上海外高桥保税区条例 Shanghai Municipality, Waigaoqiao Bonded Zone Regulations

（Promulgated on 20 December 1996 and effective as of 1 January 1997.）
颁布日期：19961220 　实施日期：19970101 　颁布单位：上海市人大常委会

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the relevant State laws and rules， with reference to the current regulations of international free trade zones and integrated with the actual situation in this Municipality， in order to expand the open-door policy， develop international trade and encourage economic prosperity.

　　Article 2　The Shanghai Waigaoqiao Bonded Zone （hereafter， Bonded Zone， and outside China translated as 'international free trade zone'） has been established following approval of the State Council， and is located in Waigaoqiao， a district which is situated in Shanghai Municipality Pudong New Area， and is established as a separate economic trade zone with a special administration.

　　Goods may move in and out of the Bonded Zone freely， and shall be exempt from Customs duty and import duty， permit documentation checks， and the usual Customs supervisory procedures， except where goods are prohibited for import and export by the State or are subject to special regulations.

　　Article 3　The Bonded Zone shall mainly develop import and export trade， transit trade， processing trade， goods storage， goods transport， commodity goods displays， commodity goods trade and business such as finance.

　　Article 4　The Bonded Zone is under the leadership of the Shanghai Municipal People's Government， （hereafter， municipal people's government）。 Customs supervision shall be implemented by the Customs authorities.

　　Article 5　The economic activities of enterprises， organizations and individuals in the Bonded Zone shall respect these Regulations.

　　Article 6　The legal rights and interests of investors in the Bonded Zone shall receive the protection of the law.

　　PART TWO　ADMINISTRATION AND SERVICE ORGANIZATIONS

　　Article 7　The Shanghai Municipality Waigaoqiao Bonded Zone management committee （hereafter， management committee） is the agency organization of the Shanghai Municipal people's government. The management committee shall co-ordinate the administration affairs of the Bonded Zone and carry out independent business accounting of the administration of financial revenues and expenditures.

　　The director of the management committee shall be appointed by the municipal people's government.

　　Article 8　The management committee shall exercise the following responsibilities：

　　1. Responsibility for the implementation of laws and rules and the provisions of these Regulations in the Bonded Zone， and the formulation and issuing of specific provisions for the Bonded Zone；

　　2. Formulating development plans and production policies for the Bonded Zone and， following approval from the municipal people's government， organizing their implementation；

　　3. Responsibility for the administration work of the Bonded Zone's projects， planning， State assets， investment， foreign economic trade， public finance， local taxes， statistics， industry and commerce administration affairs， public security， labour affairs， external affairs， transport， basic installations， real estate， environmental protection， environmental sanitation， public affairs and other related administration work；

　　4. Co-ordination of the work of Customs， State taxes， finance， goods inspection and other departments in the Bonded Zones； and

　　5. Other powers bestowed by the people's government.

　　Where the administration work in item （3） of the previous paragraph involves ratification and issuing of registration certification and licences， the relevant department in charge in the municipality shall entrust the corresponding administration department of the management committee to handle such procedures.

　　Article 9　The Bonded Zone Customs authorities shall

implement special methods of supervision with regard to the Bonded Zone. A reporting and checking system of all goods entering or leaving the Bonded Zone from and to outside China， as well as merchandise circulated within the Bonded Zone， shall be implemented； and the standard rules shall be implemented in the Bonded Zone for the administration of the supervision of goods， transportation tools and merchandise entering or leaving the Bonded Zone into or from non-Bonded Zones within China （hereafter， non-Bonded Zones）。

　　Article 10　The Waigaoqiao port area shall implement integrated administration with the Bonded Zone. The port administration organization shall be responsible for port administration.

　　Article 11　Bonded Zone development companies commissioned by the management committee shall assume responsibility for municipal government construction and administration in the Bonded Zone and provide services for enterprises and organizations therein.

　　Article 12　The Bonded Zone may， in accordance with the law， establish reporting， inspection， labour affairs， notarization and lawyers organizations， etc.， in order to provide services for enterprises and organizations in the Bonded Zone.

　　PART THREE　ESTABLISHMENT OF ENTERPRISES

　　Article 13　Investors may， in accordance with laws， rules and these Regulations， apply to establish enterprises in the Bonded Zone.

　　It is prohibited to establish projects which pollute the environment， endanger State security or harm society's interests.

　　Article 14　Investors establishing foreign investment enterprises in the Bonded Zone shall submit an application to the management committee. The management committee shall， with the relevant departments， decide whether or not to approve the application within 20 days of receiving the complete and legal application documents （hereafter， application documents）。 Where approval is granted， the management committee's department of the administration for industry and commerce shall issue a business licence within three days of the decision.

　　Investors establishing other enterprises in the Bonded Zone shall submit an application to the management committee's department of the administration for industry and commerce. Such department shall， with the relevant departments， decide whether or not to approve registration within 15 days of receiving the application documents. Where registration is approved， a business licence shall be issued.

　　Where an application falls outside the jurisdiction of the management committee's department of the administration for industry and commerce to examine and ratify the application， the application shall be reported to the management committee for examination and approval. Where the application for examination and approval falls outside the jurisdiction of the management committee， the latter shall， within 10 days of receiving the application， pass it on to the municipality's department in charge of examination and approval.

　　An enterprise shall， within 30 days of obtaining a business licence， handle registration procedures - Customs， taxation， foreign exchange controls， merchandise checks， etc. An investor shall pay its capital according to instalment periods and shall comply with capital supervision procedures.

　　Article 15　Enterprises in the Bonded Zone shall operate on the basis of the approved scope of their business operations and in accordance with the law. Enterprises shall complete statistical， financial and accounts systems and establish special goods accounting books. In accordance with the legally stipulated time limit， the enterprise shall send relevant report statements to the management committee， Customs authorities and other relevant departments.

　　Construction， production and transportation enterprises shall comply with the rules on environmental protection and in accordance with the law handle the relevant proc

edures with the management committee.

　　PART FOUR　BUSINESS OPERATION RULES AND PRINCIPLES

　　Article 16　Enterprises in the Bonded Zone may freely conduct trade between the Bonded Zone and outside China and are exempt from quotas and permits， except where State rules stipulate otherwise.

　　Enterprises in the Bonded Zone may freely conduct trade within the Bonded Zone.

　　Enterprises in the Bonded Zone may， in accordance with the relevant State rules， conduct trade between the Bonded Zone and non-Bonded Zones， and with other bonded zones within China.

　　Enterprises in the Bonded Zone which are approved by the State department in charge for external trade， may act as agents for import and export trade of enterprises in non-Bonded Zones.

　　Article 17　Domestic and foreign enterprises in China （including enterprises in the Bonded Zone） may hold international commodity displays in the Bonded Zone.

　　Enterprises in the Bonded Zone may establish commodity exchange markets and freely take part in import and export commodity sales fairs in the Bonded Zone； engage in commodity displays and wholesale business； and may freely take part in import and export commodity display fairs and exhibitions in non-Bonded Zones.

　　Following approval， enterprises in the Bonded Zone may hold bonded commodity displays in non-Bonded Zones.

　　Article 18　To encourage foreign enterprises to store goods in the Bonded Zone， there shall be no restrictions on storage time.

　　Enterprises may carry out grading， packaging， selection， categorization， labelling and marking and other commercial processing in the Bonded Zone.

　　Article 19　Products produced in the Bonded Zone area shall be mainly sold outside China.

　　Except where State production polici

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/