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Notification on Distributing the "Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area by State Administration of Industry and Commerce"

No. Jin Zheng Ban Fa 201089

Notification on Distributing the "Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area by State Administration of Industry and Commerce"
District and county governments, committees, bureaus and affiliated institutions:
Consented by Tianjin Municipal People's Government, we are hereby distributing to you "Notification on Distributing the Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Areaby State Administration of Industry and Commerce"Gong Shang Ban Zi No.2010122), please organize the implementation.

General Office of Tianjin Municipal People's Government
August 5th, 2010


Notification on Distributing the "Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area by State Administration of Industry and Commerce"Gong Shang Ban Zi No.2010122)

Tianjin Bureau of Industry and Commerce,
"Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area by State Administration of Industry and Commerce" has been adopted by State Administration of Industry and Commerce on June 13th, 2010, and we are distributing it to you, please organize the implementation.
State Administration of Industry and Commerce
Jund 22, 2010

Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area by State Administration of Industry and Commerce

To promote the development and opening-up of Tianjin Binhai New Area is an important strategic decision made on the basis of the overall economic and social developments of China by the Party Central Committee and the State Council.According to the "Advice on Relevant Issues of Promoting the Development and Opening-Up of Tianjin Binhai New Area" by State Council, taking into consideration the realistic needs of developing and opening-up of Binhai New Area, focusing on the industrial and commercial administration management function, keeping in mind the rules of reform, innovation, experiment and efficiency,we are presenting Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area on the basis of the existing supportive policies, contents as follows:
1.To support the deeper construction of Binhai New Area as an integrated reform experimental area
(1)To support the development of emerging industries and businesses.The industries and businesses that are up to the economic development rules,urgently needed by the investor, and are not explicitly forbidden by laws and administrative regulations are allowed to be experimented, and should be registered with Bureau of Industry and Commerce of Binhai New Area.Emerging industries and businesses specified by laws, administrative regulations, and the State Council shall be explored step by step, and experience shall be gained.
(2) To support the financial reform and innovation in Binhai New Area.Binhai New Area is the place to carry out experiments on financial enterprises, financial businesses,financial market and the opening up of financial industry according to the documents issued by the State Council.Support and services shall be provided for the parts of industrial investment fund, venture capital and financing comprehensive management that concern industrial and commercial administration management.
(3)Binhai New Area is authorized to the registration jurisdiction over the registration of domestic enterprises by State Administration of Industry and Commerce.The domestic enterprises whose residence is located in Binhai New Area, by law are under the registration jurisdiction of the State Administration of Industry and Commerce,upon application of the enterprise, the registration can be done with Bureau of Industry and Commerce in Binhai New Area.
(4)Bureau of Industry and Commerce in Binhai New Area is authorized to the approval and registration jurisdiction over foreign-invested enterprises, who is authorized on the basis of individual cases to register all kinds of foreign-invested enterprises approved by the relevant departments under the State Council.
2. To support the Binhai New Area to relax the market-access conditions by law
(5)To relax the conditions for the approval of enterprise names.For those establishing comprehensive regional headquarters in Binhai Area, terms like "Headquarters" and "Regional Headquarters" are allowed in the names.
For the enterprises with registered capital of over RMB50 million, and the business activities fall in more than three national economic industries, it is allowed not to have national economic industrial terms in the enterprise names to describe the industries they are in.Upon the application of enterprises in the function areas of Binhai New Area,the names of the function areas can be used as a part of administrative division,and enterprises are allowed to use "Tianjin","Binhai New Area" and names of function areas together as the administrative division.
(6)To relax the registration conditions for business groups. Business groups are allowed to be applied for if the registered capital is up to RMB30 million, and the registered capital of parent and subsidiary companies sum up to RMB50 million.
(7)To relax the restrictions over the ownership certificates of the residence of enterprises. In cases where the property owner is unable to present the ownership certificates, but the local governments or their agencies, administrative authorities of all kinds of economic function areas,or village committees can issue certificates to show their consent to the residence's being used for business activities, registration shall be allowed.
