The State Council issued a notice on several measures to promote institutional opening-up in pilot free trade zones and free trade ports with conditions to meet international high standards

Promoting high-level opening up to the outside world, implementing the free trade pilot zone improvement strategy, accelerating the construction of Hainan Free Trade Port, and steadily expanding institutional opening up such as rules, regulations, management, and standards are major measures to implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. It is an important task deployed by the 20th National Congress of the Communist Party of China. To provide better services, accelerate the construction of a new development pattern, strive to promote high-quality development, focus on pilot projects in certain key areas in qualified free trade pilot zones and free trade ports to align with international high-standard economic and trade rules, coordinate openness and security, and build high-level systems The following measures are now proposed for the institutional system and supervision model that are connected with the openness.

1. Promote innovative development of goods trade

1. Support pilot areas to carry out pilot projects for importing remanufactured products in key industries. Relevant imported products are not subject to China's relevant measures prohibiting or restricting the import of used products, but should comply with all applicable national technical requirements for equivalent new products (including but not limited to quality characteristics, safety and environmental performance, etc.) and relevant regulations on remanufactured products, and Mark the words "Remanufactured Products" in a prominent position. The pilot areas shall propose a pilot plan based on their own actual conditions, clarify the list of relevant imported products and the applicable specific standards, requirements, conformity assessment procedures and regulatory measures; relevant departments shall jointly study and make a decision within 6 months after receiving the pilot plan. Relevant departments and localities have strengthened supervision, management and inspection of remanufactured products, and strictly prevented the import of foreign garbage and used products in the name of remanufactured products. (Scope of application: Shanghai, Guangdong, Tianjin, Fujian, Beijing Free Trade Pilot Zone and Hainan Free Trade Port. Except for the measures applicable to specific pilot areas, the scope of application is the same as above except for the measures applicable to specific pilot areas.)

2. Aircrafts and ships (including related parts and components) that are temporarily shipped out of the country for repair and then re-transported into the pilot areas are exempt from tariffs, regardless of whether they have added value. The above-mentioned aircraft refer to aircraft operated by aviation enterprises with their main operating bases in the pilot areas, and ships refer to ships operated by shipping companies registered in the pilot areas and with independent legal personality and with ports in the pilot areas as their ports of registry. (Scope of application: Hainan Free Trade Port)

3. Goods that are temporarily allowed to enter the pilot areas for repair from abroad will be exempted from tariffs if they are re-exported out of the country; if they are not re-exported and converted to domestic sales, tariffs will be levied according to regulations. (Scope of application: Hainan Free Trade Port implements a special customs supervision area that implements "first-line" liberalization and "second-line" control of the import and export management system)

4. The following goods that temporarily enter the pilot areas from abroad can be temporarily exempted from paying customs duties, import VAT and consumption tax after the taxpayer provides a guarantee to the customs at the time of entry: Temporary immigrants who comply with the provisions of our country's laws carry out business and trade or professional equipment necessary for professional activities (including software, instruments, equipment and supplies used for news reporting or filming movies and TV programs, etc.); goods used for exhibitions or demonstrations; commercial samples, advertising films and recordings; used for sports Sports equipment necessary for competition, performance or training. The above-mentioned goods shall be re-exported out of the country within 6 months from the date of entry, and shall not be used for commercial purposes such as sale or lease during the temporary entry period. If it is necessary to extend the time limit for re-exportation out of the country, extension procedures should be completed in accordance with regulations.

5. Customs in pilot areas shall not refuse to grant preferential tariff treatment to goods solely because of minor errors such as printing errors, typing errors, omissions of non-critical information, or minor differences between documents in the certificate of origin.

6. If the law, facts and circumstances on which the advance ruling is based have not changed, the applicant for the customs advance ruling may apply to the customs in the pilot area for extension of the advance ruling. The customs in the pilot area shall make a decision as soon as possible before the expiration of the validity period of the ruling.

7. On the premise of complying with my country's customs supervision requirements and completing necessary quarantine procedures, the customs in the pilot areas will normally release air express cargo that has submitted the necessary customs documents within 6 hours after arrival.

8. On the premise of complying with my country's relevant laws and regulations and completing necessary quarantine procedures, the customs in pilot areas will release goods that have arrived and submitted all the information required for customs clearance as soon as possible within 48 hours.

