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Hainan Free Trade Port legislation will continue to be revised next year to fight for Taiwan principles
Our Reporter / Pei Yu / Beijing Report
Hainan’s desire to further deepen reforms and “legislation” from opening up to the outside world is getting closer to reality step by step. After Hainan officials have repeatedly expressed their desire to grant “special legislation” to Hainan’s deepening reform and its opening up to the outside world, the Hainan free trade port legislation has finally entered into ” procedures “.
On December 22, the 24th meeting of the Standing Committee of the 13th National People’s Congress was held in Beijing. This meeting will review a series of legal amendments or drafts. At the same time, the meeting will also deliberate on the proposal of the Chairman of the Standing Committee of the National People’s Congress to submit for review the draft of the Hainan Free Trade Port Law. This is the draft of the Hainan Free Trade Ports Law, which first appeared in the “deliberation” link of the National People’s Congress.
As of press time by the “China Business News” reporter, the draft of the Hainan Free Trade Ports Law has not yet been announced, but its content basically fixes the special preferential policies granted to the Hainan Free Trade Port in form of law. The exact news shows that Hainan’s Free Trade Ports Law will continue to be revised next year to “strive to be published as soon as possible.”
People’s Congress “First Appearance”
They are not local regulations, but in the form of legislation from the National People’s Congress, the Hainan Free Trade Port is “leading the country.” “The specifications of the Free Trade Ports Law are higher than we initially expected. After all, the Shanghai Free Trade Zone, the country’s first free trade zone, was just one path of local legislation in that time. The Hainan Free Trade Port has a different strength. “On October 22, a businessman in charge of a core company who has been investing in Hainan for a long time told reporters.
What made him sigh was that the Hainan Free Trade Ports Act first appeared in the “proceedings” of the National People’s Congress. On October 22, the 24th meeting of the Standing Committee of the XIII National People’s Congress was held in Beijing. According to the meeting agenda, this meeting will review the proposal of the chairman’s meeting on the proposed Hainan Free Trade Ports Bill.
On November 27, the 78th Meeting of the Presidency of the Permanent Commission of the XIII National People’s Assembly was held, in which the Presidency made this proposal. Along with the Hainan Free Trade Port Law, the bills proposed for consideration in the Standing Committee of the National People’s Congress also include a number of bills such as the Anti-Food Waste Bill and the Law against organized crime.
Indeed, since Hainan has deepened reforms further and opened up to the outside world, Hainan has always expected the central level to enact separate legislation for Hainan. During the national “two sessions”, Liu Cigui, then secretary of the Hainan Provincial Party Committee, expressed on many occasions that he expected the central government to “make legislation for Hainan.” At the end of 2020, Liu Cigui resigned as secretary of the Hainan Provincial Party Committee and was replaced by Shen Xiaoming. The latter are “Shanghai cadres” who have been in charge of the Shanghai Free Trade Zone for many years.
Prior to this revision of the Hainan Free Trade Ports Law, the National People’s Congress has conducted a special class investigation on the Hainan Free Trade Zone legislation. During the investigation, I went to Sanya, Yangpu, Boao, Haikou, Lecheng and other places to conduct field research on “front-line liberalization and second-line management”, and listened to the opinions of grassroots governments and companies. In line with this, Hainan has also established a special coordination group, demonstrating the importance attached to legislative work.
Not copyable
According to the work plan and time node proposed in the “General Plan for the Construction of the Hainan Free Trade Port” (hereinafter the “Plan”), in 2025, the Hainan Free Trade Port will carry out formally the “shutdown operation”, and then the Hainan free trade port will be implemented. The model of “openness in the first line and control in the second line” implements a high degree of openness and its policy will be different from that of other regions of China.
Before the closure of customs operations in 2025, a number of special policies have been implemented through the active coordination of the relevant central departments. This includes a number of tax breaks. “The outside world is more concerned with duty-free shopping in the outer islands. However, tax exemption policies in the fields of imported raw materials, spare parts, etc., are also very substantial preferential policies at the business level.” said the aforementioned head of central business affairs in Hainan.
Currently, according to the relevant list of this tax exemption policy, there are a total of 169 raw materials and auxiliary materials free of taxes. Among them, there are many high-end manufacturing products, such as “other parts used in radar equipment and radionavigation equipment”, “aircraft and other landing gear and parts”, “other unspecified aircraft and spacecraft parts” and “other liquid crystal devices and optical instruments”. For businesses, this list is “extraordinary.”
At the same time, the relevant central ministries and commissions and relevant departments of the Hainan provincial government are formulating the “tax exemption policy for imported used vehicles in operation”, which has been “coming soon”, and on the “positive list “That local Hainan residents can enjoy tax breaks, whether Including cars, has not yet been finalized and the final” positive list “should be the final version. This is probably one of the most sensitive topics today.
“This principle is very clear, that is, Hainan’s policies cannot be copied at the national level,” a person close to the central ministries and commissions told reporters. Therefore, it is necessary to fix these special policies in the form of laws. Special policies, unlikely to promote replication outside of Hainan. “
Continue next year
“Some of the earlier trials in China were carried out through the legislature of the National People’s Congress. In the pilot area, the method of suspending relevant legal provisions or clauses other than the pilot practice was carried out. However , the Free Trade Port of Hainan is very powerful and involves many aspects. It is very broad. It is not enough to use the National People’s Congress to authorize the suspension of certain legal provisions in the pilot area, “a person who has told reporters been involved in policy consultation for a long time.
Before that, in the same way, the National People’s Congress immediately authorized the State Council to temporarily adjust the application of the relevant laws and regulations in the China Pilot Free Trade Zone (Hainan). However, when the Hainan Free Trade Ports Act is enacted, it has become the next most worrying issue.
In fact, the twenty-fourth meeting of the Standing Committee of the XIII National People’s Congress considered eight “continuous deliberation” bills, including the draft amendment (11) to the Criminal Procedure Law. At the same time, eight bills are also being reviewed for the first time. The Hainan Free Trade Port Bill is one of eight bills that are being revised for the first time. This shows that the legislative work of the Hainan Free Trade Ports Act must continue to go through the relevant legislative procedures before it can take place.
The exact situation known to the reporter shows that if there is no accident, the draft Hainan Free Trade Ports Law will be arranged for the NPC Standing Committee meeting to continue its deliberation next year. The current “caliber” is: “fight for the first Taiwan”. In the relevant works classification of the National People’s Congress, the Hainan Free Trade Ports Law is classified as “strengthening the legal protection of the country’s main strategies.”
It is worth noting that in the “Plan”, the Central Committee of the Communist Party of China and the State Council clearly proposed to clarify the various institutional arrangements of the free trade port in legal form to provide basic and principled legal protection for construction from the free trade port.
“I personally believe that the” Plan “will be the basic content of the Hainan Free Trade Ports Act. The legislation consists of adopting the form of law to determine the relevant systems, policies and practices involved in the” Plan “in the form of law, Guaranteed, ”said the head of the aforementioned core companies in Hainan.
Earlier, the new secretary of the Hainan Provincial Party Committee, Shen Xiaoming, stated that the legislative work of the free trade ports law should be the top priority of the work of the provincial People’s Congress party group, promoting legislative adjustments at the level and fight for the early and speedy enactment of the free trade ports law. We must make good use of the local legislative power and the legislative power of the special economic zones, improve the legislative work mechanism, strengthen the coordination of legislative plans, further improve the communication and coordination mechanism between the People’s Congress and the government, and fully do the preliminary legislation work to improve the quality of legislation.
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