(8)To support the conversion of organization forms. Should enterprises in Binhai New Area apply for the conversion of business forms, in order to satisfy the needs of development,the original trade names and trade terms are allowed to be preserved.According to the request, the registration shall be done basing on the legal forms.
3. To support the development of advertisement industry in Binhai New Area
(9)To support the development of advertisement industry.In accordance with the state industrial policies, advertisement is listed as the key industries, and policies and regulations shall be made and implemented to support the development of advertisement industry; the optimization and upgrading of advertisement enterprises shall be supported and promoted, in an effort to build leading advertisement enterprises with outstanding main business achievements,strong core innovation capabilities, and competitive edge; the promotion of integration of advertisement resources is supported,so as to achieve the cluster effect of the industry and profession; advertisement industrial parks shall be built with comprehensive service functions or professional features; the development and standardization of new advertisement media will be promoted, and the industrial structure of advertisement is to be optimized, in an effort to realize the professional and scale development of the advertisement industry.
10To encourage the foreign investors to start advertisement enterprises in Binhai New Area.Foreign-invested enterprises mainly doing business in the advertisement field, which have been established and operated for more than 3 years can be converted into wholly foreign-owned advertisement enterprises according to the law;the foreign invested enterprises doing advertisement business who have made achievements in the field, if the operation has been more than 2 years, Sino-foreign joint ventures can be established according to the law.According to the relevant regulations, foreign investors can also start Sino-foreign advertisement joint ventures by purchasing some stakes of Chinese advertiseent enterprises, or start wholly foreign-owned advertisement enterprises by purchasing all of the stakes of domestic advertisement enterprises.
4. To support the Binhai New Area to innovate the development mode of servicing market subjects
(11) To expand the service mode for the enterprise registration management.Gradual realization of electronic registration, declaration and approval mode including e-signature,ID authentication, interactive communication, online declaration and approval feedback is supported.
(12)To support active administrative guidance.Administrative guidance over the payment of registered capital and business activities is supported. Enterprises will be alerted timely of minor violations of regulations or laws, so as to urge the normative operation of the enterprises.
(13)To provide sound services to the financing of enterprises.Enterprises are actively supported to expand financing channels. According to relevant regulations, high-efficiency and high-quality services to enterprises applying for equity contribution and equity pledge registration.
(14)To support the development of services by making full use of the market subjects' basic registration information. The establishment and improvement of the collection and disclosure mechanisms of registration management information is supported. Comprehensive development and utilization of market subjects' registration information will be actively promoted. With analysis reports, development trend and special statistical analysis, general status like numbers of enterprises, economic scale, industrial structure and advantages can be reflected, which will service the development strategies of Binhai New Area.
5.To support the implementation of trademark strategy in Binhai New Area
(15)To support the implementation of trademark strategy and building the national demonstration area of trademark strategy in Binhai New Area. The application for the recognition of well-known trademarks is supported to be carried out in Binhai New Area. The State Administration of Industry and Commerce will examine according to the law the applications for well-known trademarks by enterprises in Binhai New Area, which are submitted by Tianjin Bureau of Industry and Commerce. Those in compliance with the law will be accreditedas well-known trademarks,and will be well protected.Guidance will be strengthened over the registration of agricultural trademarks and geographical indications for the peasants, agricultural professional cooperatives and agricultural enterprises in Binhai New Area .The qualified registration applications will be examined in a timely manner.
16To support the capitalized operations of trademark intangible assets.Enterprises are actively supported to get loans by trademark pledging.Under the condition of consensus between the trademark pledgee and pledgor, they can be exempted submitting an appraisal report of the pledged trademark.
