Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on Hi-tech Industrial Park

(Adopted at the 6th Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on March 22, 2001;Revised at the 8th Meeting of the Standing Committee of the Fourth Shenzhen Municipal People' s Congress on September 26, 2006)

Chapter ¢ñ  General Provisions

Article 1 In order to promote and safeguard the sustainable development of the Hi-tech industrial Park of Shenzhen Special Economic Zone (hereinafter referred to as "the Hi-tech Park" ), standardize the administration of the Hi-tech Park, and provide good legal environments and good efficient services for enterprises in the Hi-tech Park, these regulations are formulated in accordance with the basic principles of relevant laws and regulations, in combination with the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as " the special zone" ).

Article 2 The "Hi-tech Park" referred to in these regulations means the park established on the Shenzhen Bay by the Shenzhen Municipal People' s Government (hereinafter referred to as "the municipal government" ) and other economic zones delimited by the municipal government with the aim of developing the hi-tech industry under approval of the competent department of science and technology of the State Council.

The Hi-tech Park shall be planned and administrated by the municipal government uniformly.

Article 3 These regulations shall apply to the organs and individuals within the Hi-tech Park, and related activities committed in the Hi-tech Park by organs and individuals outside the Hi-tech Park.

Article 4 As development goal, the Hi-tech Park shall become the bases of hi-tech industry gaining high profits, the birth and circulation bases of scientific achievements, and the education bases of creative talents.

The development of hi-tech and other intelligence-intensive industries shall be emphasized in the Hi-tech Park.

Article 5 The preferential policies made by the State, Guangdong Province and Shenzhen Municipality to support the hi-tech industry shall be applied in Hi-tech Park.

The hi-tech enterprises in the Hi-tech Park may select to enjoy the most favorable policies from those mentioned in the preceding paragraph.

Article 6 The property rights of organs and individuals in the Hi-tech Park, such as investments, profits and other legal rights, shall be protected by law. No organ or individual may illegally possess the properties or infringe upon the property rights.

Every organ and individual may commit the activities that no law, regulations or rules expressively prohibit, except those harming social public interests or violating social morality.

Article 7 The intellectual property rights of organs and individuals in the Hi-tech Park shall be protected by law. No organ or individual may infringe upon those rights.

Enterprises, colleges, scientific research institutions and relevant people in the Hi-tech Park are encouraged to engage in patent application, trade mark registration and software copyright registration to acquire independent intellectual property rights, and take measures to protect those rights.

Chapter ¢ò Encouragement and Safeguard

Section 1 Talent Importation

Article 8 Relevant administrative departments of the municipal government shall issue the employee certificate as a talented person or conduct household registration for returned Chinese students from abroad, and the science or management talents from other inland provinces or cities, who are imported in the Hi-tech Park.

Anyone, who holds the employee certificate as a talented person, may enjoy the same treatments as the registered permanent resident in Shenzhen, when he purchases a house or gets his child educated compulsorily.

Article 9 The employment quota for unit shall not be applicable to a returned Chinese student from abroad to take up a technical post in the Hi-tech Park.

If a returned Chinese student from abroad has been granted a practicing certificate in a foreign country which has a mutual recognition agreement with our country, he may apply for a practicing certificate of the same kind in Shenzhen.

Article 10  In case that an employee of a hi-tech enterprise or public institution in the Hi-tech Park needs to go abroad on business temporarily, the foreign affairs department shall give him priority in issuing the long-term passport of visiting Hongkong, or granting upon one application the permission of visiting a foreign country with no limit of times within one year.

Section 2  Financial Support

Article 11 The municipal government shall provide more financial support to improve the innovation systems in the Hi-tech Park by inputting more funds from the municipal financial fund of science and technology and other special fund.

A Hi-tech Venture Park for returned Chinese students from abroad shall be established in the Hi-tech Park. The municipal government shall establish a fund for supporting returned Chinese students from abroad to start business, and allocate capital from the municipal financial fund of science and technology to aid returned Chinese students from abroad in putting their hi-tech achievements into effect, translating their projects and engaging in the research or development of hi-tech projects.

