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Interim
Rules of Shenzhen Special Economic Zone on Private Enterprise
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Article
1 In order to create equal competing environment, promote and lead
the development of private
enterprise, improve the socialist
market economic system in Shenzhen Special Economic Zone, these
Rules
are stipulated on the basis of combinations of state' s
relevant laws and regulations and the reality of the zone. |
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2 The private enterprise in these Rules refers to the
profit-seeking economic organization whose
assets belong to
personnel and which has over employees. |
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3 The enterprise' s assets and legal earnings belong to the
investors of the private enterprise,
enjoying the protection from
national laws and with no interference of any units or personnel. |
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4 The private enterprise have the right of independent business
operation, with no illegal interference
of any department. |
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5 The private enterprise can engage in any business except the
industries, trades, commodities
or programs prohibited by the
state' s laws and regulations and the proclaimed in writing of
the zone'
s industrial policy. |
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The
zone industries limited to develop and other industries,
commodities and programs which need to
be examined and approved by
the relevant departments in charge of the municipal government
shall be
reported and approved before being practised by the
private enterprises. |
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6 The enterprises will be encouraged to develop trades of
export-oriented, hi-tech products
and offering agricultural
service and be allowed to participate in the civil basic
facilities investments
of emerges, traffics and the like.
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7 The individual who is qualified to the stipulated conditions
outside and inside the zone will
be encouraged to invest in
establishing civilian-run science and technology enterprise in the
zone.
At least one of the investors should have dwelling place in
the zone if they are not going to establish science and
technology
enterprise. |
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8 Any applicant of establishing private enterprise can apply to
the governmental body of industry
and commerce administration for
practice registration except the businesses of the industries,
commodities
and programs stipulated in the rules and regulations
to be examined and approved by the relevant departments in charge
of the municipal government. The one who is qualified to the
practicing conditions will be approved
to register by the
governmental body of the industry and commerce administration
within 15 days dating
from the applying day. The unqualified one
will be informed in written form with reasons explained. |
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9 Any private enterprise can cooperate with foreign merchants to
establish enterprises of joint
venture and joint operation, and it
can invest outside the zone or establish enterprises inside the
zone with approval of the relevant department in charge of the
municipal government. |
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10 Any private enterprise can invest in shares of state-owned,
collective and other enterprises,
or participate in the joint
management, also can annex or purchase other enterprises in
accordance
with state' s relevant rules. |
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11 Any private enterprise is encouraged to operate in scale. The
enterprise group can be organized
and established by the private
enterprise which is qualified in accordance with the Interim Rules
of
Enterprise Group of Shenzhen Economic Special Zone. Any private
enterprise is allowed to be promoter and organize
and establish
the stock limited corporation. |
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12 Any private enterprise or personnel with state' s prescribed
qualifications apply for investments
of private school,
kindergarten, hospital and other public welfare undertakings. The
municipal relevant
departments in charge shall participate in the
trades of foreign currency and apply to the commercial
organizations for credits in accordance with the rules. |
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13 Any private enterprise can apply to the bank for the Renminbi
or foreign currency accounts
in accordance with its needs and
participate in the trades of foreign currency according to
state'
s relevant rules and apply to the commercial organizations
for credits. |
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14 With the approvals of the Municipal Departments of Labor and
Personnel Administration, any
private enterprise can invite public
applications for jobs in and out of Special Zone according to its
needs and handle procedures according to the rules. The
registrations of the employees' temporary stay will be
handled
in accordance with the planned and present indexes of the
municipal departments of Labor and
Personnel Administration by the
private enterprises. |
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15 The private enterprises can apply for registered permanent
residence of Shenzhen for the
sake of their employees in
accordance of the relevant rules of the Domiciliary System of
Shenzhen Municipality. |
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The
Municipal Talent Service Center takes charge in the unified
reporting to higher authorities for
examination and approval of
the relevant personnel' s relocation and transference and the
management
of the administrative relations, organizational
relations and the personnel dossier. |
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16 The qualification assessment of the professional techniques of
the private enterprises'
employees shall be reported to the
Municipal Assessment Committee of Professional Title or shall join
the unified test of the National Qualification of Professional
Techniques. The employment of the relative professional
techniques
will be confirmed by the private enterprises themselves. |
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17 Employees who need to go abroad on business can apply to the
municipal police department
for the transactions of relative
procedures after the examination of the Association of the Private
Enterprises or the Municipal Chamber of Commerce. |
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18 No units is allowed to place arbitrary collection of fees,
fines or apportionment on the
private enterprises. To legally
charge the private enterprises should be on the premise of
approvals
from the municipal finance and price administrative
department in charge and the use of the unified receipts printed
by the administrative department for the municipal finance. The
private enterprises can refuse the
apportionment and the charges
and fines which are against rules, and appeal to the departments
in charge
of municipal finance and price administration. |
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19 The private enterprises shall abide by the laws and regulations
and shall not smuggle and
evade tax or utilize all kinds of
illegal means to engage in unjust competitions. The enterprises
which
are engaging in law-abiding trades, taxation pursuant to
law, civilized trades and contributing greatly to the economic
development of the zone will be honored and awarded by the
municipal government and relevant departments.
The enterprises
which are engaging in the illegal trades and harming the rights
and interests of the
consumers will be legally investigated and
prosecuted by the relevant departments. |
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20 The Private Enterprise Association is the social community
established on the basis of laws.
It should promote the
communications between government and private enterprises,
standardize and restrict
actions of the private enterprises,
harmonize the relationships among private enterprises and the
relationships
between private enterprises and all social circles,
vindicate the legal rights and interests of the private
enterprises and lead the healthy development of the private
enterprises. |
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21 This provision will be performed from the issuing date.
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The Inconsistence between this provision and the past
provision will submit to this provision. |
