According to the state relevant regulations, laws and policies and the spirit of Decision on Quickening the Development of Xiangsihu New Zone by Nanning CPC Committee and Pepole’s Government, and in consideration of Nanning actual conditions, these Regulations are made so as to quicken the development of Nanning Xiangsihu New Zone (hereinafter called the New Zone).
Chapter 1 The Area of the New Zone and Key Industries to be Developed
Article 1Located in the west ofNanningcity and along the upstream of
River, the New Zone has a planned area of 127 square kilometers, 69 square kilometers of which are the area under the management of the New Zone Management Commission. The actual location is: To the east is 25 meter wide planned road at the New Hi-Tech Development Zone - the Express Ring Road – the planned Daling Road-Yongjiang River–Qingchuan Bridge-Shajing Avenue- the north road and the west road of Aluminium Processing Industrial Park, to the south is 30 meter wide planned road at the South Railway Station, to the west and the north is the Green Belt of the Express Highway.
Chapter 2 Management and Operation Mechanism of the New Zone
Article3Ahighly efficient administrative operation mechanism is established. The overall plan, the controllable detailed planning, the environmental impact assessment and the industry planning will be implemented after they are approved by the municipal government and relevant function departments. The New Zone Management Commission is entrusted to take charge of the relevant investment items in the New Zone, and it exercises part of the municipal examination and approval authority concerning items like plan, industry, commerce, planning, state land, construction, the environmental protection, gardening, real estates, the safety supervision, the organs or personnel stationed in the New Zone from relevant municipal function departments exercise their relevant functions. The New Zone based organs from departments which have vertical management system shall simplify the handling procedures and be efficient while relevant function departments shall enhance the business instruction so as to offer the service of high quality.
Article 4Establish an efficient management mechanism of planning administration examination and approval. The New Zone Management Commission has carried out the planning work in the light of the approved overall plan and the controllable detailed planning. Within the approved planned area of the New Zone, except the planning items which the municipal people’s government has assigned relevant Districts and the New and Hi-Tech Development Zone to take charge of, the New Zone Management Commission is responsible for items like the location of construction land, determination of planning and examination of construction projects, and handling of Position Paper of the Location of Construction Project, Permit of Planning Construction Land, Permit of Construction Project Planning, etc..
Article 5Establish an efficient management mechanism of construction administrative examination and approval. Entrusted by the municipal construction committee, the New Zone Management Commission is responsible for the examination and approval and the management of relevant areas or construction projects within the New Zone (excluding the planned city infrastructure projects and the management of project bidding invitation), and the examination and issue of Construction Permit of Construction Projects; entrusted by the municipal construction committee, the city planning management bureau and gardening management bureau, the New Zone Management Commission has the examination and management authority over the road digging, gardening and greening, the ad setting-up along the sub-trunk road and road construction of various kinds within the New Zone area. Entrusted by the municipal construction committee, the New Zone has the punishment authority over the behaviors violating regulations and laws of city construction management within the area of the New Zone. The municipal real estate management bureau sets up a station in the New Zone handling the registration and issue of house property and the registration and records of real estate transactions of various kinds within the New Zone area.
Article 6Establish an efficient management mechanism of administrative examination and approval of state land resources. The function organ from the municipal state land bureau stationed in the New Zone is responsible for the work like the land acquisition, registration, issue of licenses, mortgage, alteration, the supervision and inspection of illegal land use within the New Zone, and for the issue of Permit of Construction Land Use, Certificate of State Land Use, Certificate of Collective Land Use, Authority Certificate of Others (including lease and mortgage), etc.. As for matters which require the examination and approval proceeding of the administration of the municipal-level or above, the relevant function organs in the New Zone Management Commission are responsible to coordinate the work of the preliminary evaluation.
