In order to accelerate the establishment of a new development paradigm, the following measures are being proposed. These measures focus on promoting high-quality development, piloting the implementation of economic and trade regulations in accordance with the high international standards in eligible pilot free trade zones and trade ports, maintaining a harmonious balance between openness and security, and formulating an institutional system and a regulatory framework that are suitable for high-level institutional opening-up.
I. Facilitate the Innovative Advancement of Trade in Goods
1. Support pilot programs for importing remanufactured products in key industries. The products imported are not subject to any prohibitions or restrictions specified by China for the import of used goods. However, it is essential that these products conform to all relevant national technical requirements applicable to similar new products, which include but are not limited to the requirements for quality and characteristics, safety conditions, and environmental performance. Moreover, they must also adhere to the pertinent regulations governing remanufactured products. It is also crucial to prominently label these items as "remanufactured products". The designated pilot areas are obligated to develop customized pilot plans based on their real circumstances. These plans should include a list of imported products, alongside detailed standards, requirements, conformity assessment procedures, and regulatory measures. Upon receiving the pilot plan, the relevant competent departments are expected to review and collectively make decisions within six months. The pertinent competent departments and local authorities should bolster their monitoring, management, and inspection efforts concerning remanufactured products. It is crucial to effectively safeguard against the import of foreign waste and used goods masqueraded as remanufactured products. (Applicable areas: Shanghai, Guangdong, Tianjin, Fujian, the China (Beijing) Pilot Free Trade Zone, and Hainan Free Trade Port. The measures listed below are applicable to these aforementioned areas unless otherwise restricted to certain areas as specified in round brackets.)
4. Tariff, import value-added tax (VAT), and consumption tax exemptions are granted to specific goods temporarily imported into the designated pilot areas from overseas countries and regions, provided that the taxpayers present guarantees to the customs upon the entry of such goods. These eligible goods encompass professional equipment (e.g. software; instruments, devices and items utilized for news reporting, filming, or television production) essential for temporarily inbound personnel engaging in business operations, trade, and other professional activities in compliance with Chinese laws. Additionally, exemptions apply to goods utilized for exhibitions or displays; commercial samples, advertising films, and sound recordings; and sports equipment required for sports competitions, performances, or training. Each of the aforementioned goods must be transported out of China within a six-month period starting from the entry date and cannot be utilized for commercial purposes such as selling or leasing during the corresponding periods of temporary entry. In cases where the deadlines for transporting the goods out of China need to be postponed, the necessary procedures for extensions must be followed in accordance with applicable laws and regulations.
5. Customs authorities in the designated pilot areas should not withhold preferential tariff benefits for goods solely for minor errors. These errors may include but are not limited to misprints, typos, and non-essential information omissions found in the certificates of origin, and minor discrepancies among related documents.
6. In the designated pilot areas, the applicants for advance rulings at customs may request postponements for advance rulings from the customs if the underlying laws, facts, and circumstances remain unaltered, upon which the advance rulings were granted. The customs in these pilot areas shall make prompt decisions before the expiration dates of the corresponding valid ruling periods.
7. After meeting China's customs supervision requirements and undergoing the mandatory quarantine procedures, express air shipments in the designated pilot areas should be released by the customs in charge within six hours of their arrival, upon the submission of the requisite customs documents.
8. Upon compliance with the applicable Chinese laws, regulations, and provisions, as well as the completion of mandatory quarantine procedures, goods should be released by the customs in the designated pilot areas within 48 hours of their arrival, provided that all the necessary information for customs clearance has been submitted.
9. In the case where the tariffs, other import taxes, or administrative fees have not been determined prior to the arrival of goods, while all other release requirements are met, with an adequate guarantee provided to the customs or the required dispute payments done, the customs in the designated pilot areas should proceed with the release of the goods.
10. If the competent departments in designated pilot areas approve or recognize the eligibility of qualified overseas conformity assessment agencies through alternative means, they should follow the same or equivalent procedures, standards, and requirements applicable to domestic conformity assessment agencies. The corporate capacity or establishment approval of overseas conformity assessment agencies in China should not be a prerequisite for accepting their assessment results or assessment-related inspection and testing outcomes.
11. In designated pilot areas, the relevant departments should consider the supplier's declaration of conformity as a sufficient guarantee that the information technology equipment products imported meet the necessary electromagnetic compatibility (EMC) standards or technical laws and regulations.
12. In designated pilot areas, the import of wines is permitted, especially those that bear labels containing descriptions or adjectives such as chateau, classic, clos, cream, crushed/crusting, fine, late bottled vintage, noble, reserve, ruby, special reserve, solera, superior, sur lie, tawny, vintage, or vintage character.
II. Promote Liberalization and Facilitation of Trade in Services
13. In addition to specific new financial services, foreign-funded financial institutions in designated pilot areas should be authorized to offer a range of new financial services comparable to those provided by domestic financial institutions. The financial management departments possess the power to define the eligible institutions capable of offering new financial services, including specifying their type and characteristics. These institutions are also obliged to acquire the necessary licenses approved by the financial management departments to conduct such services. The financial management departments must render decisions within a reasonable timeframe, and they may only reject the issuance of licenses for new financial services based on prudent considerations.
14. The financial management departments in designated pilot areas are obligated to maintain consistency in their treatment of domestic and overseas applications. Upon receiving a comprehensive and lawful application from overseas financial institutions, investors in overseas financial institutions, or cross-border financial service providers regarding the provision of financial services, the departments are required to make a decision within 120 days and promptly notify the applicant of the outcome. If the financial management departments are unable to reach a decision within the designated timeframe, they must notify the applicant promptly and strive to make a decision within a reasonable timeframe.
