Procedures of Shanghai Municipality on Administration of the Lingang Area

· Document Number：Decree of Shanghai Municipal People's Government No. 96

· Area of Law： Construction Industry

· Level of Authority： Local Government Rules

· Date issued：12-12-2012

· Status： Effective

· Issuing Authority： Shanghai Municipality

Decree of Shanghai Municipal People's Government
(No. 96)
The Procedures of Shanghai Municipality on Administration of the Lingang Area were adopted at the 158th Routine Meeting of the Municipal People's Government on December 10, 2012, and are hereby promulgated. They shall be effective as of January 12, 2013.
Mayor: Han Zheng
December 12, 2012
Procedures of Shanghai Municipality on Administration of the Lingang Area
Article 1 (Legislation Purposes)
These Procedures are formulated for the purposes of accelerating the congregation of high-end manufactures, gathering innovatory and enterprising personnel, enhancing the harmony between the industry and the town and promoting the construction and development of the Lingang Area.
Article 2 (Demarcation of Boundaries)
The Lingang Area is composed of the central area (Nanhui New Town), the main industrial area, the comprehensive area, the heavy equipment industrial zone, the logistics park and the Lingang Fengxian sub-district. It is bounded in the north by Dazhi River, in the west by the G1501 Expressway-the boundary between Fengxian District and the Pudong New Area-the pre-allocated land for use by Situan Station (Ping'an Station) of the Pudong Railway-Santuan Harbor until its junction with the planned Liang Gang Boulevard and extending as far as Zhonggang, and in the south and east by the planned coastal strip, not including Yangshan Free Port Area (land area).
Article 3 (Function Orientation)
In accordance with the requirements of the national strategies for economic development and Shanghai's overall city planning and with a view to giving prominence to the functions of high-end manufacture, research, development and innovation, integrated services, living convenience, the Lingang Area shall be built into an innovation guiding area for strategic new industries, an area with congregation of innovatory and enterprising personnel, and a demonstration area for the harmonious development of modern industries and the town.
Article 4 (Administrative Duties)
Shanghai Lingang Area Development and Construction Administrative Committee (hereinafter referred to as the Administrative Committee) shall be established as the on-site agency of the Municipal People's Government, under administration by Pudong New Area with authorization. The Administrative Committee is responsible for overall arrangements to promote the development and construction of the Lingang Area by exercising the following duties:
1. formulate, revise and implement the Lingang Area's development strategy, plans, industrial policies and specific provisions of administration;
2. take charge of the examination and approval of investment and development construction projects in the Lingang Area as authorized by relevant administrative departments;
3. take charge of the daily management of construction projects and environmental protection in the Lingang Area;
4. take charge of the preliminary examination for the accreditation of new- and high-tech enterprises and the accreditation of software companies and translation projects of high-tech achievements in the Lingang Area as authorized by relevant administrative departments;
5. coordinate the day-to-day administration of the enterprises in the Lingang Area exercised by the Shanghai Customs, the Shanghai Entry-Exit Inspection and Quarantine Bureau, the Shanghai Branch of People's Bank of China, and the Shanghai Bureau of State Administration of Foreign Exchange;
6. coordinate with relevant administrative departments in performing administrative law-enforcement duties in the Lingang Area;
7. provide guidance and services for the enterprises and related agencies in the Lingang Area; and
8. accomplish other tasks assigned by the Municipal People's Government.
The Pudong New Area People's Government and the Fengxian District People's Government shall be responsible for coordination and administration of all the pubic affairs within the jurisdiction of the Lingang Area such as finance, taxation, industrial and commercial administration, public security, culture, education, health and sanitation, greening work and city appearance, civil affairs, justice, human resources and social security, population and family planning, rural and urban community work.
Article 5 (Guarantee Mechanism)
The Municipal People's Government supports the Administrative Committee, the Pudong New Area People's Government and the Fengxian District People's Government in carrying out reform and innovation in the administrative system in the Lingang Area, and establishing the following guarantee mechanisms:
1. an administrative service mechanism with efficiency, convenience and unified coordination;
2. a fiscal guarantee mechanism matching powers of office;
3. a mechanism for efficient utilization of industrial-use land;
4. a mechanism for continuation of planning adjustment and enhancing the joint development between industry and town;
5. a mechanism for complementing each other and multiple development;
6. a mechanism giving priority to living comfort and supporting facilities built in advance;
7. a mechanism for supporting innovation and entrepreneurship and for gathering talents; and
8. a mechanism for the government taking the lead in guiding the congregation of institutions.
Article 6 (Financial Support)
