Management Measures of Sanya City for Investment Promotion

Chapter I General Provisions

Article 1 Basis for formulation. For the purpose of further standardizing, institutionalizing and rationalizing the management of investment promotion in Sanya city and effectively improving the quality of the investment promotion, these measures are formulated, in accordance with the relevant policy documents of the State, Hainan province and the city and based on the actual conditions of the city.

Article 2 Basic definition. For the purpose of these measures, investment promotion activities refer to the economic activities carried out, under the principle of mutual benefit and common development, to bring in projects, capital, talents, technology brands, patents and other tangible or intangible assets to the city.

Article 3 Basic principle. The investment promotion activities of the city shall follow the following basic principles:

(1) Each and every public official shall be an investment promoter, having the responsibility to promote investment;

(2) The departments in charge of investment promotion shall earnestly perform their duties and create a sound investment promotion environment where integrity, honoring of commitments, openness, transparency, fairness, and impartiality are valued;

(3) Investment projects shall satisfy environmental protection requirements, have high quality, be highly effective and be aligned with the industrial development plans of Hainan province and the city;

(4) Investment promotion shall be carried out in a steady, orderly and collaborative manner along the process of recommendation, negotiation, agreement signing, implementation tracking, supervision, and assessment;

(5) Investment promotion activities shall be publicized and promoted in accordance with a unified standard.

Chapter II Organizations and Roles

Article 4 Organizational structure. A hierarchical, coordinated and effective organizational structure shall be established for investment promotion in the city. In this organizational structure, the Sanya Leading Group for Investment Promotion shall assume the leadership, the Sanya investment promotion bureau shall take charge of coordinating the investment promotion activities, investment recommenders shall be in charge of recommending investors, the primary service departments shall be responsible for tracking project implementation, and the functional departments shall be responsible for guaranteeing the relevant supports. Investment promotion departments (including investment recommenders, primary service departments, and support guarantee departments) shall accomplish investment promotion in accordance with their respective responsibilities.

Article 5 Leadership department. The Sanya leading group for investment promotion is the leading department for the city's investment promotion activities. Pursuant to the Notice of General Office of the CPC Committee of Sanya city and General Office of People's Government of Sanya City on Establishing Sanya Leading Group for Investment Promotion, it shall exercise leadership over the investment promotion of the city and analyze and address the significant problems that arise in the process of investment promotion and signed project implementation.

The leading group shall have an office, responsible for the day-to-day work of the leading group. The office shall be set up at the Sanya investment promotion bureau, and the vice mayor in charge of investment promotion shall serve as the director of the office.

Article 6 Coordinating department. The Sanya investment promotion bureau is the leading and coordinating department for the city's investment promotion activities. It shall be responsible for (1) formulating and implementing policies, and conducting industrial research with respect to investment promotion; (2) building and managing the Information Management System for Investment Promotion; (3) leading the organization of significant citywide investment promotion activities; (4) performing the duties of the Office of Sanya Joint Meeting on Promoting Headquarters Economy Development; and (5) tracking, coordinating and assessing investment projects. It may serve as an investment recommender, primary service department, or support guarantee department.

Article 7 Investment recommenders. Investment recommenders refer to all public officials of the city, district governments (including the Administration Committee of Yucai Ecological Area), functional departments directly under the municipal government, management agencies of industrial parks, and State-owned enterprises under the administration of the municipal government. Investment recommenders shall be responsible for recommending projects that are aligned with the city's industrial development plan.

Other enterprises and individuals are encouraged to act as investment recommenders to recommend their or other investment projects.

Article 8 Primary service departments. Primary service departments for investment promotion activities are the departments that provide services throughout the entire process of investment promotion from negotiation, agreement signing, to project implementation. In general, they are management agencies of industrial parks and district governments; however, if necessary, functional departments directly under the municipal government and State-owned enterprises under the administration of the municipal government may act as primary service departments. The Sanya investment promotion bureau shall be responsible for coordinating and supervising the relevant work in the process of investment promotion.

Article 9 Support guarantee departments. Support guarantee departments for investment promotion activities are the departments that provide the entity approval, land supply, land use planning, funding support, fiscal support, talent introduction, and other supports for the investment projects of the city. They are mainly district governments, functional departments directly under the municipal government, and management agencies of industrial parks.

Article 10 Investment promotion teams. Primary service departments and support guarantee departments may, according to their needs, set up investment promotion teams, which shall be specifically responsible for the implementation of investment promotion activities and follow-up services and funded by the finance function at the same level.

Chapter III Investment Recommendation

Article 11 Information entry. For a project that is aligned with the city's industrial development plan and industrial catalog, the recommender shall enter the information on the proposed investment project to the Sanya Information Management System for Investment Promotion in a timely manner.