Article 7Establish an efficient management mechanism of the administrative examination and approval of the environmental protection. Entrusted by the municipal environmental protection bureau, the New Zone Management Commission is responsible for the compiling of the New Zone’s Environmental Impact Assessment and submits it to the municipal environmental protection bureau for examination and approval. The examination and approval of the environmental protection can be simplified if the study report of the environmental impact assessment of an introduced project in the New Zone is up to the requirement. The New Zone Management Commission is responsible for the environmental supervision and management of relevant construction projects and the registration of waste discharge application and the issue of Permit of Waste Discharge; the supervision and management of environmental protection facilities of various kinds; the collection of enterprise waste discharge fees in the New Zone. The New Zone Management Commission is responsible for the application of environmental protection projects. When the municipal finance bureau and environmental protection bureau have approved these projects, the funds of these projects will be specially put into the construction of the environmental protection facilities in the New Zone.
Chapter 3 The Areas and Projects to be Developed
Article 8According to its functions, the New Zone Management Commission is responsible to organize, coordinate and develop the following areas and projects in the New Zone:
1. relevant infrastructure construction and non-operation projects in the New Zone;
2. the start-up area and higher education base in the New Zone;
3. Guangxi and
Nanningmajor projects organized and implemented by the municipal level;
4. the development of those units in the New Zone who are transferred to the jurisdiction of
Nanningcity from the level of Guangxi Zhuang Autonomous Region;
5. the development of those municipal units in the New Zone which Nanning People’s Government has entrusted the New Zone Management Commission to organize;
6. other areas and projects which the New Zone Management Commission finds necessary to develop. Except the areas and projects the New Zone Management Commission organizes and develops, other projects in the New Zone concerning relevant Districts and the New Hi-Tech Development Zone are self-organized and self-developed according to Nanning City Overall Plan and the Plan of Xiangsihu New Zone. On the completion of the area development and the project construction organized by the New Zone Management Commission, the District Government and the Management of the New Hi-Tech Development Zone will take charge of their own areas according to the principle of the place.
Article 9The New Zone financial management system is established according to the category Class I financial management system. According to the current financial management system and the principle of the combination of responsibilities, rights and interests, the New Zone, the District and the New and Hi-Tech Zone will share at a certain ratio the financial and tax revenues produced by relevant areas and projects within the management range of the New Zone. The municipal People’s Government will organize the municipal Finance, the New Zone, relevant Districts and the New and Hi-Tech Zone to draft the implementation provisions.
Article 10Establish a regular coordination and communication mechanism for the business invitation and investment introduction. The New Zone further enhances the coordination and communication with relevant districts and the New and Hi-Tech Zone to create a good investment environment and form an integrated force while each shall allow full play to each own enthusiasm and creativity and carry out a more specific aim at the work of business invitation and investment introduction in the light of industrial layout and the relevant construction requirement of the New Zone.
Chapter 4 Provisions of Investment and Financing
Article 11The New Zone is the piloting unit of the reform of
Nanninginvestment and financing mechanism. A new investment and financing mechanism in the New Zone shall be gradually established: the diversification of investment of the main body, the variety in the form of financing, the marketization of operation modes. The city infrastructure construction adheres to the principle that the input mainly comes from the revenue of land operation and the benefit of state-owned asset operation, the operation is run in the mode of marketization in combination of the modes like BOT, TOT, PPPS, the form of financing is undertaken in the form of bidding invitation, aggregate trust loans, and funds are raised by using the favorable policies for development of the New Zone to attract folk funds, social capital and foreign capital, and to realize the sustainable development of the New Zone construction.
Article 12The main bodies of investment and financing for the infrastructure and non-operation projects of the New Zone are: Xiangsihu Investment & Development Co. Ltd, Xiangsihu Supply Center of Land Reserves, other legal bodies with the required credentials. They can invest and manage the relevant infrastructure and non-operation projects of the New Zone
Article 13Non-operation infrastructure projects like city roads, bridges, public green land, and infrastructure projects whose operation income can not cover the cost require the input of the income from land operation and the state-owned assets and other financial funds, and in the meantime, funds can be raised from domestic and international monetary institutions with land resources as guarantee and through multi-channels.
