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£¨Promulgated by Decree No. 16 of Shanghai Municipal People's
Government on December 28, 2003£©
Article 1 (Purposes and Basis) With a view to normalizing the
administration of Lingang New City and promoting its construction and
development, these Procedures are formulated in accordance with laws,
regulations and relevant policies of the State, and in the light of the actual
circumstances of this Municipality. Article 2 (Area) Shanghai Lingang New
City£¨hereinafter referred to as Lingang New City£©is composed of the city proper,
the industrial area and the necessary accessory rear area of Yangshan Deep-water
Harbor. It starts from Nanhui Binhai in the east, extends to the suburban ring
road (Yuandong Boulevard) and the border between Nanhui District and Fengxian
District in the west, and is bounded by the Dazhi River in the north.
Article 3 (Orientation of Development) In accordance with the
requirements of the national economic development strategy and the overall urban
development plan of Shanghai£¬Lingang New City shall be built into a modern
comprehensive coastal urban area, with modern equipment manufacturing industry
as the core and high added-value advanced manufacturing industry and hi- and
neo-tech industries as the basis, integrating such functions as advanced
manufacturing, modern circulation and storage, research and development
services, export processing, education and training. Lingang New City shall
be encouraged to carry out reform and innovations in the administrative
management system and mechanism and become a comprehensive pilot area for
emergent industries and emergent trade. Article 4 (Administrative
Committee) The Administrative Committee of Shanghai Lingang New City
(hereinafter referred to as the Administrative Committee) shall be established
in this Municipality. The Administrative Committee is the agency of the
Municipal People¡¯s Government and performs the following duties in accordance
with the entrustment set forth in these Procedures£º (1) Formulate, revise and
implement the specific provisions on the development planning, plans, industrial
policies and the administration of Lingang New City; (2) Take charge of the
examination and approval of the investment projects and land use
within Lingang New City; (3) Take charge of the administration of the
infrastructure and construction projects within Lingang New City; (4) Take
charge of the affirmation of hi- and neo-tech enterprises, software enterprises,
IC enterprises and hi- and neo-tech achievements conversion projects within
Lingang New City; (5) Coordinate Shanghai Customs, Shanghai Entry and Exit
Inspection and Quarantine Bureau, the People¡¯s Bank of China, Shanghai Branch,
the State Foreign Exchange Administration Shanghai Branch and other
administrative departments in their routine administration of the enterprises
within Lingang New City; (6) Take charge of the provision of guidance and
services for enterprises within Lingang New City; (7) Fulfill other tasks
assigned by the Municipal People¡¯s Government. Article 5 (Administration of
Public Affairs) The Administrative Committee shall be responsible for the
centralized management of the related administrative affairs of Lingang New
City. With the exception of matters involving national security and public
security, all relevant administrative departments of this Municipality shall
solicit the opinions of the Administrative Committee on matters that concern the
administration within Lingang New City. The Administrative Committee shall,
jointly with the administrative departments including the Municipal Industrial
and Commercial Administration, the Municipal Quality and Technology Supervision
Bureau, the Municipal Bureau of Finance, the Municipal State Tax Bureau, the
Municipal Local Tax Bureau, the Municipal Labor and Social Security Bureau, the
Municipal Personnel Bureau, the Municipal Public Security Bureau, as well as
Nanhui District People¡¯s Government, establish appropriate offices within
Lingang New City to provide one-stop services and perform related administrative
duties. The Nanhui District People¡¯s Government shall be responsible for the
specific administration of public affairs in Lingang New City, including public
finance, taxation, industry and commerce, public security, labor and social
security, culture, education, public health, city appearance and environmental
sanitation, civil administration, justice administration, family planning and
rural areas and communities. Article 6 (Planning) The overall plan of
Lingang New City shall be formulated on the basis of the economic development
strategies and the overall urban development plan of the State and this
Municipality, and embody the requirement for the concerted development of
Lingang New City and Yangshan Deep-water Harbor. The Municipal Planning
Bureau shall organize jointly with the Administrative Committee, the Nanhui
District People¡¯s Government and relevant departments the formulation of the
overall plan of Lingang New City and submit it to the Municipal People¡¯s
Government for approval. The Administrative Committee shall organize the
formulation of the professional system planning of Lingang New City jointly with
relevant departments and, after it is comprehensively balanced by the Municipal
Planning Bureau, it shall be submitted to the Municipal People¡¯s Government for
approval. The Administrative Committee shall, in the light of the economic
development strategy of this Municipality and the overall plan of Lingang New
City as approved by the Municipal People¡¯s Government organize jointly with the
Nanhui District People¡¯s Government the formulation of the detailed planning for
control of Lingang New City, and shall organize its implementation after
submitting it to the Municipal Planning Bureau for examination and approval.
