(Issued on September 1, 2017 in accordance with Decree No. 151 of the People's Government of Guangzhou Municipality and put into effect on September 1, 2017)

　　Chapter I  General Provisions

　　Article 1     These Rules are formulated in accordance with the Regulations on China (Guangdong) Pilot Free Trade Zone, the Regulations of Guangzhou Municipality on Nansha District and other relevant regulations, and with a view to establishing Guangzhou Nansha District Pearl Bay Development and Construction Authority (hereinafter referred to as “the Pearl Bay Authority”) and promoting the development and construction of Pearl Bay in Nansha District, Guangzhou.

　　Article 2     The Pearl Bay Authority is a statutory body established according to these Rules as a legal person. It shall perform its duties within the area for performance of duties according to these Rules, and assume legal liabilities independently.

　　The Pearl Bay Authority is subject to the leadership of the Management Committee of Guangzhou Nansha Economic and Technological Development Zone, the Management Committee of Guangzhou Nansha New District Division of China (Guangdong) Pilot Free Trade Zone and the Management Committee of Guangzhou Nansha Free Trade Zone (hereinafter referred to as “the Management Committees”) and the People’s Government of Nansha District.

　　Article 3     The Pearl Bay Authority shall, on the basis of piloting for reform and innovation, establish a sound mechanism with clear responsibilities, scientific decision-making, and efficient operation, build the core area for Guangdong-Hong Kong-Macao cooperation and the comprehensive service center for international high-end industries, and create an international business environment.

　　Article 4     The Pearl Bay Authority may innovate in the systematic mechanism for management in terms of development and construction, investment invitation, operation and management, and industrial development and other aspects in the light of actual conditions to assist relevant departments under the People’s Government of Nansha District in promoting the innovation of social governance systematic mechanisms within their respective jurisdictions.

　　Article 5     Relevant sectors of the municipal people’s government or of the People’s Government of Nansha District shall provide support for the Pearl Bay Authority ex officio.

　　Where some items with respect to administrative management and/or economic administration delegated by relevant departments at or above the provincial level need to be implemented within the jurisdiction of the Pearl Bay Authority, the Management Committees and the People’s Government of Nansha District shall legally organize such implementation according to relevant regulations on the delegation of authority.

　　Chapter II  Functions and Duties

　　Article 6     The jurisdiction of the Pearl Bay Authority covers the Pearl Bay Start-up Area in Nansha District, Guangzhou (hereinafter referred to as “the Pearl Bay Start-up Area”), which shall be delimited according to the Regulatory Plan for Pearl Bay Start-up Area in Guangzhou Nansha District as approved by the municipal people’s government. Any and all significant adjustments to such jurisdiction, if necessary, shall be disclosed to the public after being submitted to and approved by the municipal people’s government.

　　Article 7     The Pearl Bay Authority shall perform the following duties in terms of planning and land management within its jurisdiction:

　　(1) Preparing urban-rural plans together with the land resources and planning authority according to national, provincial and/or municipal relevant planning requirements, and implementing such plans after having requested and obtained approval; and

　　(2) Working out land supply plans and land use plans, land transfer conditions and annual land transfer plans, and organizing the application for land use approval and the implementation after approval, the land supply and the post-supply supervision and administration.

　　Article 8     The Pearl Bay Authority shall perform the following duties in terms of construction management within its jurisdiction:

　　(1) Being responsible for affairs associated with project initiation approval and filing, preliminary project design and project change, as entrusted by relevant administrative departments;

　　(2) Being responsible for working out detailed implementation plans and annual plans on development and construction, and organizing and promoting the development and construction of urban infrastructure and public service facilities; and

　　(3) Being responsible for the administration of the investment in and quality of construction projects.

　　Article 9     The Pearl Bay Authority shall perform the following duties in terms of investment plan management within its jurisdiction:

　　(1) Being responsible for planning as a whole and preparing plans for government-invested projects, social capital-invested projects, and projects cooperatively invested by government and social capital, according to relevant procedures, and supervising the implementation of such projects if approved according to the prescribed procedures; and

　　(2) Being responsible for the statistics and analysis of investment projects.

