Regulations
of Shenzhen Special Economic Zone on High and New
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Technology
Industry Area
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(Adopted
at the sixth meeting of the Standing Committee of the third
Shenzhen Municipal People'
s Congress on March 22, 2001) |
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Chapter
¢ñGeneral
Provisions
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Article
1
In order to promote and safeguard the sustainable development of
the high and new technology industry
area of Shenzhen Special
Economic Zone (hereinafter referred to as "high and new
area" ), normalize
the administration of the high and new area,
and provide the perfect legal environment and services with high
efficiency for enterprises in high and new area, these
regulations are formulated in accordance with
the basic
principles of relevant laws and regulations and the actual
circumstances of Shenzhen
Special Economic Zone (hereinafter
referred to as "Special Zone" ). |
Article
2 "The high and new area"
referred to in these regulations means the area which is
established
in Shenzhen Bay by the Shenzhen Municipal People' s
Government (hereinafter referred to as "the municipal
government" ) and other economic zone delimited by the
municipal government, whose objective is to develop
the high new
technology industry, and which shall be approved by the
competent science and technology
department of the State
Council. |
The
high and new area shall be unifiedly planned and administrated
by the municipal government |
Article
3 These regulations shall apply to
organs and individuals in high and new area or those out of the
high and new area that conduct activities involving these
regulations in high and new area. |
Article
4 The development goal of the high
and new area is to be the base of science and technology
achievements,
as well as the cultivation and education base of
innovators. |
The
high and new area mainly develops the industry of high and new
technology and other industry
with close intelligence. |
Article
5 The high and new area enjoys
every preferential policy that the State or Guangdong Province
provides
to support the high and new technology industry.
Enterprises with high and new technology in high and new area
may choose to apply to the policy in the preceding paragraph
that is most favored to themselves. |
Article
6 The capital invested in high and
new area, incomes and other property rights as well as other
lawful
rights and invests of organs and individuals shall be
protected according to law, and no organ or individual may
occupy it with illegal means or conduct other infringements. |
Organs
and individuals may conduct the activities that laws,
regulations and rules have no prohibition
in explicit terms
except those that harm the social public interests and violate
the social morality. |
Article
7 The intellectual property of
organs and individuals in high and new area shall be protected
according
to law, and no organ or individual may infringe it. |
It
is encouraged that enterprises, colleges, scientific research
institutions and relevant people
conduct the activities of
patent application, trade mark registration and copyright
registration
of softwares, acquire independent intellectual
property and take protective measures to it. |
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Chapter
¢ò
Encouragement
and Safeguard
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Section
1 Talent Introduction
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Article
8
The relevant administrative departments of the municipal
government shall issue the "job certificate
of talent" or
handle the formality involving the household registration for
the returned personnel
or talents in the field of science,
technology and administration from other provinces or cities
that the high new area introduces. |
The
people with "job certificate of talent" may enjoy the same
treatment as the people with the
household registration in this
city in the aspects such as child' s education and house
purchase. |
Article
9 If the returned personnel are
employed to hold the professional and technical post in high and
new area, they shall not be limited by the quota of the
employing organ. |
The
returned personnel having acquired the professional practicing
qualification abroad, if the
country where he acquired the
qualification has the mutual authorization agreement with China,
may get the corresponding certificate of practicing
qualification in this city. |
Article
10 For the personnel of high and
new enterprise in high and new area who leave the country
temporarily
for public affairs, the foreign affairs department
shall firstly handle the long-term certificate to Hong Kong and
the instruction for foreign duty that is examined and approved
once but effective for many times
within one year. |
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Section
2 Financial Support
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Article
11
The garden for the returned students is established in the high
and new area. The municipal government
provides finances to
establish the initial supporting capital for the returned
personnel, and arranges
the capital in the funds of science and
technology to financially aid the returned personnel to carry
out the high and new technology fruits and project
transformation, as well as conduct the research and development
of high and new technology projects. |
Article
12 The "Shenzhen Fictitious
College Garden" is established in the high and new area. The
municipal
government financially supports its development and
provides the office facilities and favorable conditions of
science research, teaching and life for each college in the
garden. |
Article
13 The municipal government
encourages enterprises, colleges and science research
institutions to
establish the enterprise administration of
technology innovation or conduct the research and development of
technology innovation in the high and new area, and may
financially support the innovation activities. |
Article
14 The municipal government
encourages enterprises, colleges, science research institution
and other
organs or individuals to establish the career-starting
service agency (the incubation machine) in the high and new
area
that cultivates the initial small enterprise or partnership to
grow up. |
The
career-starting service agency (the incubation machine) may
enjoy every preferential policy
that this city provides to
support the high and new technology industry. |
Article
15 The credit guaranty agency established by the municipal
government shall provide the
credit security that mainly
includes financing security for middle and small enterprises in
the
high and new area. |
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Section
3 Risk Investment
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Article
16
Every investor in or out of the country may conduct a risk
investment in the high and new area.