A Shenzhen Virtual University Park shall be established in the Hi-tech Park. The municipal government shall allocate capital to support the Park' s development, and shall provide office equipments, and preferential conditions of scientific research, teaching and living for each university in the park.

Article 12 Enterprises, colleges, universities, and scientific research institutions are encouraged by the municipal government to establish enterprises or organizations to carry out scientific innovation, or engage in the research and development of technology innovation in the Hi-tech Park. The municipal government may give financial supports to the innovation activities.

Article 13 Enterprises, colleges, universities, scientific research institutions, other organs and individuals are encouraged by the municipal government to establish hi-tech venture service agencies (incubator) in the Hi-tech Park to help just started small-sized enterprises and partnerships in growth.

The hi-tech venture service agencies (incubator) may enjoy the preferential policies of this Municipality for supporting hi-tech industry.

Article 14 The credit guaranty agencies established by the municipal government shall mainly provide financing credit guaranty for middle and small-sized enterprises in Hi-tech Park.

Section 3 Venture Investment

Article 15 All domestic and foreign investors may engage in venture investment in the Hi-tech Park.

 Domestic and foreign investors are encouraged to establish venture investment organizations with venture capital in the Hi-tech Park.

Article 16  A venture investment organization may be established in the form of limited partnership.

The partners of a limited partnership shall consist of limited partners and general partners. The investor as a limited partner shall bear limited liabilities with his invested capital. The capital manager as a general partner shall bear unlimited liabilities.

The partners of a limited partnership shall conclude a written contract, in which they shall make agreements on the proportion of every partner' s subscribed capital, the profits division arrangement, the operation and management powers and other jural relations.

The administrative measures on limited partnership registration shall be prescribed by the municipal government separately.

Article 17  A venture investment organization may enjoy the preferential policies made by the municipal government to support hi-tech industry, if its capital invested in hi-tech enterprises in the Hi-tech Park amounts to a certain portion of the total invested capital. The portion mentioned above shall be determined by the municipal government. 

Article 18 Venture investment organizations are encouraged by the municipal government to invest in the just started enterprises or projects with hi-tech background and development prospect.

Article 19 The venture investment organizations may retract their invested capital by acquiring enterprises, buying stock rights back, listing securities in the securities market or by other means.

Article 20 The enterprises in the Hi-tech Park are encouraged to carry out investment, financing, business operation, academic research and development in foreign countries, and engage in international exchange and cooperation of economy, technology and talents.

Section 4 Planning and Construction

Article 21 The municipal government shall map out a plan on the use of land in construction and development of the Hi-tech Park and hi-tech industry belt according to the overall city planning of Shenzhen Municipality in combination with the development demands and actual circumstances of the Hi-tech Park.

The area of the land for public facilities in the Hi-tech Park shall amount to no less than 30 percent of the total area of the Hi-tech Park. The area of green land shall amount to no less than 10 percent of the total area of the Hi-tech Park.

Any enterprise or project which needs to use land in the Hi-tech Park shall accord with the provisions of Article 36 of these regulations.

Article 22 The planning of outdoor environment of the Hi-tech Park shall be made and carried out by the administrative organ of the Hi-tech Park.

If an enterprise wants to set up an outdoor advertisement or sign in the Hi-tech Park, it shall apply to the administrative organ of the Hi-tech Park for preliminary examination, and shall go through the relevant formalities stipulated by the municipal government after passing the preliminary examination.

Article 23 The municipal government shall implement the state-owned land use right transferring system and the stated-owned land leasing system for land use demand of Hi-tech enterprises or projects in the Hi-tech Park, and shall gradually implement the stated-owned land leasing system instead of the state-owned land use right transferring system. The concrete implementation measures shall be prescribed by the municipal government separately.