　　Article 10   The Pearl Bay Authority shall perform the following duties in terms of investment invitation and attraction within its jurisdiction:

　　(1) Be responsible for working out support policies and measures for industrial introduction and project settlement, and organizing the implementation of such policies and measures; and

　　(2) Being responsible for promoting economic cooperation and industrial introduction, facilitating the cluster development of high-end industries, such as financial services, scientific and technological innovation, headquarter economy, international shipment and trade shows.

　　Article 11   The Pearl Bay Authority shall plan as a whole and coordinate the management of the operation and maintenance of urban infrastructures and public service facilities within its jurisdiction, and shall explore the mode of management of operations with the involvement of joint efforts of government and social force.

　　The Pearl Bay Authority may establish enterprises according to law to engage in such businesses as land development, infrastructure construction, public service facility operation and project investment. The Pearl Bay Authority shall perform its obligations as an investor, and the proceeds therefrom shall be used for the development and construction of the Pearl Bay and other purposes approved by the Management Committees.

　　Article 12   The Pearl Bay Authority shall make use of the social capital and the market mechanism, and build a multi-level investment and financing system to raise funds for development and construction.

　　Article 13   The Pearl Bay Authority’s projects using fiscal funds shall follow government procurement procedures according to law. For construction projects of the Pearl Bay Authority that conform to the conditions for tendering shall be included in the unified bidding platform for tendering.

　　Article 14   The Pearl Bay Authority shall be responsible for providing services for coordination of administrative approvals with respect to the construction projects within its jurisdiction, and shall plan as a whole and coordinate the implementation of businesses by developers and construction contractors.

　　The Pearl Bay Authority is responsible for assisting relevant sectors of the municipal people’s government, relevant sectors of the People’s Government of Nansha District and relevant towns and sub-districts in performing their respective functions and duties according to law within its jurisdiction.

　　Article 15   The Pearl Bay Authority shall work out a responsibility list according to these Rules, and disclose it to the public after it is submitted to and approved by Management Committees. The responsibility list shall be subject to dynamic adjustment.

　　Where any duties other than those specified herein really need to be performed by the Pearl Bay Authority, Management Committees shall report it to the municipal people’s government for approval according to relevant procedures.

　　Chapter III   Governance

　　Article 16   The Pearl Bay Authority shall set up a decision-making committee, which shall exercise the power of decision-making and the supervisory power with respect to major matters of the Pearl Bay Authority.

　　The decision-making committee shall be composed of an odd number of members and the number of members shall not exceed 9.

　　The decision-making committee shall have one (1) chairman served by a leader of the Management Committees. Other members of the decision-making committee may be served by the major principals of relevant sectors of the People’s Government of Nansha District, the director of the Pearl Bay Authority, and non-State staff who have good moral characters and influence in relevant industries or fields, and other outside members. Members of the decision-making committee shall be determined by the People’s Government of Nansha District.

　　The decision-making committee may set up such special subordinate committees as committees of development planning, financial management, human resources and remunerations, and supervision and audit, which shall provide professional opinions and suggestions for the decision-making committee.

　　Article 17   The decision-making committee has the power to decide on the following matters:

　　(1) Formulating and modifying the charter of the Pearl Bay Authority;

　　(2) Working out the development strategies and plans for the jurisdiction of Pearl Bay Authority;

　　(3) Working out the annual work plans and major event plans for the Pearl Bay Authority;

　　(4) Nominating candidate for the director of the Pearl Bay Authority;

　　(5) Reviewing the financial budget drafts and the report drafts on final accounts of the Pearl Bay Authority;

　　(6) Reviewing the quota of salaried staff, the number of senior executives, the total amount of remuneration, the personal remuneration standards, the annuity standards, and the post setting plan, and submitting them to Management Committees for approval;

　　(7) Deciding on the recruitment plans, pay distribution plans and performance appraisal plans of the Pearl Bay Authority;

　　(8) Formulating and modifying the important internal management rules and regulations of the Pearl Bay Authority;

　　(9) Reviewing the annual work reports and special work reports of the Pearl Bay Authority, and submitting them to Management Committees;

　　(10) Supervising the implementation of its decisions by the management; and

　　(11) Other major matters to be decided on, deliberated or supervised by the decision-making committee.

　　Article 18   The decision-making committee shall make decisions on a collective basis and in the form of meeting.

