National strategic development needs
Shanghai FTZ was approved for construction
Shanghai FTZ was listed on September 29, 2013, and its development goal is to accelerate the transformation of government functions after two to three years of reform and experimentation, to actively push forward the expansion of opening up of the service industry and the reform of the management system of foreign investment, and to develop vigorously the headquarters economy and new trade patterns, accelerate the exploration of capital account convertibility and the full opening up of the financial services industry, explore the establishment of a classification and supervision model for the status of goods, make efforts to form a policy support system to promote investment and innovation, and strive to cultivate an internationalized and rule-of-law business environment, so as to strive for the construction of a free trade pilot zone with international standards of investment and trade facilitation, freedom of currency exchange, efficient and convenient supervision, and standardized legal system, and to contribute to China's expansion of opening up and the establishment of a free trade zone. The pilot zone will explore new ideas and new ways for China to expand opening up and deepen reform, and better serve the whole country.
Four bonded zones function to give
Shanghai FTZ was approved for construction, Shanghai Waigaoqiao Free Trade Zone, Shanghai Waigaoqiao Bonded Logistics Park, Yangshan Bonded Port Area and Shanghai Pudong Airport Comprehensive Bonded Zone and other four major bonded zones are included. And according to the advancement of early and pilot implementation and industrial development and radiation driven needs, and gradually expand the scope of implementation and the scope of the pilot policy, the formation of the linkage mechanism with the construction of Shanghai's international economic, financial, trade and shipping center.
Shanghai Waigaoqiao Free Trade Zone
Shanghai Waigaoqiao Free Trade Zone was approved by the State Council to be established in June 1990, and was officially launched in September of the same year. It is the first free trade zone with the largest scale and the earliest start-up in China, and also the free trade zone with the largest economic aggregate among the 15 free trade zones in China. It integrates a variety of economic functions such as free trade, export processing, logistics and warehousing, and bonded commodities exhibition and trading, etc. The planning area of Waigaoqiao Free Trade Zone is 10 square kilometers, and it has been developed and operated in an area of 8.5 square kilometers. 2010, Waigaoqiao Free Trade Zone won the first place in the comprehensive evaluation of global free trade zones in terms of the eight major elements by the Financial Times in London, UK.
Shanghai Waigaoqiao Bonded Logistics Park
Shanghai Waigaoqiao Bonded Logistics Park is the first bonded logistics park approved by the State Council, and one of the three major logistics bases planned by Shanghai during the 11th Five-Year Plan. In April 15, 2004 through the General Administration of Customs Joint Acceptance Group acceptance, was given the international transit, international procurement, international distribution, international re-export of the four major functions. Therefore, the positioning of this logistics park is international transit and distribution.
Yangshan Bonded Port Area
On December 10, 2005, Yangshan Bonded Port Area was officially opened as the first bonded port area in China, with a planned area of 8.14 square kilometers, consisting of three parts: the land area of the bonded port area, the East China Sea Bridge, and the port area of Xiaoyangshan Island, of which the land area is 6 square kilometers, with a port inspection area, a port auxiliary area, and a warehouse logistics area, International Transshipment Area, Procurement and Distribution Area, Processing and Manufacturing Area, Commercial Service Area, etc. It mainly develops and provides value-added container port, import and export trade, export processing, bonded logistics, procurement and distribution, shipping market and other industries and service functions, and the island part is the operation area of the container deep-water port terminals, including the first-phase and the second-phase terminals of Yangshan Deep-Water Port, covering an area of 2.14 square kilometers, which is the functional area of container loading and unloading and transshipment. It is a functional area for container loading, unloading and transshipment. As a national strategy, it is ranked first in terms of sea and cargo throughput. It is the largest container transportation port in the world.