Article 24 The administrative organization of the Hi-tech Park shall provide factory buildings to middle and small-sized hi-tech enterprises in the Hi-tech Park at a low-profit price.

Article 25 The administrative organization of the Hi-tech Park shall carry out preliminary examination to the land use application of an enterprise or project in the Hi-tech Park. The administrative organization of the Hi-tech Park shall issue its preliminary examination opinion on the location and area of the land applied by an enterprise or project, and shall submit its opinion to the decision-making body of the Hi-tech Park for approval.

The applicant shall apply to the administrative departments of planning and land of the municipal government for land use with the preliminary examination opinion which is made by the administrative organization of the Hi-tech Park and approved by the decision-making body of the Hi-tech Park.

If the state-owned land-use right is transferred by agreement, the amount of money paid for the transferred land-use right may be reduced or exempted according to law.

Article 26 If a land user has not completed 25 percent of total investment in a construction within one year since the land-use right transferring contract is concluded, the administrative department of land of the municipal government shall rescind the contract, return the sum of money paid for the land-use right of unperformed time as agreed in the contract, and take back the buildings and their attachments without payment.

Article 27 If a land user has not completed the construction project within one year after the completion date prescribed in the land-use right transferring contract, the administrate department of land of the municipal government shall rescind the contract, return the sum of money paid for the land-use right of unperformed time as agreed in the contract.   The compensatory money paid by the administrative department of land for taking back the buildings and their attachments shall not be more than the cost minus depreciation.

Article 28 It is prohibited to transfer any land or building in the Hi-tech Park which is transferred by agreement.

If an enterprise moves out of the Hi-tech Park voluntarily, or has to moves out of the Hi-tech Park compulsorily because of bankruptcy or liquidation, the administrative department of land of the municipal government shall take back the land-use right of the enterprise in the Hi-tech Park. The sum of money paid for taking back the land-use right shall not be more than the sum of money paid for the land-use right of unperformed time as agreed in the contract. The compensatory money paid for taking back the buildings shall not be more than the cost minus depreciation. The concrete implementation measures shall be enacted separately by the administrative organization of the Hi-tech Park jointly with the administrative department of land of the municipal government.

Article 29 If an enterprise acquires the land-use right or real estate by non-agreement means, such as by auction or bidding, the land-use right or real estate may be transferred or leased. The transferee and the leaseholder shall accord with the provisions on qualification of Article 36 of these Regulations. The administrative organization of the Hi-tech Park shall determine on whether or not the transferee or leaseholder is qualified.

Article 30 If the share holding right of an enterprise which has acquired the land-use right or building in the Hi-tech Park is changed, the administrative department of commerce and industry shall inform the administrative organization of the Hi-tech Park in writing within 5 working days. If an enterprise' s project is changed, it shall inform the administrative organization of the Hi-tech Park within 5 working days from the changing date. The administrative organization of the Hi-tech Park shall re-determine the enterprise' s qualification of entering the park according to the provisions of Article 36 of these Regulations.

Article 31 It is prohibited in the Hi-tech Park to change the character of the industrial land, change the functions of buildings, and change the real estate of non-commercial character into commercial character.

Article 32 Anyone, who has acquired the land-use right or building in the Hi-tech Park by agreement, and takes out a mortgage on it, may apply for registering the mortgage on real estate after the administrative department of land of the municipal government approves. The land mortgage value shall not be higher than the land value of the unperformed time as agreed in the original transferring contract. The mortgage value of building shall not be higher than the cost minus depreciation. In case that the real estate needs to be disposed to realize the mortgage right, the disposal shall be carried out according the provisions of Article 28 of these Regulations.

Article 33 If the land-use right is acquired by agreement or leasing, the vacant part of the building on the land in the Hi-tech Park may be adjusted for other one to use with the approval of the administrative organization of the Hi-tech Park, but the adjusted part whereof shall not be larger than 50 percent of the building' s usable floor space. The administrative organization of the Hi-tech Park shall make a decision on which enterprise or project may use the house by adjustment according to the provisions of Article 36 of these Regulations.

