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

e municipal government.

　　Article 24 The municipal government shall carry out the assigning system of the right to the use of state –owned land and the leasing system of stated-owned land for the high and new technology enterprise or project in high and new area, and shall conduct a transition from the assigning system to the leasing system. The concrete measures to be implemented shall be prescribed by the municipal government separately.

　　Article 25 The administrative department in high and new area shall provide low-profit factory building for middle and small enterprises in high and new area.

　　Article 26 The administrative department in high and new area shall conduct an initial examination for enterprises or projects that apply for the right to the use of land in high and new area. The administrative department in high and new area shall issue the initial examining opinion about the location and area of use of the land for enterprises or projects’ application within 10 working days, and shall report it to the leading department in high and new area for approval.

　　The applicant shall apply to the administrative department of State-owned land planning of the municipal government for the use of land with the initial opinion, which is issued by the administrative department in high and new area and approved by the leading department in high and new area.

　　The administrative department of State-owned land planning of the municipal government shall conduct an examination and approval over the application and finish the assigning contract of the right to the use of land within 15 working days, and shall tell the conditions of registration of real estate to the administrative department in high and new area in writing within 7 working days upon finishing the formalities.

　　If the right to the use of State-owned land is assigned through an agreement, the assigning money of the right to the use of land may be reduced or exempted according to law.

　　Article 27 If the user of the land invests no more than 25 percent of total investment amount to the building one year later fro

m the date upon concluding the contract, the administrative department of State-owned land planning of the municipal government shall rescind the assigning conduct, turn the original amount of money of the land, and deal with the building and its attachment on the land according to law.

　　Article 28 If the user of the land doesn’t complete the project according to the prescribed date in the contract and exceeds the time limit for one year, the administrate department of State-owned land planning of the municipal government shall rescind the assigning conduct, turn the original amount of money of the land, and deal with the building and its attachment on the land according to law.

　　Article 29 It is prohibited to transfer the land and the building on it which is assigned through an agreement and whose assigning money of the right to use is reduced or exempted.

　　If it is necessary to transfer the land for the conditions of bankruptcy, cleaning or moving out of the high and new area voluntarily or compulsorily, the transferring price of the land shall not be high than the price of original assigning contract, and the transferring price of the building shall not be higher than depreciation price.

　　The assignee that transfers the land or building according to the second paragraph in this article shall accord with the qualification of entering the area prescribed in the first paragraph of Article 33 of these regulations.

　　Article 30 If enterprises acquire the right to the use of the land through non-agreements ways (such as auction or bidding), the real estate may be transferred and leased. But the assignee and the leasee shall accord with the qualification of entering the area prescribed in the first paragraph of Article 33 of these regulations.

　　Article 31 The municipal government shall provide a complete sets of low-rent housing for the high an new technology enterprise in high an new area.

　　The administrative department in high and new area shall raise the demands of structure proportion and function of the housing to the relevant administrative departments according to the need of enterprise.

　　Article 32 The distribution application of a complete sets of housing shall be submitted by enterprises. After the administrative department of high and new area has examined and approved the application, the owner of title shall sign the leasing contract with the enterprise that applies for houses.

　　The complete sets of housing in high and new area shall be leased to the high and new technology enterprises or projects in the high and new area, and shall not be sold or subleased.

　　Chapter Ⅲ Entering and Moving Out

　　Article 33 Enterprises or projects entering high and new area, which need to apply for the land or factory houses in high and mew area, shall accord with the development programme of industry in high and new area, have corresponding capital security and have one of the following conditions:

　　(1) being the high and new technology enterprise or project determined by the administrative department of science and technology of the municipal government;

　　(2) being the famous high and new technology enterprise inland or abroad;

　　(3) being the enterprise or agency that provide a complete sets of service for the high and new technology enterprise in high and new area.

　　The organ or individual having not been prescribed in the preceding paragraph of this article, which or who applies to enter high and new area, shall conduct the research and development, production and operation as well as technological services of products within the list range of products with high and new technology.

　　Article 34 Enterprises or projects, which apply to enter high and new area, shall submit the following materials to the administrative department in high and new area:

　　(1) the application that enterprises

or projects enter high and new area;

　　(2) the feasibility report of enterprises;

　　(3) the original and copy of the business license of enterprises or the notification of pre-approval of enterprises’ name;

　　(4) the relevant decisions, constitution and contracts made by the board of directors or the shareholders’ meeting of enterprises.

　　Enterprise or projects, which need to apply to high and new area for the land or factory houses, shall submit the corresponding certification documents prescribed in the first paragraph of Article 33 of these regulations except the materials prescribed in the preceding paragraph of this article.

　　Article 35 The registered capital of high and new technology enterprise in high and new area may be paid by installments according to the investors’ agreements.

　　Article 36 If the high and new technology enterprise in high and new area invests with the evaluated high and new technology achievements, the investment proportion may be agreed on by all investors. But if it invests with the State-owned assets, the investment proportion shall accord with the provisions about State-owned assets administration of the State.

　　Article 37 The administrative department in high and new area shall make a decision of allowing, not allowing or deferring entering the area within 5 working days upon the date of accepting the application.

　　For the applicant that is not allowed or deferred to enter the area, the administrative department of industry and commerce of the municipal government shall not accept his registration application for entering the high and new area.

　　Article 38 The high and new technology enterprise in high and new area may carry out a system under which the stock option, technology management and other intellectual resources participate in the distribution of income.

　　Article 39 The enterprise, which needs to prolong the operation period with the expiration of the operation period, shall apply to the administrative department in high and new area for an examination of qualification for entering the area again within 60 days before the expiring date of operation period.

　　Article 40 The administrative department, which participates in the joint examination for determining a project invested by the foreign merchant having entered the area, may exercise the veto power with one vote.

　　Section 2 Moving Out

　　Article 41 If enterprises or projects have one of the following conditions, they shall move out of the high and new area:

　　(1) The qualification of enterprise or project is canceled by the administrative department of science and technology of the municipal government;

　　(2) The enterprise, whose operation period expired, fails to pass the reexamination conducted by the administrative department in high and new area or apply for the qualification for entering the area again beyond the time limit;

　　(3) The enterprise or project has been established in high and new area, but doesn’t accord with the provisions in Article 33 of these regulations.

　　Article 42 Procedures moving out of high and new area are:

　　(1) The enterprise, which has the conditions in paragraph (1) or (2) of Article 41 of these regulations, may apply to the administrative department in high and new area for a deferment to move out, and the longest delay period is 2 years. If the enterprise accords with the conditions within the delay period, it may resume the qualification for entering the area. If the enterprise doesn’t apply to move out with a deferment or fails to acquire t

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