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国务院关于海南省吸收外商投资开发洋浦地区的批复 OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING THE ABSORPTION OF FOREIGN INVESTMENT FOR THE DEVELOPMENT OF THE YANGPU AREA IN HAINAN PROVINCE

2006-05-17 14:29   我要纠错 | 打印 | 收藏 | | |

国函(1992)22号
(March 9, 1992)
颁布日期:19920309  实施日期:19920309  颁布单位:国务院

  People's Government of Hainan Province:

  The Report on the Project Proposal for the Foreign-Invested Development and Management of Thirty Square Kilometers of Land in the Yangpu Development Zone, submitted by your Province, has been received. An official reply is hereby made as follows:

  1. We have agreed in principle with your Province to absorb foreign investment for the development and management of about thirty kilometers of land in the Yangpu area and build the area into the Yangpu Economic Development Zone. You are allowed to negotiate with foreign investors according to the provisions of the Interim Measures for the Administration of the Foreign-Invested Development and Management of Tracts of Land. 2. We have agreed in principle that your Province may assign to foreign developers the right to the use of all about thirty square kilometers of land in the Yangpu area at a time. You are allowed to negotiate with foreign investors and conclude contracts for the assignment of land use rights under the Interim Regulations of the People's Republic of China Concerning the Assignment and Transfer of the Right to Use of State-Owned Land in the Urban Areas. The contracts shall expressly provide detailed conditions and terms of development and exploitation of land, assignment, lease and mortgage of land use rights, and land-use fees. The contracts shall take effect with the approval of the State Council.

  After the right to the use of State-owned land has been assigned, the ownership of resources and objects buried there under shall be reserved by the State. If it is necessary to exploit and utilize them, the relevant laws And administrative regulations of the State shall apply. The exploitation of underground water resources in the Yangpu area shall be planned and controlled in a rational way.

  3. The development of land may be conducted by a single foreign investor, or jointly by several foreign investors, or by a Sino-foreign joint venture. For the purpose of the development and management of land, development Enterprises shall be established according to the laws. Under the jurisdiction and protection of laws of the State, such enterprises must observe laws and regulations of the State in engaging in any activity.

  4. The Yangpu Economic Development Zone should be built into an export-oriented industrial area, with advanced technology industries as its leading sector and with the third industry developed correspondingly. Development enterprises shall, according to this principle, draw up their overall planning for the development and construction in the Yangpu Economic Development Zone, which shall specify the main targets of the development and construction, and its respective targets in different stages, the details and requirements for achieving the development target, as well as the plans for using the developed land.

  5. The projects for the construction in the Yangpu Economic Development Zone shall reflect the State industrial policies and meet the requirements for economic development in Hainan, and shall be subject to the approval of the Chinese Government. With regard to the authorities for examination and approval of these projects, the relevant provisions of the Circular Concerning the Summary of a Forum on Further Opening up and Quickening Economic Development and Construction on Hainan Island, approved and transmitted by the State Council in 1988, shall apply. Projects with foreign investment within the Development Zone shall, if they don't depend on the domestic market in terms of finance, energy resources, raw materials and the sale of products, be subject to the examination and approval of your Province. However, for those of them beyond the approved quota, the project proposals shall obtain the consent of the State Planning Commission before you examine and approve them. Projects for infrastructure constructed within the Development Zone according to planning may be examined and approved by your Province.

  With the approval of the People's Bank of China, banks or other financial institutions with foreign investment may be established within the Development Zone.

  6. We have agreed in principle that the Yangpu Economic Development Zone shall be administered as a closed or separate area. The detailed separation and supervision measures shall be formulated by the General Customs Administration and the Special Economic Zone Office under the State Council in consultation with other relevant departments, and shall be enforced upon approval.

  7. Subject to the effective separation and supervision measures, policies for bonded areas shall apply in the Yangpu Economic Development Zone to the import and export control, collection and exemption of import and export duties, product tax and value-added tax levied on behalf of the tax authorities, but not to the administration of consumer goods imported for market supplies. Before the enforcement of such measures, policies and measures described in The Circular Concerning the Summary of a Forum on Further Opening up and Quickening Economic Development and Construction on Hainan Island, approved and transmitted by the State Council in 1988, and the Provisions of the State Council Concerning the Encouragement of Investment in Developing Hainan Island in 1988, shall continue to apply in the Yangpu area.

  Other tax policies in the Yangpu Economic Development Zone shall refer in principle to the tax policies of the Hainan Special Economic Zone laid down by the State. The reduction and exemption of taxes under the central authorities shall be subject to the approval of the Ministry of Finance and the State Administration of Taxation. Taxes under the local authorities shall be adjusted in the light of the actual situations in different industries and nobody may reduce and exempt all of them at a time.

  8. We have agreed in principle to your Province's preliminary plan for infrastructure construction with regard to facilities for water supply, electricity supply, post and telecommunications, and means of transport in the Yangpu Economic Development Zone. If the linking up of facilities and the division of management work involves institutions outside the Development Zone, you shall invite the institutions concerned to sign an agreement or a contract with development enterprises so as to specify the detailed requirements and measures. The issue on the building of a small-scale airstrip in Yangpu shall be referred to the competent authority for special discussion.

  9. The overall planning for allocating shorelines for ports in Yangpu Bay shall be drawn up by the traffic departments, in which consideration shall be given to reserve the land extension in depth from shorelines according to the actual needs for planned ports or piers. The contracts for the assignment of land use rights and the overall planning for the development and construction shall specify such consideration. Subject to the planning, Chinese and foreign parties may jointly invest in the construction and management of ports and piers, and foreign investors may build and operate piers for the use of enterprises. Ports and navigation affairs shall be under the unified administration of the traffic departments.

  10. We have agreed to your Province's guideline on environmental protection and measures for controlling the total quantity of pollutants charged in the Yangpu Economic Development Zone. You should lose no time in completing the assessment of regional environmental impact and doing other preparatory work before the development and construction of the land is started. Construction projects shall be in strict conformity with the requirements Of environmental protection. Facilities for the prevention and control of pollution shall be designed, built and put in cooperation simultaneously with the main project.

  11. We have agreed in principle to your Province's conception about the administrative organ to be set up in the Yangpu Economic Development Zone. You must make the administrative staff simple and efficient, divide functions among them clearly, and intensify the effective administration as a government department.

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