Loans are obtained from monetary institutions home and abroad with the revenue of land operation in the New Zone as impawn, Xiangsihu Investment & Development Co. Ltd and Xiangsihu Supply Center of Land Reserves as the main bodies of loans and the Financial Department making commitments to pay off the loans.
According to the investment and construction plan of the New Zone, a certain amount of financial funds shall be arranged by the municipal government for the infrastructure construction and non-operation projects in the New Zone each year.
Establish the operation system of separating the revenue from the expenditure. A special account for paying-off loan is established in the finance of the New Zone, into which relevant land returns, bank loans and other income shall be put; the pre-phase funds and the 1ststage investment for public infrastructure mainly come from the municipal finance, the afterwards investment will be raised through market operation by Xiangsihu Investment & Development Co. Ltd.
Article 14The main investment bodies of various kinds may join in the construction of operation infrastructure projects like gas, heat, water, waste water disposal and garbage disposal by means of shares, share control, sole capital, purchase, lease and transfer. Construction funds can be raised by means of BOT, TOT, PPPS, contracted development, bidding invitation, aggregate trust loans, issue of city construction bonds, etc..
If the fund is raised by means of BOT, the developer enjoys a special operation license for a period of time offered by the municipal government depending on the investment cost and anticipated revenue of the project. When the operation period expires, the project will be transferred to the New Zone Management Commission.
If the fund is raised by means of TOT, on the basis of the asset evaluation of the completed project, the investor enjoys a special operation for a period of time offered by the municipal government depending on the investment cost and anticipated revenue. When the operation period expires, the project will be transferred to the New Zone Management Commission.
If the fund is raised by means of PPPS, the joint venture enjoys a special license for a period of time offered by the municipal government.
If the fund is raised by means of contracted development, the New Zone Management Commission promises to offer a certain rate of investment to the developer and sign with him a development compensation contract. The compensation money returned to the developer comes from the financial revenues obtained from the land operation and state-owned operation in the New Zone.
If the fund is raised by means of bidding invitation, detailed contents like the feasibility, risks, and investment will be published to the public to make full use of social and folk money.
If the fund is raised by means of aggregate trust loans, the loans for the operation infrastructure projects are provided by commercial banks entrusted by units or individuals.
On the approval of the state relevant departments, the integration of the operation projects and good state-owned assets in the New Zone shall be carried out to determine the mail body to issue city construction bonds to raise the fund.
Article 15Investment Bodies of various kinds can take part in the construction of public facilities like schools, hospitals, cultural physical stadiums, big parking lots (accommodating over 500 parking berths).
Article 16Investors can get the investment rights of infrastructure projects like roads, squares, gardens and afforestation, bridges by means of bidding invitation and auction according to the requirements of the New Zone planning and obtain one-year advertising operation right and name right within the area of the invested project. Having obtained the name right, the investors shall do the naming according to Regulations of Place Names and relevant laws. The naming shall be agreed by the New Zone Management Commission and then submitted to relevant departments for examination and approval; without permission, the name right shall not be transferred, otherwise, it shall be taken back according to law.
Chapter 5 Provisions of Land Use
Article 17All the land in the New Zone, taken into the supply plan of the entire municipal land, is purchased, invited for bidding, auction and name-tagged selling, and managed by Supply Center of Land Reserves of the New Zone.
Article 18Land shall be transferred according to Catalogue of Land Transfer published by Ministry of State Land Resources. The land which meets the land transferring policy shall be transferred at the cost price, and the transferring procedures can be handled only after the relevant money is placed into the account; operation land shall be openly invited for bidding, auction or name-tagged selling while land of other kinds shall be sold according to relevant land policies and in combination of cost price. The land use obtained by means of bidding, auction and tagged selling shall be used according to the terms set in the Contract of state land use transferring, relevant regulations and laws.
The land use obtained by means of agreement shall be used according to relevant regulations set in Regulations on Agreement of Transferring State Land Use (Order No.21 of Ministry of State Land Resources).
Article 19Land transferring money for the projects whose land use is obtained by means of bidding invitation, auction and tagged selling shall be fully paid in one time. With the permission of relevant departments, the land transferring money for the key projects can be paid in installments within the period of no more than three years with the number of stages no more than 3. The land use license can be handled only after the land transferring money is fully paid.