　　Meetings of the decision-making committee shall be convened and presided over by the chairman of the committee at least once every half a year. Upon the requisition of the chairman or more than one-third of members of the committee, a meeting of the committee may be convened.

　　A meeting of the decision-making committee may be held only when more than two-thirds of its members attend the meeting. Meetings of the decision-making committee practice the voting system. No decision may be adopted by the decision-making committee without the consent of more than half of its members. At the time of voting, the chairman shall have equal right as other members of the decision-making committee.

　　Where any member of the decision-making committee has an interest in any agenda item discussed at a meeting of the decision-making committee, the member shall withdraw.

　　Article 19   The Pearl Bay Authority practices a director responsibility system, with the director of the Pearl Bay Authority acting as the legal representative of the Pearl Bay Authority.

　　The Pearl Bay Authority shall have one (1) director, who shall be nominated by the decision-making committee and appointed by Management Committees. The term of office for the director shall not exceed five (5) years. The director may be appointed for two (2) terms at most.

　　The deputy director(s) of the Pearl Bay Authority shall be nominated by the director and appointed by Management Committees. The term of office for the deputy director(s) shall not exceed five (5) years. The deputy director(s) may be re-appointed. The director and the deputy director(s) shall jointly form the management of the Pearl Bay Authority.

　　The Pearl Bay Authority may engage economists, engineers, accountants and legal advisors, if needed for work, to assist the director in dealing with specialized affairs. Such economists, engineers, accountants and legal advisors shall be engaged by the Pearl Bay Authority.

　　Article 20   The management of the Pearl Bay Authority shall execute the decisions made by the decision-making committee, and shall be responsible for the management of various affairs of the Pearl Bay Authority. The detailed duties of the management shall be as follows:

　　(1) Working out and organizing implementation of the charter of the Pearl Bay Authority;

　　(2) Working out and organizing implementation of the development strategies and plans for the jurisdiction of the Pearl Bay Authority;

　　(3) Working out and organizing implementation of the annual work plans and major event plans for the Pearl Bay Authority;

　　(4) Preparing the financial budget drafts and the report drafts on final accounts of the Pearl Bay Authority, organizing implementation of such budgets, and managing the financial affairs and assets of the Pearl Bay Authority;

　　(5) Working out the quota of salaried staff, the number of senior executives, the total amount of remuneration, the personal remuneration standards, the annuity standards, and the post setting plan;

　　(6) Working out the plans for recruitment of staff of the Pearl Bay Authority, and engaging and appraising other personnel of the Pearl Bay Authority;

　　(7) Working out pay distribution plans and performance appraisal plans of the Pearl Bay Authority;

　　(8) Working out the important internal management policies of the Pearl Bay Authority, formulating other internal management policies and codes of conduct for its employees, and organizing the implementation of such policies and codes;

　　(9) Working out the annual work reports and special work reports of the Pearl Bay Authority;

　　(10)      Organizing business activities and managing daily affairs;

　　(11)      Organizing implementation of other items entrusted by Management Committees and the People’s Government of Nansha District, and organizing implementation of other items determined by the decision-making committee.

　　Article 21   The Pearl Bay Authority shall have an advisory committee and engage domestic and overseas celebrities, experts, scholars and entrepreneurs as members of the advisory committee. The Pearl Bay Authority shall seek opinions from the advisory committee on significant decisions and matters concerning the development and construction of the Pearl Bay Authority.

　　Chapter IV   Financial Management

　　Article 22   The funds of the Pearl Bay Authority shall come from both fiscal appropriation and market-based revenues.

　　Article 23   The Pearl Bay Authority has an independent financial management power. And its annual financial budgets, if finalized by Management Committees, shall be included into the annual fiscal budgets of Nansha District, Guangzhou, and shall be implemented by the Pearl Bay Authority after being deliberated and approved by the People’s Congress of Nansha District.

　　The Pearl Bay Authority may, within the limits of its statutory authority, seek revenues from land utilization and market-based operation of public service products.

　　Article 24   The finance authority of Guangzhou Nansha Economic and Technological Development Zone shall timely appropriate funds in full to the Pearl Bay Authority according to the approved annual fiscal budgets, and shall carry out performance evaluation on the Pearl Bay Authority’s projects using fiscal funds.

