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国务院关于严格审批和认真清理各类开发区的通知

分类: 法律英语 
 

(Promulgated by the State Council on April 28, 1993)
颁布日期:19930428  实施日期:19930428  颁布单位:国务院

It is one of the important measures of China's reform and opening-up policy to set up rationally distributed development zones in places where conditions permit, concentrate the effort in developing their infrastructure construction, put into effect preferential policies and create a good investment environment in order to attract foreign investment. Practice shows that this is an effective measure and should be maintained in the future. However, since last year there has been a boom in development zones with increasing numbers involved in a wider range of activities. As a result, they have taken over large plots of cultivated land and needed considerable funding. It is obvious that they have now gone beyond practical needs and, indeed, economic endurance. In a few places, the tax and land laws issued by the State are ignored and governments of various levels have exceeded their authority to make and issue tax-free measures without permission, which has caused harmful effects. Without strict and resolute measures to check this trend, it will aggravate the shortage of funding, energy resources, communications and transportation and supply of raw materials, which will effect the normal running of the national economy and the healthy development of opening to the outside world. The following circular is hereby issued concerning this issue.

1. Development zones should follow a double level system of examination and approval —— the State Council and the people's government of provinces, autonomous regions and municipalities directly under the Central Government. The people's governments at various levels under the provinces, autonomous regions and municipalities under the Central Government cannot examine and approve the establishment of various development zones.

2. The State Council has the authority to examine and give approval for the establishment of economic technology development zones, bonded areas, hi-tech industrial development zones, state tourist and holiday zones and frontier economic cooperation zones. If any of the above-mentioned development zones are to be set up, the people's government of the concerned province, autonomous region or municipality directly under the Central Government and the department of the State Council in charge of the project should guide the primary planning and the study of its feasibility, then report to the State Council.

3. In order to attract foreign investment to develop projects in industry, agriculture, international tourism and hi-tech industry, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government can, according to local resources, practical needs and conditions, approve the establishment of a small number of development zones (tourist and holiday zones), make related preferential policies within the limit of their authority, and report to the State Council. But the development zones set up with the approval of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government cannot continue to use the title and policy of the development zones set up with the approval of the State Council.

4. The examination and approval of development zones should strengthen overall planning and rational distribution, and pay attention to socio-economic efficiency. The government should strictly control the areas of development zones and emphasize that such projects should actually result in development. It will insist that progress on such projects should only be made according to the capability of those involved to develop the plot, build and make profits. The government should examine and approve the land strictly according to the law, save land resources and strictly control the occupation of cultivated land. In principal, cultivated land within the basic farmland protective region is not to be occupied.

5. Every region should carry out an inspection of the various development zones set up without the approval of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The government should firmly and resolutely terminate approval for the continued development of zones where the basic construction conditions are lacking, the project or funding is unsettled, too much land is occupied or the land is occupied without use. The land should then be returned to the peasants. To abandon cultivated land or leave a land uncultivated is strictly forbidden.

6. All regions and departments should uphold the State policies, laws and regulations, strictly abide by the tax and land laws, and related policies and regulations issued by the State. It is forbidden to ignore or exceed the authority of the State and to make preferential policies, reduce tax or yield interest in disguised form without permission. The people's governments and the department of the State Council concerned should strengthen supervision of this issue.

7. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government should report before the end of June 1993 to the General Office of the State Council on the inspection work carried out on various development zones.

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