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Measures of Guangzhou Municipality for the Management of Bonded Areas Under the Customs’ Supervision

2024-04-09 15:27
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  (Issued on June 16, 2012 in accordance with Decree No. 73 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

  Article 1     These Measures are formulated in accordance with the relevant laws and regulations, on the basis of the actual conditions of the Municipality and with a view to regulating the management of the bonded areas under the Customs’ supervision in this Municipality, promoting the construction and development of the bonded areas under the Customs’ supervision, giving full play to the functional advantages and radiating driving role of the bonded areas under the Customs’ supervision, and expanding opening up to the outside world.

  Article 2     The term “bonded area under the Customs’ supervision” herein refers to such special supervision areas as bonded areas, export processing zones, bonded logistics parks, bonded port areas, comprehensive bonded areas and cross-border industrial parks established with the approval of the State Council.

  Article 3     These Measures are applicable to the planning, construction and management of bonded areas under the Customs’ supervision within the administrative areas of this Municipality.

  Article 4     The municipal commerce authority shall be responsible for the overall planning and coordination of the bonded areas under the Customs’ supervision in this Municipality, guide the bonded areas under the Customs’ supervision to carry out such business activities as bonded trade, bonded processing bonded logistics, etc. and be responsible for organizing the implementation of these Measures.

  The relevant authorities in charge of development and reform, planning, land, construction, transport, ecological environment and market regulation shall assist ex officio in promoting the construction and development of bonded areas under the Customs’ supervision.

  Article 5     The management committee of a bonded area under the Customs’ supervision (hereinafter referred to as the “Management Committee”) is the dispatched office of the municipal people’s government, which implements unified management of the development, construction and economic development affairs of the bonded area under the Custom’s supervision and performs the following duties on behalf of the municipal people’s government:

  (1) Implementing the laws, regulations, rules and policies on the relevant bonded area under the Customs’ supervision, and formulating normative documents and policies and measures in accordance with the laws, regulations and rules on the relevant bonded area under the Customs’ supervision;

  (2) Organizing the formulation of economic development plans for the bonded area under the Custom’s supervision, formulating relevant industrial policies and support measures, and organizing the implementation after being approved in accordance with relevant procedures;

  (3) Organizing the formulation of development and construction plans for the bonded area under the Custom’s supervision, organizing the implementation after being approved in accordance with relevant procedures, and being responsible for the land development and infrastructure construction in the area;

  (4) Accepting the entrustment of the authorities in charge of development and reform, commerce, planning, land, construction, ecological environment, etc., and taking charge of the relevant administrative work in the bonded area under the Custom’s supervision according to the scope of entrusted powers;

  (5) Coordinating and supporting the supervision and management of the related work in the bonded area under the Custom’s supervision by the authorities in charge of customs, border inspection, maritime affairs, foreign exchange management, market regulation, taxation, ports, civil aviation, etc. and expanding the business functions of the bonded area under the Custom’s supervision;

  (6) Promoting the improvement of the investment environment and public services in the bonded area under the Custom’s supervision, and providing guidance and services for enterprises;

  (7) Performing other duties assigned by the municipal people’s government and undertaking other matters assigned by the municipal people’s government.

  Article 6     As entrusted by the relevant authorities, the Management Committee may exercise the following management powers within the bonded area under the Custom’s supervision:

  (1) The investment management powers entrusted by the development and reform authority for the review and approval, ratification and filing of investment projects;

  (2) The powers to manage foreign investment and foreign trade, etc. entrusted by the commerce authority;

  (3) The land management powers entrusted by the land authority, including the initial review of the allocation and assignment and the like of state-owned land-use rights before the land supply for the construction project, the issuance of the preliminary review report on the land use of the construction project, the handling of matters related to the investigation and punishment of illegal land use, etc.;

  (4) The construction management powers entrusted by the construction authority, including construction project permit, preliminary design review of large and medium-sized construction projects, review and approval of urban road design, bidding supervision, project quality and safety supervision, supervision and management of construction enterprises, survey and design enterprises, construction market intermediary service enterprises, etc.;

  (5) The management powers entrusted by the ecological environment authority for ecological environment law enforcement and the review and approval of documents concerning the environmental impact assessment of construction projects, including the organization and implementation of daily supervision and management, pollutant discharge fees, total emission reduction, issuance of pollutant discharge licenses, environmental monitoring environmental emergency response, etc.;

  (6) Other management powers, after consultation with the Management Committee, determined to be entrusted by other management authorities as needed.