In the time of signing the contract of land transfer, the investor should produce relevant papers like the business license, the investment certificate, etc.. The initial payment shall be 30% of the land transfer price. Corresponding interest on the basis of the land transfer money shall be calculated if the land transfer money is not paid when the specified payment time expires; the basic interest rate for loans of the same period specified by People’s Bank of China shall be used; the full land payment and its corresponding interest shall be fully paid when the period of payment expires. The amount of the land transfer money, the period and breaching obligations shall be specified in the contract of state land transfer.
Article 20The land price of
Nanningcity is the bench mark of the negotiated price of the land in the New Zone. It is determined by uses, dimensions and land location. The negotiated land price shall be submitted to Nanning People’s Government for examination and approval.
Chapter 6 Provisions of Removal and Resettlement
Article 21Affairs like the land acquisition, removal and resettlement are organized and solved by relevant Districts, the New and Hi-Tech Zone and the New Zone. Relevant Districts, the New and Hi-Tech Zone and the New Zone shall be responsible for the removal of the illegal buildings and temporary structures which have not been demolished in time within the relevant areas and projects in the New Zone in the principle of the place.
Article 22As for the whole village which needs relocating, the relocation area shall be planned by the New Zone, relevant Districts and the New and Hi-Tech Zone together with relevant departments like the municipal planning bureau, the state land bureau and the bureau of civil administration. Once the relocation site is determined, the New Zone, relevant Districts and the New Hi-Tech Zone shall organize the construction of houses for farmers as planned.
Article 23Appropriately solve the production and living problems of the farmers whose land has been acquisitioned. Professional and skill training is held for the farmers according to the actual situation and needs. Farmers shall be encouraged to make use of the relocated land for reasonable development and broaden the employment channel. Appropriate care shall be given to those who seek self-employment when they are getting through formalities like industrial and commercial procedures, taxation and hiring.
Chapter 7 Provisions of Encouraging Investment
Article 24The New Zone provides one-stop service. On the receipt of the written application documents of enterprises, all the procedures will be completed within 7 workdays in the business hall of the New Zone.
Article 25The domestic investment project in the New Zone is registered for records; the foreign investment project is handled according to relevant state regulations.
Article 26During the period of the project construction and operation, the New Zone is entrusted by the municipal financial departments to collect the charge items concerning the administration. As for the industrial projects which are supported by the New Zone, charge items concerning the administration which fall into the authority of the New Zone can be half or fully exempted.
Article 27Talents of various kinds are welcome to make investments or provide services by means of transfer, temporarily transfer, employment, part-time, research collaboration, technological exchanges, technical shares and consultation; municipal relevant departments shall simplify the procedures so as to provide convenience for the introduction of talents.
Article 28Talents of various kinds working in the New Zone will be treated according to relevant policies of
Nanningcity; and they enjoy the same treatments as the same personnel in aspects of job, professional evaluation, talent training, education of children, etc.
Article 29The salary and distribution system is various and flexible. The enterprises in the New Zone may self-determine the salary level of the introduced talents in the distribution form they would like such as annual salary system, negotiated salary system and share options. The introduced talents can use their technology, patents, inventions and capital to join the distribution in which the ratio is determined by the employment unit and the person. Ample rewards shall be awarded to those who have made major inventions or outstanding achievements.
Article 30As for Foreign staff and returned overseas staff employed by the enterprises in the New Zone, the New Zone should help them apply for 1 to 5 years long multiple return visa within their authority.
Article 32Residence buildings, to be built in the higher education base, will be sold or leased to teachers and staff working in the higher education base at the price of economical house.
Chapter 8 Miscellaneous
Article 32During the implementation of these Regulations, appropriate adjustments shall be made by Nanning People’s Government in consideration of actual situation if state regulations and laws change.
Article 33Nanning People’s Government is responsible for further explanation of these Regulations.
Article 34These Regulations shall go into effect in 30 days as of the date of the publication.