The charging standard of using the house by adjustment shall be established by the administrative organization of the Hi-tech Park jointly with relevant administrative departments according to nonprofit principle.

The adjustment measures shall be drew up separately by the administrative organization of the Hi-tech Park jointly with relevant administrative departments.

Article 34 The relevant administrative department of the municipal government shall provide living houses with low-rent for the hi-tech enterprises in the Hi-tech Park.

The administrative organization of the Hi-tech Park shall put forward suggestions to relevant administrative department on the functions and types of the living houses according to the enterprises' demands. 

Article 35 Every enterprise may submit an application for getting living houses to the administrative organization of the Hi-tech Park for examination. The leasing contract shall be concluded by the owner of the house property right and the enterprise upon the approval of the administrative organization of the Hi-tech Park.

The living houses in the Hi-tech Park shall be leased to the hi-tech enterprises or projects in the Hi-tech Park and shall not be sold or subleased.

Chapter ¢ó Entering and Moving Out

Section 1 Entering

Article 36 Any enterprise or project entering the Hi-tech Park, which needs to apply for land or factory premises in the Hi-tech Park, shall accord with the industry development planning of the Hi-tech Park, have plenty capital as security and satisfy any one of the following requirements:

(1) Being a hi-tech enterprise or project ascertained by the administrative department of science and technology of the municipal government;

(2) Being a famous domestic or foreign hi-tech enterprise;

(3) Being an enterprise or agency that provides supporting services for hi-tech enterprises in the Hi-tech Park.

If an organ or individual unmentioned in the preceding paragraph applies to enter the Hi-tech Park, it shall engage in the research, development, production, operation, or technological services of the products listed in the Hi-tech products catalog of this municipality.

Article 37 The following materials shall be submitted to the administrative organization of the Hi-tech Park, if an enterprise or project applies to enter the Hi-tech Park:

(1) The application letter of entering the Hi-tech Park;

(2) The project' s feasibility report;

(3) The original document and copy of the business license of the enterprise, or the pre-approval notification of the enterprise' s name;

(4) The relevant decisions, constitution and contracts made by the enterprise' s board of directors or shareholders' conference.

 Any enterprise or project, which applies for using the land or factory premises in the Hi-tech Park, shall submit the certification documents prescribed in the first paragraph of Article 33 of these regulations besides the materials prescribed in the preceding paragraph.

Article 38 The registered capital of a hi-tech enterprise in the Hi-tech Park may be invested by the subscribers by stages according to the provisions of laws and administrative regulations.

Article 39 If a subscriber uses his hi-tech achievements as investment, his investment proportion may be determined by all subscribers through consultation according to the provisions of laws and administrative regulations. Any investment of state-owned assets shall accord with the administrative provisions on state-owned assets of the State.

Article 40 The administrative organization of the Hi-tech Park shall make a decision of approval, disapproval or deferment on an application for entering the Hi-tech Park within 5 working days upon accepting the application.

If an applicant has not been approved or has been deferred to enter the Hi-tech Park, the administrative department of industry and commerce of the municipal government shall not accept his registration application for entering the Hi-tech Park.

Article 41 Any hi-tech enterprise in the Hi-tech Park may carry out a system under which the stock option, technology management and other intellectual resources participate in the distribution of income.

Article 42 Any enterprise, which needs to prolong its operation period over the expiration date, shall apply to the administrative organization of the Hi-tech Park for re-examining its qualification of entering the Hi-tech Park within 60 days before the expiration date.

