Decree of the People’s Government of Guangdong Province
No.214
The Category of the First Batch of the Provincial-level Administrative Functions Implemented by the Administrative Committees of All Areas of China (Guangdong) Pilot Free Trade Zone adopted at the Forty-ninth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on June 26, 2015, are hereby promulgated and shall become effective as of the date of promulgation.
Governor
Zhu Xiaodan
July 16, 2015
Category of the First Batch of the Provincial-level Administrative Functions Implemented
by the Administrative Committees of All Areas of China (Guangdong)
Pilot Free Trade Zone
I. Decentralized Administrative Functions at the Provincial-level (31)
Original Implementing Department | No. | Decentralized Functions | Remarks |
Development and Reform Commission of Guangdong Province | 1 | Record filing for the projects invested by enterprises within the jurisdiction of this Province | The decentralized items include: Projects involving handling the formalities of confirming the tariff exemption for imported equipment, and technical renovation projects to complete the formalities of confirming the new income tax credit for domestic equipment investment. |
2 | Examination and approval for the bidding method and scope of the construction and franchising projects within the provincial jurisdiction that must follow the bidding procedure | ||
3 | Examination and approval of local government investment projects within the provincial jurisdiction | Excluded are the office building construction projects of the Party and government departments that require the approval of the National Development and Reform Commission or of the provincial people’s government. | |
Economic and Information Commission of Guangdong Province | 4 | Review and approval of enterprises’ technical renovation projects within the provincial jurisdiction | |
5 | Record filing of enterprises’ technical renovation projects within the provincial jurisdiction | The decentralized items include those involving handling the formalities of confirming the tariff exemption for imported equipment. | |
Department of Education of Guangdong Province | 6 | Examination and approval of the application for running a school for foreigners’ children | |
Department of Science and Technology of Guangdong Province | 7 | Review and verify the registration of technology contracts | |
Department of Finance of Guangdong Province | 8 | Examination and approval of the establishment of asset appraisal agencies to be registered in China (Guangdong) Pilot Free Trade Zone | The coordination matters among the provincial departments of finance shall be solved through negotiation separately between the provincial Department of Finance and the administrative committees of All Areas of the Pilot Free Trade Zone. |
Guangdong Department of Human Resources and Social Security | 9 | Permits for Hong Kong- or Macau-invested human resources services or Sino-Foreign joint human resources services | |
10 | Examination and approval of the establishment of Sino-Foreign cooperative institutes of vocational skills training to be registered in China (Guangdong) Pilot Trade Zone |
Original Implementing Department | No. | Name of the Decentralized Items | Remarks |
Department of Land Resources of Guangdong Province | 11 | Preliminary review of the land used for construction projects within the provincial jurisdiction | Excluded are the office building construction projects of the Party and government departments that require the approval of the National Development and Reform Commission or of the provincial people’s government. |
Department of Environmental Protection of Guangdong Province | 12 | The jurisdiction over the daily environment supervision and management of construction projects originally approved and supervised by the provincial Department of Environmental Protection | Submitting a report to the provincial Department of Environmental Protection on the “Three-simultaneously” (The security equipment of a construction project must be designed, implemented, put in production and use simultaneously with the major construction of the project) progress of the construction projects whose environment impact assessment have been approved by the Ministry of Environmental Protection and the provincial Department of Environmental Protection on a quarterly basis. Submitting the investigation of and sanctions on violations against the “Three-simultaneously” principle to the Provincial Department of Environmental Protection before the 10th day in each month。 |
Department of Housing and Urban-Rural Development of Guangdong Province | 13 | Review of the preliminary design of large- and medium-size construction projects within the provincial jurisdiction | |
14 | Approval and issuance of the decisions on site selection of construction projects | Excluded are the construction projects subject to the approval or verification of the State Council and other departments concerned as well as those across administrative regions at the prefectural level or above | |
