Regulations of Tianjin Economic-Technological Development Area

(Adopted at the thirty-ninth session of the Standing Committee of the Thirteenth People's Congress of Tianjin on January 9th, 2003)

Chapter One General Provisions

Article 2 TEDA is an economic zone mainly to utilize foreign investment, develop industries and export to earn foreign currency as well as to commit itself to the development of new and high technology industries; it is an experimental zone for opening up and carrying out reform, establishing and improving the structure of socialist market economy in this Municipality.

Article 3 TEDA shall be a landmark area of the modern international port metropolitan, with perfect infrastructure facilities, complete functions, advanced technologies, excellent environment, rational industrial structure, highly developed productivity and all round economic and social progresses.

Article 4 TEDA shall actively advance the corresponding reform and innovation of its administrative system as required by the law of socialist market economy.

Article 5 TEDA shall create good conditions for units and individuals to make investment, research and develop and start up businesses and protect their lawful rights and interests.

Chapter Two Administrative System and Norm of Conduct

Article 6 Tianjin Economic-Technological Development Area Administrative Commission ( hereinafter refereed to as "TEDAAC") is an agency of Tianjin Municipal People's Government ( hereinafter refereed to as "TMPG") which shall exercise unified administration of TEDA on behalf of TMPG.

Article 7 TEDAAC shall execute administration in TEDA on the principle of integration of administration, service and promotion of development and perform the following functions:
(1) to organize the preparation of the economic and social development plans of TEDA, overall plans and relevant special programs and organize their implementation upon approval;
(2) to establish and improve the system of budget and financial statement and accept supervision according to law;
(3) to plan in an unified way various infrastructural facilities, public utility and public welfare facilities according to the relevant plans of the municipality and the coastal new area and set relevant charging standards;
(4) to administer in an unified way the land, planning, constructions, house properties, city appearance and so on in TEDA;
(5) to examine and approve investment projects in TEDA in the power capacity of TMPG;
(6) to exercise labor administration in TEDA and protect the lawful rights and interests of staff and workers as well as employing units;
(7) to formulate TEDA administrative provisions and inspect the implementation of various provisions;
(8) to inspect and supervise, according to law, how the enterprises and institutions of TEDA to observe laws and regulations;
(9) to administer in an unified way various social affairs and promote the development of various public welfare undertakings;
(10) to inspect and supervise the work of the branch organs established by relevant departments of TMPG in TEDA;
(11) to support and coordinate the work of the branch organs established by relevant departments of the State Council in TEDA; and
(12) to perform other functions authorized by TMPG.

Article 8 TEDAAC shall establish and adjust administrative departments and empower them corresponding administrative agencies on the principle of simplified structure and high efficiency and within the power authorized by TMPG.

Article 9 Various municipal level administrative departments of this Municipality shall empower the corresponding administrative agencies of TEDA to exercise their administrative functions and powers so as to raise the working efficiency. The administrative agencies of TEDA shall accept, in their work, supervision and guidance of the competent departments at the higher level.
The municipal-level administrative departments shall not establish their offices in TEDA with the exception of those practicing the vertical leadership as prescribed by laws and administrative regulations.

Article 10 TEDAAC shall administer the assignment and transfer of the right to the use of the land with compensation in TEDA according to law. TEDA land administrative department shall be responsible for the registration of the assignment and transfer of the right to the use of the land with compensation in TEDA, administration of fee collection and issuance of the Certificate of Use of the State Owned Land.

Article 11 The administrative conducts of the administrative departments and their working personnel in TEDA must be in conformity with the legal functions and powers as well as procedures; no interference shall be permitted with respect to matters to be decided by units and individuals of their own accord.

Article 12 The administrative departments and their working personnel in TEDA shall abide by the principle of clean government, high efficiency and being open, just and fair in their work and provide good quality service.

Article 13 The administrative departments in TEDA practice the system of open government affairs, they shall make public and known the grounds and bases to perform their functions, items of examination and approval items of fees and charges, procedures, time requirements, and service information via press, television, governmental web station and other media or publish them in adequate forms and at their business handling sites.

Article 14 The administrative departments in TEDA practice the system of government affairs to be handled within prescribed time, the items for examination and approval to be applied for by units and individuals shall, upon satisfaction with requirements, be approved within five working days as of the date of acceptance for handling; explanations shall be given in time to the applicants for those not in conformity with the requirements.
Another three working days may be extended in case that the items for examination and approval can not be completed as stipulated by the Paragraph above under exceptional circumstances; however, explanations shall be given in time to the applicants.

Article 15 TEDAAC pushes the system of hearings on important decisive matters concerning the long term development of TEDA and interests of units and individuals, and improve it constantly.

Article 16 The administrative enforcement inspections to be organized by various departments of TMPG and to be carried out towards the enterprises in TEDA shall be conducted by the administrative departments of TEDA under the instruction of the municipal-level administrative departments and the leadership of TEDAAC.

Article 17 TEDAAC shall set up an easy accessible and highly efficient complaint handling mechanism, and settle timely problems put forward by units and individuals.

Chapter Three Investment Promotion

Article 18 TEDA shall strengthen the construction of infrastructural facilities and public facilities, greatly develop public welfare undertakings, enhance the working efficiency and service level of the administrative departments so as to provide units and individuals with excellent investment, working and living environment.

Article 19 TEDA encourages units and individuals to open technologically advanced and new rising industrial enterprises in conformity with the State industrial policies and the industrial orientation of TEDA.

Article 20 TEDA encourages units and individuals to open commercial, educational, cultural, sports, tourist and other enterprises, institutions and organizations in conformity with the regional planing and the industrial orientation of TEDA.

Article 21 Units and individuals are encouraged to set up service institutions such as finance, insurance, law, accounting, appraisal and consultancy in TEDA to provide all round service for the production, operation and business startup activities of units and individuals.

Article 22 TEDA actively encourages units and individuals to invest to build and operate infrastructural facilities of water supply, power supply, heat supply, drainage, roads and others.

Article 23 TEDAAC may, in addition to grant of preferential policy as per the State laws and regulations to the industries which it encourages to develop, give units and individuals support for policy consideration.

Article 24 The administrative departments may not levy any administrative fees on enterprises of TEDA with the exception of those proscribed by laws and regulations.

Article 25 Upon applications for establishment of enterprises in TEDA, the industrial and commercial administrative department shall register them directly. The basis and ground of laws and administrative regulations shall be necessary for those are required to have pre-examination and approval.
With respect to those of direct registration, the industrial and commercial administrative department shall complete the registration within five working days. For those are required to have pre-examination and approval, the parallel examination and approval shall be conducted as per relevant provisions of this Municipality.

Article 26 Enterprises to be established in TEDA shall be in conformity with the industrial policy and industrial orientation of TEDA, their operational items shall be permitted for registration with exception of those to be prohibited or restricted by laws, regulations and rules.

Article 27 Units and individuals to set up enterprises in TEDA may use the intangible assets such as the patent right, non patent technology as the registered capital contributions.
The value of the intangible assets as investment contributions, without involving the State owned assets, may be determined through consultation among investing parties; the value of the intangible assets as investment contributions, in case of involving the State owned assets, shall be determined through appraisal by qualified institutions.

Chapter Four Promotion of Development of New and High Technology Industries