The Municipal People's Government shall establish a Lingang Special Development Fund to give support to the exploitation, construction and development of the Lingang Area, and the Fund shall mainly be used for support of enterprises, invitation of talents, training for personnel, subsidy to research and development, business start-up, and for the construction of infrastructure and public facilities that conform to the industrial development direction of the Lingang Area. The procedures for the management and use of the special development fund shall be separately formulated in conjunction with the Municipal Finance Bureau, the Municipal Development & Reform Commission, the Municipal Commission of Economy and Informatization, and the Administrative Committee.
The part of special support fund arranged by the municipal finance for industries in the Lingang Area shall be under the overall arrangement of the Administrative Committee according to relevant provisions on the special fund. The related municipal developments shall be responsible for the budget arrangement, use guidance and supervision and appraisal of the special fund, and the Administrative Committee, for the implementation and acceptance check of specific projects and such routine management affairs.
The Pudong New Area People's Government and the Fengxian District People's Government shall arrange a certain amount of fiscal fund annually to support the construction and development of the Lingang Area.
Article 7 (Lingang Area Planning)
The planning for the Lingang Area shall conform to the economic development strategies of the State and this Municipality, and to the regional master plan, representing the requirements of overall coordination and joint development of the Lingang Area and the adjacent area such as the Yangshan Deep-water Port.
The planning for the Lingang Area shall be prepared by the municipal administrative department of planning in conjunction with the Administrative Committee, and shall, with opinions and suggestions solicited from the Pudong New Area People's Government, the Fengxian District People's Government and relevant departments, be submitted to the Municipal People's Government for approval in accordance with the prescribed procedures.
The Administrative Committee may organize to formulate the site plan according to the regulatory planning of the Lingang Area and in line with the implementation of the construction projects therein.
All kinds of special-purpose plans of the Lingang Area shall be prepared in accordance with relevant laws, rules and regulations.
Article 8 (Land Reserve and Preliminary Development Administration)
The Administrative Committee shall, on the basis of the Lingang Area plan, propose a land reserve plan and submit it for approval in accordance with the relevant provisions of the State and this Municipality. The land reserve agency in the Lingang Area may authorize relevant units to organize the preliminary development and management. The units undertaking preliminary development shall be determined through public bidding.
The Pudong New Area People's Government and the Fengxian District People's Government shall be responsible for the expropriation of and compensation for housing on the relevant state or collectively-owned land under the relevant provisions of the State and this Municipality.
Article 9 (Administrative Examination and Approval Authorized)
The Administrative Committee shall, as authorized by relevant municipal and district administrative departments, handle the following matters of administrative examination and approval in the Lingang Area:
1.as authorized by the administrative department of commerce, the examination and approval of the establishment of foreign-funded enterprises, the accreditation of the business situation and production capacity of processing-trade enterprises, and the examination and approval of the processing-trade business permit;
2. as authorized by the administrative department of development and reform, the approval and record of investment projects of enterprises;
3. as authorized by the administrative department of urban planning, the examination and approval of construction project site-selection proposals, ratified planning conditions, construction-use land planning permits, construction project design proposals, construction project planning permits, and planning acceptance upon completion of construction projects;
4. as authorized by the administrative department of land, the preliminary examination of land use for construction projects;
5. as authorized by the administrative department of construction and communications, the exanimation and approval of the preliminary design proposals of construction projects, the investigation of earthquake resistance and fortification (except for the special investigation of the earthquake resistance and fortification of super high-rise buildings), the examination and approval of construction work permits, temporary occupancy and digging of urban roads, passage permits for vehicles or freight vehicles with load beyond the load-limit or passage conditions of urban roads, the laying of cables or pipelines attached to urban bridges or tunnels, construction work in safety protection zone of urban bridges and tunnels, and the installation of all kinds of facilities on sidewalks of urban roads;
6. as authorized by the administrative department of greening work and city appearance, the opinion consultation on the supporting greening scheme of construction project, the acceptance check of the supporting greening of construction project, the examination and approval of temporary occupancy of public green space and transplanting or felling of trees (not including ancient and high-valued trees and follow-up resources of ancient trees), the approval of the declaration of treatment (partial emission, and back-filling) of city construction wastes (including construction dregs), and the examination and approval of the out-door advertising installation;
