No. 394 administrative measures for the construction of China (hubei) pilot free trade zone, which was deliberated and adopted at the executive meeting of the provincial government on April 10, 2017, are hereby promulgated and shall come into force as of the date of promulgation.

Governor: wang xiaodong

April 18, 2017

Measures for the administration of the construction of China (hubei) pilot free trade zone

Chapter I general provisions

Article 1 in order to guarantee and promote the construction of China (hubei) pilot free trade zone and give full play to its leading, driving and exemplary role, these measures are formulated in accordance with the general plan of China (hubei) pilot free trade zone and relevant laws and administrative regulations and in light of the actual conditions of this province.

Article 2 these measures shall apply to the China (hubei) pilot free trade zone (hereinafter referred to as the pilot free trade zone) established with the approval of the state council. The pilot free trade zone consists of wuhan, xiangyang and yichang.

Article 3 of the free trade area shall, in accordance with the "open the guide, industry cluster innovation drive, the green led," the overall train of thought, system mechanism innovation as the core, can copy can promote as basic requirements, try bold, daring rush, independent, based in central, radiation throughout the country, go to the world, promote the development of innovation drive, promoting the transformation and upgrading of the industry, efforts to build orderly undertake industrial transfer demonstration areas of central China, strategic emerging industries and high-tech industry agglomeration area and inland open field trials, comprehensive reform and opening up new heights.

Article 4 the provincial people's government shall establish a leading group for the work of pilot free trade zones to study and decide major issues concerning the construction and management of pilot free trade zones, and coordinate the construction and development of pilot free trade zones.

As the work office of China (hubei) pilot free trade zone, the competent commercial administration department of the provincial people's government is responsible for the daily work of the leading group of the pilot free trade zone.

The people's governments of wuhan city, xiangyang city and yichang city respectively set up the district management committee of the pilot free trade zone. As the dispatched agencies of the municipal people's government, under the unified leadership of the leading group of the pilot free trade zone, they are responsible for the specific affairs of the reform experiment of each district.

Article 5 the relevant departments of the provincial people's government shall support the work of the pilot free trade zones, straighten out the relevant relations and strengthen coordination and cooperation.

The people's governments of wuhan city, xiangyang city and yichang city should innovate the economic and social management mode, clarify the division of labor in economic and social affairs management with the district, and take the initiative to promote the construction of the pilot free trade zone.

Article 6 pilot free trade zones shall learn from the successful experience of other pilot free trade zones at home and abroad, absorb relevant practices in free trade at home and abroad, and strive to build pilot free trade zones that are open and Shared.

Chapter ii investment and trade

Article 7 the pilot free trade zones shall adopt the management system of pre-establishment national treatment and negative list for foreign investment, and the negative list management mode shall apply to foreign investment in the pilot free trade zones. For foreign investment projects in fields other than the negative list (except for domestic investment projects reserved and approved by the state council) and the establishment and alteration of foreign-invested enterprises, the administrative committees of the pilot free trade zones shall be responsible for handling the record system.

Article 8 pilot free trade zones shall establish foreign investment information reporting system and foreign investment information publicity platform. We will improve the mechanism for protecting investors' rights and interests, and allow eligible overseas investors to freely transfer their legitimate investment income.

Article 9 the enterprises in the pilot free trade zones shall adopt the mode of management with the record system as the main basis for their investment and establishment abroad.

Article 10 pilot free trade zones shall actively cultivate and expand new forms and functions of trade:

(1) developing cross-border e-commerce and supporting and cultivating comprehensive service platforms for foreign trade;

(2) carry out the business of bonded delivery of futures and financing of warehouse receipt pledge in the special areas under customs supervision, and expand the experimental varieties of bonded delivery of futures in due course;

(3) carrying out pilot business of testing and maintaining high-tech and high-value-added products at home and abroad and pilot business of remanufacturing high-tech and high-value-added products abroad;

(4) to develop various forms of technology trade, such as licensing trade, and expand foreign cultural trade and copyright trade;

(5) to undertake outsourcing services such as information technology, biomedical research and development, management consulting and engineering design.

