The Standing Committee of the Provincial People's Congress issued the "Decision on the Management System of Key Parks such as the Yangpu Economic Development Zone in Hainan Free Trade Port"

On April 2, 2020, the 19th meeting of the Standing Committee of the Sixth People's Congress of Hainan Province reviewed and approved the "Decision of the Standing Committee of the Hainan Provincial People's Congress on the Management System of Key Parks such as the Yangpu Economic Development Zone of Hainan Free Trade Port" (hereinafter referred to as the "Decision"), which will come into effect on the date of promulgation.
Accelerating the construction of a free trade port with Chinese characteristics is a major national strategy personally planned, deployed and promoted by General Secretary Xi Jinping. 2020 is the first year of the construction of Hainan Free Trade Port. The key parks of Hainan Free Trade Port bear the task of implementing the "early arrangement" policy of Hainan Free Trade Port and are model areas and experimental areas for promoting the construction of Hainan Free Trade Port. To accelerate the construction of Hainan Free Trade Port, it is necessary to establish a key park system and mechanism that is compatible with the policy system of the free trade port to promote and guarantee the development and construction of key parks. In accordance with the work arrangements of the Provincial Party Committee, the Standing Committee of the Provincial People's Congress, in order to accelerate the early arrangements of Hainan Free Trade Port and achieve early harvests, adhere to the precise and effective connection between legislation and reform decisions, and formulate the "Decision" in accordance with the law, determine that some park management agencies are statutory agencies, give full authorization to key parks, and let "parks have the final say" to the greatest extent. This is not only a concrete action to implement the central government's deepening of streamlining administration and decentralization, and promote administrative system reform to transfer functions and improve efficiency, but also reflects Hainan's innovative spirit of pioneering and trialing the construction of a free trade port. The main contents of the "Decision" are as follows:
1. Promote the reform of statutory institutions and create an innovation highland. The reform of statutory institutions in key parks of Hainan Free Trade Port is a breakthrough reform promoted by the Provincial Party Committee based on the overall situation of Hainan Free Trade Port construction and the in-depth study and implementation of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era. It is the only way to promote the high-quality development of key parks and better play the role of Hainan Free Trade Port construction model area and pilot area. The Decision stipulates that management agencies will be established in seven key parks, including the Boao Lecheng International Medical Tourism Pilot Zone in Hainan Free Trade Port. As statutory agencies that perform corresponding administrative management and public service duties in the parks, they have the legal person status of institutions in accordance with the law and are specifically responsible for the comprehensive coordination, development and construction, operation and management, industrial development, investment promotion, institutional innovation, and enterprise services of the parks. At the same time, it is clarified that statutory agencies shall, in accordance with the principle of streamlining and efficiency, independently decide on the establishment of institutions, the employment of personnel, and the salary standards within the total salary amount, except for personnel appointed in accordance with relevant regulations. In addition, considering that the management committees of the three key parks, including Yangpu Economic Development Zone, Haikou National High-tech Industrial Development Zone, and Haikou Comprehensive Bonded Zone, are government-dispatched agencies, their management systems are different from those of statutory agencies. The Decision clarifies that these three key parks shall be managed in accordance with the current system.
Second, streamline administration and delegate power to stimulate new vitality in the development of parks. In order to delegate or entrust relevant management powers to the industrial parks to the greatest extent, let the industrial parks have the final say, and enhance the endogenous driving force of the industrial parks' economic development, the Decision, in accordance with the relevant spirit of the Several Opinions on the High-quality Development of Key Industrial Parks in Hainan Province issued by the General Office of the CPC Provincial Committee and the General Office of the Provincial People's Government, grants key industrial parks greater autonomy in development, and stipulates that the Provincial People's Government and its relevant departments shall delegate or entrust key industrial parks' management agencies to exercise relevant provincial management powers in accordance with this Decision. Specific matters shall be determined by the Provincial People's Government based on the actual needs of key industrial parks, except for those that shall be reported to the Standing Committee of the Provincial People's Congress for decision in accordance with the law. The Decision also clarifies that the municipal and county governments and their relevant departments where key industrial parks are located may delegate or entrust key industrial parks' management agencies to exercise their management powers in accordance with this Decision. In addition, the Decision also stipulates that social management affairs in key industrial parks shall, in principle, be undertaken by the municipal and county people's governments where they are located.
Third, strengthen supervision and guidance to ensure orderly decentralization of power. Streamlining administration does not mean reducing responsibilities. To ensure that the relevant management powers can be delegated or entrusted to key park management agencies, and to avoid a regulatory vacuum, the Decision, in accordance with the provisions of the Administrative Licensing Law and other relevant laws and regulations, clarifies that the relevant departments of the provincial, municipal, county and autonomous county people's governments should strengthen business training and guidance for key parks, strengthen in-process and post-process supervision, and require the key park management agencies to fulfill their responsibilities, establish an effective mechanism for taking over management powers, and ensure that their powers are strictly exercised in accordance with the law.
The promulgation and implementation of the Decision will further promote the establishment of a key park system and mechanism that is compatible with the free trade port policy system, give play to the engine driving role of key parks in the construction of Hainan Free Trade Port, activate the vitality and vitality of key parks, promote the accelerated development and innovative development of Hainan Free Trade Port, and accelerate the formation of a legal, international and convenient business environment, providing a strong legal guarantee for the construction of Hainan Free Trade Port.