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Rules
of Shenzhen Special Economic Zone on
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Administration
of Civilian-run Technology Enterprises
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(Originally
adopted according to No. 10 Decree of Shenzhen Municipal
Government on June 23, 1993,
as revised according to No. 118
Decree of Shenzhen Municipal Government on July 23, 2002)
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Chapter
I General Provisions
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Article
1
In order to mobilize positivity of science and technology
personnel, accelerate the translation
of technological
achievement into commodity, and develop hi-tech industry, taking
into account
of the specific conditions of Shenzhen Special
Economic Zone (hereinafter referred to as the "Special
Zone" ),
these rules are hereby formulated in accordance with relevant
regulations of the state.
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Article
2 In
these rules, civilian-run technology enterprise shall refer to
an integrative economic entity
of researching, producing and
trading, which established by non-employed technology personnel
according
to these rules in the Special Zone according to the
principles of self-funded, incorporated voluntary, autonomy
in
business operation and self-responsibility system of profit and
loss to develop and produce
hi-tech products.
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Article
3
A civilian-run technology enterprise may adopt the following
forms of organization;
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(1)
A solely-owned enterprise or unlimited liability company. A
solely-owned enterprise herein referred
to an enterprise that
invested in by an investment subject, who bears unlimited
liability for debt
of the enterprise;
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(2)
A partnership enterprise. A partnership enterprise herein
referred to an enterprise that jointly
invested according to
partnership contract by two or more than two partners, who
jointly conduct
business and share incomes and risks. The
partners shall bear unlimited joint and several liabilities for
debts of the enterprises; and
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(3)
A limited liability company. A limited liability company herein
referred to an enterprise legal
person that invested by at least
two but no more than fifty shareholders, the shareholders are
liable to the company to the extent of the amount of their
capital contribution, while the company is liable for
the debts
of the company with all its assets.
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Article
4
After having been examined and approved by the Industrial and
Commercial Authority of Shenzhen
Municipality (hereinafter
referred to as the "Registration
Authority" )
according to law, a civilian-run technology enterprise is
established.
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Article
5
The legal rights and interest of a civilian-run technology
enterprise shall be protected by law.
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Any
civilian-run technology enterprise shall abide by laws,
regulations and rules of the Special
Zone.
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Chapter
II The Establishment of Civilian-run Technology
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enterprise and Its Affirmation and Modification
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Article
6 To
establish a civilian-run technology enterprise shall meet the
following requirements:
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(1)
The initiators of such enterprise shall be non-employed
technology personnel, include abdicated,
quit working, retired
personnel and other personnel who meet the requirements of
relevant policies;
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(2)
A certain amount of technology personnel among employees of the
enterprise;
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(3)
Any initiator or employee shall have legal paten, scientific
research achievement or know-how
technology;
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(4)
Complying with industrial policies determined by the Catalog for
Guideline of Investment of
the Special Zone;
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(5)
Having a name of its own, a fixed site for production and operations and the
necessary conditions for production and operations;
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(6)
There shall be a written agreement between the partners in the
case of establishing a partnership
enterprise, while in the case
of establishing a limited liability company, there shall be a
constitution
which complies with the Regulations of Shenzhen
Special Economic Zone on Limited Liability Company; and
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(7)
There shall be corresponding registered capital which is
suitable for the researching and developing,
producing and
operating, and scale of services as well.
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The
registered capital shall be no less than 300 thousand in the
case that a civilian-run technology
enterprise organized into a
limited liability company.
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Article
7
The establishment of a civilian-run technology enterprise shall
abide by the following procedure:
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(1)
Applying to the Registration Authority for registration of an
enterprise according to relevant
rules;
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(2)
Applying to the Taxation Authority of Shenzhen Municipality for
taxation registration; and
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(3)
Going through procedure for affirmation of civilian-run
technology enterprises with the Municipal
Technology Authority.
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Article
8
The Municipal Technology Authority shall announce the
requirements and procedure for affirmation
of civilian-run
technology enterprises to the public, and meanwhile shall make
the decision on
approval or disapproval of affirmation as a
civilian-run technology enterprise within 30 days upon the date
receiving the written application. The authority shall give
reason for those disapproved of affirmation.
If the applicant
objects to the decision, he may apply for reconsideration to the
Administrative
Reconsideration Authority of Shenzhen Municipal
Government or directly file a lawsuit to the people' s
court.
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Article
9
All kind of modifications of a civilian-run enterprise shall be
applied to the Registration Authority
for the registration of
the modifications and be recorded by the Municipal Technology
Authority.
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Chapter
III Encouragement and Support
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Article
10
After having been approved by Taxation Authority, any
civilian-run technology enterprise whose
operating period is
more than 10 years shall be exempted of business income tax in
the first year
and second year from the profit-making year,
while exempted of half of business income tax from the third
year to the fifth year.
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Article
11
Those employees of any civilian-run technology enterprise, of
which has been put into regularly
production for no less than
two years, has sound management system and has pay no less than
200
thousand tax for each year, may apply for naturalization of
permanent residence of Special Zone according to relevant
rules
of the Special Zone. The quota for naturalization shall lie on
the amount of tax paid.