Section 2 Moving Out

Article 43 An enterprise or project shall move out of the Hi-tech Park under any one of the following circumstances:

(1) Its qualification of being a hi-tech enterprise or project is canceled by the administrative department of science and technology of the municipal government;

(2) Its operation period is expired, and it has not passed the reexamination on its qualification of entering the Hi-tech Park conducted by the administrative organization of the Hi-tech Park, or has not applied for the qualification reexamination within the time limit;

(3) It does not accord with the provisions of Article 36 of these regulations, though it has been established in the Hi-tech Park;

(4)It has changed the original applied project without being examined and approved by the administrative organization of the Hi-tech Park, and in violation of the industry planning of the Hi-tech Park.

Article 44   Procedures of moving out of the Hi-tech Park:

(1) The enterprise under the condition stipulated in the Paragraph (1) or (2) of Article 43 of these Regulations may apply to the administrative organization of the Hi-tech Park for deferment of moving out of the Hi-tech Park. The deferment period shall not be longer than 2 years. If the enterprise satisfies the requirements of entering the Hi-tech Park within the deferment period, it may be resumed its qualification of entering the Hi-tech Park. If the enterprise has not applied for deferment of moving out of the Hi-tech Park, or fails to satisfy the requirements of entering the Hi-tech Park within the deferment period, it shall move out of the Hi-tech Park within 3 months upon that the administrative organization of the Hi-tech Park serves the notice of moving out of the Hi-tech Park.

(2) If an enterprise having been established in the Hi-tech Park fails to accord with the provisions of Article 36 of these Regulations, the administrative organization of the Hi-tech Park shall issue a notice of rectification with a time limit of 3 years. If the enterprise fails to satisfy the requirements of entering the Hi-tech Park within the rectification time limit, it shall move out of the Hi-tech Park within 3 months from the expiration date.

Chapter ¢ô Administration System and Standards for Governmental Actions

Section 1 Administration System

Article 45 The municipal government shall establish a decision making body and an administrative organization of the Hi-tech Park to administrate relevant affairs in the Hi-tech Park.

Article 46 The decision making body of the Hi-tech Park shall consist of the persons in charge of the municipal government and relevant administrative departments of the municipal government, and shall fulfill the following duties:

(1) Laying down the development strategies, guidelines and policies for the construction of the Hi-tech Park;

(2) Examining the development planning and annual capital plan of the Hi-tech Park;

(3) Examining the land use of enterprises or projects in the Hi-tech Park;

(4)  Solving by coordination the big problems in the development, construction and administration of the Hi-tech Park.

Article 47 The administrative organization of the Hi-tech Park shall be the working body of the decision making body of the Hi-tech Park and the agency of the municipal government and shall fulfill the following duties:

(1) Organizing the making of the overall and industry development planning of the Hi-tech Park; participating in the making of the urban sub-area planning and lower planning whereof, the construction planning of information structure and the special planning of environment protection of the Hi-tech Park;

(2) Examining enterprises' and projects' on their qualification of entering the Hi-tech Park;

(3) Taking charge of the preliminary examination on the application for land use (including examining the land location and area) in the Hi-tech Park;

(4) Managing and using the fund put into the Hi-tech Park by the municipal government via the administrative organization;

(5) Examining the distribution of the living houses provided by the municipal government for the Hi-tech Park;

(6) Taking charge of relevant statistics work of the Hi-tech Park;

(7) Taking charge of the preliminary examination on the establishment of outdoor advertisement and signs of the Hi-tech Park;

(8) Other affairs entrusted by the municipal government.

Section 2 Standards for Governmental Actions

Article 48 The administrative organization of the Hi-tech Park and the relevant administrative department of the municipal government shall provide services with high quality, high efficiency, high speed and convenience for the hi-tech enterprises in the Hi-tech Park, and shall establish priority principle of serving hi-tech enterprises.

The relevant administrative departments of the municipal government may send service to the Hi-tech Park, and the administrative organization of the Hi-tech Park shall provide conveniences therefore.

Article 49 The administrative organization of the Hi-tech Park and relevant administrative departments of the municipal government shall carry out administration according to law, make public the information of relevant government affairs, the service promises and other information of the Hi-tech Park.