9. If the customs duties, other import taxes and fees have not been determined before the goods arrive (including at the time of arrival), but they meet the release conditions in other aspects, and a guarantee has been provided to the customs or the dispute payment procedures have been performed as required, the customs in the pilot area shall be released.

10. In pilot areas, when relevant departments approve or otherwise recognize the qualifications of overseas conformity assessment institutions, the same or equivalent procedures, standards and other conditions for domestic conformity assessment institutions shall apply; overseas conformity assessment institutions shall not obtain legal person status within the country. Or establish a representative agency as a condition for recognizing the certification results or certification-related inspection and testing results issued by it.

11. For information technology equipment products imported into pilot areas, relevant departments should allow the supplier's declaration of conformity to be used as a clear guarantee that the product complies with electromagnetic compatibility standards or technical regulations.

12. In the pilot areas, import labels are allowed to include chateau (wine house), classic (classic), clos (vineyard), cream (smooth), crusted/crusting (wine lees), fine (exquisite) , late bottled vintage (late bottled vintage wine), noble (noble), reserve (collection), ruby ​​(ruby red), special reserve (special collection), solera (solera), superior (higher level) , sur lie (wine lees aging), tawny (aged yellow port), vintage (vintage) or vintage character (vintage characteristics) descriptors or adjectives for wine.

2. Promote free and convenient service trade

13. Except for specific new financial services, if Chinese-funded financial institutions are allowed to carry out a certain new financial service, foreign-funded financial institutions in the pilot areas should be allowed to carry out similar services. The financial management department may determine the type and nature of the institution that provides this new financial service in accordance with its authority, and require a license to provide this service. The financial regulatory authorities shall make a decision within a reasonable period and may not grant permission only for prudent reasons.

14. The financial management departments in the pilot areas shall, in accordance with the principle of internal and external consistency, after receiving complete and statutory applications related to the development of financial services submitted by overseas financial institutions, investors of overseas financial institutions, and cross-border financial service providers, A decision will be made within 120 days and the applicant will be notified promptly. If a decision cannot be made within the above period, the financial management department shall immediately notify the applicant and strive to make a decision within a reasonable period.

15. Enterprises registered in pilot areas and individuals working or living in pilot areas are allowed to purchase overseas financial services across borders in accordance with the law. The specific types of overseas financial services shall be separately stipulated by the financial management department.

16. Encourage overseas professionals to provide professional services to enterprises and residents in the pilot areas in accordance with the law, and support the pilot areas in establishing and improving the ability evaluation and assessment procedures for overseas professionals.

3. Facilitate temporary entry of business personnel

17. The accompanying spouses and family members of internally transferred experts of foreign-invested enterprises in the pilot areas are allowed to enjoy the same period of entry and temporary stay as the experts.

18. For senior managers of foreign enterprises who plan to establish branches or subsidiaries in pilot areas, the validity period of temporary entry and stay is relaxed to 2 years, and accompanying spouses and family members are allowed to enjoy the same period of entry and temporary stay.

4. Promote the healthy development of digital trade

19. For the import, distribution, sale or use of mass market software (excluding software used for critical information infrastructure) and products containing the software, relevant departments and their staff are not allowed to transfer or acquire relevant information owned by enterprises or individuals. Software source code is required as a condition.

20. Support pilot areas to improve the consumer rights protection system and prohibit fraud and commercial fraud that cause damage or potential damage to consumers in online commercial activities.

5. Increase efforts to optimize the business environment

21. Pilot areas should allow free inward and outward remittances without delay for all transfers that are truly compliant and related to investments by foreign investors. Such transfers include: capital contributions; profits, dividends, interest, capital gains, royalties, management fees, technical guidance fees and other fees; proceeds from the sale of all or part of investments, proceeds from the liquidation of investments in whole or part; under loan agreements including Payments made under contracts including; compensation or compensation obtained in accordance with the law; payments arising from dispute resolution.

22. If purchasers in pilot areas use the single-source method for government procurement, they should explain the reasons for using this method when announcing the transaction results.