Article 11 the special customs supervision areas in the pilot free trade zones shall implement the entry and exit service supervision mode of "first-line liberalization and second-line safe and efficient control", integrate and optimize the management measures of special customs supervision areas, and explore the innovation of port supervision system according to the development needs of the pilot free trade zones.

Relying on the public platform of electronic ports, we will accelerate the construction of a "single window" for international trade, and incorporate the function of export tax refund declaration into construction projects.

Article 12 the inspection and quarantine authorities shall provide the following conveniences for the market entities in the pilot zones:

(1) implement the management mode of bonded display trade goods sub-line supervision, pre-inspection, registration and write-off;

(2) promoting the establishment of an international networking inspection system for inspection and quarantine certificates;

(3) encourage the establishment of third-party inspection, testing and authentication institutions and accept the results of third-party inspection;

(4) to promote in an orderly manner the goods sampling inspection system based on enterprise integrity evaluation;

(5) the first line mainly carries out on-site quarantine, inspection and treatment of entry and exit; The second tier mainly implements import and export products inspection and quarantine supervision and laboratory testing.

Article 13 improve the customs clearance cooperation mechanism in the pilot free trade zones, carry out cooperation in goods clearance, trade statistics, mutual recognition of certified business operators, inspection, testing and certification, and deepen the reform of integrated customs clearance.

We will actively promote the exchange of information, mutual recognition of supervision and mutual assistance in law enforcement among the port supervision departments of customs, inspection and quarantine, frontier defense and maritime affairs in the pilot free trade zones.

Chapter iii financial services

Article 14 in accordance with the principle of controlling risks and serving the real economy, the pilot free trade zones steadily carry out pilot work such as expanding the opening up of the financial sector, enhancing the function of financial services, promoting innovation in science and technology and finance, and improving the prevention and control system of financial risks.

Article 15 the pilot free trade zones shall explore the establishment of local currency and foreign currency account management system corresponding to the pilot free trade zones, and promote cross-border trade, investment and financing settlement facilitation.

Article 16 the pilot free trade zones shall carry out pilot foreign exchange reforms focusing on the convertibility of capital accounts, provided that risks are controllable. We will expand the use of foreign currency funds for foreign exchange settlement under the capital account of enterprises in the pilot free trade zone, relax access conditions for centralized operation and management of foreign exchange funds of transnational corporations, and further simplify the management of capital pools and procedures for foreign exchange receipts and expenditures under current accounts.

Article 17 the pilot free trade zones shall improve the facilitation of cross-border investment. The overseas parent companies of enterprises may issue RMB bonds in China in accordance with relevant provisions, and the Banks in the pilot free trade zones may issue RMB loans for overseas projects.

We will support qualified national payment institutions to set up branches in the pilot free trade zone, and provide domestic and foreign currency fund receipt and payment, foreign exchange settlement and sale for cross-border e-commerce transactions as required.

Fund products eligible for mutual recognition in the pilot free trade zones are allowed to participate in the mutual recognition of fund products between the mainland and Hong Kong.

Financial leasing enterprises in the pilot free trade zone may carry out cross-border financial leasing business.

Article 18 the Banks in the pilot free trade zones may establish new branches or franchise organizations and upgrade the existing bank branches in the zones to branches. Allow qualified domestic purely chinese-funded private enterprises to initiate the establishment of private Banks in wuhan. Qualified sponsors are allowed to set up various non-bank financial institutions in the pilot free trade zone.

Securities trading institutions are allowed to set up branches or specialized subsidiaries in the pilot free trade zone, obtain the qualifications of qualified domestic institutional investors and qualified renminbi domestic institutional investors, and conduct overseas securities investment business; Its overseas subsidiaries are allowed to obtain the qualification of qualified foreign institutional investors and RMB qualified foreign institutional investors. Allow overseas equity investment funds to conduct cross-border investment related business as qualified overseas limited partners.