15 | Approval authority of Level-2 provincial qualifications and partial approval authority of non-graded qualifications for project implementing contract series of foreign-invested construction corporations registered in China (Guangdong) Pilot Free Trade Zone | ||
Department of Transport of Guangdong Province | 16 | Registration of the establishment of foreign-invested international ship management enterprises (business) | |
Department of Water Resources of Guangdong Province | 17 | Examination and approval of preliminary design of large-scale water conservancy projects | |
18 | Examination and approval of the setup of river effluent outlet | ||
19 | Newly issued and renewed water permits (over 150,000 cubic meters of surface water on daily basis) | ||
20 | Examination and approval of project construction plan in the area of provincial waterway control | Excluded are the items involving enclosure of river banks and river beaches and adjustment of shorelines | |
Health Department of Guangdong Province Commission | 21 | Examination and approval of the purchase and use of large medical equipment in Class B | |
Administration for Industry and Commerce of Guangdong Province | 22 | Preliminary review of applications for the inclusion of the word “Guangdong Province” into the names of the enterprise (groups) | |
23 | Registration and management of foreign-invested enterprises |
Original Implementing Department | No. | Name of the Decentralized Items | Remarks |
Guangdong Province Administration for Industry and Commerce | 24 | Sampling inspection of commodity quality in the circulation field (striving for independent implementation of sampling inspection work of commodity quality in the circulation field) | After the approval of the provincial Administration for Industry and Commerce, the administrative committees of All Areas of the China (Guangdong) Pilot Free Trade Zone may formulate the sampling inspection work plan of commodity quality in the circulation field and organize implementation of such plan, and the funds needed shall be incorporated into the financial budget within their respective security systems. The results of sampling inspection and the information concerned shall be managed by the Provincial Administration for Industry and Commerce in a unified manner. |
Administration of Press, Publication, Radio, Film and Television of Guangdong Province | 25 | Examination and approval of an application for the establishment of a Xinhua Bookstore or a Foreign Language Bookstore, engaging in the wholesale business of publications as well as relevant changed items | Submitting to the provincial Administration of Press, Publication, Radio, Film and Television for record |
26 | Examination and approval of the establishment and change of publication printing enterprises | Submitting to the provincial Administration of Press, Publication, Radio, Film and Television for record. | |
Tourism Administration of Guangdong Province | 27 | Examination and approval of the establishment of travel agency (including those from Hong Kong and Macau) to be registered in China (Guangdong) Pilot Free Trade Zone (including the verification and issuance of business license) | |
28 | Acceptance of the application on operating outbound travel business submitted by travel agency (including Hong Kong and Macao) registered in the China (Guangdong) Pilot Free Trade Zone | Submitting to the National Tourism Administration upon acceptance of the application | |
29 | Preliminary review of trial operations of group tours of Guangdong Residents by Hong Kong and Macau travel agencies located in Guangdong on pilot basis | ||
30 | Review and approval of the list of 144-hour convenience measures | ||
Overseas Chinese Affairs Office of Guangdong Province | 31 | Review and approval of the international community activities (within 300 persons) of overseas Chinese and Chinese of foreign nationality to be held within the administrative region of Guangdong Province |
2. Administrative Functions Entrusted to the Provincial-level Government Departments
Original Implementing Department | No. | Name of the Entrusted Items | Remarks |
Development and Reform Commission of Guangdong Province and Department of Commerce of Guangdong Province | 1 | Authority for record filing of overseas investment projects (the provincial Development and Reform Commission: record filing of overseas investment projects; the provincial Department of Commerce: record filing of domestic enterprising operating enterprises overseas) | The provincial development and reform department shall file the overseas investment projects with less than 300 million USD (excluding $300 million) with the exception of those in sensitive industries and areas; the administrative committees of All Areas of the China (Guangdong) Pilot Free Trade Zone shall use the unified business information system of this Province, and summarizes relevant data of such record accurately and submit it to the provincial Department of Commerce in real time. |