It is encouraged that the
initial capital be used to establish the risk investment organ
in the
high and new area. |
Article
17 The risk investment organ may
be established in the form of limited partnership. |
The
partners of limited partnerships shall consist of limited
partners and general partnership.
If the investor is a limited
partner, he shall bear limited liability with no more than his
subscribed
capital; If the investor is a general partner, he
shall bear unlimited liability. |
The
partners of limited partnerships shall conclude a written
contract. The partner shall agree
on the proportion of the
subscribed capital, distribution relationship, competence of
operation
and management as well as other relationship of rights
and obligations in the contract. |
The
administrative measures of registration of limited partnership
shall be prescribed by the municipal
government separately. |
Article
18 The risk investment organ,
whose investment amount to the high and new technology
enterprise has
reached some proportion of its total investment
amount, may enjoy the preferential policy that the municipal
government provides to support the high and new technology
industry. The concrete proportion shall
be prescribed by the
municipal government. |
Article
19 The municipal government
encourages the risk investment organ to invest in the enterprise
or project
with high content of science and technology and
development prospect, which is in the initial stage. |
Article
20 The risk investment organ may
retract the risk investment by merger and acquisitions of
enterprises,
purchasing back of stock right, listing securities
in the securities market or other ways. |
Article
21 Enterprises in high and new
area are encouraged to conduct investment, financing, operation,
research
and development, as well as interchange and cooperation
of international economy, technology and talents out of
the
country. |
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Section
4 Programme and Construction
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Article
22
The municipal govetnment shall make a programme for the
construction and development of high and
new area as well as its
industry belt according to the whole programme of Shenzhen City
and the
development demands as well as the actual circumstance
of high and new area. |
The
land area of public facilities to be used in high and new area
shall reach more than 30 percent
of total area of high and new
area. The green land area shall reach more than 10 percent of
total
area of high and new area. |
The
land of enterprises or projects to be used in high and new area
shall accord with the provisions
in Article 33 of these
regulations. |
Article
23 The outside environment in high
and new area shall be planned and carried out by the
administrative
department in high and new area. |
The
administrative department in high and new area shall conduct an
initial examination for enterprises'
outside advertisements
and marks in high and new area. After being approved, the
enterprises shall
handle the formalities according to relevant
provisions of the municipal government. |
Article
24 The municipal government shall
carry out the assigning system of the right to the use of state
¨Cowned land and the leasing system of stated-owned land for
the high and new technology enterprise or project in
high and
new area, and shall conduct a transition from the assigning
system to the leasing system.
