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Measures on Administration of the Tianjin Harbour Free Trade Zone


1991.09.16
TIANJIN MUNICIPALITY
MEASURES ON ADMINISTRATION OF THE TIANJIN HARBOUR FREE TRADE ZONE
(Promulgated by Decree No. 39 of the Tianjin Municipal People's
Government on September 16, 1991)
                 CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II ADMINISTRATION AND SERVICE ORGANIZATIONS
CHAPTER III RESPONSIBILITIES AND POWERS OF ENTERPRISES
CHAPTER IV TRADE ADMINISTRATION
CHAPTER V FINANCE AND INSURANCE
CHAPTER VI PREFERENTIAL TAX TREATMENT
CHAPTER VII EXIT-ENTRY CONTROL
CHAPTER VIII SUPPLEMENTARY PROVISIONS
            CHAPTER I GENERAL PROVISIONS
Article 1 In accordance with relevant state laws and regulations and
policies, the following measured are hereby formulated to ensure the
effective management of the Tianjin Harbour Free Trade Zone (hereafter
referred to as the Free Trade Zone).
Article 2 The Free Trade Zone provides services for the expansion of
foreign trade, entrepot trade, transit trade and  export-oriented
processing industry.
Within the Free Trade Zone such business activities are allowed as
international trade and services; the processing, packaging, transport
and storage of goods; commodities exhibitions; and finances  and
insurance.
Article 3 The lawful rights and interests of Chinese and foreign
investors in the Free Trade Zone are protected by law.
Companies, enterprises and other economic organizations (hereafter
referred to as the enterprises), offices and individuals must abide by
the laws, decrees and regulations as well as the rules and regulations
of Tianjin and the Free Trade Zone.
      CHAPTER II ADMINISTRATION AND SERVICE ORGANIZATIONS
Article 4 The Administrative Committee of the Free Trade Zone (hereafter
referred  to  as  Administrative  Committee)  exercises  unified
administration of the Free Trade Zone as authorized by the Municipal
People's Government.
Article 5 The Administrative Committee, composed of a chairman, vice-
chairmen and a number of members, is under a system whereby the chairman
assumes full responsibility.
The  Administrative Committee may invite experts  and  well-known
personages from at home and abroad as advisors.
Article 6 The principal functions and powers of the Administrative
Committee are as follows:
1. To exercise unified administration of the Free Trade Zone according
to the Measures;
2. To map out a general zoning plan for the Free Trade Zone and,  once
the plan is approved by the Municipal People's Government, supervise its
implementation;
3. To formulate and promulgate various detailed rules and regulations
for the management of the Free Trade Zone;
4. Within the framework of the authorization of the Municipal People's
Government, to examine, approve and handle investment projects in the
Free Trade Zone, and handle the administrative procedures concerning
planning, financing, industry and commerce, capital construction, land,
real estate, foreign economic relations and trade, labour, personnel and
environmental protection; to assist in the customs, taxation, finance,
commodities inspection, quarantine, public security and fire prevention
to perform their duties in the Free Trade Zone;
5. To be responsible for the construction and management of the public
utilities and infrastructure in the Free Trade Zone;
6. To ensure the establishment of offices of the Administrative
Committee and appoint and remove its functionaries at the intermediate
level;
7. To screen and approve Chinese personnel at and below office level for
short-term official business trips or training in foreign countries;
8. To exercise other functions and powers authorized by the Municipal
People's Government.
Article 7 Customs and frontier inspection stations, industrial and
commercial and taxation administrative organs shall be established in
the Free Trade Zone.
Article 8 Construction, investment and service companies as well as
labour, accounting and legal agencies shall be established to serve
enterprises in the Free Trade Zone.
     CHAPTER III RESPONSIBILITIES AND POWERS OF ENTERPRISES
Article 9 Investors who want to establish enterprises must follow
pronounced ratification procedures. With the certificates of  approval
and relevant documents, they may register with the industrial and
commercial authorities for business licenses.
Article 10 With their business licenses, enterprises must register with
customs and taxations departments.
Article 11 With their certificates, investors may go through procedures
concerning the land use rights of rent or purchase of house property in
the Free Trade Zone.
Article 12 Enterprises must submit their construction and engineering
plans to the Administrative Committee for approval.
Public bids may be invited for construction projects.
Article 13 Enterprises may set prices for commodities they produce or
deal in and for services they provide, and record the prices with the
Administrative Committee.
Article 14 Enterprises must set up account books and submit accounting
statements to the Administrative Committee.
Enterprises should open special account books endorsed by the customs
for goods exempt from import and export duties and for bonded goods.
Article 15 Enterprises may, at their own discretion, determine their
organizational and personnel structure and size, choose their own wage
system and set their own standards for the employment of staff and
workers. Employment matters may be handled by the enterprises, or be
entrusted to the Administrative Committee. They should put the numbers
of workers they plan to hire on the record of the Administrative
Committee.