Article 19 we will improve the insurance market system and promote the development of functional insurance platforms such as insurance product r&d centers and reinsurance centers. We will support overseas investment by insurance institutions in the pilot free trade zones.

The qualifications of senior executives in the branches of insurance companies in the free trade pilot zones shall be kept on file, which shall be put on record by hubei regulatory bureau of China insurance regulatory commission.

We will accelerate the development of scientific and technological insurance and carry out trials for patent insurance.

Article 20 foreign-funded institutions are allowed to initiate and manage RMB equity investment and venture capital funds in the pilot free trade zones, and overseas innovation investment institutions and venture capital institutions are encouraged to conduct business in the pilot free trade zones.

We will support the establishment of the wuhan stock exchange center for overseas returnees to set up an innovation and entrepreneurship board.

Article 21 the relevant departments of the pilot free trade zones shall cooperate with the financial supervision departments to establish risk monitoring, assessment and prevention mechanisms corresponding to the development of financial business. We will do a good job in combating money laundering, terrorist financing and tax evasion, and prevent the cross-border and cross-regional flow of illegal funds.

Chapter four innovation and industry

Article 22. Accelerate the construction of the existing national technological standards innovation base and the national broadband network product supervision and inspection center. We will promote the transfer of advanced international technologies to pilot free trade zones. We will encourage foreign enterprises to set up foreign-funded research and development centers in pilot free trade zones. We will encourage the establishment of international incubators for innovation and entrepreneurship in pilot free trade zones.

Article 23 the pilot free trade zones shall establish convenient public service platforms for intellectual property rights, set up intellectual property service workstations, vigorously develop professional intellectual property service industries, and explore the establishment of inter-departmental cooperation mechanism for intellectual property protection in the pilot free trade zones.

Accelerate the construction of wuhan donghu national intellectual property service industry cluster. We will explore the establishment of a patent navigation system for key industries in pilot free trade zones and a mechanism for rapid coordinated protection of key industries. The establishment of the Yangtze river economic belt intellectual property rights operation center.

Article 24 the pilot free trade zones shall establish an identification and incentive mechanism for high-level foreign talents, so as to facilitate the entry and exit, work, stay and residence in China, language learning and the accompanying and education of their families and children in China.

Article 25 support the establishment of the central China consolidation center of china-europe railway express, pilot the international transshipment and consolidation business of air express in the pilot free trade zone, and establish the international mail exchange bureau and exchange station.

Support domestic and foreign express enterprises to handle qualified international express business in non-customs special supervision areas within the pilot free trade zone.

Support the construction of multimodal transport logistics supervision center, to change the location does not change the state of the release of direct.

Article 26 innovate the systems and mechanisms for promoting the agglomeration and development of strategic emerging industries, and support the establishment of manufacturing innovation centers in line with development needs.

We will support the establishment of standards, certification and safety management systems and mechanisms for the integrated development of "Internet plus manufacturing". We will promote the development of new types of services, such as "design +", "tourism +", "logistics +", "elderly care +" and "business +".

To coordinate and study visa-free entry policies for some national tourist groups. Qualified chinese-foreign joint venture travel agencies registered in the pilot free trade zones are allowed to engage in outbound tourism services other than those in Taiwan.

We will explore the establishment of a hard constraint mechanism on the ecological environment in the pilot free trade zones, clarify environmental quality requirements, and promote green development in the central region and the Yangtze river economic belt.

Article 27 wuhan district shall focus on developing new generation of information technology, life and health, intelligent manufacturing and other strategic emerging industries, international trade, financial services, modern logistics, inspection and testing, research and development, information services, professional services and other modern services.

Xiangyang focuses on high-end equipment manufacturing, new energy vehicles, big data, cloud computing, trade logistics, inspection and testing and other industries.

