Regulations on the Administration of Qingdao Bonded Zone of Shandong Province
Public Announcement of the Standing Committee of the People's Congress of Shandong Province (No.109)
The Decision of the Standing Committee of the People Congress of Shandong Province on Modifying the Regulations on the Administration of Qingdao Bonded Zone of Shandong Province was adopted at the 32nd Meeting of the Standing Committee of the Ninth People's Congress of Shandong Province on November 22, 2002 after deliberation, and is hereby promulgated and put into practice.
Standing Committee of the People's Congress of Shandong Province November 22, 2002
Regulations on the Administration of Qingdao Bonded Zone of Shandong Province
(Adopted at the 5th Meeting of the Standing Committee of the Eighth People's Congress of Shandong Province on January 17, 1994, modified according to the Decision of the Standing Committee of the People's Congress of Shandong Province on Modifying the Regulations on the Administration of Qingdao Bonded Zone of Shandong Province adopted at the 32nd Meeting of the Standing Committee of the Ninth People's Congress of Shandong Province on November 22, 2002)
Chapter 1 General Rules
Article 1 In order to strengthen the administration of Qingdao Bonded Zone and to promote foreign trade and economic and technical cooperation, these Regulations are formulated in accordance with the relevant state laws and regulations and in light of the actuality of this Province.
Article 2 Qingdao Bonded Zone (hereinafter referred to as Bonded Zone), which has been established upon approval of the State Council, is a comprehensive open area under the control of the customs with isolation facilities and subject to special administration. The relevant economic activities of the enterprises, agencies and individuals in the Bonded Area must comply with the state laws and regulations, and these Regulations.
Article 3 The Bonded Zone shall, according to the state laws and regulations and by reference with the general rules of international free trade zones, develop foreign trade, carrying trade, processing trade and high-tech industry, initiate storage, conveyance, commodity exhibits and sale, commodity retail, finance, insurance, information, real estate and other tertiary industries.
Article 4 Overseas and domestic enterprises, agencies and other economic organizations and individuals (hereinafter referred to as investors) all may invest to establish enterprises and set up agencies within the Bonded Zone upon approval, and their legitimate rights and interests are under the protection of law.
Chapter 2 Administration and Service Agencies
Article 5 The Administration Committee of Qingdao Bonded Zone (hereinafter referred to as Committee) is an agency of the People's Government of Qingdao City in charge of the administrative affairs of the Bonded Zone and exercises the following authorities:
1) Drawing up plans for the construction and development of the Bonded Zone and implementing such plans after examination by the People's Government of Qingdao City and upon approval by the People's Government of the Province;
2) Formulating and promulgating the administrative provisions of the Bonded Zone;
3) Setting forth schemes on internal structures and personnel arrangements of the Committee and submitting such schemes to the People's Government of Qingdao City for approval before implementation;
4) Taking charge of the administrative affairs of the Bonded Zone in terms of finance, labor and personnel, land, real estate, traffic and transportation, public utilities etc, and assisting the customs in the control of the Bonded Zone;
5) Being responsible for the construction and administration of the public utilities within the Bonded Zone;
6) Examining and approving the investment projects within the Bonded Zone;
7) Examining and approving the short-term going abroad on business of the staffs of the administration bodies and the personnel of the Chinese parties to the enterprises within the Bonded Zone;
8) Administrating and supervising the economic activities such as foreign trade, carrying trade and development and construction etc within the Bonded Zone;
9) Other powers granted thereto.
Article 6 The departments of taxation, industry and commerce, quality and technical supervision, entry and exit inspection and quarantine, and foreign exchange etc may set up agencies within the Bonded Zone.
Article 7 The Bonded Zone and the Qianwan Port Area of Qingdao Port shall be subject to uniform planning and administration. The Bonded Zone may set up special docks and births.
Article 8 The Bonded Zone shall adopt independent accounting in income and expenditure administration.
Chapter 3 Investment and Operation Administration
Article 9 To establish an enterprise in the Bonded Zone, an investor shall file an application with the Committee, and after approval, make the industry and commerce registration and draw the business license with the departments of industry and commerce administration by taking the relevant documents.
Article 10 The investor shall, within 30 days after drawing the business license, go through the registration formalities respectively with the departments of finance, taxation, customs and foreign exchange etc.
Article 11 An investor may, pursuant to law, obtain land use right, or rent or purchase house property within the Bonded Zone, and may transfer, lease or mortgage the land use right obtained or house property purchased.
Article 12 Schemes on engineering construction design of the enterprises within the Bonded Zone must conform to the relevant provisions on construction planning and environment protection within the Bonded Zone, and be submitted to the Committee for examination and approval.
Article 13 Enterprises within the Bonded Zone have the right to determine their structures, personnel arrangements and labor remuneration by themselves. An enterprise within the Bonded Zone has the right to decide the form of labor use. It may recruit the needed employees within China by itself, either may it entrust the Committee to recruit employees uniformly. The basic guarantees, in terms of labor insurance and labor protection, of the enterprise employees shall conform to the relevant provisions of the state. In case of any dispute arising between the enterprise and any of the employees thereof, the dispute shall be settled through consultation, mediation, arbitration or litigation etc.
Article 14 An enterprise within the Bonded Zone may set the prices of its commodities and services by itself. Finance and accounting operations must follow the finance and accounting regulations of the state. Special account books recognized by the customs shall be set up for the goods exempted from import and export taxes and for the bonded goods.