Shanghai Pudong Airport Comprehensive Free Trade Zone
Shanghai Pudong Airport Comprehensive Free Trade Zone was approved by the State Council in July 2009, with a planning area of 3.59 square kilometers. The zone gives full play to its advantages as an Asia-Pacific aviation complex hub port, and actively creates a "pilot zone for air service innovation", which has introduced air transportation distribution centers for globally renowned multinational corporations, including electronic products, medical devices and high-grade consumer goods, as well as more than a hundred financial leasing projects. Pudong Airport's ZIPP has gradually formed an airside service industry chain of air transportation distribution centers, financial leasing, express mail transfer centers, bonded exhibition and sales of high-end consumer goods, and so on.
The planned area is 3.59 square kilometers. The first phase of the enclosure covers an area of 1.60 square kilometers, which successfully passed the official acceptance of the joint acceptance group composed of ten ministries and commissions of the State on April 2, 2010, and was officially put into operation on September 28th.
Superimposing all the functional policies of the three kinds of special supervisory zones such as bonded zones, export processing zones and bonded logistics parks, the zone focuses on the development of international cargo transshipment, international purchasing and distribution, international re-export trade, international express transshipment, maintenance and testing, financial leasing, warehousing and logistics, export processing, commodity display and trading, as well as the supporting financial and insurance services, and agents, and it will become an important part of the construction of the international shipping center and the financial center of Shanghai. It will become an important part of Shanghai's international shipping center and financial center.
Shanghai FTZ Policy Interpretation
I. Main Tasks and Measures Focusing on the strategic requirements of facing the world and serving the whole country, and the strategic tasks of the construction of Shanghai's "four centers", the FTZ combines opening up and institutional reforms in accordance with the approach of "early and pilot implementation", "risk control", "step by step", "gradual improvement", and "combining cultivation functions with policy innovations", It will combine the expansion of opening-up with institutional reform, the cultivation of functions with policy innovation, and the formation of a basic institutional framework that is in line with the prevailing rules of international investment and trade.
(1) Accelerating the transformation of government functions. 1. Deepen the reform of administrative management system. Accelerate the transformation of government functions, reform and innovation of government management, in accordance with the requirements of internationalization and the rule of law, and actively explore the establishment of an administrative management system that is compatible with the system of international high-standard investment and trade rules, and promote the government's management from focusing on prior approval to focusing on the supervision of the matter in the middle and after the event. It has established a service mode of one mouth acceptance, comprehensive examination and approval and efficient operation, improved the information network platform, and realized the synergistic management mechanism of different departments. Establishing a comprehensive assessment mechanism for tracking, supervising and centralizing industry information, and strengthening the tracking, management and supervision of the whole process of business activities of enterprises in the pilot zone outside the zone. Establishing a centralized and unified comprehensive law enforcement system for market supervision, realizing efficient supervision in the management areas of quality and technology supervision, food and drug supervision, intellectual property rights, industry and commerce, and taxation, and actively encouraging social forces to participate in market supervision. Improve administrative transparency, and perfect the information disclosure mechanism that reflects investor participation and conforms to international rules. Improve the mechanism for effective protection of investors' rights and interests, realize fair competition among various types of investment entities, and allow qualified foreign investors to freely transfer their investment income. Establishing mechanisms for mediation and assistance in intellectual property disputes.
(2) Expanding the opening up of investment areas.
2. Expand the liberalization of the service industry. Select financial services, shipping services, trade services, professional services, cultural services and social services to expand opening up (see the Annex for the specific list of opening up), suspend or cancel access restrictions such as investor qualification requirements, restrictions on share ratio, restrictions on scope of business (except for banking institutions and information and communication services), and create a market environment conducive to equal access for all types of investors.
