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Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Application of Relevant Legal Provisions in Pilot Free Trade Zones [Effective]
全国人民代表大会常务委员会关于授权国务院在自由贸易试验区暂时调整适用有关法律规定的决定 [现行有效]
【法宝引证码】

Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Application of Relevant Legal Provisions in Pilot Free Trade Zones 

全国人民代表大会常务委员会关于授权国务院在自由贸易试验区暂时调整适用有关法律规定的决定

(Adopted at the 14th Session of the Standing Committee of the Thirteenth National Peoples Congress on October 26, 2019) (2019年10月26日第十三届全国人民代表大会常务委员会第十四次会议通过)

For the purposes of further optimizing the business environment, stimulating market vitality and social creativity, and accelerating the transformation of government functions, as decided at the 14th Session of the Standing Committee of the Thirteenth National Peoples Congress: the State Council is authorized to temporarily adjust the application of relevant provisions of the Foreign Trade Law of the People's Republic of China, the Road Traffic Safety Law of the People's Republic of China, the Fire Protection Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Customs Law of the People's Republic of China and the Seed Law of the People's Republic of China (the catalogue is attached below) in pilot free trade zones. The aforesaid adjustments shall be implemented on a trial basis within three years. For those proved practicable, the State Council shall offer opinions on amending the relevant laws; for those proving otherwise in practice, the implementation of the relevant legal provisions shall be resumed upon the expiration of the pilot program. 为进一步优化营商环境,激发市场活力和社会创造力,加快政府职能转变,第十三届全国人民代表大会常务委员会第十四次会议决定:授权国务院在自由贸易试验区内,暂时调整适用《中华人民共和国对外贸易法》《中华人民共和国道路交通安全法》《中华人民共和国消防法》《中华人民共和国食品安全法》《中华人民共和国海关法》《中华人民共和国种子法
你怀了我的猴子
》的有关规定(目录附后)。上述调整在三年内试行。对实践证明可行的,国务院应当提出修改有关法律的意见;对实践证明不宜调整的,在试点期满后恢复施行有关法律规定。
This Decision shall come into force on December 1, 2019. 本决定自2019年12月1日起施行。
Catalogue of Relevant Legal Provisions of Which the Application in Pilot Free Trade Zones Is Temporarily Adjusted by the State Council upon Authorization 授权国务院在自由贸易试验区暂时调整适用有关法律规定目录
S/N
我我我什么都没做谁敢欺负我的人
NameLegal ProvisionsAdjustment
1Recordation registration of foreign trade operatorsForeign Trade Law of the People's Republic of China
Article 9 A foreign trade operator engaged in the import and export of goods or technologies shall undergo recordation registration at the foreign trade administrative department of the State Council or the institution entrusted by it, unless recordation registration is not required as provided for by any law, administrative regulation or the foreign trade administrative department of the State Council. The specific measures for recordation registration shall be prescribed by the foreign trade administrative department of the State Council.
If any foreign trade operator fails to undergo recordation registration according to relevant provisions, the Customs may not undergo the formalities for the customs declaration and release of imported and exported goods.
Directly canceling approval (canceling the recordation registration of foreign trade operators)
2Qualification determination of tractor driving training schools and driving training classesRoad Traffic Safety Law of the People's Republic of China
Paragraph 1 of Article 20 The training on motor vehicle driving shall be conducted by non-government institutions. The transport administrative departments shall administer the qualifications of driving training schools and driving training classes, among which, the qualifications of special tractor driving training schools and driving training classes shall be administered by agriculture (agricultural machinery) departments.
Directly canceling approval

S/N
NameLegal ProvisionsAdjustment
3Approval of qualifications of fire protection technical service providersFire Protection Law of the People's Republic of China
Article 34 Fire protection technical service providers and practitioners engaged in fire protection product quality certification, fire protection facility testing, and fire safety monitoring, among others, shall obtain the corresponding eligibility or qualification in accordance with the law; and provide fire protection technical services upon entrustment and be responsible for service quality according to relevant laws, administrative regulations, national standards, industrial standards and practice guidelines.
Directly canceling approval
4Food distribution permit (merely the sale of pre-packed food)Food Safety Law of the People's Republic of China
Article 35 The state shall adopt licensing rules for food production and distribution. An entity that plans to provide food production or sale or catering services shall obtain a permit in accordance with the law. However, a permit is not required for the sale of edible agricultural products.
The food safety supervision and administration department of a local people's government at or above the county level shall, in accordance withthe provisions of the Administrative Licensing Law of the People's Republic of China, examine the relevant materials submitted by an applicant required under subparagraphs (1) to (4), paragraph 1 of Article 33 of this Law, and if necessary, conduct the on-site inspection of the applicant's place for production or distribution. If the prescribed conditions are met, a permit shall be granted; or if the prescribed conditions are not met, the permit shall not be granted, and the grounds shall be explained in writing.
Changing from approval to recordation
5Registration recordation of customs declaration enterprisesCustoms Law of the People's Republic of China
Paragraph 1 of Article 11 The consignee or consignor of imported or exported goods or a customs declaration enterprise which undergoes customs declaration formalities must be registered at the Customs in accordance with the law, and shall not provide customs declaration services if it is not legally registered at the Customs.
Changing from approval to recordation

S/N
NameLegal ProvisionsAdjustment
6Fire protection safety inspection before a public gathering place is put into use or opens for business operationFire Protection Law of the People's Republic of China
Article 15 Before a public gathering place is put into use or opens for business operation, the employer or user shall file an application for fire protection safety inspection with the fire disaster relief body of the local people's government at or above the county level.
The fire disaster relief body shall, within 10 working days after accepting the application, conduct the fire protection safety inspection of the said place in accordance with fire protection technical standards and management provisions. The said place shall not be put into use or open for business operation if it has not been subject to fire safety inspection or fails to satisfy fire safety requirements upon inspection.
Implementation of notification commitments (if the party makes a commitment on the compliance with fire protection safety standards and provides relevant materials, the fire disaster relief body is not required to conduct essential examination, and shall make an approval decision on the spot.)
7Issuance of the production and operation permit for (the import and export of) forestry and grass seedsSeed Law of the People's Republic of China
Paragraph 1 of Article 31 The seed production and operation permit for engaging in the seed import and export business shall be subject to examination by agriculture and forestry departments of people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and be issued by agriculture and forestry departments of the State Council.
Article 93 This Law shall apply, mutatis mutandis, to the management, selection and cultivation, production and operation, management and other activities on germ plasm resources of grass seeds, cigarette seeds, traditional Chinese medicine seeds and edible fungi seeds.
Optimizing approval services (canceling the examination by provincial forestry and grassland departments)
 





     
     
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