15. Enterprises registered in designated pilot areas and individuals residing or working in those areas are allowed to access overseas financial services through legitimate cross-border methods. The financial management departments possess the power to determine the specific classifications of overseas financial services based on separate regulations.
16. Efforts will be made to promote the lawful provision of professional services by overseas professionals to businesses and residents in designated pilot areas. Furthermore, support will be extended to these areas in establishing and improving mechanisms for assessing the capabilities of overseas professionals.
III. Enhance Temporary Entry Facilitation for Business Personnel
17. Spouses and family members accompanying experts employed by foreign-funded enterprises in designated pilot areas are entitled to the same duration of entry and temporary stay as the experts themselves.
18. Senior executives of foreign enterprises planning to establish branches or subsidiaries in designated pilot areas are eligible for an extended validity period of two years for their temporary stay after entry. Furthermore, their accompanying spouses and family members will receive similar entry facilitation and duration of temporary stay.
IV. Foster the Sustainable Growth of Digital Trade
19. Government departments and their staff members are forbidden from demanding the transfer or acquisition of source codes owned by enterprises or individuals as a condition for importing, distributing, selling, or utilizing mass-market software and products that include such software (excluding software for critical information infrastructure).
20. The designated pilot areas will receive assistance in strengthening their consumer rights and interests protection system, along with implementing measures to prohibit business activities that involve fraud and commercial deception, which could harm online consumers or pose a risk to their rights and interests.
V. Further Optimize the Business Environment
21. The designated pilot areas are responsible for guaranteeing convenient and timely transfers that are accurate, lawful, and directly linked to the investments made by foreign investors. The transfer services provided will cover various aspects, including capital contributions, profits, dividends, interest, capital gains, royalties, management and technical guidance fees, as well as other related payments. Additionally, it will encompass proceeds obtained from the sale or liquidation of investments, payments made under contractual agreements such as loan agreements, legally obtained compensation or indemnification, and payments from dispute resolutions.
22. In designated pilot areas, purchasers who opt for direct government procurement are obligated to provide an explanation for their decisions while announcing the transaction results.
23. In accordance with applicable regulations, the competent departments are responsible for publicly disclosing information regarding published patent applications and granted patents associated with business entities operating within designated pilot areas. This information includes search and examination results (encompassing details or information on relevant existing technologies), non-confidential responses from patent applicants, as well as patent and non-patent literature citations provided by both applicants and relevant third parties.
24. Upon the request for intellectual property rights remedies and the submission of legally obtained available evidence that demonstrates a preliminary case of actual or potential infringement of their rights, the people's court in designated pilot areas should expeditiously undertake necessary measures for business entities, in accordance with relevant judicial regulations, without necessitating the opposing party to provide the statements.
25. While investigating suspected cases of unfair competition, the competent departments in designated pilot areas are required to provide guidance to the business operators under investigation. If these operators make appropriate commitments and take prompt measures to eliminate or mitigate the negative consequences as committed, they may face lighter, mitigated, or no administrative penalties as prescribed by law.
26. Enterprises, commercial organizations, and non-governmental organizations operating within designated pilot areas are encouraged to create voluntary mechanisms to improve their environmental performance. These mechanisms may involve voluntary auditing and reporting, implementing market-oriented incentives, sharing voluntary information and expertise, and fostering collaboration between governmental and non-governmental capital. Furthermore, these entities will be encouraged to contribute to the development and amendments of voluntary environmental performance evaluation standards.
27. Enterprises operating within designated pilot areas are encouraged to voluntarily uphold corporate social responsibility principles particularly pertaining to the environmental domain. The applicable principles must be in accordance with internationally recognized standards and guidelines that are approved or supported by China.
28. Efforts will be made to assist labor and personnel dispute arbitration institutions in designated pilot areas in issuing written arbitration awards to the involved parties in a standardized and timely manner while ensuring legal public disclosure.
VI. Establish and Enhance the Risk Prevention and Control Mechanism
29. The designated pilot areas must establish and enhance a mechanism to identify significant risks and prevent systemic risks. The Ministry of Commerce of the People's Republic of China, in conjunction with relevant competent departments, will strengthen coordination, guidance, and evaluations. Additionally, there will be a focus on improving analyses, research, and assessments of different risks, along with strengthening safety risk investigations, dynamic monitoring, and real-time early warning mechanisms.
30. The safety assessment mechanism will be strengthened. The Ministry of Commerce of the People's Republic of China, in partnership with relevant competent departments and local authorities, will closely monitor the progress of pilot projects and evaluate emerging situations and issues, taking into account changes in the external environment and global trends. Depending on the level of risk, appropriate measures such as adjustments, suspension, or termination will be implemented by the respective competent departments. Moreover, there will be continual optimization of the implementation measures for pilot projects.
31. Efforts to enhance risk prevention and resolution will be focused on improving prevention and control measures, as well as establishing a safety protection system that facilitates the integration of systems, management, and technologies.
32. The responsibility for risk prevention and control will be clearly defined. Local authorities should take on their primary responsibility by establishing and strengthening measures to support risk prevention and control, implementing necessary reforms, and improving the production safety responsibility system. Additionally, the relevant competent departments should enhance guidance and supervision efforts while fulfilling their respective duties.
33. Relevant supervision should be strengthened throughout the project lifecycle, including in the pre-project stages, intermediate stages, and post-project stages. The competent departments involved should enhance regulatory frameworks, innovate regulations, foster collaborative supervision, and establish a regulatory system that emphasizes clearly defined rights and responsibilities, fairness, equity, openness, transparency, simplicity, and efficiency. Additionally, an integrated approach to market, quality, safety, and financial supervision will be promoted.