Article 15 An enterprise within the Bonded Zone may shorten the depreciation period for fixed assets by filing an application and getting approval of the authority in charge.
Article 16 For alteration of the name, legal representative or investment matters, or removal within the Bonded Zone, merger or transfer etc, an enterprise within the Bonded Zone must file an application with the body that originally made the examination and approval, and go through the formalities for alteration or nullification respectively with the relevant departments pursuant to the provisions.
Article 17 An enterprise within the Bonded Zone may, upon approval of the customs, entrust an enterprise outside of the Bonded Zone to process imported raw materials or unfinished products for special purposes, provided that the processed products be conveyed back to the Bonded Zone within the period stipulated in the contract. When the products, and the materials and pieces enter or exit the Bonded Zone, declarations shall be made to the customs and verification formalities shall be gone through pursuant to the provisions.
Chapter 4 Trade Administration
Article 18 A trade enterprise within the Bonded Zone may undertake foreign trade and carrying and processing trade, as well as exhibit and sale of production materials and import and export commodities. A commercial agency established within the Bonded Zone upon approval may engage in commodity wholesale and retail.
Article 19 A production enterprise within the Bonded Zone may import the raw materials it needs and export its products; and may undertake processing business from outside areas and exhibit and sell products within the Bonded Zone.
Article 20 Any goods involved in import and export license administration shall be exempted from import and export licenses when they are conveyed from overseas into the Bonded Zone or vice versa, except as otherwise provided for by the state; and the relevant provisions of the state on import and export administration shall be followed when such goods are conveyed from within the Bonded Zone to non-bonded zones within China or vise versa.
Article 21 Enterprises within the Bonded Zone are encouraged to engage in the logistic business. Upon approval, an enterprise within the Bonded Zone may undertake the businesses such as container transport, freight agency, ship agency and bonded transport etc through the Bonded Zone.
Chapter 5 Finance Administration
Article 22 Upon approval, Chinese and foreign financial institutions may set up business agencies within the Bonded Zone to undertake financial business.
Article 23 Foreign exchange income and expense of the enterprises within the Bonded Zone shall be handled pursuant to the relevant provisions of the state on foreign exchange administration.
Article 24 Designated foreign exchange banks within the Bonded Zone may engage in foreign exchange trade on foreign exchange market pursuant to the relevant state provisions.
Article 25 Enterprises within the Bonded Zone may, upon approval, issue bonds and stocks in China or overseas pursuant to the relevant state provisions.
Chapter 6 Taxation Administration
Article 26 Enterprises and individuals, as well as other economic organizations, within the Bonded Zone shall, pursuant to the provisions, make tax registration and pay taxes pursuant to law, and accept the supervision and inspection by the tax authorities.
Article 27 Enterprises within the Bonded Zone are exempted from local income taxes.
Article 28 Goods entering the Bonded Zone from overseas are exempted from the customs tariff, value-added tax and consumption tax except as otherwise provided for by the state. Goods exiting China through the Bonded Zone are dealt with as bonded goods, and are exempted from the customs tariff in case of re-export. When the goods that entered the Bonded Zone free from tax are transported to non-bonded zones, the customs tariff, value-added tax and consumption tax shall be made up pursuant to the provisions.
Article 29 Goods entering the Bonded Zone from non-bonded zones within China shall go through the formalities as those for export goods, and the relevant provisions of the state shall be observed in export tax refund.
Article 30 Except as otherwise provided for by the state, the products produced or processed by the enterprises within the Bonded Zone shall be exempted from the customs tariff, value-added tax and consumption tax when they are transported overseas; the products shall be exempted from the value-added tax and consumption tax if they are sold within the Bonded Zone except as otherwise provided for by the state. Where the products mentioned in the preceding paragraph enter non-bonded zones within China, the import formalities shall be gone through and the customs tariff, value-added tax and consumption tax shall be paid pursuant to the provisions.
Article 31 Domestic-made infrastructure materials, mechanical equipment and daily use office articles used by the administrative bodies, enterprises within the Bonded Zone and their work staffs for self purpose shall, upon examination and approval of the Committee, be exempted from the customs tariff as provided for by the customs.
Chapter 7 Entry and Exit Administration
Article 32 Any personnel entering or exiting the Bonded Zone shall show their valid certificates recognized by the Committee. The articles carried by individuals shall be inspected by the customs.
Article 33 Conveyances entering and exiting the Bonded Zone shall go through the designated channels on the basis of the long-term or short-term passes issued by the Committee, and be inspected by the customs.
Article 34 Except the relevant security personnel etc approved by the Committee, no other personnel may reside in the Bonded Zone. The affiliated living zones shall be set up at the nearby areas outside the Bonded Zone.
Article 35 Articles prohibited from entering and exiting China by the state may not enter or exit the Bonded Zone.
Article 36 It is strictly prohibited to use the Bonded Zone for illegal activities such as smuggle etc, the offender shall be punished by the relevant departments.
Chapter 8 Supplementary Rules
Article 37 The existing provisions on economic and technological development zones approved by the State Council shall be observed in the administration of the Bonded Zone in other aspects, except there are otherwise provisions in laws and regulations.
Article 38 These Regulations shall come into force on the day of promulgation
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