3. Explore the establishment of a negative list management mode. Drawing on the international rules, the pilot implementation of pre-entry national treatment for foreign investment, research and development of the pilot area of foreign investment and national treatment and other inconsistent negative list, reform of foreign investment management mode. For areas outside the negative list, in accordance with the principle of consistency between domestic and foreign investment, foreign investment projects will be changed from the approval system to the record-keeping system (except for the State Council's provisions that retain approval for domestic investment projects), which will be handled by Shanghai; the approval of the contract and statute of the foreign-invested enterprise will be changed to the record-keeping management by Shanghai, and the relevant formalities will be handled in accordance with the relevant state regulations after the record-keeping; the industrial and commercial registration will be linked with the reform of the commercial registration system. The registration process will be gradually optimized; the national security review system will be improved, and the national security review involving foreign investment will be carried out on a pilot basis in the pilot area, so as to build a safe and efficient open economy system. On the basis of summarizing the pilot experience, a foreign investment management system in line with international standards will be gradually formed.
4. Constructing a service and promotion system for foreign investment. Reform the management mode of outbound investment, implement a filing-based management mode for enterprises investing abroad, and implement a filing-based management system for general projects investing abroad, with Shanghai being responsible for filing and management, so as to improve the degree of facilitation of outbound investment. Innovate investment service promotion mechanisms, strengthen after-the-fact management and services for outbound investment, form a multi-sectoral*** information monitoring platform, and do a good job of outbound direct investment statistics and annual inspection. Support various types of investment entities in the pilot zone to carry out various forms of outbound investment. Encourage the establishment of project companies specializing in offshore equity investment in the pilot zone, and support conditional investors to set up offshore investment equity investment mother fund.
(3) Promoting the transformation of trade development mode.
5. Promote the transformation and upgrading of trade. Actively cultivate new forms and functions of trade, form new competitive advantages in foreign trade centered on technology, brand, quality and service, and accelerate the upgrading of China's position in the global trade value chain. Encourage multinational corporations to set up Asia-Pacific regional headquarters and establish operation centers integrating trade, logistics, settlement and other functions. Deepen the pilot project of international trade settlement centers, and expand the cross-border payment, collection and financing functions of special accounts for trade in services. Support enterprises in the pilot zone to develop offshore business. Encourage enterprises to carry out international and domestic trade in an integrated manner and realize integrated development of domestic and foreign trade. Explore the establishment of an international bulk commodity trading and resource allocation platform in the pilot zone to carry out international trade in energy products, basic industrial raw materials and bulk agricultural products. Expand and improve the pilot project of bonded delivery of futures, and expand the functions of warehouse receipt pledge financing. Accelerate the construction of foreign cultural trade bases. Promote the development of outsourcing business such as biomedicine, software information, management consulting and data services. Allow and support various types of financial leasing companies to set up project subsidiaries and carry out domestic and overseas leasing services in the pilot zone. Encourage the establishment of third-party inspection and appraisal organizations and credit their test results in accordance with international standards. Pilot the development of domestic and overseas high-tech and high value-added maintenance business. Accelerate the cultivation of cross-border e-commerce service functions, and pilot the establishment of compatible support systems for customs supervision, inspection and quarantine, tax rebates, cross-border payment and logistics.
6. Upgrading the capacity of international shipping services. Actively play the linkage role of Waigaoqiao Port, Yangshan Deepwater Port and Pudong Airport International Hub Port, and explore the formation of an internationally competitive shipping development system and operation mode. Actively develop shipping finance, international ship transportation, international ship management, international shipping brokerage and other industries. Accelerate the development of shipping freight index derivatives trading business. Promote the development of transshipment consolidation business, and allow non-five-star flag ships owned or controlled by Chinese companies to pilot the coastal piggybacking business between domestic coastal ports and Shanghai port for foreign trade import and export containers. Support Pudong Airport to increase international transshipment cargo flights. Give full play to Shanghai's regional advantages, and utilize the preferential tax policies for Chinese-funded "flag of convenience" vessels to promote the settlement and registration of qualified vessels in Shanghai. Implement in the pilot zone the international ship registration policy that has been piloted in Tianjin. Simplify the process of international ship transportation operation licensing and form a highly efficient ship registration system.
(4) Deepening opening up and innovation in the financial sector.