7. as authorized by the administrative department of water affairs, the examination and approval of matters related to water conservancy such as construction projects within the controlled waterways and the acceptance check of construction projects on the levee, of matters related to water supply such as temporary water outage or hydraulic pressure reduction, and the design-scheme of water-saving facilities of construction projects, and of matters related to drainage such as construction scheme of connecting drainage facilities built for self-use with public drainage facilities;
8. as authorized by the administrative department of civil defense, the examination and approval of underground air shelters to be built with civilian-use buildings, the reduction and exemption of construction fees for civil defense works, and the acceptance check and record of civil defense works;
9. as authorized by the administrative department of environmental protection, the examination and approval of the environmental impact assessment of construction projects, the trial production (trial operation) of construction projects, the acceptance check of environmental protection facilities of construction projects, the issuance of pollutant discharging license, and the examination and approval of night operation on construction sites, and of the idling and dismantling of pollutant disposal facilities; and
10. the administrative examination and approval of other matters authorized according to law by relevant administrative departments.
The specific contents authorized of the administrative examination and approval matters set out in the preceding clause shall be defined in the letter of authorization by the Administrative Committee and relevant administrative departments.
The Administrative Committee shall file the implementation of the administrative examination and approval authorized with the authorizing administrative department(s) for record.
Article 10 (Installation Scheme of Out-door Advertising Facilities)
The Administrative Committee shall, in conjunction with the administrative department of greening and city appearance, formulate the installation scheme of out-door advertising facilities in the Lingang Area, and submit it for approval according to legal procedures.
Article 11 (Routine Management Affairs)
The Administrative Committee shall undertake the routine management affairs in the Lingang Area as follows:
1. the construction project management such as the submission of construction project proposals, examination of design documents, management of building energy conservation and new-type materials use (except for the identification of new-type materials), the acceptance check and record of construction projects, and maintenance on record of the survey, design, construction, and bids and bid invitations for supervision of construction projects;
2. the supervision and check of the quality, safety and civilized operation of construction projects;
3. the acceptance check of the urban construction archives of construction projects;
4. the plan management of start and terminal bus stations, and participating in the acceptance check of the construction project plan of parking lots (garages);
5. the management of the domestic garbage disposal declaration; and
6. the supervisory management of pollution sources, monitoring of environmental quality and pollution sources, emergency handling of pollution accidents, environmental statistics and such environmental management matters in the Area.
Article 12 (Standardizing Examination and Approval & Management Behavior)
The municipal administrative departments of commerce, development & reform, planning and land, construction and communications, greening and city appearance, water affairs, civil defense, environmental protection, and transport and port shall strengthen the guidance and supervision over the administrative examination and approval affairs and daily management conducted by the Administrative Committee, and carry out the inspection thereon.
The Administrative Committee shall improve professional level and capacity, and carry out administrative examination and approval and routine management in strict accordance with relevant provisions of the State and this Municipality, and accept the guidance, supervision and check of relevant administrative departments.
Article 13 (Centralized Disposition of Administrative Affairs)
The Administrative Committee shall, in conjunction with the municipal administrative departments of industry and commerce, quality and technical supervision, finance, taxation, human resources and social security, archives, and also with the Pudong New Area People's Government and the Fengxian District People's Government, establish in the Lingang Area a unified administrative examination and approval service center to handle all relevant administrative examination and approval matters of the Administrative Committee and relevant departments in a centralized way, to simplify procedures and improve efficiency, and also enhance consultation service for the examination and approval of projects and other functions.
Article 14 (Open Access to Government Information)
The Administrative Committee shall, in conformity with the requirements for the opening of government affairs to the public, post on office premises the legal basis, contents, conditions, procedures and time limit relating to examination and approval and a list of all the submissions required and the application sample.
In case an applicant asks for explanations and clarifications about what is posted, the Administrative Committee shall make explanations and provide reliable and accurate information.
Article 15 (Establishment of Enterprises)
For establishment of an enterprise in the Lingang Area, with complete documents in conformity to the lawful form, the administrative department of industry and commerce shall, within 3 working days from the date of acceptance, complete all the procedures of examination and approval.
