Procedures of Shanghai Municipality on the Administration of Chemical Industry Park

• Document Number：Order No. 67 of the Shanghai Municipal People’s Government
• Area of Law： Industrial Management
• Level of Authority： Local Government Rules
• Date issued：07-04-2011
• Status： Effective
• Issuing Authority： Shanghai Municipality

Procedures of Shanghai Municipality on the Administration of Chemical Industry Park

(Promulgated by Decree No. 67 of Shanghai Municipal People's Government on July 4, 2011)
Article 1 (Purposes)
With a view to normalizing the administration of Shanghai Chemical Industry Park, promoting the construction and development of Shanghai Chemical Industry Park and its joint development area, these Procedures are formulated on the basis of laws, rules, and relevant policies of the State, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Procedures apply to Shanghai Chemical Industry Park (hereinafter referred to as the SCIP) and its joint development area-Jinshan sub-zone and Fengxian sub-zone (hereinafter referred to as the JDZ).
Article 3 (Boundaries)
The SCIP is bounded on the east by Nanzhu port in Fengxian District and by the east sea-dike in Hangzhou Bay, on the south by the reclamation seawall in Hangzhou Bay, on the west by the west sea-dike in Hangzhou Bay (Longquan port sea gate) and on the north by Huhang highway, with a total area of 29.4 kms.
The butts and bounds of the JDZ are defined in the urban and rural planning approved according to law.
Article 4 (Development Direction and Project Guidance)
In accordance with the national economic and social development planning of the State and this Municipality, and the comprehensive planning of this Municipality, the SCIP focuses on the development of such industries as petrochemical and fine chemical industry, and the JDZ focuses on the development of the supporting industries for the SCIP. They shall be jointly built into a world-class petrochemical base with an internationally competitive edge.
Investors at home and abroad are encouraged to invest in various chemical industrial projects in SCIP in accordance with the catalogues of industries, products and technologies emphatically encouraged by the State, and the guiding catalogue of relevant industries inviting foreign investors; encouragement shall be given to investment in the construction of infrastructures, supporting projects of industries, and public utilities in JDZ.
Article 5 (Legal Protection)
The investment, property, profits, and other legitimate rights and interests of investors in the SCIP and the JDZ shall be protected by the State's laws.
Article 6 (Administrative Duties)
This Municipality establishes Shanghai Chemical Industry Park Administration Commission (hereinafter referred to as the Administration Commission), which is an agency of the Municipal People's Government.
The Administration Commission shall be responsible for relevant administrative affairs in the SCIP, and shall perform the following duties according to these Procedures:
1. participate in drawing up the planning of the park, formulate, revise and organize the implementation of the development planning, plan and industrial policies;
2. organize to carry out the development construction, and guide relevant units to carry out the initial land development and infrastructure construction;
3. be responsible for relevant administrative examination and approval work as authorized by relevant administrative departments in accordance with the provisions, and provide guidance and services for enterprises;
4. be responsible for the prevention and disposal of contingencies and emergency management work;
5. coordinate with the Customs, the inspection and quarantine, the foreign affairs, and other administrative departments in respect of their routine administration over the enterprises; and
6. accomplish other tasks as may be given by the Municipal People's Government.
The work related to the planning, plans and industrial policies of the JDZ and the relevant administrative examination and approval, safety and emergency management shall be in the charge of the Administration Commission and with the assistance of the Jinshan District People's Government and the Fengxian District People's Government; other public affairs in the JDZ shall be in the charge of the Jinshan District People's Government and the Fengxian District People's Government according to their respective duties and functions.
Relevant municipal and district administrative departments shall do well the relevant work in the SCIP and the JDZ according to their respective duties and functions.
Article 7 (Working Mechanism)
All relevant municipal administrative departments, with regard to matters involving administration in the SCIP, shall solicit the opinions of the Administration Commission, with the exception of matters involving national safety and public security.
This Municipality establishes the following working mechanism in the SCIP and the JDZ:
1. Regular consultation mechanism for important matters. The Administration Commission shall, in the lead and jointly with the Jinshan District People's Government, the Fengxian District People's Government, and relevant departments, hold regular consultation on important matters in the SCIP and the JDZ, and specify the problems to be solved and the duties of each party.