　　Article 25   The Pearl Bay Authority shall strictly comply with national, provincial and municipal relevant regulations on financial management, formulate the measures for management of use of fiscal funds, and define the range of and standards for the use of fiscal funds.

　　For the funds other than fiscal funds, the Pearl Bay Authority shall formulate appropriate measures for the use thereof by reference to the measures for management of use of fiscal funds.

　　Chapter V    Human Resources and Remuneration Management

　　Article 26   The Pearl Bay Authority shall implement a personnel mechanism giving priority to market-oriented means and with the coexistence of multiple means of employment. Officers from organs and public institutions may communicate with or take office in the Pearl Bay Authority according to relevant regulations, and in the event that any of them receives personal remunerations from the Pearl Bay Authority, he/she shall no longer retain his/her status in the quota of and his/her position with the organ or public institution. The method of communication and office-taking and the transition shall be otherwise prescribed by Management Committees.

　　The Pearl Bay Authority has the autonomy in employment and shall work out recruitment plans within the quota of salaried staff, number of senior executives, and scope of post-setting approved by Management Committees, and select and employ staff in public at home and abroad.

　　Article 27   The Pearl Bay Authority shall work out an employment system, a pay distribution system and a performance appraisal system in accordance with scientificity, reasonableness, streamlining, high efficiency, openness, equality and competitive selection.

　　Article 28   The Pearl Bay Authority shall sign labor contracts with the staff engaged by it, according to law to determine the labor relationship.

　　The salaried staff in the Pearl Bay Authority shall participate in endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance according to relevant regulations, shall be subject to the annuity management system, and shall pay contribution to the housing provident fund according to law.

　　Article 29   The quota of salaried staff, number of senior executives, total amount of remuneration, and personal remuneration standards of the Pearl Bay Authority shall be determined by Management Committees taking into comprehensive consideration the following factors:

　　(1) Tasks undertaken by the Pearl Bay Authority during the current period;

　　(2) Market pay level;

　　(3) Staffing and pay distribution status of similar functional areas in China; and

　　(4) Other factors with significant impact on staffing and pay distribution.

　　The Pearl Bay Authority shall determine staff remunerations based on their performances of duties and the market pay level and according to the provisions of the preceding paragraph.

　　Article 30   Guided by work goals and results, the Pearl Bay Authority shall establish a performance appraisal mechanism and a compensation and incentive mechanism in accordance with the principle of combining reward and punishment, and within the range of the total remuneration amount and personal remuneration standards..

　　Article 31   The Pearl Bay Authority shall strengthen staff training and management to improve their professional competence and comprehensive quality.

　　Chapter VI   Supervisory Mechanism, Accountability and Exemption From Liability

　　Article 32   The Management Committee and relevant sectors of the People’s Government of Nansha District shall carry out supervision over the Pearl River Authority ex officio in terms of performance, human resource management, pay distribution, post-setting, budget execution, financial revenues and expenditures, economic liabilities, etc.

　　Article 33   The Pearl Bay Authority shall establish a streamlined and self-disciplined internal supervisory mechanism and a risk prevention and control, audit, and integrity oversight system.

　　Article 34   The Pearl Bay Authority shall disclose relevant government information to the public according to law.

　　Article 35   Where the Pearl Bay Authority fails to perform or properly perform its duties, the persons that take leadership responsibility or are directly responsible shall be held accountable according to relevant regulations; in the case of a suspected crime, the case shall be referred to the competent judicial authority for handling according to law.

　　Where any staff member of the Pearl Bay Authority fails to perform or properly perform his/her duties, he/she shall be held responsible according to relevant regulations and contractual terms; in the case of a suspected crime, the case shall be referred to the competent judicial authority for handling according to law.

　　Article 36   Where the Pearl Bay Authority cannot achieve the expected results in its reform and innovation done in the way as instructed by the State, with the decision making procedures conforming to the provisions of relevant laws, regulations and rules, and the Pearl Bay Authority acts with due diligence and without seeking personal gains, committing malicious collusion to damage public interests or giving negative comments about any entity or individual, it shall be exempted from relevant responsibilities.

　　This provision shall apply unless otherwise specified in relevant laws and regulations.

　　Chapter VII       Supplementary Provisions

　　Article 37   These Rules shall become effective as of the date of promulgation.