The Administrative Committee shall be responsible for the approval and
issuance of letters of opinion on construction projects sitting, permits for
planning of construction use land, and permits for construction project planning
in accordance with the detailed planning for control as approved to construction
projects within the scope of the plan of Lingang New City. Article 7
(Transfer and Management of Land) The Administrative Committee shall, in
accordance with the overall planning and the detailed planning for control of
Lingang New City, put forward land reserve schemes and submit them for approval
in line with relevant regulations of the State and this Municipality. The Nanhui
District People¡¯s Government shall reserve land through its land reserve agency
established jointly with the Administrative Committee and entrust Shanghai
Lingang Economic Development (Group) Co. Ltd. (hereinafter referred to as the
Development Company) and Shanghai Gangcheng Development (Group) Co. Ltd.
(hereinafter referred to as Gangcheng Company) to conduct initial-period
development and management by stretches. Enterprises and institutions within
Lingang New City that need to use land shall conclude contracts on the transfer
of land-use rights with the Development Company and the Gangcheng Company and go
through relevant formalities with the Administrative Committee. The Nanhui
District People¡¯s Government shall be responsible for the management of the
relocation affairs. Article 8£¨Management of Infrastructure
Construction£© The Administrative Committee shall be responsible for the
administration of the day-to-day work of the construction application,
surveying, designing, construction, supervision, and inviting and tendering of
bid of urban infrastructure engineering projects, including road communication,
telecommunications, parks and greening, water supply, waste water treatment and
energy supply within Lingang New City. Article 9£¨Management of Construction
Projects£© The Administrative Committee shall administer the day-to-day work
of the construction projects within Lingang New City including the construction
application, surveying, designing, inviting and tendering of bid for
construction and shall be responsible for their supervision and spot
checks. With the exception of large installation projects, the Administrative
Committee shall administer the quality and safety supervision of projects under
municipal administration within Lingang New City, and be responsible for their
supervision and spot checks. The Administrative Committee shall report to
the Municipal Construction Commission for the record the results of the
examination, approval and administration of the construction projects conducted
in accordance with the provisions of Clauses 1 and 2 of this Article.
