深圳经济特区高新技术产业园区条例 Regulations of Shenzhen Special Economic Zone on High and New Technology Industry A

(Adopted at the sixth meeting of the Standing Committee of the third Shenzhen Municipal People’s Congress on March 22, 2001)
颁布日期：20010322 　实施日期：20010501 　颁布单位：深圳市人大常委会

　　Chapter ⅠGeneral Provisions

　　Article 1 In order to promote and safeguard the sustainable development of the high and new technology industry area of Shenzhen Special Economic Zone (hereinafter referred to as “high and new area”), normalize the administration of the high and new area, and provide the perfect legal environment and services with high efficiency for enterprises in high and new area, these regulations are formulated in accordance with the basic principles of relevant laws and regulations and the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “Special Zone”).

　　Article 2 “The high and new area” referred to in these regulations means the area which is established in Shenzhen Bay by the Shenzhen Municipal People’s Government (hereinafter referred to as “the municipal government”) and other economic zone delimited by the municipal government, whose objective is to develop the high new technology industry, and which shall be approved by the competent science and technology department of the State Council.

　　The high and new area shall be unifiedly planned and administrated by the municipal government

　　Article 3 These regulations shall apply to organs and individuals in high and new area or those out of the high and new area that conduct activities involving these regulations in high and new area.

　　Article 4 The development goal of the high and new area is to be the base of science and technology achievements, as well as the cultivation and education base of innovators.

　　The high and new area mainly develops the industry of high and new technology and other industry with close intelligence.

　　Article 5 The high and new area enjoys every preferential policy that the State or Guangdong Province provides to support the high and new technology industry. Enterprises with high and new technology in high and new area may choose to apply to the policy in the preceding paragraph that is most favored to themselves.

　　Article 6 The capital invested in high and new area, incomes and other property rights as well as other lawful rights and invests of organs and individuals shall be protected according to law, and no organ or individual may occupy it with illegal means or conduct other infringements.

　　Organs and individuals may conduct the activities that laws, regulations and rules have no prohibition in explicit terms except those that harm the social public interests and violate the social morality.

　　Article 7 The intellectual property of organs and individuals in high and new area shall be protected according to law, and no organ or individual may infringe it.

　　It is encouraged that enterprises, colleges, scientific research institutions and relevant people conduct the activities of patent application, trade mark registration and copyright registration of softwares, acquire independent intellectual property and take protective measures to it.

　　Chapter Ⅱ Encouragement and Safeguard

　　Section 1 Talent Introduction

　　Article 8 The relevant administrative departments of the municipal government shall issue the “job certificate of talent” or handle the formality involving the household registration for the returned personnel or talents in the field of science, technology and administration from other provinces or cities that the high new area introduces.

　　The people with “job certificate of talent” may enjoy the same treatment as the people with the household registration in this city in the aspects such as child’s education and house purchase.

　　Article 9 If the returned personnel are employed to hold the professional and technical post in high and new area, the

y shall not be limited by the quota of the employing organ.

　　The returned personnel having acquired the professional practicing qualification abroad, if the country where he acquired the qualification has the mutual authorization agreement with China, may get the corresponding certificate of practicing qualification in this city.

　　Article 10 For the personnel of high and new enterprise in high and new area who leave the country temporarily for public affairs, the foreign affairs department shall firstly handle the long-term certificate to Hong Kong and the instruction for foreign duty that is examined and approved once but effective for many times within one year.

　　Section 2 Financial Support

　　Article 11 The garden for the returned students is established in the high and new area. The municipal government provides finances to establish the initial supporting capital for the returned personnel, and arranges the capital in the funds of science and technology to financially aid the returned personnel to carry out the high and new technology fruits and project transformation, as well as conduct the research and development of high and new technology projects.

　　Article 12 The “Shenzhen Fictitious College Garden” is established in the high and new area. The municipal government financially supports its development and provides the office facilities and favorable conditions of science research, teaching and life for each college in the garden.

　　Article 13 The municipal government encourages enterprises, colleges and science research institutions to establish the enterprise administration of technology innovation or conduct the research and development of technology innovation in the high and new area, and may financially support the innovation activities.

　　Article 14 The municipal government encourages enterprises, colleges, science research institution and other organs or individuals to establish the career-starting service agency (the incubation machine) in the high and new area that cultivates the initial small enterprise or partnership to grow up.

　　The career-starting service agency (the incubation machine) may enjoy every preferential policy that this city provides to support the high and new technology industry.

　　Article 15 The credit guaranty agency established by the municipal government shall provide the credit security that mainly includes financing security for middle and small enterprises in the high and new area.

　　Section 3 Risk Investment

　　Article 16 Every investor in or out of the country may conduct a risk investment in the high and new area. It is encouraged that the initial capital be used to establish the risk investment organ in the high and new area.

　　Article 17 The risk investment organ may be established in the form of limited partnership.

　　The partners of limited partnerships shall consist of limited partners and general partnership. If the investor is a limited partner, he shall bear limited liability with no more than his subscribed capital; If the investor is a general partner, he shall bear unlimited liability.

　　The partners of limited partnerships shall conclude a written contract. The partner shall agree on the proportion of the subscribed capital, distribution relationship, competence of operation and management as well as other relationship of rights and obligations in the contract.

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

　　Article 18 The risk investment organ, whose investment amount to the high and new technology enterprise has reached some proportion of its total investment amount, may enjoy the preferential policy that the municipal government provides to support the high and new technology industry. The concrete proportion shall be prescribed by the municipal government.

　　Article 19 The municipal government encourages the risk investment organ to invest in the enterprise or project with high content of science and technology and development prospect, which is in the initial stage.

　　Article 20 The risk investment organ may retract the risk investment by merger and acquisitions of enterprises, purchasing back of stock right, listing securities in the securities market or other ways.

　　Article 21 Enterprises in high and new area are encouraged to conduct investment, financing, operation, research and development, as well as interchange and cooperation of international economy, technology and talents out of the country.

　　Section 4 Programme and Construction

　　Article 22 The municipal govetnment shall make a programme for the construction and development of high and new area as well as its industry belt according to the whole programme of Shenzhen City and the development demands as well as the actual circumstance of high and new area.

　　The land area of public facilities to be used in high and new area shall reach more than 30 percent of total area of high and new area. The green land area shall reach more than 10 percent of total area of high and new area.

　　The land of enterprises or projects to be used in high and new area shall accord with the provisions in Article 33 of these regulations.

　　Article 23 The outside environment in high and new area shall be planned and carried out by the administrative department in high and new area.

　　The administrative department in high and new area shall conduct an initial examination for enterprises’ outside advertisements and marks in high and new area. After being approved, the enterprises shall handle the formalities according to relevant provisions of th

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