Article 12 Encouraging investment recommendation. The Sanya investment promotion bureau shall enact reward policies to encourage direct investment promotion, entrusted investment promotion, and investment recommendation in other forms, so as to expand the sources of investment promotion information.

Article 13 Time limit for reply. The Sanya investment promotion bureau shall, within one working day after the entry of the project information, give reply on and register the proposed project and designate a primary service department. The primary service department shall, within one working day upon receiving the designation from the Sanya investment promotion bureau, contact the recommended entity and provide relevant services.

Article 14 Determination of primary service department. If the management agency of an industrial park or district government is the investment recommender, it shall act as the primary service department after reporting to the Sanya investment promotion bureau for record filing.

If the management agency of an industrial park or district government is the investment recommender but the project is not suitable to be implemented in the industry park or the jurisdiction of the district, the Sanya investment promotion bureau shall register the proposed project after initial review, and, considering the industry, investment scale and intended project site, select the most suitable primary service department.

For other investment recommenders, Sanya investment promotion bureau shall register the proposed project after initial review, and, considering the industry, investment scale and intended project site, select the most suitable primary service department.

In designating the primary service department, the Sanya investment promotion bureau shall fully respect the wish of the recommended entity and recommender, and select the most suitable primary service department comprehensively considering the city's district industrial development plans and other factors.

Chapter IV Negotiation

Article 15 Negotiator. The negotiation on the proposed project shall be led by the primary service department and, if necessary, may be led by the municipal leader in charge of the primary service department.

Article 16 Matters under negotiation. During the negotiation, the primary service department shall gain information on investing enterprise's strengths, market prospects, investment plans, investment requirements, project siting requirements, and other matters in relation to the project construction, and fill in the Investment Intention Form. If necessary, the primary service department and support guarantee departments shall accompany the investing enterprise to the intended project site for inspection.

Article 17 Commitment making. During the negotiation, the primary service department may make commitments in accordance with the relevant policies, if the investing enterprise's requests are aligned with the relevant policies and regulations of Hainan province and the city and verified to be true; for a project with requests that are beyond the scope of the current policies and regulations, the project shall be reported to the municipal leader in-charge for negotiation, and the opinions of other relevant departments shall be obtained according to the actual situation.

Article 18 Evaluation and discussion. After negotiation where the investing enterprise's real investment intention is confirmed, the primary service department and support guarantee departments shall convene an evaluation meeting according to the actual situation to discuss whether the project is appropriate in terms of the city's industrial policy, development plan, environmental assessment, feasibility, and expected benefits, and minutes of the meeting shall be formed.

During the evaluation and discussion, the primary service department may engage a third-party organization to perform due diligence, and work with support guarantee departments to make a project risk reminder according to the due diligence report.

Chapter V Agreement Management

Article 19 Applicability of agreement. An agreement may take the form of strategic cooperation agreement (memorandum) or investment cooperation agreement. In general, a strategic cooperation agreement (memorandum) should only set forth the cooperation intention of both parties and briefly describe the cooperation content, without mentioning the investment scale and other specific investment indicators. An investment cooperation agreement should detail the rights and obligations of both parties and the liability for breach of the agreement.

In principle, an investment cooperation agreement shall be signed directly pursuant to the signing process stipulated in these measures; however, for a key project or key investing enterprise, the primary service department may, with approval of the municipal leader in-charge, sign a strategic cooperation agreement (memorandum) as a tentative arrangement to facilitate the investing enterprise's investment progress.

Article 20 Signatory. For agreement signing, if the project involves municipal management authority or municipal finance or is a key project, the agreement shall be signed by the municipal government; otherwise, the agreement shall be signed by the primary service department.

Article 21 Process of agreement signing. For an agreement to be signed by the municipal government, which is aligned with the current policies and regulations and does not involve land use, the primary service department shall draft the agreement according to the project information and submit it to the Sanya investment promotion bureau. The bureau shall approve in accordance with the following process:

(1) Collection of opinions. The Sanya investment promotion bureau shall collect the opinions of the functional departments in charge of the corresponding industry as specified in the agreement.

(2) Examination by legal adviser. After collecting the opinions of the relevant functional departments, the Sanya investment promotion bureau shall revise and improve the content of the agreement text and let legal adviser examine the legality of the text.

(3) Legal review by the Sanya bureau of justice. The Sanya investment promotion bureau shall review the legality examination opinions of the legal adviser, and, after revising and improving the content of the agreement text, submit the text to the municipal government, through which the text would be forwarded to the Sanya bureau of justice for legal review.