2. Linkage mechanism for emergency management. The Administration Commission shall establish the emergency command system in which participate the departments of public security, fire prevention, frontier defense, production safety, quality and technical supervision, environmental protection, public health, transport and port, marine affairs, customs, inspection and quarantine, and frontier inspection, and the Jinshan District People's Government and the Fengxian District People's Government, to formulate the emergency response plan in the SCIP and the JDZ, and organize emergency drill and emergency handling.
The Administration Commission and the relevant departments of the people's governments of Jinshan and Fengxian districts shall exchange information on the administrative matters in the JDZ.
Article 8 (One-stop Services)
The Administration Commission shall, jointly with the administrative departments of port service, industry and commerce, quality and technical supervision, human resources and social security, customs, inspection and quarantine, set up corresponding agencies, assign officials or organize on-site work in the SCIP to provide "complete services at one stop", and perform relevant administrative duties and functions.
Article 9 (Special Development Fund)
This Municipality establishes a SCIP Special Development Fund to give support to the exploitation, construction and development of the SCIP. The SCIP Special Development Fund shall be managed and used according to relevant provisions.
Article 10 (Drawing-up of the Planning)
The municipal administrative department of planning shall, jointly with the Administration Commission and the Jinshan District People's Government and the Fengxian District People's Government, organize the drawing-up of the regional planning of the SCIP and the JDZ, and submit it for approval in accordance with the legal procedures. The drawing-up of various special planning of the SCIP and the JDZ shall follow the provisions of relevant laws, rules and regulations.
Article 11 (Development Planning and Industrial Policies)
The Administration Commission shall, jointly with relevant administrative departments, the Jinshan District People's Government, and the Fengxian District People's Government, according to relevant industrial development strategies of the State and this Municipality and the industrial development guide of the SCIP and the JDZ, formulate and make public the development planning and the related industrial policies.
Article 12 (Land Reserve and Initial Development and Management)
The Administration Commission shall put forward the land reserve plan and scheme of the SCIP and submit it for approval according to relevant provisions of the State and this Municipality. The Administration Commission and the units entrusted by the Administration Commission shall organize the execution of the initial land development and management.
The people's governments of Jinshan and Fengxian districts and relevant departments shall carry out the land reserve work of the JDZ according to relevant provisions of the State and this Municipality, and the local district people's government shall report relevant information to the Administration Commission.
Article 13 (Handling of Administrative Examination and Approval as Authorized)
The Administration Commission shall, as authorized by relevant municipal or district administrative departments, handle in a unified manner, within the SCIP and the JDZ, the administrative examination and approval matters as follow:
1. approving and filing investment projects of enterprises as authorized by the administrative department of investment;
2. examining and approving the establishment of foreign-funded enterprises, the verification of the operation situation and the production capacity of processing-trade enterprises, and the licensing of processing-trade business, as authorized by the administrative department of commerce;
3. examining and approving the construction project's permission notes for location, the planning design requirements ratified, the land use permit, the construction project's planning design proposals, and the building permit, and checking upon completion thereof as authorized by the administrative department of planning;
4. making the preliminary design exanimation of a construction project, examining and approving the construction permit, the temporary occupation or excavation of roads, and the additional level crossing, as authorized by the administrative department of construction;
5. accepting and pre-examining the application for accreditation of a high-tech enterprise, as authorized by the administrative department of science, and handling the relevant work jointly with the scientific work handling office in the district where the applicant enterprise is located;
6. examining and approving the establishment of underground shelters in civilian-use buildings, as authorized by the administrative department of civil defense ; and
7. examining and approving, as authorized by the administrative department of greening and city appearance, the construction project's supporting greening design scheme, and the check and acceptance thereof, the permit for temporary occupancy of public green space, the transplanting or felling of trees (not including ancient and high-valued trees).
The Administration Commission shall make the preliminary examination of construction project land supply through allocation or granting of state land use rights in the SCIP, as authorized by the administrative department of land, except the requisition of land collectively owned by farmers, the conversion of agricultural-use land into construction-use land, and the occupation of unreclaimed land by a construction project.