7. Accelerate innovation in the financial system. Under the premise of controllable risks, conditions can be created for early and pilot implementation in the pilot zone for the convertibility of the RMB capital account, the marketization of interest rates in the financial market, and the cross-border use of the RMB. Market-based pricing of asset prices of financial institutions will be realized in the pilot zone. Explore international-oriented foreign exchange management reform pilots, establish a foreign exchange management system compatible with the pilot free trade zone, and fully realize trade and investment facilitation. Encourage enterprises to make full use of both domestic and foreign resources and markets to realize the liberalization of cross-border financing. Deepen the reform of foreign debt management and promote the facilitation of cross-border financing. Deepen the pilot project of centralized operation and management of foreign exchange funds for headquarters of multinational corporations, and promote the establishment of regional or global fund management centers by multinational corporations. Establishing a linkage mechanism between financial reform and innovation in the pilot zone and the construction of Shanghai International Financial Center.
8. Enhancing the function of financial services. Promote the full opening up of the financial service industry to qualified private capital and foreign financial institutions, and support the establishment of foreign banks and Chinese-foreign joint venture banks in the pilot zone. Allow financial markets to establish internationally oriented trading platforms in the test area. Gradually allow foreign enterprises to participate in commodity futures trading. Encourage product innovation in the financial market. Supporting equity custodian and trading organizations to establish comprehensive financial service platforms in the pilot zone. Supporting the development of RMB cross-border reinsurance business and fostering the development of the reinsurance market.
(v) Improving institutional safeguards in the field of legal system.
9. Improvement of legal protection. Accelerate the formation of a high-standard investment and trade rule system that meets the development needs of the pilot zone. For the pilot content, the need to stop the implementation of relevant administrative regulations and some provisions of the State Council documents, in accordance with the prescribed procedures. Among them, as authorized by the Standing Committee of the National People's Congress, the relevant administrative approvals stipulated in the Law of the People's Republic of China on Foreign-funded Enterprises, the Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures and the Law of the People's Republic of China on Chinese-Foreign Cooperative Enterprises will be temporarily adjusted for a trial period of three years starting from October 1, 2013. Various departments shall support the pilot zone in deepening the reform and piloting in the areas of expanding the opening-up of the service industry and implementing the management model of pre-entry national treatment and negative lists, and promptly solve the problems of institutional safeguards in the process of piloting. The Shanghai Municipality shall, through local legislation, establish a management system for the pilot zone that is in line with the requirements of the pilot.
Two, to create the appropriate regulatory and tax system environment Adapt to the need to establish a high level of international investment and trade service system, innovative regulatory model, to promote the free flow of goods, services and other types of factors in the pilot zone, to promote the expansion of the opening up of the service industry and the deepening of trade in goods, the formation of an open and transparent management system. Meanwhile, under the premise of maintaining the fairness, unity and standardization of the current tax system, the relevant policies will be improved with the orientation of cultivating functions.
(1) Innovating the mode of supervision and service.
1. Promote the implementation of "one line of liberalization". Allow enterprises to import manifests of goods directly into the area, and then with the record list of imported goods to the competent customs declaration procedures, to explore the simplification of the record list of entry and exit, to simplify the international transit, consolidation and distribution of business entry and exit formalities; the implementation of the "entry and quarantine, appropriate relaxation of the import and export inspection" mode, and innovative regulatory techniques and methods. Explore the construction of relatively independent trade in goods regions focusing on trade facilitation and trade in services regions focusing on expanding the opening up of the service sector. On the premise of ensuring effective supervision, explore the establishment of a model for classifying and supervising the status of goods. Deepen the expansion of functions, and allow the establishment of bonded exhibition and trading platforms in specific regions under the premise of strictly enforcing the taxation policy on import and export of goods.