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Article
12
In case that key members of business of any civilian-run
technology enterprise need to leave the
country or go abroad,
relevant procedure shall be preferential gone through according
to relevant
rules. The department or going abroad of any chief
officer shall be examined and approved with responsibility of
the Municipal Technology Authority, while in the same case of
the general technological personnel
shall be examined and
approved with responsibility of the leading official of the
enterprise.
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Article
13 The
technology personnel who have worked in any civilian-run
technology enterprise for maturity
of one year may attend the
municipal assessment of tenancy qualification of professional
and technical
posts according to the uniform requirements
formulated by the Office of Municipal Leading Group of
Professional Titles Reform. The appointment of professional and
technical posts of those personnel shall be
affirmed by the
enterprise itself.
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Article
14
Any civilian-run technology enterprise may apply to the
Municipal Technology Authority for declaration
of scientific
researching project or affirmation of hi-tech enterprise. Those
civilian-run technology
enterprises affirmed to be hi-tech
enterprises may enjoy relevant preferential policies for hi-tech
enterprises granted by the state.
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Article
15
Those civilian-run technology enterprises who have sound
management system and capacity of repayment
may apply for loans
to banks according to relevant rules.
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Article
16 The
repatriation of returned personnel are
encouraged to set up civilian-run technology enterprises in the
Special
Zone. The returned personnel who establish civilian-run
technology enterprises or work in those enterprises may
enjoy
corresponding preferential policies according to relevant of the
Special Zone on introduction
of professionals.
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Article
17
Those civilian-run technology enterprises who meet relevant
provisions of laws, regulations and
rules of the Special Zone
may be reorganized into joint-stock limited companies, while
after having
been approved, they can establish joint ventures
with foreign merchants and establish overseas branches or
network for sales.
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Chapter
IV Administration
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Article
18 The
Municipal Technology Authority shall take charge in the
affirmation of, supervision over, coordination
with and
provision of service for civilian-run technology enterprises in
the Special Zone according
to law.
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Article
19 Any
civilian-run technology enterprise may retain professional
according to need. The personal file
of the employee of the
civilian-run technology enterprise who has resigned his public
office may
be registered with the Communication and Service
Center for Persons with Ability of Shenzhen Municipality.
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Article
20 The
appointment of personnel by any civilian-run enterprise shall
abide by relevant rules of Personnel
and Labor Affairs Authority
of Shenzhen Municipality, and all-employee labor contractual
system
shall be put into practice.
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Article
21
Any civilian-run technology enterprise shall adopt social
insurance system for its employees according
to relevant rules
of the Special Zone.
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Article
22 The
Municipal Technology Authority shall implement discrimination
over newly established civilian-run
enterprises once a year.
Those enterprises which fail to meet the requirement as
stipulated by
these rules for three continuous years shall not
enjoy preferential policies for civilian-run technology
enterprises and administrated by the Municipal Technology
Authority as civilian-run technology enterprises
any more.
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Article
23 The
Registration Authority shall carry out annual inspection over
civilian-run enterprises according
to law. In the case that a
civilian-run technology enterprise applies for registration of
annual
inspection, it shall submit the certificate for having
been discriminated by the Municipal Technology Authority.
For
those civilian-run technology enterprises who meet requirements,
the Registration Authority
shall approve the registration, while
for those who fail to meet the requirements shall be canceled of
the registration.
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Article
24
Any civilian-run technology enterprise shall abide by law to
carry on its business and pay taxes.
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Article
25
Any civilian-run technology enterprise shall abide by law to set
up and perfect its accounting
system and submit accounting and
statistics report form to relevant authority on schedule.
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Article
26
The dissolution, declaration of bankruptcy and cancellation of a
civilian-run technology enterprise,
the enterprise shall be
liquidated in advance according to the law. The termination of a
civilian-run
technology enterprise shall be registered of
cancellation by the Registration Authority and announced to the
public.
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Article
27
In case that any applicant stoops to deception at the time
applying for affirmation of a civilian-run
technology
enterprise, which results in detriment to the interests of the
state, he shall be ordered
to make rectification by the
Municipal Technology Authority; in case such application has
been
approved, such affirmation shall be withdrew and informed
to relevant authorities such as Industrial and Commercial
and
Taxation, etc. for cancellation of preferential policies already
enjoyed by the enterprise,
meanwhile its illegal gains shall be
confiscation as well.
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Article
28 In
case the Municipal Technology Authority and its officials, when
engaging in affirmation of civilian-run
technology enterprises
and other relevant matters, in violation of laws, regulations
and these
rules by abusing of authority or practicing favoritism,
shall be investigated and prosecuted according to the law by the
Municipal Supervision
Authority and other relevant authorities.
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Chapter
V Supplementary Provisions
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Article
29
The Shenzhen Municipal People' s
Government shall be responsible for the interpretation of these
rules.
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Article
30
These rules shall take effect as of the date of its
promulgation.
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