The specific matters authorized for administrative examination and approval set out in Clause 1 and 2 of this Article shall be defined by the Administration Commission and the administrative department(s) concerned in the letter of authorization.
The Administration Commission shall report to the authorizing administrative department(s) on the execution of the examination and approval as authorized; the authorizing administrative department(s) shall give guidance to, and exercise supervision over, the Administration Commission in execution of administrative examination and approval.
Article 14 (Environmental Protection)
Any project that enters the SCIP and the JDZ shall pass through the strict environmental impact assessment, adopt the advanced clean techniques in production, and guarantee that the discharge of pollutants complies with the set standards of the State and this Municipality.
The Administration Commission shall assist the environmental protection department in carrying out, in the SCIP and the JDZ, the work of examining and approving the construction project's environmental impact assessment, trial production, completion acceptance, total emission control, environmental monitoring, pollution dispute investigation and handling, law-enforcement supervision and accident investigation and handling. The Administration Commission shall strengthen the environmental management over enterprises in the SCIP and the JDZ, and check the enterprises in the execution of relevant laws and rules related to environmental protection; upon finding any illegal act, shall check it promptly and report it to the environmental protection department.
The environmental protection department shall strengthen the guidance and supervision over the Administration Commission, and is entitled to make tour-inspection and spot check.
Article 15 (Production safety and Supervision and Management of Special Equipment)
Enterprises in the SCIP and the JDZ shall strengthen the production safety management, establish and perfect the production safety responsibility system, and improve the safe production condition to ensure production safety.
The Administration Commission shall assist the departments of production safety, quality and technical supervision in carrying out the work of licensing safe production of dangerous chemicals production units, registering the special equipment use, inspecting over law-enforcement, and investigating and handling any accident. The Administration Commission shall provide necessary safety and protection facilities and full-time safety personnel, carry out activities of technical advice, education and training on safety, and supervise enterprises to implement measures for safe production and special equipment management. Upon finding any illegal act or hidden danger, the Administration Commission shall, according to law, order the enterprise to make immediate correction and treatment in a prescribed time limit or take other measures to check it, and shall report to the departments of production safety, quality and technical supervision.
The departments of production safety, quality and technical supervision shall strengthen the guidance and supervision over the Administration Commission, and are entitled to make tour-inspection and spot check.
Article 16 (Administration of Construction Project)
The Administration Commission shall undertake such routine management work as project proposal report, bids and bid invitation, completion filing for the construction projects in the SCIP and the JDZ, and accept the guidance and supervision by the administrative department of construction.
Article 17 (Establishment of an Enterprise)
The administrative department of industry and commerce shall finish the process within 3 working days if an enterprise is going to be established in the SCIP or the JDZ with complete application materials and in compliance with legal procedures.
If parallel-examination and approval matters are involved in the establishment of an enterprise, this Municipality's relevant provisions on parallel-examination and approval shall be implemented.
Article 18 (Statistic Work)
The Administration Commission and statistical bodies of the people's governments of Jinshan and Fengxian districts shall be respectively responsible for the statistic work in the SCIP and the JDZ under their jurisdiction, and regularly send duplicates of relevant data to one another.
Article 19 (Open Access to Information)
The Administration Commission shall post at the official premises the basis, contents, conditions, procedures, time limit, catalogue of all necessary submissions, the model text of application, and such other matters related to the examination and approval.
The Administration Commission shall give accurate and reliable information upon request by an applicant to explain the contents published.
Article 20 (Provide Relevant Services)
The SCIP and the JDZ shall perfect their intermediary service system, providing various intermediary services such as human resources, financial affairs, finance, standards, files and measurement, patent, law, notarization for enterprises and agencies.
The SCIP and the JDZ may, according to law, set up agencies for customs declaration and inspection, providing foreign trade services for enterprises and agencies in the park.
Article 21 (Effective Date)
These Procedures shall be effective as of August 12, 2011, and the Procedures of Shanghai Municipality on the Administration of Chemical Industry Park promulgated on January 18, 2002, revised and re-promulgated according to Decree No. 28 of Shanghai Municipal People's Government on June 24, 2004 shall be repealed simultaneously.