2. Resolutely implement the "second line of safe and efficient management". Optimize the management of chokepoints, strengthen the electronic information network, through the entry and exit list comparison, book management, check the actual goods at the chokepoint note, risk analysis, etc. to strengthen supervision, to promote the second line of supervision mode and the first line of supervision mode, the implementation of the "convenient entry and exit, and closely guard against quality and safety risks," the inspection and quarantine supervision mode. Strengthen the management of electronic books and promote the convenient flow of goods in the pilot zone between the special customs supervision areas and across the customs district. In principle, enterprises in the test area are not subject to geographical restrictions, and can reinvest or conduct business outside the area; if there are special regulations requiring relevant procedures, they should still be handled in accordance with the special regulations. Promote the docking of enterprise operation information with the regulatory system. Effective supervision is implemented through risk monitoring, third-party management and margin requirements, giving full play to the construction of Shanghai's integrity system, and accelerating the formation of an exclusive jurisdiction system for the management of business integrity and business activities of enterprises.
3. Further strengthening regulatory collaboration. In order to effectively safeguard national security and fair competition in the market as a principle, to strengthen the relevant departments and the Shanghai Municipal Government to improve the maintenance of economic and social security services to ensure the ability. The pilot zone cooperates with the relevant departments of the State Council to strictly implement the anti-monopoly review of operator concentration. Strengthening the collaboration of management departments such as customs, quality inspection, industry and commerce, taxation and foreign exchange. Accelerate the improvement of integrated supervision methods and promote the formation of a unified and efficient port supervision organization. Explore the unified electronic fence management in pilot zones and establish a risk-controllable customs supervision mechanism.
(2) Explore tax policies that are compatible with the pilot zone.
4. Implement tax policies to promote investment. Enterprises or individual shareholders registered in the pilot zone may pay income tax in installments over a period of no more than five years on the portion of the value-added of asset appraisal arising from outward investment in non-monetary assets and other acts of asset restructuring. For the enterprises in the test zone to give the enterprises in the form of equity such as shares or the proportion of capital contribution to the high-end talents and talents in short supply, the implementation of equity incentives in Zhongguancun and other regions have been piloted in the personal income tax installment tax policy.
5. Implement tax policies to promote trade. The financial leasing enterprises registered in the test area or the project subsidiaries set up by financial leasing companies in the test area will be included in the pilot scope of financial leasing export tax rebate. For domestic leasing companies registered in the test area or leasing company set up a project subsidiary, approved by the relevant state departments to purchase from abroad the empty weight of more than 25 tons and leased to domestic airlines to use the aircraft, enjoy the relevant import VAT preferential policies. Enterprises located in the pilot zone will be subject to import VAT and consumption tax on goods produced, processed and sold to the mainland via the "second line". Upon application by the enterprises, the policy of collecting customs duties on the goods sold in the Mainland according to the corresponding imported materials or according to the actual state of inspection will be implemented on a trial basis. Under the existing policy framework, the import of machinery, equipment and other goods required by manufacturing enterprises and productive service enterprises in the pilot zone shall be exempted from tax, except for goods imported by enterprises in the living service industry and those goods that are explicitly not exempted from tax by laws, administrative regulations and relevant provisions. The pilot policy of tax rebate at ports of departure will be improved, and the scope of the pilot program for expanding the places of departure, carriers and means of transportation will be studied in due course. In addition, on the premise of conforming to the direction of tax reform and international practice, and not leading to profit shifting and tax base erosion, it will actively study and improve the tax policies adapted to the development of foreign equity investment and offshore business.
Three, solid organization and implementation of the State Council to coordinate the leadership and coordination of the pilot area to promote the work. Shanghai should carefully organize the implementation, improve the working mechanism, the implementation of the work of responsibility, according to the "program" clear objectives and positioning and early and pilot tasks, in accordance with the requirements of the "mature can be done first, and then gradually improve", the formation of a concrete plan of action, and urgently promote the implementation, and in the process of advancing the study of new situations, solve new problems, major issues should be submitted to the State Council in a timely manner. Major issues should be promptly reported to the State Council for instructions. All relevant departments to support, actively do a good job of coordination, guidance and evaluation, *** with the promotion of relevant institutional mechanisms and policy innovation, to build the experimental area, good management.