Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Implementation of Relevant Provisions of Law in China (Hainan) Pilot Free Trade Zone

by Standing Committee of the National People's Congress

Decision of the Standing Committee of the National People's Congress on Authorizing the State Council to Temporarily Adjust the Implementation of Relevant Provisions of Law in China (Hainan) Pilot Free Trade Zone

(Adopted at the 17th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2020)

For the purpose of supporting comprehensive and further reform and open up in Hainan, and ensuring the implementation of the policies for China (Hainan) Pilot Free Trade Zone, the Standing Committee of the Thirteenth National People's Congress has decided at its 17th Meeting: to authorize the State Council to temporarily adjust, up until December 31, 2024, the implementation of relevant provisions of the Land Administration Law of the People's Republic of China, Seeds Law of the People's Republic of China, and Maritime Law of the People's Republic of China (See the Appendix) in China (Hainan) Pilot Free Trade Zone.

A sound system must be set up for both in-process and ex post supervision during the period when the relevant provisions of law are temporarily adjusted, to effectively prevent and control potential risks. The State Council and its relevant departments shall enhance guidance, coordination and oversight, summarize in a timely manner the experiences learned therefrom, and make a midterm report to the Standing Committee of the National People's Congress. Where it is proved that such adjustments are feasible in practice, the related provisions of law shall be revised or improved accordingly. Whereas practical experience shows that such adjustments are inappropriate, the original provisions of law shall be reinstated.

This Decision shall come into force on May 1, 2020.

Appendix:

Provisions of Law the Implementation of which is Temporarily Adjusted in China (Hainan) Pilot Free Trade Zone by the State Council upon Authorization

Serial No.	Legal Provisions	Adjustment
1	Land Administration Law of the People’s Republic of China The first paragraph of Article 35 Once the permanent basic cropland has been demarcated according to law, no entity or individual may occupy or change its use without authorization. Where, in selecting the site of national key construction projects for energy, transportation, water conservancy, military facilities, etc., it is indeed difficult to avoid occupying permanent basic cropland, which necessitates the change of use or expropriation thereof, such change or expropriation shall be subject to the approval of the State Council. The first paragraph of Article 46 The expropriation of the following land shall be subject to the approval by the State Council: (1) permanent basic cropland; (2) cultivated land, not included in permanent basic cropland, that exceeds 35 hectares; (3) other land that exceeds 70 hectares.	Temporary adjustment is made to the implementation of the relevant provisions of the first paragraphs of Article 35 and 46 of the Land Administration Law of the People’s Republic of China, i.e., as regards land expropriation within the China (Hainan) Pilot Free Trade Zone which is subject to the approval of the State Council, the State Council authorized the people’s government of Hainan province to make such approval. On the premises that the policy of protecting permanent basic cropland is strictly adhered to, that the total area and quality of cultivated land in the China (Hainan) Pilot Free Trade Zone is ensured, and that the area of construction land therein is not increased, the people’s government of Hainan province shall formulate detailed administrative measures and improve the regulatory measures during the process and ex post, which shall be implemented after being approved by the administrative department of natural resources under the State Council.
2	Seed Law of the People’s Republic of China The first paragraph of Article 31 The applications for production and business operation permits for importing and exporting seeds shall be subject to examination by the competent departments in charge of agriculture or forestry under the people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government, and the permits shall be issued by the competent department in charge of agriculture or forestry under the State Council.	Temporary adjustment is made to the implementation of relevant provisions of the first paragraph of Article 31, i.e., the power to issue the production and business operation permits for the business of import and export of seeds within the China (Hainan) Pilot Free Trade Zone, which belongs to competent departments of agriculture and forestry under the State Council shall be delegated to the departments of agriculture and forestry of the people’s government of Hainan province. On the premises that any germ plasm resource introduced from abroad is strictly isolated and regulated, that bio-invasion is prevented, and that risk assessment and quarantine regulation is enhanced, the people’s government of Hainan province may formulate detailed administrative measures and improve the regulatory measures during the process and ex post, which shall be implemented after being approved by the administrative departments of agriculture and forestry under the State Council.
3	Maritime Code of the People’s Republic of China The second paragraph of Article 4 No foreign ships may engage in the maritime transport or towage services between the ports of the People’s Republic of China unless permitted by the competent authorities of transport and communications under the State Council.	Temporary adjustment is made to the implementation of the provision of the second paragraph of Article 4, i.e., the power to issue market access permits to the Chinese-funded enterprises (operators) in the cruise tour business flying the flag of convenience and to their ships engaged in the same business, as well as the power to issue permit to cruises flying non-Chinese flags for making consecutive callings at ports only within the China (Hainan) Pilot Free Trade Zone, which belong to competent department of transport and communications of the people’s government of Hainan province. Considering the sea area of Hainan and the development of international cruises therein, before any cruise flying Chinese flag comes into service, Chinese cruise transportation operators are allowed to conduct cruise tour business flying the flag of convenience at the port of Haikou and Sanya, Hainan. The people’s government of Hainan province shall formulate detailed administrative measures, organize relevant departments and the municipal people’s governments of Haikou and Sanya to carry out their respective regulatory duties and enhance regulation of the operators and cruises involved in this pilot program.