(17)To enhance the guidance over the overseas registration of trademarks belonging to enterprises in Binhai New Area. Enterprises in Binhai New Area are encouraged and supported to apply for trademark registration overseas. Binhai New Area is supported to provide trainings on international registration of trademarks for exporting enterprises, to encourage their willingness to do so, and to guidance them on solving the problem of rush registration overseas, and to improve their capabilities to compete in the international marketplace under the framework of international rules, and to protect the lawful rights and interests for themselves.
(18)To support Binhai New Area to experiment the construction of comprehensive legal enforcement system. Tianjin Bureau of Industry and Commerce is supported to promote the reform of comprehensive legal enforcement mode in Binhai New Area, innovate measures of administrative legal enforcement, and to improve the effectiveness of administrative legal enforcement.
(19)To support deepening the classified credit super vision over the market subjects.Binhai New Area is encouraged to take into consideration the reality of economic development, establish a classified credit supervision system that is "accurate in classification and scientific in management", so as to protect and guarantee a fair and unified market order.Enterprises are encouraged to disclose to the society the information of yearly inspections, and to increase the credit consciousness and credit level.
(20)To support the establish of a long-term mechanism to investigate, punish and ban unlicensed business activities.It is supported to include the investigating, punishing and banning of unlicensed business activities in the evaluation of comprehensive management of social security. Under the centralized leadership of the Party Committee and the government, a joint conference system shall be established, and the efforts shall be joined to diminish unlicensed business activities.
(21)To support the innovation of consumer protection mechanism. Binhai New Area is supported to accelerate the construction of "four platforms" for the 12315 administrative legal enforcement system by ways of innovation mechanism,expanding functionality,straightening relations, and optimizing the network, in an effort to improve the effectiveness of the protection of consumer rights, and raise the level of social services.It is supported to enhance the exchanges and cooperations over protection of consumer rights, etc. between industrial and commercial administrative departments in Tianjin and Bohai Rim regions, to encourage the establishment of collaboration mechanisms for protection of consumer rights and market supervision in the Bohai Rim regions.
(22)To support fighting against pyramid selling. Tianjin Bureau of Industry and Commerce is supported to carry out severe investigations and punishments on the unlawful act of pyramid selling, prevent the expansion of pyramid selling in Binhai New Area, and create favorable conditions for the market order and social stability. There shall be propaganda and education against pyramid selling and standardizing direct selling, and a long-term supervision mechanism shall be set up.Direct selling activities shall be put under strict supervision, and violation of regulations shall be investigated and punished by the law, in order to build a standard, healthy and orderly market order of direct selling.
7.To support the strengthening of basic construction and improving the quality of cadres
(23)To support the informationization.It is approved to make Tianjin Bureau of Industry and Commerce the pilot unit for the Jin Xin (Golden Credit) Project, and they are supported to proceed with the informationization of industrial and commercial administration.
(24)To support the safeguard of funds.Tianjin Bureau of Industry and Commerce will get active support for the allocation of special industrial and commercial subsidies and special equipment.
(25) is supported to strengthen the building of cadre team.According to the yearly training plans of State Administration of Industry and Commerce and the training capacity of its School of Administration, more seats will be reserved for cadres from Tianjin industrial and commercial administrative system.These cadres will be taken into consideration of the overall planning of secondment training in the State Administration of Industry and Commerce.
"Advice on Further Supporting the Development and Opening-up of Tianjin Binhai New Area by State Administration of Industry and Commerce" is to be jointly implemented by the function departments under State Administration of Industry and Commerce and Tianjin Bureau of Industry and Commerce.The latter will report the supportive suggestion of the former to the Party Committee and the Municipal Government of Tianjin.Under the leadership of the Party Committee and the Municipal Government, scientific outlook on development will be thoroughly applied, and the "Advice on Relevant Issues of Promoting the Development and Opening-Up of Tianjin Binhai New Area" by State Council will be actively implemented. Focus on the central task and serving the overall interests, the supportive policies from the State Administration of Industry and Commerce will be well utilized, and the legal duties and responsibilities will be fulfilled. We will strive for the unification of supervision, development, services, safeguarding legal rights and the enforcement of law, broaden the range of services, improve the level of service, and make greater contribution to the economic and social development of Tianjin.

Subject terms: economic administration, industry and commerce, Binhai New Area, Advice,Notification

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