible for the development of construction
and the management of the infrastructures of the SCIA, and for inviting
investors and applying for approval of enterprises settled in the SCIA and other
routine works. The SCIADC shall also provide services for enterprises and
organizations in the SCIA.
Article
10 (Approval and Adjustment of Planning)
According
to the strategy of the municipal economic development and the requirements of
overall planning, in consideration of the professional features of
petrochemistry and fine chemistry, the AC shall make a development program for
the SCIA, and report the program to the Municipal People¡¯s Government for
approval, and then organize its implementation.
The
development program shall be adjusted, if necessary, in accordance with the
preceding clause, and be reported for approval.
Article
11 (Environmental Protection)
Any
project that enters the SCIA shall pass through strict appraisal of its effect
on the environment, adopt advanced cleaning technology in production, and
guarantee that the discharge of pollutants complies with the set standards of
the State and this Municipality.
Any
project with serious pollutants shall be forbidden to be set up in the SCIA.
Article
12 (Supervision and Administration of Safety)
In
accordance with relevant laws, rules, regulations, bylaws and standards on the
safe administration of dangerous chemical commodities, the AC shall coordinate
with the supervision department and fire-fighting department to, apply closed up
administration in the SCIA, provide necessary facilities of safety and
protection, and full-time safety agents, adopt various effective measures as
well as strengthen the safety supervision of production, operation,
transportation, loading and unloading, storage, research and study of dangerous
chemical commodities.
Article
13 (Examination and Approval of a Foreign-funded Project)
Entrusted
by the Municipal Foreign Investment Committee, the AC shall examine, check,
confirm and approve the following foreign-funded projects and enterprises in the
SCIA, and report them to the relevant administrative department for the record:
(1)
Examine and approve projects that are encouraged by the State and that need no
comprehensive balance by the State;
(2)
Examine and approve projects in permissible type, with total investment below
USD30 million;
(3)
Examine and approve projects in restricted type A, with total investment below
USD5 million;
(4)
Examine and approve the alterations in agreements and articles of association of
foreign-funded enterprises under Items (1), (2), and (3) of this Article.
Article
14 (Examination and Approval of a Domestic Project)
Entrusted
by the Municipal Plan Committee, the AC shall examine, approve and administrate
domestic projects in encouraged and permissible types in the SCIA, and report
them to the relevant administrative department for the record.
Article
15 (Contract of Transfer of Land-use Right)
Any
enterprise or organization in the SCIA shall sign a contract of transfer of
land-use right with the SCIADC if it needs a piece of land, and shall go through
land-use procedures in the AC.
Article
16 (Administration of Construction Project)
The
Shanghai Administration Office of Public Bidding of Construction Projects, shall
entrust the AC to do the routine works of survey, design, invite and tender
bidding etc. for the construction projects in the SCIA. The Shanghai
Administration Office of Public Bidding of Construction Projects shall be
responsible for giving assistance and doing selective examination on the
spot.
The
Municipal Quality Supervision General Station of Construction Projects and the
Municipal Safety Supervision General Station of Construction Projects shall
entrust the AC to administrate and supervise the quality and safety of all
municipal construction projects, with the exception of large-scale installation
project, in the SCIA, and the two General Stations shall be responsible for the
supervision and selective examination.
Article
17 (Setting up of an Enterprise)
The
industrial and commercial administrative department shall give its approval
within 3 working days if an enterprise is going to be set up in the SCIA and the
materials are all ready.
If
some matters are to be settled in accordance with laws and regulations previous
to the examination and approval, the relevant department shall adopt the
policy¡°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¡±, and shall finish the previous
examination and approval within 5 working days.
Article
18 (Provide Related Services)
The
SCIA shall perfect its intermediary service system, provide intermediary service
for talented personnel, labor, financial affairs, finance, standards, weight and
measure, patent, law as well as notarization, etc. for the enterprises and
organizations in the SCIA.
The
SCIA shall set up customs declaration agency and report for inspection agency in
accordance with laws and regulations, and provide foreign trade services for
enterprises and organizations in the Area.
Article
19 (Effective Date)
These
Procedures shall become effective on February 1, 2002. |