(4) Deliberation. After the agreement text is approved by the Sanya bureau of justice, the Sanya investment promotion bureau shall submit it to the municipal leader in charge of the primary service department for deliberation at an office meeting, and the primary service department shall be responsible for reporting at the meeting.

(5) Signing. After agreement text is approved at the office meeting of the municipal government, the Sanya investment promotion bureau shall request the municipal government to add signature and seal to the text. In the event of a request for any amendment from the office meeting, the primary service department shall make amendment and then submit the agreement text to the Sanya investment promotion bureau, through which the text would be submitted again to the municipal government for deliberation pursuant to the aforesaid process.

(6) Archiving. For an agreement signed and sealed by both parties, the original that should be retained by the municipal government shall be submitted to the confidentiality office of the municipal government for archiving, and at the same time, the Sanya investment promotion bureau shall put it on record for management.

For an agreement signed by the primary service department, the primary service department may determine the agreement signing process at its sole discretion and complete the agreement signing with reference to the above and according to its internal decision-making process.

Article 22 Deliberation by the executive meeting of the municipal government. For an agreement signed by the municipal government that involves land use or is beyond the scope of the current policies and regulations and therefore is subject to the "one decision for one issue" system, the agreement shall be submitted to the executive meeting of the municipal government for deliberation posterior to Paragraph iv of Article 21, in addition to all the procedures stipulated in Article 21 of these measures. After being approved by the executive meeting of the municipal government and undergoing the signing and approval procedures, the agreement shall be submitted to the municipal government for signing and seal.

Article 23 Post-signing management. All agreements on the investment project (including the agreements signed by the municipal government and the primary service department), after being signed, shall be submitted in writing to the Sanya investment promotion bureau for the record filing and unified management. If the agreements are not submitted, the Sanya investment promotion bureau shall not include them in statistics and management of signed agreements. The Sanya investment promotion bureau shall put on record the agreements signed by the municipal government.

Article 24 Modification or termination of agreement. In the event of a request for modification or termination of an agreement signed by the municipal government, the primary service department shall take the initiative to verify the reason and reasonableness in a timely manner and, if conditions permit, submit the agreement to the Sanya investment promotion bureau, through which the agreement would be submitted to the municipal government for approval. If the municipal government grants approval, the Sanya investment promotion bureau shall assist in completing the modification or termination of the agreement; if the municipal government rejects the project, the Sanya investment promotion bureau shall explain effectively to the investing enterprise and file the cases of typical significance as reference or warning for the future investment promotion activities. In the event of a request for modification or termination of an agreement signed by the primary service department, the primary service department shall take the initiative to verify the reason and reasonableness in a timely manner, and, if conditions permit, it may complete the modification or termination of the agreement on its own and make a report to the Sanya investment promotion bureau for record filing.

For the termination of an agreement due to both parties failing to reach cooperation or any other reasons, the primary service department and the investing enterprise shall negotiate to reach consensus on termination.

Article 25 Supervising and urging performance of agreement. After the agreement is signed, the primary service department shall track the performance of the agreement in real time. In the event of ineffective performance of the agreement due to the subjective reasons of the investing enterprises, the primary service department shall, by interview with the person in charge of the investing enterprise or by written letter, urge the enterprise to carry out remediation and perform the agreement. For an agreement signed by the municipal government, if the investing enterprise still refuses to perform the agreement after receipt of two reminders, the primary service department shall, after consideration and analysis, put forward and submit handling suggestions to the Sanya investment promotion bureau, through which such suggestions would be submitted to the municipal government for deliberation.

Chapter VI Enterprise Services

Article 26 Service entities. The primary service department shall be responsible for following up on the subsequent investment, construction, operation, policy fulfillment and other enterprise services concerning the investment project. If assistance from support guarantee departments is required, support guarantee departments shall provide effective cooperation and give priority to handling relevant matters.

Article 27 Service commissioner system. The primary service department shall designate personnel who are familiar with the business as service commissioners to be specially responsible for serving project implementation and enterprise operations. The service commissioners shall liaise with the investing enterprise, and act as enterprise service coordinators who coordinate the resolution of issues in project implementation.

Article 28 Advancement of project. For the investing enterprise that has signed the agreement, the primary service department shall work with the enterprise to draft and determine a project advancement plan. When necessary, the primary service department may organize the enterprise and support guarantee departments to a project communication meeting, at which the enterprise shall be fully informed of the affairs handling procedures. The minutes of such meeting shall be developed for further reference.