Yichang focuses on developing advanced manufacturing, bio-medicine, electronic information, new materials and other high-tech industries, as well as modern service industries such as r&d and design, headquarters economy and e-commerce.

Chapter v comprehensive management

Article 28 the work office of China (hubei) pilot free trade zone shall perform the following duties in accordance with these measures:

(1) to implement the policies and tasks of the state and provincial governments concerning pilot free trade zones;

(2) to study and formulate development plans, policies and measures for pilot free trade zones and guide and supervise their implementation;

(3) to coordinate the important affairs between the pilot free trade zone, relevant administrative departments and various regions;

(4) to organize the evaluation and acceptance of the construction of pilot free trade zones;

(5) making statistics and releasing public information on pilot free trade zones;

To undertake other duties related to the pilot free trade zones assigned by the state and provincial people's governments.

Article 29 the administrative committees of the pilot free trade zones shall perform the following duties in accordance with these measures:

(1) to organize the implementation of various reform and innovation measures on pilot free trade zones by the state and provincial people's governments;

(2) comprehensively implement the administrative management of the investment, trade, financial services, statistics, labor and personnel, land planning, landscaping, environmental protection, food and drug supervision, intellectual property rights, culture, health and other industries in the region;

(3) to coordinate the related work of the customs, inspection and quarantine, maritime affairs, finance and other departments of the region;

(iv) release public information of the district and provide relevant consultation and services;

To undertake other duties related to the pilot free trade zone assigned by the provincial people's government.

Each district management committee shall establish a cooperative mechanism to strengthen information communication and experience exchange and realize collaborative development.

Article 30 the provincial people's government and its relevant departments shall delegate to the pilot free trade zones their economic and social administrative authority and other administrative authority determined by the provincial people's government according to the needs of the reform and innovation of the pilot free trade zones.

Article 31 of the free trade area to establish relative concentration of administrative law enforcement and comprehensive service system of administrative examination and approval, concentrated exercise of the administrative permission and administrative punishment and administrative coercive power, the implementation of administrative licensing, administrative penalty and administrative enforcement matters, after area to determine the local municipal people's government, announced by the district management committee.

Article 32 the reform of commercial registration system shall be deepened, and the whole process of electronic registration and management of electronic business licenses shall be implemented.

Each administrative committee of the pilot free trade zone shall set up a service platform to receive application materials and documents uniformly.

Article 33 the pilot free trade zones shall establish a convenient tax service system, and the tax authorities shall use the tax information system and the regulatory information sharing platform of the pilot free trade zones to monitor tax risks.

Article 34 the pilot free trade zones shall adopt a system of interim and ex-post supervision with credit supervision as the core. We will establish a system for recording, publicizing, sharing and using the credit information of enterprises in the pilot free trade zones, and promote inter-departmental communication and sharing of information on performing their duties in accordance with the law. We will improve the mechanism for encouraging people to keep their word and punishing those who break their word.

The pilot free trade zones shall make public the inspection of law enforcement in a timely manner according to law, which involves food and drug safety, public health, environmental protection, production safety and occupational health.

Article 35 the pilot free trade zones shall establish a social participation mechanism with diversified subjects, guide enterprises and relevant organizations to express their interest demands, participate in the evaluation of pilot policies and market supervision.

Article 36 the national security examination system for foreign investment shall be implemented in the pilot free trade zones. For foreign investment that falls within the scope of the national security examination, the investors and the regional administrative committees shall timely request and cooperate with the relevant state departments to conduct the national security examination.

Article 37 the legitimate rights and interests of laborers in the pilot free trade zones shall be protected in accordance with law, and a fair, open, efficient and convenient labor security supervision and labor dispute settlement mechanism shall be established.

Article 38 an evaluation and promotion mechanism shall be established for the pilot free trade zone. The work office of the China (hubei) pilot free trade zone shall, in conjunction with relevant departments, conduct special work on the test