Article 10 (Examination and Approval of Project) The Administrative
Committee shall examine, approve, examine and verify, and affirm the following
foreign-investment projects entering Lingang New City and report them to
relevant administrative departments for the record: £¨1£©Examining and
approving projects that are encouraged by the State and not subject to state
comprehensive balancing; £¨2£©Examining and approving permissible projects
involving investment amounting to less than USD 30 million; £¨3£©Examining and
approving the changes in the contracts or articles of association of foreign
invested enterprises under Items (1) and (2) of this Article. The
Administrative Committee shall examine, approve and administer the
domestic-financed projects entering Lingang New City and report the results to
relevant administrative departments of this Municipality for the
record. Article 11£¨Establishment of Enterprises£© To the establishment of
an enterprise in Lingang New City that has all the required materials available
and is in due form required by law, the industrial and commercial administrative
departments shall complete the examination and approval procedure within 3
working days from the date of acceptance and handling of the case. The
competent department of this Municipality shall process the matters that are
subject to prioritized examination and approval as provided by laws and
administrative regulations in a centralized manner, and complete the prioritized
examination and approval procedure within 5 working days from the date of
acceptance and handling. Article 12 (Affirmation of Enterprises and Projects)
The affirmation of hi- and neo-tech enterprises, software enterprises, IC
enterprises and hi- and neo-tech achievements transformation projects within
Lingang New City shall be conducted in a centralized manner by the
Administrative Committee, upon the authorization of the Municipal Science
Commission, the Municipal Information Commission and the municipal hi- and
neo-tech enterprises affirmation agencies, and be accepted and handled on a
one-stop basis. The Administrative Committee shall conduct the affirmation in
line with the principle of adhering to the affirmation standards, increasing the
efficiency, simplifying the procedures and providing conveniences for
enterprises, and report the results of the affirmation to the competent
municipal administrative departments or agencies for the record. The
competent municipal administrative departments and agencies shall exercise
supervision of the affirmation and the issuance of certificates by the
Administrative Committee, and have the power to nullify any affirmation results
that do not meet the standards or requirements. Article 13£¨Preferential
Treatment£© Enterprises and projects within Lingang New City that are affirmed
by competent administrative departments or agencies or the Administrative
Committee may enjoy the following relevant preferential policies of the State
and this Municipality: £¨1£©Preferential policies that encourage the
development and technological advances of modern equipment manufacturing
industries; £¨2£©Preferential policies that encourage the transformation and
industrialization of scientific and technological achievements;
£¨3£©Preferential policies that encourage software industry and IC industry;
£¨4£©Preferential policies that promote the development of small and
medium-sized enterprises; £¨5£©Other relevant policies that encourage
investment and improve the investment environment. Article 14£¨Attracting
Talents and Simplifying Procedures for Overseas Visits£© Professional talents
both from China and abroad are encouraged to come to Lingang New City to engage
in work related to project construction, enterprise administration, scientific
research projects development and transformation of their achievements. The
talents that are introduced for such purposes may be granted household
registration of Shanghai Municipality or¡°Shanghai Municipality Residential
Certificate¡±in accordance with relevant regulations of this Municipality.
The examination and approval formalities for relevant personnel in Lingang
New City to go abroad or overseas on official business shall be simplified and
the examination and approval procedure for overseas visits of¡°one examination
and approval may be valid for several trips¡±or the exit procedure for multiple
trips to and back from Hong Kong and Macao within a specified period may be
applied to those who regularly go abroad or overseas because of professional
needs. Article 15£¨Provision of Related Services£© The Administrative
Committee shall, through improving the intermediary service system, provide for
enterprises and institutions, a whole range of intermediary services, including
human resources, labor, financial, accounting, banking, insurance, patents,
legal and notarial services. The Administrative Committee may, in accordance
with law, set up agencies for custom¡¯s clearance and quarantine inspection
agency to provide for enterprises and institutions services in foreign
trade. Article 16£¨Comparison and Assessment Activities£© If the
administrative departments or other units require enterprises within Lingang New
City to take part in comparison and assessment activities, they shall in advance
solicit the opinions of the Administrative Committee. Article 17£¨Open
Government and Complaints£© The Administrative Committee shall, in line with
the requirements for open government, publicize on its office premises the
basis, contents, conditions, procedures, time limits, the list of all the
documents to be submitted and the model texts of the application forms in
connection with items of examination and approval. If the applicant requests
explanations or accounting from the Administrative Committee on the contents
publicized, the Administrative Committee shall give such explanations and
accounting, by providing accurate and reliable information. If the
enterprises within Lingang New City consider the administrative acts of the
administrative departments to be in conflict with the provisions of these
Procedures or the preferential treatments they are entitled to fail to
materialize, they may lodge complaints with the Administrative
Committee. Article 18 (Date of Implementation) These Procedures shall
become effective on February 1, 2004. |