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深圳经济特区福田保税区条例(修正) Shenzhen Special Economic Zone, Futian Bonded Zone Regulations (Revised)

2009-03-24 法律英语 来源:互联网 作者:

(Promulgated by the Standing Committee of the Shenzhen City People's Congress on 7 June 1996, revised according to the Amending the Decision on 20 June 2003. Decision effective as of date of promulgation.)

颁布日期:20030620  实施日期:20030620  颁布单位:深圳市人大常委会

  PART ONE GENERAL PROVISIONS

  Article 1 These Regulations are formulated in accordance with the basic principles of the relevant national laws and administrative regulations and on the basis of the actual situation in the Special Economic Zone, in order to strengthen the outward-looking development of the economy of Futian Bonded Zone in Shenzhen Special Economic Zone (SEZ), further to create a good investment environment and to safeguard investors' lawful interests.

  Article 2 Futian Bonded Zone (the bonded zone) is a special economic district, the establishment of which is approved by the State Council.

  The bonded zone is situated in the Futian district of Shenzhen SEZ and is bounded by Huanggang port to the east, the eastern bank of the Xinzhou River to the west, the northern bank of the Shenzhen River to the south and Fuqiang Road to the north. It implements a totally closed administration.

  The boundaries of the bonded zone's living district (the living district) are drawn by the city government.

  Article 3 The bonded zone shall principally develop international trade, storage industry and advanced high science and technology industry and shall correspondingly develop tertiary industry such as finance, commercial trade services, transport, communications and information.

  The bonded zone may in accordance with the law establish social intermediary services in order to provide services to enterprises within the bonded zone.

  Article 4 Legal persons, other economic organizations and individuals within the bonded zone must abide by the laws and regulations of the People's Republic of China.

  The lawful rights and interests of investors in the bonded zone shall be protected in accordance with the law.

  PART TWO ADMINISTRATIVE ORGANIZATIONS AND THEIR DUTIES

  Article 5 The Shenzhen City Bonded Zone Administration Bureau (the administration bureau) is an organization of the city government and represents the city government in administering all administrative affairs of the bonded zone.

  Article 6 The administration bureau shall exercise the following powers:

  1. To formulate development and construction plans and industrial policy for the bonded zone and to organize and implement these upon approval by the city government;

  2. To formulate specific administrative procedures for the bonded zone in accordance with these Regulations and to promulgate and implement these upon approval by the city government;

  3. Under the guidance of the city planning State land administration department to be responsible for land planning and development of infrastructure and public utilities for the bonded zone and the living district, and to handle the procedures for grant and transfer of leaseholds (land use rights);

  4. To be responsible for the administration of public utilities such as water and electricity supply for the bonded zone and the living district;

  5. Under the guidance of the city construction administration department to administer construction projects, except for specialized projects, within the bonded zone and the living district;

  6. To promulgate investment guidelines and to assist the city trade and industry administration department in registering enterprises and in other administrative matters;

  7. To be responsible for labour and personnel administration for the bonded zone, to draw up an annual plan for the bonded zone for recruitment and employment of personnel and workers in accordance with the requirements and, upon approval from the city personnel and labo

ur administration departments, to deal with recruitment approval and employment matters in accordance with the plan;

  8. To be responsible for administration of State-owned assets within the bonded zone;

  9. Under the guidance of the city environmental protection administration department to be responsible for environmental protection work within the bonded zone and the living district;

  10. To deal with the approval procedure for Chinese personnel within the bonded zone to leave the country on business for short periods and to go to Hong Kong, Macao or overseas for training;

  11. To co-ordinate the development of work within the bonded zone of administration organizations involved in such aspects as Customs, border defence investigations, taxation, foreign exchange, public security, health quarantine, plant quarantine, product inspection etc; and

  12. Other powers granted by the city government.

  Article 7 The administration bureau shall be responsible to and report to the city government. The city government may change or annul inappropriate decisions made by the administration bureau.

  Article 8 The principal decisions of the administration bureau made while exercising its powers under these Regulations shall be put on file with the city government and the relevant administrative departments.

  Article 9 With the approval of the departments in charge within the city government, the administration bureau may establish certain working organizations in accordance with the principle of simple and efficient.

  The working organizations of the administration bureau are responsible to the administration bureau and shall receive work guidance from the relevant administrative departments of the city government.

  Article 10 The organizations established by the Customs and border defence investigation authorities within the bonded zone shall exercise their powers in accordance with the law.

  Article 11 The offices of the health quarantine, plant quarantine and product inspection authorities established within the bonded zone with the agreement of the administration bureau shall carry out inspections in accordance with the law in areas outside border crossings.

  PART THREE ESTABLISHMENT AND ADMINISTRATION OF ENTERPRISES

  Article 12 The city government shall encourage investors to set up advanced high science and technology enterprises within the bonded zone which shall enjoy the relevant preferential treatment.

  Article 13 Investors may upon approval establish trade enterprises within the bonded zone and engage in commercial trade.

  Article 14 Investors may upon approval establish storage enterprises within the bonded zone and carry out bonded storage.

  Article 15 Domestic and foreign information organizations may establish branch organizations or offices within the bonded zone and engage in consultancy.

  Article 16 Upon approval from the departments in charge of finance, domestic and foreign financial and insurance organizations may establish business organizations or offices within the bonded zone and engage in financial and insurance business and liaison and consultancy services.

  Article 17 Investors may within the bonded zone establish tertiary industrial enterprises permitted by national laws and regulation such as transport and communications.

  Article 18 The establishment by investors of enterprises or representative organizations within the bonded zone shall be carried out in accordance with the following procedure:

  1. Investors shall submit applications which shall be approved for registration in accordance with the law by the trade and industry administration department in line with the guidelines issued by the administration bureau.

  2. The establishment of enterprises engaged in specially designated industries shall be registered in accor

dance with the law at the trade and industry administration department once approved by the administration bureau.

  3. Once investors have obtained an operating licence they shall file, register and open an account with administrative organizations such as Customs, the tax authorities and the foreign exchange authorities.

  Article 19 The trade and industry administration department must decide whether or not to permit registration within twenty days of the date of receipt of an investor's application to establish an enterprise.

  If an application requires the approval of the administration bureau, the administration bureau must decide whether to approve it within ten days of receipt of the investor's application.

  Article 20 Bonded zone enterprises must set up a sound financial accounting system and submit annual accounts to the administration bureau. Special account books must be set up for tax-exempt and bonded goods. The Customs and tax administrative authorities can audit and inspect the above-mentioned accounts.

  Article 21 If bonded zone enterprises change their name, address, legal representative or scope of business, or merge, split, transfer share rights or close down, they must change or cancel their registration at the authority with which they were originally registered.

  Article 22 It is forbidden to establish within the bonded zone enterprises which pollute the environment, which are very wasteful of energy or water, or which are labour-intensive.

  PART FOUR LAND DEVELOPMENT AND REAL PROPERTY ADMINISTRATION

  Article 23 Land within the bonded zone is State-owned and adopts a fixed-term lease for compensation system. The length of lease for land use for different purposes shall be enforced according to the

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