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Measures
of Shenzhen Economic Special Zone on Management of Fund for Export
Adjustment on Foreign Trade
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Promulgated
by the People' s Government of Shenzhen Municipality on May 20th
1992 and emended on Jan 29th 1994.
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Article
1
These measures are formulated for the purposes of promoting
development of export-oriented economy of Shenzhen Economic
Special Zone(hereinafter referred to as the "Special
Zone" ),
building up the energies of foreign-trade enterprises of the
Special Zone and strengthening
management of the Fund for export
adjustment on foreign trade.
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Article
2 All
kinds of foreign-trade enterprises ,who carry
the export plan for foreign trade of Shenzhen Municipality,
shall turn in the overall insurance at the rate of 5 cent(RMB)
of
each dollar for actual amount of exports as the Fund for export
adjustment on foreign trade of
Shenzhen Municipality (hereinafter
referred to as the Fund) to the Bureau of Trade Development of
Shenzhen Municipality.
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Any
enterprise in the preceding clause exporting agricultural and
sideline products shall be exempted
from overall insurance.
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Article
3 The
overall insurance turned in by a enterprise shall be listed for
payout in the subject of "profit
and loss for current year" or
"profit" of the enterprise and be turned in to the municipal
Bureau
of Trade Development twice each year.
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Article
4 The
Fund shall be deposited in private account of the municipal Bureau
of Trade Development and be
earmarked
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To turn in and use of the Fund shall be under the supervision of the Bureau
of Finance of Shenzhen Municipality. The
municipal Bureau of Trade
Development shall workout the monthly Fund table and refer to the
Bureau
of Finance of Shenzhen Municipality for records each
quarter.
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Article
5 Any
enterprise listed in the article 2 of these measures may apply to
the municipal Bureau of Trade
Development for using the Fund if |
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(1)
lacking of circulating capital for directly doing ocean
trade or barter trade;
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(2)
lacking
temporarily of capital for constructing oversea network;
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lacking
of capital for developing the goods supply base for ocean trade.
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Article
6 Any
necessary expenses paid by the foreign trade competent authority
for developing ocean market may
be paid out from the Fund.
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Article
7 Any
enterprise using the Fund shall pay the charge for impropriation
of capital to the municipal Bureau
of Trade Development.
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The
Proportion of charge for impropriation of capital shall be lower
than the rate of bank loan in
the same kind and the same period.
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The
charge for impropriation of capital shall be rolling reckoned in
the Fund except for necessary management
fees taken in by the
municipal Bureau of Trade Development。
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Article
8 The
municipal Bureau of Trade Development may set up the specialized
institutions to undertaking routine
work of the Fund.
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Article
9 Any
enterprise shall refer the following materials to the municipal
Bureau of Trade Development or
its specialized institutions for
applying for using the Fund:
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(1)
the application for using the Fund;
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(2)
the
Contract on Ocean Trade or Barter Trade;
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(3)
the
materials of feasibility analysis of project and its certificate;
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(4)
the
recent management situation of the enterprise ;
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(5)
the
plans of financing and repaying.
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Article 10 Any
enterprise who is approved to using the Fund shall sign the
Contract on Using the Fund with the
municipal Bureau of Trade
Development or its specialized institutions and shall using the
funds strictly
according to the provisions of Contract.
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Article
11 if the enterprise falls into one
of the following actions, the municipal Bureau of Trade
Development
shall take back the fund, and makes the punishments to
the enterprise such as a written criticism, stops making the
planning quota or cancels its right of import and export
businesses and investigate into legal liability
of concerned
personnel according
to laws:
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(1)
to acquire fund usufruct through
cheating or other unjustified practices;
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(2)
to use
funds without authorization of the municipal Bureau of Trade
Development or in violation of
provisions of the Contract.
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Article
12
Any enterprise who is approved to use the Fund shall report
regularly in written
to the municipal Bureau of Trade Development about the
circumstances of using of funds
and receive the inspection and
supervision according to the provisions by the municipal Bureau of
Trade Development.
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Article
13
Any
enterprise dissatisfying with the decision of administrative
penalty by the municipal Bureau of
Trade Development,
shall apply to the People' s
Government of Shenzhen Municipality for reconsideration within
fifteen days upon the date receiving
the Decision .
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In
case the enterprise objects to the punishment on canceling the
power of management over import and
export businesses, it may file
a lawsuit before a people's court according to laws.
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Article 14
These
regulations shall come into force on the date of their
promulgation. |