Department of Justice, Guangdong | 2 | Registration of the establishment of arbitration commissions | Submit to the provincial Department of Justice for record. |
3 | Preliminary review of applications for representative offices establishment by foreign law firms in China (Guangdong) Pilot Free Trade Zone | ||
4 | Record filing of domestic lawyers dispatched by domestic law firms to be mainland legal consultants in representative offices of Hong Kong law firms in Guangdong Province | ||
5 | Preliminary review of practice of the representatives from the representative offices of Hong Kong and Macau law firms to be established in China (Guangdong) Pilot Free Trade Zone | ||
6 | Management of annual inspection and registration of the representative offices of foreign, Hong Kong and Macao law firms established in China (Guangdong) Pilot Free Trade Zone | ||
Department of Housing and Urban-Rural Development of Guangdong Province | 7 | Examination and approval of the qualification at Level B or below of project design of foreign-invested engineering service enterprises registered in China (Guangdong) Pilot Free Trade Zone within the provincial approval authority | |
8 | Examination and approval authority of Level-2 provincial qualifications for project implementing whole contract series and approval authority of Level-1 qualifications for project implementing contract series of foreign-invested construction corporations registered in China (Guangdong) Pilot Trade Zone | ||
9 | Examination and approval of the safety production permit of foreign-invested construction enterprises registered in China (Guangdong) Pilot Free Trade Zone | Safety production control indicators of China (Guangdong) Pilot Free Trade Zone shall be issued and circulated separately. | |
Department of Transport of Guangdong Province | 10 | Registration of the establishment of foreign-invested international ship agencies (business) |
Original Implementing Department | No. | Name of the Entrusted Items | Remarks |
Department of Commerce of Guangdong Province | 11 | Examination and approval authority of financing and leasing enterprises | |
12 | Review and verification of establishing pawn shops and their branch offices | ||
13 | Review and approval of establishing auction enterprises and their branch offices | ||
14 | Review and approval of establishing commercial factoring enterprises | ||
15 | Examination and approval of the qualification of operating foreign contracting projects | ||
Department of Culture Guangdong Province | 16 | Examination and approval of establishing operating units of Sino-foreign joint ventures or cooperative performance venues | |
17 | Examination and approval of Hong Kong and Macau investors in establishing the performance brokerage agencies in the form of Sino-foreign joint ventures, cooperative or sole proprietorship in the mainland | To be incorporated into the management of “technology supervision and service platform of National cultural market”. | |
18 | Examination and approval of Hong Kong and Macau investors in establishing the performance venue operating agencies in the form of Sino-foreign joint ventures, cooperative or sole proprietorship in the mainland | To be incorporated into the management of “technology supervision and service platform of National cultural market”. | |
19 | Examination and approval of Hong Kong and Macau service providers in establishing joint venture performance groups with the local holding in the mainland | To be incorporated into the management of “technology supervision and service platform of National cultural market”. | |
Health Department of Guangdong Province | 20 | Examination and approval of the establishment of Sino-foreign joint or cooperative medical institutions | |
21 | Examination and Approval of Hong Kong and Macao service providers in the establishment of Sino-foreign joint or cooperative medical institutions | ||
22 | Confirmation of the qualification of medical practice by Hong Kong, Macau and Taiwan physicians in mainland China | ||
23 | Examination and approval of special medical items entering and exiting the Chinese border | ||
Administration of Press, Publication, Radio, Film and Television of Guangdong Province | 24 | Examination and approval of the establishment of foreign-invested cinemas | |
Guangdong Food and Drug Administration | 25 | Change of Drug Business License (wholesale) | |
26 | Change of the Good Supply Practice (GSP) Certificates of the pharmaceutical wholesale enterprises |
Original Implementing Department | No. | Name of the Entrusted Items | Remarks |
Provincial Finance Affairs Office of Guangdong Province | 27 | Examination and approval authority of small-loan enterprises | |
28 | Examination and approval authority of financing guarantee enterprises | ||
Administration of Foreign Experts Affairs of Guangdong Province | 29 | Work permit for foreign experts coming to China |