Article 50 The relevant administrative departments of the municipal government shall simplify the procedures of administrative examination and approval. The conditions, standards, time limits and procedures of relevant administrative examination and approval shall be publicized.

Article 51 The administrative departments of tax and labor of the municipal government may exempt the annual inspection over items relating the hi-tech enterprises in the Hi-tech Park according to their credit.

Article 52 The municipal government shall carry out a hearing of important decision making concerning the Hi-tech Park. A hearing shall be held, if an important decision is to be made concerning the reforming and development of the Hi-tech Park, or involving the interests of any organization and individual in the Hi-tech Park.

The municipal government or relevant administrative department shall hold a hearing, when it drafts rules or normative documents relating any organization or individual of the Hi-tech Park, such as the administrative examination and approval, administrative penalty and compulsory measures wherein.

Article 53 The municipal government shall provide support and safeguard for the improvement of the comprehensive service facilities in the Hi-tech Park.

The administrative organization of the Hi-tech Park and relevant administrative departments of the municipal government shall provide conveniences for enterprises of the Hi-tech Park to get venture investments, and services of financing, telecom, post, transportation, electricity supply, water supply, equipment leasing and intermediary.

Chapter ¢õ Legal Responsibilities

Article 54 The administrative organization of the Hi-tech Park shall suggest relevant administrative department of the municipal government to give administrative penalty to any violation against these regulations. Relevant administrative department of the municipal government shall adopt the suggestion, unless it has another proper reason.

Article 55 Any enterprise or individual of the Hi-tech Park, that illegally changes the use of land, or illegally transfer or lease the real estate in the Hi-tech Park, shall be penalized according to the provisions of the Regulations of Shenzhen Special Economic Zone on Transferring Land Use Right and other related regulations.

Article 56 If an enterprise or individual refuses to move out of the Hi-tech Park in violation of the provisions of Article 44 of these Regulations, the administrative organization of the Hi-tech Park may apply to the people' s court for compulsory execution.

Article 57 Under any one of the following circumstances, the relevant administrative department or its working personnel shall be ordered to make correction by their superior administrative departments; if the circumstance is serious, the administrative supervisory department or the superior administrative department shall impose administrative penalty on the person directly liable or mainly liable; if a crime thereof is constituted, the person directly liable shall be investigated for criminal responsibility:

(1) Relevant department or its working personnel fails to fulfill duties and causes damage to an enterprise' s lawful rights and interests which shall be protected according to relevant laws and regulations;

(2)  An enterprise is deprived of any right granted by these Regulations, because relevant administrative department or its working personnel has not given service according to law.

Article 58 If the administrative organization of the Hi-tech Park, relevant administrative department of the municipal government, or its working personnel commits any one of the following activities, administrative sanction shall be given to the person directly liable or the person in charge according to law; if the circumstance is serious and a crime thereof is constituted, the person liable shall be investigated for criminal responsibility:

(1) Infringing upon the lawful rights and interests of an enterprise or individual in the Hi-tech Park;

(2) Abusing powers, or making examination or granting approval beyond powers on the qualification of entering the Hi-tech Park, the land-use right, the distribution of living houses, the outdoor advertisements and signs in the Hi-tech Park;

(3) Playing irregularities for favoritism by taking advantage of powers, or seeking profits illegally.

Article 59 Anyone, who is not satisfied with the concrete administrative action committed by the administrative organization of the Hi-tech Park or relevant administrative department of the municipal government, may apply for administrative review or file an administrative lawsuit at the people' s court according to law.

Chapter ¢ö Supplementary Provisions

Article 60 The municipal government shall make corresponding implementation rules for these Regulations.

Article 61 The provisions of these regulations shall prevail, if other regulations of the special zone promulgated before these regulations provide otherwise.

Article 62 The municipal government or relevant department shall make concrete implementing measures or rules required by these Regulations within 6 months upon the implementation date of the revision decision of these Regulations.