The concrete measures to be
implemented shall be prescribed by the municipal government
separately. |
Article
25 The administrative department
in high and new area shall provide low-profit factory building
for
middle and small enterprises in high and new area. |
Article
26 The administrative department
in high and new area shall conduct an initial examination for
enterprises
or projects that apply for the right to the use of
land in high and new area. The administrative department in high
and new area shall issue the initial examining opinion about the
location and area of use of the
land for enterprises or
projects' application within 10 working days, and shall report
it to the
leading department in high and new area for approval. |
The
applicant shall apply to the administrative department of
State-owned land planning of the municipal
government for the
use of land with the initial opinion, which is issued by the
administrative
department in high and new area and approved by
the leading department in high and new area. |
The
administrative department of State-owned land planning of the
municipal government shall conduct
an examination and approval
over the application and finish the assigning contract of the
right
to the use of land within 15 working days, and shall tell
the conditions of registration of real estate to the
administrative department in high and new area in writing within
7 working days upon finishing the
formalities. |
If
the right to the use of State-owned land is assigned through an
agreement, the assigning money
of the right to the use of land
may be reduced or exempted according to law. |
Article
27 If the user of the land invests
no more than 25 percent of total investment amount to the
building
one year later from the date upon concluding the
contract, the administrative department of State-owned land
planning of the municipal government shall rescind the assigning
conduct, turn the original amount
of money of the land, and deal
with the building and its attachment on the land according to
law. |
Article
28 If the user of the land
doesn' t complete the project according to the prescribed date
in the contract
and exceeds the time limit for one year, the
administrate department of State-owned land planning of the
municipal government shall rescind the assigning conduct, turn
the original amount of money of the land,
and deal with the
building and its attachment on the land according to law. |
Article
29 It is prohibited to transfer
the land and the building on it which is assigned through an
agreement
and whose assigning money of the right to use is
reduced or exempted. |
If
it is necessary to transfer the land for the conditions of
bankruptcy, cleaning or moving out
of the high and new area
voluntarily or compulsorily, the transferring price of the land
shall
not be high than the price of original assigning contract,
and the transferring price of the building shall not
be higher
than depreciation price. |
The
assignee that transfers the land or building according to the
second paragraph in this article
shall accord with the
qualification of entering the area prescribed in the first
paragraph of Article
33 of these regulations. |
Article
30 If enterprises acquire the
right to the use of the land through non-agreements ways (such
as auction
or bidding), the real estate may be transferred and
leased. But the assignee and the leasee shall accord with the
qualification of entering the area prescribed in the first
paragraph of Article 33 of these regulations. |
Article
31
The municipal government shall provide a complete sets of
low-rent housing for the high an new
technology enterprise in
high an new area. |
The
administrative department in high and new area shall raise the
demands of structure proportion
and function of the housing to
the relevant administrative departments according to the need of
enterprise. |
Article
32 The distribution application of
a complete sets of housing shall be submitted by enterprises.
After
the administrative department of high and new area has
examined and approved the application, the owner of title
shall
sign the leasing contract with the enterprise that applies for
houses. |
The
complete sets of housing in high and new area shall be leased to
the high and new technology
enterprises or projects in the high
and new area, and shall not be sold or subleased. |
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Chapter
¢ó
Entering and Moving Out
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Article
33
Enterprises or projects entering high and new area, which need
to apply for the land or factory
houses in high and mew area,
shall accord with the development programme of industry in high
and
new area, have corresponding capital security and have one
of the following conditions: |
(1)
being the high and new technology enterprise or project
determined by the administrative department
of science and
technology of the municipal government; |
(2)
being the famous high and new technology enterprise inland or
abroad; |
(3)
being the enterprise or agency that provide a complete sets of
service for the high and new
technology enterprise in high and
new area. |
The
organ or individual having not been prescribed in the preceding
paragraph of this article, which
or who applies to enter high
and new area, shall conduct the research and development,
production
and operation as well as technological services of
products within the list range of products with high and new
technology. |
Article
34 Enterprises or projects, which
apply to enter high and new area, shall submit the following
materials
to the administrative department in high and new area: |
(1)
the application that enterprises or projects enter high and new
area; |
(2)
the feasibility report of enterprises; |
(3)
the original and copy of the business license of enterprises or
the notification of pre-approval
of enterprises' name; |
(4)
the relevant decisions, constitution and contracts made by the
board of directors or the shareholders'
meeting of
enterprises. |
Enterprise
or projects, which need to apply to high and new area for the
land or factory houses,
shall submit the corresponding
certification documents prescribed in the first paragraph of
Article
33 of these regulations except the materials prescribed
in the preceding paragraph of this article. |
Article
35 The registered capital of high