  Where an authority entrusts the Management Committee to exercise management powers, a written power of attorney shall be signed indicating the details of the entrusted matters.

  The Management Committee shall report to the entrusting authority the implementation of the entrusted management powers; the entrusting authority shall guide and supervise the Management Committee’s implementation of the management powers.

  Article 7     The district people’s government where the bonded area under the Custom’s supervision is located shall support the development, construction and industrial development of the bonded area under the Custom’s supervision, and may designate a special working agency to cooperate with the Management Committee to carry out relevant work.

  Article 8     The establishment, expansion and location adjustment of a bonded area under the Customs’ supervision shall follow the principle of economical and intensive use of land, and conform to the overall land use plan and the overall urban plan.

  The establishment, expansion, location adjustment and withdrawal of a bonded area under the Customs’ supervision shall be handled in accordance with relevant State regulations.

  Article 9     The bonded area under the Custom’s supervision shall be planned and designed in accordance with the planning control area and the four-dimensional scope approved by the State.

  The detailed control plan for the bonded area under the Custom’s supervision shall be formulated by the municipal planning authority in conjunction with the Management Committee as per the requirements of the overall urban plan, and shall not be implemented unless approved by the municipal people’s government.

  Article 10   The bonded area under the Custom’s supervision may be constructed in stages according to the needs of business operation and industrial development. The development and operation entities of the bonded area under the Custom’s supervision shall, in accordance with the corresponding development and construction plan, carry out the construction and operation management work in stages under the supervision and guidance of the Management Committee.

  The bonded area under the Custom’s supervision that is under the closed management of purse seine shall, in accordance with the requirements of the acceptance standards for the Customs’ special supervision area infrastructure and supervision facilities, plan and construct such infrastructure and supervision facilities as checkpoints, fences, passages, inspection sites, supervision warehouses, monitoring systems, inspection and processing sites and facilities, etc., provide necessary office conditions for the resident Customs and other supervisory authorities, and ensure the smooth flow of water, electricity supply and communication lines required for office work.

  Article 11    The municipal people’s government shall formulate preferential policies and promotion measures to promote the development of bonded areas under the Customs’ supervision, and support the construction and development of bonded areas under the Customs’ supervision in terms of projects, land funds, etc.

  Article 12   The Management Committee shall, in accordance with the State’s industrial development requirements for the bonded area under the Customs’ supervision, the Municipality’s industrial development strategy and the functional positioning of the bonded area under the Customs’ supervision, formulate and announce the industrial development policies for the bonded area, guide projects suitable for development in the bonded area, and strengthen guidance and services for enterprises entering the bonded area.

  The production and business activities in the bonded area under the Customs’ supervision shall conform to the industrial development policy orientation of the bonded area.

  Article 13   The Management Committee may set up special funds for development to support the development of industries and supporting services that meet the functions of the bonded area under the Customs’ supervision.

  Article 14   The revenues of the transfer of state-owned land in the bonded area under the Customs’ supervision shall be managed by means of separation between revenue and expenditure, and will be collected uniformly by the finance authority and used for land development and infrastructure construction in the bonded area.

  Article 15   Financial institutions and large enterprises are encouraged to invest or cooperate in the establishment of special investment funds to support the development of industries and supporting services that meet the functions of bonded areas under the Customs’ supervision.

  Article 16   The municipal commerce authority shall take the lead in establishing a coordination mechanism for the bonded areas under the Customs’ supervision in this Municipality to coordinate the solutions of the major problems encountered during the joint development of bonded areas under the Customs’ supervision and their construction and operation, and shall adopt the coordination mechanism of simplifying customs clearance procedures to improve the overall customs clearance efficiency and service level in the bonded areas under the Customs’ supervision.

