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	REGULATIONS ON THE BONDED ZONE OF TIANJIN HARBOR

	(Adopted at 7th Meeting of the 14th Standing Committee of the People's Congress of Tianjin Municipality on December 12, 2003; shall come into force as of March 1, 2004)


SUBJECT : BONDED ZONE; TIANJIN HARBOR
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/12/2003
IMPLEMENT DATE : 03/01/2004
LENGTH : 1,676 words
TEXT :

Article 1. With a view to promoting the development of the Bonded Zone of Tianjin Harbor, creating a better investment environment and opening wider to the outside world, the present Regulations on the Bonded Zone of Tianjin Harbor are formulated in accordance with the relevant laws and regulations of the state and in light of the actual circumstances of this Municipality.

Article 2. The Bonded Zone of Tianjin Harbor (hereinafter referred to the Bonded Area) is a special area established upon approval of the State Council, which shall be subject to special supervision and administration of the customs in accordance with the relevant regulations of the state.

The Bonded Zone shall follow special trade policies and enjoy preferential investment treatments.

Article 3. The Bonded Zone shall exercise the functions of international trade, international logistics, processing and manufacturing and commodity exhibits, etc.

The Bonded Zone shall focus on the development of export trade, entrepot trade, adjacent port trade and high and new tech industry, shall encourage the establishment of storage, transportation, allocation, distribution, import and export commodity exhibits, exhibits for sale and other modern service industries.

Article 4. The Bonded Zone shall, in light of the demands of the development of market economy and by reference to the prevailing international practices, make reforms and innovations in the aspects of promoting the development of investment and trade so as to create a good investment and development environment.

Article 5. The Administrative Committee of the Bonded Zone (hereinafter referred to the "Administrative Committee") is an organ dispatched by the Municipal People's Governments and shall be responsible for all the administrative affairs in the Bonded Zone on behalf of the Municipal People's Government.

Article 6. The Administrative Committee shall exercise the following functions:

(1) To formulate plans for the Bonded Zone and organize the implementation of them upon approval of the Municipal People's Government;

(2) To formulate specific administrative rules for the Bonded Area;

(3) To establish and perfect the management system for the budgets of the Bonded Zone and to accept supervision in accordance with the law;

(4) To examine and approve the investment projects in the Bonded Area;

(5) To be responsible for the management of the planning and construction, real estate, labor and personnel and public utilities, etc.;

(6) To be responsible for the implementation of all of the preferential policies and measures;

(7) To coordinate the work of the branches established by the relevant entities of the state and those of the Municipality; and

(8) To exercise other functions granted by the Municipal
People's Government.

Article 7. The Administrative Committee shall, according to the powers granted by the Municipal People's Government and the principle of simple, uniform and efficient administration, it shall establish and restructure the administrative institutions, and shall grant them corresponding administrative functions.

Except for the institutions subject to the vertical leadership under the relevant laws and regulations, the Municipal administrative departments shall not set up any dispatched institution in the Bonded Area.

Article 8. The Administrative Committee shall protect the legitimate rights and interests of the entities and individuals in accordance with the law, establish smooth and efficient complaint handling mechanism and timely solve the issues reflected by any entities and individuals.

Article 9. The administrative departments and their staff in the Bonded Zone shall, in compliance with the principle of cleanness, high efficiency, openness, fairness and impartiality, provide quality services.

The administrative departments of the Bonded Zone shall announce the ground of their functions, the items under administrative license and the relevant conditions, the procedures and time limits, and other relevant information.

Article 10. Where any of the departments of the Municipal People's Government conducts an administrative law enforcement inspection over the enterprises in the Bonded Area, it shall be subject to the instructions of the Municipal administrative department and the leadership of the Administrative Committee of the Bonded Area.

Article 11. In the Bonded Zone, the time limit system shall be observed in handling the items under administrative license. With regard to an enterprise or individual who files an application for handling an item under administrative license, within 3 working days from the day when the application is accepted, if the applicant meets the requirements, a decision about the approval of the administrative license shall be made in accordance with the law; if the applicant isn't granted an administrative license because it (he) doesn't meet the relevant requirements, explanations shall be given to the party concerned.

If it isn't completed within the time limit mentioned in the preceding paragraph for a special reason, the time limit may be extended for 3 working days upon approval of the person-in-charge of the department.

Article 12. An administrative department in the Bonded Zone shall not collect any administrative fee from the enterprises in the Bonded Zone except those provided in the laws and administrative regulations.