and new technology enterprise in high and new area may be paid
by
installments according to the investors' agreements. |
Article
36 If the high and new technology
enterprise in high and new area invests with the evaluated high
and new technology achievements, the investment proportion may
be agreed on by all investors. But if it invests
with the
State-owned assets, the investment proportion shall accord with
the provisions about State-owned
assets administration of the
State. |
Article
37 The administrative department
in high and new area shall make a decision of allowing, not
allowing
or deferring entering the area within 5 working days
upon the date of accepting the application. |
For
the applicant that is not allowed or deferred to enter the area,
the administrative department
of industry and commerce of the
municipal government shall not accept his registration
application
for entering the high and new area. |
Article
38 The high and new technology
enterprise in high and new area may carry out a system under
which
the stock option, technology management and other
intellectual resources participate in the distribution of
income. |
Article
39 The enterprise, which needs to
prolong the operation period with the expiration of the
operation
period, shall apply to the administrative department
in high and new area for an examination of qualification for
entering the area again within 60 days before the expiring date
of operation period. |
Article
40 The administrative department,
which participates in the joint examination for determining a
project
invested by the foreign merchant having entered the
area, may exercise the veto power with one vote. |
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Section
2 Moving Out
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Article
41
If enterprises or projects have one of the following conditions,
they shall move out of the high
and new area: |
(1)
The qualification of enterprise or project is canceled by the
administrative department of science
and technology of the
municipal government; |
(2)
The enterprise, whose operation period expired, fails to pass
the reexamination conducted by
the administrative department in
high and new area or apply for the qualification for entering
the area again beyond the time limit; |
(3)
The enterprise or project has been established in high and new
area, but doesn' t accord with
the provisions in Article 33 of
these regulations. |
Article
42 Procedures moving out of high
and new area are: |
(1)
The enterprise, which has the conditions in paragraph (1) or (2)
of Article 41 of these regulations,
may apply to the
administrative department in high and new area for a deferment
to move out, and
the longest delay period is 2 years. If the
enterprise accords with the conditions within the delay period,
it may resume the qualification for entering the area. If the
enterprise doesn' t apply to move out
with a deferment or fails
to acquire the qualification for entering the area again with
the expiration
of deferment period, it shall move out of high
and new area within 3 months from the date when the
administrative department in high and new area serves the notice
of moving out. |
(2)
For the enterprise that is established in high and new area but
fails to accord with the provision
in Article 33 of these
regulations, the administrative department in high and new area
shall issue
the notice of rectification, and the rectification
time limit is 3 years, If the enterprise fails to accord with
the qualification for entering the area with the expiration of
rectification time limit, it shall
move out of the high and new
area within 3 months from the date when the rectification time
limit
expires. |
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Chapter
¢ô
Administrative System and Norms of Conduct for Government
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Section
1 Administrative System
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Article
43
The municipal government establishes the leading department and
administrative department in high
and new area, which
administrates relevant affairs in high and new area. |
Article
44 The leading department in high
and new area consists of the persons mainly liable in the
municipal
government and those in charge of relevant
administrative departments in the municipal government, whose
powers and duties are: |
(1)
liable to enact the strategy, guideline and policy of
development for the construction of high
and new area; |
(2)
examining the development programme and annual capital plan of
high and new area; |
(3)
examining the use of land of enterprises or projects in high and
new area; |
(4)
harmonizing and resolving great problems in the development,
construction and administration
of high and new area. |
Article
45 The administrative department
in high and new area is the working body of the leading
department
in high and new department and the agency of the
municipal government, whose powers and duties are: |
(1)
organizing to enact the general and industry programme of high
and are; participating in enacting
the subarea programme of high
and new area, the lower-level city planning, the programme of
information
construction and the special programme of
environmental protection. |
(2)
liable to examine and approve enterprises or projects having
entered high and new area; |
(3)
liable to conduct an initial examination over the use of land
(including the location and area
of land) in high and new area; |
(4)
liable to manage and use the capital that the municipal
government interests to high and new
area through the
administrative department in high and new area; |
(5)
liable to examine and approve the distribution of a complete
sets of housing that the municipal
government provides for high
and new area; |
(6)
liable for relevant statistics work of high and new area; |
(7)
liable to conduct an initial examination over the installation
of advertisement and representations
outdoors of high and new
area; |
(8)
other affairs entrusted by the municipal government. |
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Section
2 Norms for Governmental Conducts
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Article
46
The administrative department in high and new area and the
relevant administrative department of
the municipal government