Article 16 Once their applications are approved by the Taxation
Department, enterprises may shorten the depreciation period of fixed
assets.
Article 17 Enterprises wanting to change names or legal representatives
or to shift production lines, move, merge, transfer ownership within the
Free Trade Zone or stop operation ahead of schedule should seek the
approval  of the Administrative Committee and register with  the
industrial and commercial and taxation departments for the change or the
cancellation of registration, and file records with the customs.
           CHAPTER IV TRADE ADMINISTRATION
Article 18 Foreign investors and overseas enterprises are entitled to
engage in international trade, as are Chinese enterprises delegated with
the power to engage in foreign trade.
Article 19 Enterprises in the Free Trade Zone are allowed to  import
articles for production purposes and export their products.
Article 20 For goods whose import or export is subject to licensing
control, import or export licenses shall be exempt when the goods enter
the Free Trade Zone from outside China or when goods exit the Free Trade
Zone to foreign countries; goods shipped to non-free trade zones in
China or from non-free trade zones in China to the Free Trade Zone shall
be handles according to state stipulations.
           CHAPTER V FINANCE AND INSURANCE
Article 21 With the approval of the People's Bank of China, Chinese and
foreign  banks  and insurance enterprises may  set  up  business
organizations in the Free Trade Zone.
Article 22 The foreign exchange income of foreign enterprises in the
Free Trade Zone shall be subject to the management as specified in the
Provisional Measures Concerning Exchange Control in the Free Trade Zone.
Chinese-funded enterprises in the Free Trade Zone may have a reserve of
their foreign exchange income for circulation. Their year-end net
foreign exchange income shall be either turned over to the state or
retained partially according to relevant regulations.
Article 23 With income tax receipt or certificates, the profit earnings
of foreign investors and the wages, salaries and other lawful income of
foreign staff and worker may be remitted to foreign countries.
Article 24 Foreign exchange loans borrowed by enterprises in the Free
Trade Zone from abroad or from foreign banks and Sino-foreign joint
venture banks in China are subject to the management in accordance with
relevant state regulations concerning foreign loans.
Article 25 Enterprises may, pursuant to the rules concerning the
regulation of foreign exchange, engage in foreign exchange transactions
in foreign exchange regulating centres within or without the Free Trade
Zone.
         CHAPTER VI PREFERENTIAL TAX TREATMENT
Article 26 All goods entering the Free Trade Zone from outside China
shall be exempt from customs duties and industrial and commercial
consolidated tax, products tax (value-added tax) or bonded tax unless
otherwise regulated by the state.
When the goods which have entered the Free Trade Zone duty-free are
shipped to non-free trade zones in China, customs duties, import-related
industrial and commercial consolidated tax or product tax (value-added
tax) shall be levied according to law.
The entry of products of enterprises in the Free Trade Zone into non-
free trade zones in China or the entry of goods of non-free trade zones
in China into the Free Trade Zone shall be handled according to customs
regulations.
Article 27 Products manufactured by enterprises in the Free Trade  Zone
are exempt from customs duties and the production-related industrial and
commercial consolidated tax or product tax (value-added tax) when
shipped out of China; when sold within the Free Trade Zone, such
products shall be exempt from the industrial and commercial consolidated
tax or product tax (value-added tax) on the production thereof.
Article 28 Enterprises in the Free Trade Zone enjoy favourable tax
deductions in accordance with relevant state regulations and regulations
of the Tianjin Harbour Free Trade Zone concerning tax deductions.
           CHAPTER VII EXIT-ENTRY CONTROL
Article 29 Article whose import and export are prohibited by law  shall
not be shipped into or out of the Free Trade Zone.
Article 30 Means of transport and commuting shall be allowed to enter or
leave the Free Trade Zone at exit-entry spots designed by  the
Administrative Committee by long-term or temporary passes issued by the
Administrative Committee.
Article 31 People who enter or leave the Free Trade Zone must produce
effective certificates endorsed by the Administrative Committee. Their
personal belongings are subject to customs inspection.
Article 32 No personnel shall be allowed to stay overnight in the Free
Trade Zone except those who have been ratified by the Administrative
Committee and have gone through related formalities.
         CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 33 Smuggling and other illegal and criminal activities are
strictly prohibited in the Free Trade Zone. Violators shall  be
prosecuted according to law and pertinent state regulations of relevant
departments.
Article 34 Establishment of enterprises or offices in the Free  Trade
Zone by investors from Hong Kong, Macao and Taiwan or by overseas
Chinese, and entry or exit of persons and means of transport in or
outside the Free Trade Zone shall be handled with reference to these
Measures.
Article  35 The Tianjin Municipal People's Government  shall  be
responsible for the interpretation of these Measures.
Article 36 These Measures shall come in force as of the date of their
promulgation.



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