  The Management Committee shall take the lead in establishing a supervision and coordination mechanism within the bonded area under the Customs’ supervision to coordinate the work and affairs of the authorities in charge of customs, border inspection, maritime affairs, foreign exchange management, taxation market regulation, etc. as well as relevant business service entities within the bonded area under the Customs’ supervision.

  Article 17   The municipal commerce authority shall take the following measures to coordinate and promote the joint development of different bonded areas under the Customs’ supervision:

  (1) Supporting and cooperating with the Customs and other regulatory authorities to innovate the regulatory system and model;

  (2) Promoting mutual recognition of inspection results between different bonded areas under the Customs’ supervision;

  (3) Promoting mutual recognition and sharing of enterprise integrity rating results between different bonded areas under the Customs’ supervision, for enjoying corresponding facilitation measures;

  (4) Other promotion measures.

  Article 18   The Management Committee shall establish a statistical work system, conduct the systematic investigation, statistics and analysis on the production, trade, investment, performance, development and other aspects of enterprises within the bonded area under the Customs’ supervision, fill in statistical report forms as required, and submit them to the provincial and municipal commerce authorities and the statistical agency of the district people’s government where it is located.

  The municipal commerce authority shall conduct summary statistics according to the statistical report forms submitted by the Management Committees, and use the statistical data in accordance with the law.

  The development and operation entities in the bonded area, as well as the enterprises and other statistical survey objects in the bonded area, shall provide relevant statistical data in a true, accurate, complete and timely way in accordance with the relevant regulations and the requirements of the Management Committee.

  Article 19   The Management Committee shall set up a place for centralized handling of administrative licensing and registration items as well as the filing matters, and shall employ the mechanism of one-window acceptance, centralized handling, closing within a specified time, and follow-up services, so as to provide efficient and convenient services for enterprises within the bonded area.

  Article 20   The Management Committee shall support and assist relevant authorities in performing their administrative law enforcement duties in accordance with legal procedures.

  Upon the request of the relevant authorities, the Management Committee may uniformly arrange the daily administrative law enforcement activities of the relevant authorities within the bonded area under the Customs’ supervision. For unannounced inspections, random inspections,and administrative law enforcement activities due to the emergency, the Management Committee shall formulate pre-arranged plans in conjunction with relevant authorities to ensure that law enforcement officers conduct on-site law enforcement timely.

  Upon completion of the law enforcement activities in the bonded area under the Customs’ supervision, the relevant authorities shall notify the Management Committee of the law enforcement of the situation.

  Article 21   The Management Committee shall, in conjunction with the municipal authorities in charge of commerce, transport and government service data management, etc. organize the implementation and improvement of the information technology development of the bonded area under the Customs’ supervision, and support the Customs, foreign exchange, taxation and other supervisory authorities to implement computer networking management through the Guangzhou Electronic Port Platform, and promote the integration and utilization of public information resources within the bonded area.

  Article 22   The Management Committee shall set up a centralized inspection area within the bonded area under the Customs’ supervision, and the Customs and other regulatory authorities shall, within the scope of their respective duties and based on actual needs, inspect the incoming and outgoing goods required to be inspected by law.

  Article 23   The Management Committee shall coordinate and cooperate with the organs in charge of commerce, customs, airports, ports, etc. to reasonably determine the inspection procedures and inspection methods for goods transferred between the bonded area under the Customs’ supervision and the ports, and build an efficient and convenient customs clearance environment.

  Article 24   The authorities in charge of Customs, taxation, etc. shall, in accordance with the relevant provisions of the State, conduct integrity rating assessment on the enterprises in the bonded area under the Customs’ supervision, and give corresponding facilitation measures to the enterprises with high rating scores.

  Article 25   The goods and other items into and out of the bonded area under the Customs’ supervision and the trade, taxation, foreign exchange management of enterprises in the bonded area and other related work shall be carried out by the authorities in charge of customs, commerce, taxation and foreign exchange management and other related departments in accordance with the provisions of relevant laws, regulations and rules.

  Article 26   Where the Management Committee or any other relevant authority and its staff member, in violation of the provisions of these Measures, fails to perform its/his/her duties required by law, the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 27   These Measures shall come into force on August 1, 2012.