Matters that require advance examination and approval as prescribed by the law or administrative regulations shall be handled by relevant municipal administrative departments in a centralized manner, and the advance examination and approval procedures shall be completed within 5 working days from the date of acceptance.
Article 16 (Accreditation of Enterprises and Projects)
The preliminary accreditation examination of new- and high-tech enterprises and the accreditation of software companies and of translation projects of new- and high-tech achievements in the Lingang Area shall be carried out in a centralized manner by the Administrative Committee with the authorization of the municipal administrative departments of science and technology, and economy and informatization, and the municipal agency for accreditation of new- and high-tech enterprises. The Administrative Committee shall make accreditation on the principle of "following the accreditation criteria, raising efficiency, simplifying procedures and making things convenient for enterprises", and report the outcome of accreditation to relevant municipal administrative department and agency for the record.
The relevant municipal administrative department and agency shall exercise supervision over the Administrative Committee in the accreditation and issuance of certificates and shall have the power to cancel any outcome of accreditation that fails to meet the criteria or requirements.
Article 17 (Attracting the Congregation of Institutions)
This Municipality supports major projects of strategic new industry to enjoy priority in settling down in the Lingang Area, and encourages scientific research institutions and sci-tech service institutions related to the industrial development of the Lingang Area to gather therein.
This Municipality supports enterprises in the Lingang Area to set up engineering technology (research) centers, research and development centers, key labs and such scientific research and technological institutes.
Article 18 (Support for Innovation & Business Set-up)
The Administrative Committee shall provide a whole-process service to the parties that set up innovative or scientific and technological enterprises in terms of organizing to provide industrial and commercial registration, office premises, financing guarantee, industrial promotion and public service, and shall also formulate corresponding policies to support innovation and business set-up according to relevant provisions.
Article 19 (Attracting Talents and Simplifying Procedures for Overseas Visits)
Innovatory, enterprising and high-caliber talents of all kinds at home and abroad shall be encouraged to come to work and live in the Lingang Area, enjoying relevant treatment as prescribed. Talents invited therein may have the "Shanghai Residency Permit" or household registration in accordance with relevant provisions of this Municipality and the preferential policies of the Lingang Area on talents invited therein.
The examination and approval procedures shall be simplified for relevant persons in the Lingang Area to make business trips overseas or cross-border. The persons who need frequent business trips overseas or cross-border may undergo the procedures of "one examination and approval for multiple outbound travels" or undergo the cross-border procedures for multiple travels within a prescribed period of time to and from Hong Kong and Macao.
Article 20 (Preferential Treatment)
Enterprises and projects in the Lingang Area that have been accredited by relevant administrative department or agency or the Administrative Committee may enjoy treatment of the following preferential policies provided for by the State and this Municipality:
1. all the preferential policies encouraging the development of modern equipment manufacture and technological advancement;
2. all the preferential policies encouraging the translation and industrialization of the science and technology achievements ;
3. all the preferential policies encouraging the software industry;
4. all the preferential policies related to boosting the development of small and medium-size enterprises;
5. all the preferential policies related to encouraging the development of culture, sports, tourism, and exhibition projects; and
6. other preferential policies encouraging investment and improvement of the investment environment.
Article 21 (Improvement of Intermediary Services)
The Administrative Committee shall perfect the intermediary service system to provide a wide range of intermediary services for enterprises and institutions in the Lingang Area with all kinds of intermediary services including talent, labor, finance, accounting, banking, insurance, patent, law and notarization.
Article 22 (Handling and Responding to Complaints)
Enterprises in the Lingang Area may lodge complaints with the Administrative Committee when they believe that an administrative act of a relevant administrative department does not conform to these Procedures or when the preferential treatment to which they are entitled fails to be materialized. The Administrative Committee shall mediate and handle such a case according to law.
Article 23 (Administration on House Building of Rural villagers)
In building houses, rural villagers in the Lingang Area shall abide by the provisions of the State and this Municipality regarding the administration on house building of rural villagers, and meet the requirements of the Lingang Area planning.
Article 24 (Effective Date & Repeal)
These Procedures shall be effective as of January 12, 2013. The Procedures of Shanghai Municipality on Administration of the Lingang Industrial Area promulgated by Decree No. 46 of Shanghai Municipal People's Government on June 1, 2012 shall be repealed at the same time.