23. For published patent applications and granted patents involving operating entities in the pilot areas, the competent authorities should disclose the following information in accordance with relevant regulations: search and examination results (including details or information related to the search of relevant prior art, etc.); Non-confidential responses from patent applicants; citations from patent and non-patent literature submitted by patent applicants and relevant third parties.

24. When the People's Court of the pilot area makes a request for relief related to intellectual property rights from a business entity, after the applicant provides reasonably obtainable evidence and preliminarily proves that its rights are being infringed or are about to be infringed, the other party's statement shall not be heard in advance. Take relevant measures quickly in accordance with relevant judicial rules.

25. When the relevant departments in the pilot areas investigate suspected unfair competition, they should provide guidance to the operators under investigation. If the operators make relevant commitments and promptly correct, proactively eliminate or mitigate the harmful consequences as promised, they will be given a lighter sentence, mitigated or not be punished in accordance with the law. Administrative penalties.

26. Support enterprises, commercial organizations, non-governmental organizations, etc. in the pilot areas to establish voluntary mechanisms to improve environmental performance (including voluntary auditing and reporting, implementation of market-based incentives, voluntary sharing of information and expertise, and government and social capital cooperation etc.) and encourage them to participate in the formulation and revision of voluntary mechanism environmental performance assessment standards.

27. Support enterprises in the pilot areas to voluntarily follow the principles of corporate social responsibility in the environmental field. Relevant principles should be consistent with international standards and guidelines that our country agrees with or supports.

28. Support labor and personnel dispute arbitration institutions in pilot areas to standardize and provide arbitration awards to the parties in writing in a timely manner and make them public in accordance with the law.

6. Improve the risk prevention and control system

29. Pilot areas should establish and improve major risk identification and systemic risk prevention systems. The Ministry of Commerce, together with relevant departments, should strengthen overall coordination and guidance and assessment, strengthen the analysis and judgment of various risks, and strengthen security risk investigation, dynamic monitoring and real-time early warning.

30. Improve the security assessment mechanism. The Ministry of Commerce will work with relevant departments and local governments to promptly follow up on the progress of the pilot, analyze and evaluate new situations and new issues based on changes in the external environment and international trends, and make adjustments, suspensions or terminations according to the degree of risk. Disposal measures and continuous optimization of pilot implementation measures.

31. Strengthen risk prevention and resolution, refine prevention and control measures, and build a safety protection system that links systems, management, and technology.

32. Implement risk prevention and control responsibilities. Relevant localities shall implement the main responsibilities. While promoting relevant reforms, they shall establish and improve supporting measures for risk prevention and control and improve the safety production responsibility system. Relevant departments shall strengthen guidance and supervision and perform supervision according to their duties.

33. Strengthen pre-event and post-event supervision, improve supervision rules, innovate supervision methods, strengthen collaborative supervision, improve a supervision system with clear powers and responsibilities, fairness and justice, openness and transparency, simplicity and efficiency, and coordinate the promotion of market supervision, quality supervision, safety supervision, and financial supervision. Supervision, etc.

All relevant departments and localities must be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the party's overall leadership, and conscientiously organize and implement various institutional opening pilot tasks. It is necessary to coordinate opening up and security, firmly establish an overall national security concept, strengthen risk awareness, establish bottom-line thinking, safeguard the country's core interests and political security, establish and improve risk prevention and control systems, and improve its own competitiveness, open supervision capabilities, and risk prevention and control capabilities. We must adhere to green development, build a solid ecological security barrier, and effectively safeguard the country's ecological environmental security and people's health. The Ministry of Commerce should play a coordinating role, work with relevant departments to strengthen the system integration of various pilot measures, and promote efficient coordination between departments and localities. All relevant departments should strengthen guidance services and supervision and management according to the division of responsibilities, and actively promote the solution of problems encountered in the reform pilot. Relevant free trade pilot zones, free trade ports and the provincial people's governments where they are located must assume the main responsibilities, refine and decompose tasks, effectively prevent and control risks, and accelerate the implementation of various pilot measures. If it is really necessary to formulate specific opinions, methods, rules, and plans, they should be completed within one year from the date of issuance of these measures to ensure effective implementation. If it is necessary to adjust existing laws or administrative regulations, it shall be handled in accordance with legal procedures. Major matters shall be promptly reported to the Party Central Committee and the State Council for instructions.