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Procedures of Shanghai Municipality on the Administration of Lingang New City

£¨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.