Article 29 Implementation of policies. The primary service department shall track the implementation of the preferential policies and conditions granted to the enterprise or project explicitly stated in the cooperation agreement throughout the process and assist in the materialization of rewards. If the enterprise is entitled to any financial rewards, the primary service department shall coordinate with the functional departments directly under the municipal government to grant the financial rewards or subsidies to the enterprise in accordance with the procedures; for any other rewards, the related terms of the agreement shall be observed. In the course of policy implementation, both parties to the agreement shall not change or adjust without authorization the preferential policies and conditions in any forms for any grounds after project implementation. Otherwise, the project preparation and production and the normal enterprise operation will be affected.

Article 30 Benefit evaluation. After the project is put into operation, the primary service department shall organize the relevant functional departments to evaluate the benefits of the project against the related conditions set out in the agreement.

Article 31 Regular reporting. The primary service department shall report project implementation progress regularly to the office of the leading group, and actively coordinate the resolution of any problems arising during project implementation to guarantee successful commissioning of the project. In the event of a significant problem, an on-site office meeting may be convened to address the problem with the approval of the office of the leading group; if the problem still cannot be solved, it shall be reported to the municipal CPC committee and municipal government for resolution through analysis and deliberation.

Chapter VII Information Management

Article 32 Information management system for investment promotion. The Sanya investment promotion bureau shall be responsible for the building of an information management system for investment promotion and whole-process management of investment promotion. The primary service department and support guarantee departments shall be responsible for providing and updating in real time the essential information for investment promotion projects in the Information System.

Article 33 Project database. To consolidate the foundation for investment promotion, expand project reserves, and develop leading projects, the Sanya investment promotion bureau shall take the lead in establishing a project database featuring rich content, standardized data, convenient inquiry, orderly entry or exit, and real-time updating. All investment promotion departments shall actively expand project reserves and fill in the project reserve form to provide inexhaustible guarantees for the city's investment promotion. The Sanya investment promotion bureau shall exercise dynamic management over the project database to ensure the timely update of the project information in the database.

Article 34 Work phases. The tasks of each phase that shall be completed within the time limit shall be set forth according to the workflow for investment promotion in the information system, and the image materials, text materials and other results generated in each phase shall be uploaded in real time to the information system.

Article 35 The information system shall be able to send out notice on task results and progress. Failure to complete a task within the time limit many times shall be reported to the leader in charge of the responsible entity and primary leaders for supervision; if no correction has been made after supervision, it shall be reported to the municipal CPC committee and municipal government for handling.

Article 36 Statistical work. The Sanya investment promotion bureau shall be responsible for collecting information on investment promotion and generating relevant statistics. The primary service department shall update the relevant information on project negotiation, agreement signing and project implementation in real time in the information system, including but not limited to fixed asset investment, foreign capital, taxation, granting of rewards or subsidies, and investment intensity.

The Sanya investment promotion bureau shall be responsible for establishing and continuously improving the standardized ledger of investment promotion information, regularly collecting and reviewing the city's investment promotion information, and finding out and submitting valuable information to the leading group.

Chapter VIII Publicity and Promotion

Article 37 Publicizing entities. The publicity and promotion of investment promotion activities of the city shall be carried out in a coordinated way by the office of the leading group and managed uniformly by the Sanya investment promotion bureau, and investment promotion teams shall be responsible for specific publicity activities.

Article 38 Publicity requirements. The publicity and promotion activities organized or participated in by investment promotion departments shall be subject to unified standards.

Article 39 Implementation of publicity activities. Investment promotion departments shall formulate publicity and promotion plans and make effective capital budgets in light of their conditions. When necessary, publicity and promotion activities among investment promotion departments may be implemented in a coordinated manner.

Chapter IX Inspection and Assessment

Article 40 Assessment measures. To ensure the effectiveness of investment promotion of the city, the office of the leading group shall formulate assessment measures for the investment promotion according to these measures and in light of the scope of responsibilities of departments. In addition, it shall gradually achieve full-coverage assessment according to the actual situation and scientifically assess the results of investment promotion to increase the quality and efficiency of investment promotion.

Article 41 Investment promotion inspection. Investment promotion departments shall optimize the business environment, raise efficiency, toughen discipline, and actively serve project construction. The Sanya investment promotion bureau shall promptly notify problems in project implementation in real time. For problems such as inadequate attention paid to investment promotion projects, ineffective supervision or coordination, inadequate provision of services, the Sanya investment promotion bureau shall promptly report them in real time to the competent departments for remediation. Violations of law or discipline, once found, shall be reported to the discipline inspection departments for investigation and punishment in accordance with rules and regulations.

Chapter X Supplementary Provisions

Article 42 Application in the event of conflicts. Where laws or administrative regulations set out separate provisions on investment promotion activities, such provisions shall prevail.

Article 43 Power of interpretation. The Sanya investment promotion bureau shall be responsible for the interpretation of these measures.

Article 44 Date of enforcement. These measures shall come into force as of May 1, 2021.