|
Measures of the Shenzhen Special Zone on the Confirmation
and Assessment of Foreign-Invested Exporting Enterprises
and
Advanced Technology Enterprises
|
|
|
|
[The
Date of Promulgation]: January 29, 1994 |
|
[The
Date of Taking Effect]: January 29, 1994 |
|
[Promulgating
Organ]: The Shenzhen Municipal Government |
|
|
|
Article 1 According
to Rules of the State
Council on Encouraging Foreign Investment (hereinafter
referred to as Rules), these measures are hereby formulated in the light of the
practical conditions of the Shenzhen Special Zone in
order to
have good performance in the confirmation and assessment of
foreign-invested product exporting
enterprises and advanced
technology enterprises referred to in Article 2 of Rules. |
|
|
|
Article 2 The
enterprises with Chinese and foreign investment, cooperative
enterprises, enterprises with exclusive
foreign capital
(hereinafter abbreviated as foreign-invested enterprises) which
have been approved
to be established in the Shenzhen Special
Economic Zone according to law, meet the requirements for
product exporting enterprises and advanced technology
enterprises, and receive certificates after confirmation
and
assessment, shall enjoy the related preferential treatments
listed in Rules and
prescribed by the Shenzhen Special Economic Zone. |
|
|
|
Article 3 A
foreign-invested enterprise which meets the following
requirements shall be confirmed as a product
exporting
enterprise: |
|
(1)
the enterprise must be one producing goods for exporting; |
|
(2)
the products are mainly used for export (including export
by the enterprise itself, export by a foreign trade company
by
entrustment, import substituting, and other ways of export), the
value of export products of a year shall be more than 50% of the total
value of all products in that very year; |
|
(3)
through export of its products, the enterprise is capable
of making a balance between revenue and expenditure in
operating
foreign exchange or a surplus in that very year (the calculation
formula: the surplus
of foreign exchange at the end of a year is
equivalent to the surplus carried forward from the last year
plus the revenue in operating foreign exchange realized in the
current year minus the expenditure in operating
foreign exchange
in the current year). |
|
|
|
Article 4 If
the value of annual export products of a product exporting
enterprise |
|
which
meets the requirements in Article 3 reaches more than 70% of the
total value of its all products
in that very year and the
enterprise is graded as qualified in the annual assessment, the
enterprise
may "have tax cut by paying corporate income tax at
the tax rate of 10%" according to Article 8 of Rules. |
|
|
|
Article 5 A
foreign-invested enterprise which meets the following
requirements shall be confirmed as an advanced
technology
enterprise: |
|
(1)
the technology, technique, and main equipments adopted by
the foreign-invested enterprise fall into the state-announced
investment projects to be encouraged and are characterized by
their advancement and suitability; |
|
(2)
there is a shortage of its products or its products are
newly developed and now replacing the domestic products of
the
same kind. |
|
|
|
Article 6 If
an enterprise meets the requirements to be both product
exporting |
|
enterprise
and advanced technology enterprise, it may apply for examination
and confirmation, but
shall enjoy the preferential treatments of
only one kind of the enterprises. |
|
|
|
Article 7 Product
exporting enterprises and advanced technology enterprises shall
be examined by the bureau
of economic development of the
municipal government (hereinafter referred to as "the
municipal
bureau of economic development" ) jointly with the
leading group' s office of introduction of foreign capital of
the municipal government, municipal bureau of science and
technology, municipal bureau of taxation,
Shenzhen sub-bureau of
the State Administration of Foreign Exchange and Kowloon
customs. Any foreign-invested
enterprises which meet the
requirements in Articles 3, 4, 5 of these measures may submit
the following
documents to the municipal bureau of economic
development and apply for examination and confirmation: |
|
(1)
written applications for product exporting enterprises or
advanced technology enterprises; |
|
(2)
copies of the documents of approval of establishment of
the enterprises; |
|
(3)
other documents, statistical forms needed for
confirmation and assessment. |
|
The
application for advanced technology enterprises shall be dealt
with according to Regulations
on the Administration of Contracts of Technology Introduction
and Provisional Rules of the Shenzhen Special Economic Zone on Technology
Introduction. |
|
|
|
Article 8 After
receiving the documents and materials listed in Article 7, the
municipal bureau of economic
development shall directly conduct
examination in case of application for product exporting
enterprises;
the bureau shall conduct examination jointly with
the municipal bureau of science and technology in case of
application for advanced technology enterprises. After
examination, reports shall be filed in batches
to the municipal
government for approval. |
|
|
|
Article 9 From
July 1, 1987, when examining and approving the projects of a
newly established foreign-invested
enterprise, the preliminary
examination and evaluation of its qualifications as a product
exporting
enterprise or an advanced technology enterprise may be
conducted at the same time if an application for doing so
has
been filed, if an enterprise meets the requirements of these
measures, it shall be re-examined,
evaluated every half year,
and given a confirmation certificate. |
|
|
|
Article 10 Application for Product Exporting Enterprise,
Application for Advanced
Technology Enterprise, and confirmation certificates shall
take the form drawn up unitarily by the Ministry of Foreign
Trade and Economic Cooperation. A confirmation certificate shall
be signed and sealed by the municipal bureau
of economic
development. The original certificate shall be given to the
enterprise. Its copies
shall be given respectively to the
related departments both for record and as a basis to process
various preferential treatments. At the same time, the
confirmation along with the enterprise' s written application
shall be reported to the Ministry of Foreign Trade and Economic
Cooperation and the State Economic
and Trade Commission for
record. |
|
|
|
Article 11 A
foreign-invested enterprise shall, according to the related
rules of the state, draw up its annual
export plan on its own
and regularly submit a statistical statement of real progress in
export
and statements of various economic targets, technological
targets of the enterprise for the municipal bureau of
economic
development to examine as a basis to make an assessment of
product exporting enterprises
or advanced technology
enterprises. |
|
|
|
Article 12 In
compliance with Articles 3, 4, 5 of these measures, the
municipal bureau of economic development
shall, jointly with the
related responsible departments, make an examination and
assessment of
an enterprise' s export plan, annual real
progress in export and technological targets, product quality,
degree of domestication of products, annual balance of foreign
exchange, economic performance year by
year. |
|
|
|
Article 13 Each
year the municipal bureau of economic development shall compile
a collection of name lists
of product exporting enterprises and
advanced technology enterprises which are graded as qualified in
assessment and reported to the related departments. These
enterprises shall continue to enjoy various preferential
treatments in the new year. |
|
If
an enterprise is graded as unqualified in assessment at the end
of a year, it shall pay the tax
which has been cut or exempted
from in that very year as a preferential treatment enjoyed by a
product exporting enterprise or an advanced technology
enterprise. |
|
If
a confirmed product exporting enterprise or advanced technology
enterprise has been graded as
unqualified in assessment for
three consecutive years because of its production and operation,
the municipal bureau of economic development shall, jointly with
the related responsible departments, verify the
facts and revoke
its confirmation certificate of product exporting enterprise or
advanced technology
enterprise. |
|
|
|
Article 14 The
items of the confirmation and assessment which have not been
prescribed by these measures shall
be dealt with according to
the related rules of the state and province. |
|
|
|
Article 15 The
confirmation and assessment of the foreign-invested enterprises
in Baoan District and Longgang
District which meet the
requirements for product exporting enterprises or advanced
technology enterprises
shall be conducted in the light of these
measures. |
|
|
|
Article 16 These
measures shall take effect as of the date of promulgation. |