Article 13. The applications for establishing enterprises in the Bonded Zone shall be directly registered in the administrative department of industry and commerce if the applicants meet the relevant requirements. If they are required to undergo pre-examination and approval according to the relevant laws and regulations, they shall be subject to parallel examinations and approvals in accordance with the relevant provisions of this Municipality.

Article 14. When establishing an enterprise in the Bonded Zone and handling the registration formalities in the department of Industry and commerce, no business scope may be specified unless it is otherwise provided for in the laws and regulations.

Article 15. Any entity or individual who establishes an enterprise in the Bonded Zone uses intangible assets as contributions of registered capital in accordance with the law, the value of the intangible assets shall be determined by all investors upon discussion, and those involving state-owned assets shall be handled in accordance with the relevant regulations of the state.

Article 16. The Bonded Zone shall support the scientific and technological research and development, the technological innovations and the industrialization of scientific and technological achievements.

Article 17. The enterprises of the Bonded Zone shall be entitled to enjoy all tax preferential treatments granted by the state and those granted by this Municipality.

Article 18. The imported machines and equipment, construction materials and office supplies needed for the production and operation of the enterprises in the Bonded Zone shall be exempt from the import duties and import link taxes; the imported materials, components and parts and the foreign goods kept within the Bonded Zone needed for the processing of export products shall enjoy protective tariff.

Article 19. Where a processing enterprise in the Bonded Zone sells the final products containing imported materials and parts to non-bonded areas, the customs shall, pursuant to the relevant regulations of the state, levy import tariffs and import link taxes on the imported materials and parts; if the final products are entirely made of (from) imported materials and parts, the customs shall collect tariffs and taxes pursuant to the relevant regulations on imported final products.

Article 20. Where the products made by enterprises in the Bonded Zone are sold in this Bonded Zone, they shall be exempt from value-added tax and consumption tax pursuant to the relevant regulations of the State.

Article 21. The goods, articles and means of transport entering and exiting the Bonded Zone shall be subject to the supervision and control of the customs.

No license is required for the goods coming and leaving between the Bonded Zone and the territories outside China, which shall be allowed to pass upon register of the customs unless those prohibited from entering and exiting China or otherwise provided for by the state.

Article 22. Any goods entering a non-Bonded Zone from the Bonded Zone shall undergo the formalities according to imported goods. The export goods entering the Bonded Zone from a non-Bonded Zone shall undergo the export formalities. The tax rebates shall be handled in accordance with the relevant regulations of the state.

Article 23. With regard to the non-bonded goods used by the enterprises in the Bonded Zone for the purposes of repairing, distribution, assembling and storage, and those under processing trade shall be allowed to pass upon the completion of relevant formalities of the customs.

Article 24. The goods within the Bonded Zone may be assigned and moved among the enterprises within the Bonded Zone. The storage period of the goods is not subject to any time limit, and may undergo commercial processing, such as pasting trademark and changing the packing.

Article 25. Investors are encouraged to invest in the development and management of infrastructure, such as water, power, heating, and gas supplies, and communications and sewage disposal systems in the Bonded Zone.

Article 26. The Bonded Zone encourages the development of services, such as finance, insurance, agency service, legal practice, accounting and consultation.

Article 27. The Bonded Zone shall establish the Bonded Zone Enterprise Development Fund to support the industries in line with the functions of the Zone and other industries that are encouraged to develop.

Article 28. According to the need of integration development between the Bonded Zone and Tianjin Harbor, bonded docks may, upon approval of the state, be established, which shall be subject to the administrative management of the administrative department of the Port.

Article 29. The present Regulations shall be implemented as of March 1, 2004. The Administrative Regulations on the Boned Area of Tianjin Harbor and the Provisions on the Examination, Approval and Registration of Foreign-funded Enterprises in the Bonded Zone of Tianjin Harbor adopted at the 3rd meeting of 12th Standing Committee of the People's Congress of Tianjin Municipality in October 28, 1993 and amended at the 29th meeting of the 13th Standing Committee of the People's Congress of Tianjin Municipality, the Administrative Regulations on the Planning and Construction of the Bonded Zone of Tianjin Harbor, the Measures of the Bonded Zone of Tianjin Harbor for Land Administration, and the Provisions on Labor Management of the Bonded Zone of Tianjin Harbor adopted at the 3rd meeting of 12th Standing Committee of the People's Congress of Tianjin Municipality in October 28, 1993 shall be abolished simultaneously.