shall provide convenient services with high quality and
efficiency for
high and new technology enterprises in high and
new area, and shall establish a principle that the affairs of
high and new technology enterprises in high and new area shall
be handled with a priority. |
The
relevant administrative department of the municipal government
may establish windows for doing
office work in high and new
area, and the administrative department in high and new area
shall
create conditions for it. |
Article
47 The administrative department
in high and new area and relevant administrative departments of
the
municipal government shall administer according to law, make
public relevant government affairs, service promises
and
information of high and new area. |
Article
48 The relevant administrative
departments of the municipal government shall simplify the
procedures
of administrative examination and approval. The
conditions, standards, time limit and procedures of relevant
administrative examination and approval shall be opened. |
Article
49 The administrative department
of industry and commence, tax as well as labor may remit the
examination
over affairs (such as annual examination) of high
and new technology enterprises in high and new area according
to
enterprises' credit. |
Article
50 The municipal government
carries out the hearing system for the great decision of high
and new
area. For the great decision affairs about the reform
and development of high and new area involving the interests
of
organizations and individuals in high and new area, the decision
department shall hold a hearing. |
For
the rules formulated by the municipal government and the
regulatory documents formulated by
relevant administrative
departments, if the affairs of administrative examination and
approval,
administrative penalty as well as compulsory measure
involve organizations and individuals in high and new area,
the
formulator shall hold a hearing. |
Article
51 The administrative department
in high and new area and relevant administrative departments of
the
municipal government shall provide convenience for the
complete sets of services of risk investment, finance, telecom,
post, transportation, electricity supply, water supply,
equipment lease and intermediary that enterprises
in high and
new area bring in. |
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Chapter
¢õ
Legal Liability
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Article
52
If these regulations are violated, the administrative department
in high and new area shall put
forward a proposal of
administrative penalty to relevant administrative departments of
the municipal
government; The municipal government shall adopt
the proposal unless it has proper reasons. |
Article
53 If enterprises or individuals
in high and new area alter the use of land in high and new area
illegally
or transfer and lease the real estate in high and new
area illegally, the administrative department of State-owned
land planning of the municipal department shall penalize them
according to relevant provisions
of regulations, such as
"Regulations of Shenzhen Special Economic Zone on Assigning
the Right
to the Use of Land" . |
Article
54 If enterprises or individuals
violate provisions of Article 42 of these regulations and refuse
to move out of high and new area, the administrative department
in high and new area may apply to the people' s
court for
compulsory execution. |
Article
55 If relevant administrative
departments or their working personnel have one of the following
conditions,
the administrative department at higher levels hall
order them to make corrections; If the circumstances are
serious, the administrative supervisory department or the
administrative department at higher levels
shall impose
administrative responsibility on the people directly or mainly
liable; If a crime
is constituted, he shall be prosecuted for
criminal responsibility: |
(1)
Enterprises' lawful rights and interests, which shall be
protected according to relevant laws
and regulations, are
infringed upon because relevant administrative departments and
their working
personnel fails to perform their duties according
to law; |
(2)
The rights that enterprises shall enjoy according to provisions
of these regulations fails to
be enjoyed because relevant
administrative departments and their working personnel don' t
handle
affairs according to law. |
Article
56 If the administrative
department in high and new area, relevant administrative
departments of the
municipal government and their working
personnel have one of the following conditions, relevant
departments shall impose administrative responsibility on the
people directly and mainly liable according to law;
If the
circumstances are serious and a crime is constituted, the people
in charge shall be prosecuted
for criminal responsibility: |
(1)
infringing upon the lawful rights and interests of enterprises
and individuals in high and new
area; |
(2)
abusing powers or exceeding legal powers to examine and approve
the qualification for entering
the area, the right to the use of
land, the matching housing and advertisements as well as
representations
outdoors of high and new area; |
(3)
taking advantage of his position and power to practise
favoritism for illegal interests. |
Article
57 If the parties are dissatisfied
with the specific administrative acts of the administrative
department
in high and new area and relevant administrative
departments of the municipal government, they may apply for
reconsideration or file an administrative lawsuit at the
people' s court according to law. |
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Chapter
¢ö
Supplementary Provision
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Article
58
The municipal government shall formulate the matching
implementing rules in accordance with these
regulations. |
Article
59 If the regulations in Special
Zone promulgated before these regulations are carried out go
against
relevant provisions of these regulations, provisions of
these regulation shall be more effective. |
Article
60 These regulations shall take
effect as of May 1, 2001, and "Administrative Measures of
Shenzhen
Special Economic Zone on High and New Technology
Industry Area" promulgated by the municipal government on
August 26, 1998 shall be repealed at the same time. |
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