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

he qualification for entering the area again with the expiration of deferment period, it shall move out of high and new area within 3 months from the date when the administrative department in high and new area serves the notice of moving out.

　　(2) For the enterprise that is established in high and n

ew area but fails to accord with the provision in Article 33 of these regulations, the administrative department in high and new area shall issue the notice of rectification, and the rectification time limit is 3 years, If the enterprise fails to accord with the qualification for entering the area with the expiration of rectification time limit, it shall move out of the high and new area within 3 months from the date when the rectification time limit expires.

　　Chapter Ⅳ Administrative System and Norms of Conduct for Government

　　Section 1 Administrative System

　　Article 43 The municipal government establishes the leading department and administrative department in high and new area, which administrates relevant affairs in high and new area.

　　Article 44 The leading department in high and new area consists of the persons mainly liable in the municipal government and those in charge of relevant administrative departments in the municipal government, whose powers and duties are:

　　(1) liable to enact the strategy, guideline and policy of development for the construction of high and new area;

　　(2) examining the development programme and annual capital plan of high and new area;

　　(3) examining the use of land of enterprises or projects in high and new area;

　　(4) harmonizing and resolving great problems in the development, construction and administration of high and new area.

　　Article 45 The administrative department in high and new area is the working body of the leading department in high and new department and the agency of the municipal government, whose powers and duties are:

　　(1) organizing to enact the general and industry programme of high and are; participating in enacting the subarea programme of high and new area, the lower-level city planning, the programme of information construction and the special programme of environmental protection.

　　(2) liable to examine and approve enterprises or projects having entered high and new area;

　　(3) liable to conduct an initial examination over the use of land (including the location and area of land) in high and new area;

　　(4) liable to manage and use the capital that the municipal government interests to high and new area through the administrative department in high and new area;

　　(5) liable to examine and approve the distribution of a complete sets of housing that the municipal government provides for high and new area;

　　(6) liable for relevant statistics work of high and new area;

　　(7) liable to conduct an initial examination over the installation of advertisement and representations outdoors of high and new area;

　　(8) other affairs entrusted by the municipal government.

　　Section 2 Norms for Governmental Conducts

　　Article 46 The administrative department in high and new area and the relevant administrative department of the municipal government shall provide convenient services with high quality and efficiency for high and new technology enterprises in high and new area, and shall establish a principle that the affairs of high and new technology enterprises in high and new area shall be handled with a priority.

　　The relevant administrative department of the municipal government may establish windows for doing office work in high and new area, and the administrative department in high and new area shall create conditions for it.

　　Article 47 The administrative department in high and new area and relevant administrative departments of the municipal government shall administer according to law, make public relevant government affairs, service promises and information of high and new area.

　　Article 48 The relevant administrative departments of the municipal government shall simplify the procedures of administrative examination and approval. The conditions, standards, time limit and procedures of

relevant administrative examination and approval shall be opened.

　　Article 49 The administrative department of industry and commence, tax as well as labor may remit the examination over affairs (such as annual examination) of high and new technology enterprises in high and new area according to enterprises’ credit.

　　Article 50 The municipal government carries out the hearing system for the great decision of high and new area. For the great decision affairs about the reform and development of high and new area involving the interests of organizations and individuals in high and new area, the decision department shall hold a hearing.

　　For the rules formulated by the municipal government and the regulatory documents formulated by relevant administrative departments, if the affairs of administrative examination and approval, administrative penalty as well as compulsory measure involve organizations and individuals in high and new area, the formulator shall hold a hearing.

　　Article 51 The administrative department in high and new area and relevant administrative departments of the municipal government shall provide convenience for the complete sets of services of risk investment, finance, telecom, post, transportation, electricity supply, water supply, equipment lease and intermediary that enterprises in high and new area bring in.

　　Chapter Ⅴ Legal Liability

　　Article 52 If these regulations are violated, the administrative department in high and new area shall put forward a proposal of administrative penalty to relevant administrative departments of the municipal government; The municipal government shall adopt the proposal unless it has proper reasons.

　　Article 53 If enterprises or individuals in high and new area alter the use of land in high and new area illegally or transfer and lease the real estate in high and new area illegally, the administrative department of State-owned land planning of the municipal department shall penalize them according to relevant provisions of regulations, such as “Regulations of Shenzhen Special Economic Zone on Assigning the Right to the Use of Land”.

　　Article 54 If enterprises or individuals violate provisions of Article 42 of these regulations and refuse to move out of high and new area, the administrative department in high and new area may apply to the people’s court for compulsory execution.

　　Article 55 If relevant administrative departments or their working personnel have one of the following conditions, the administrative department at higher levels hall order them to make corrections; If the circumstances are serious, the administrative supervisory department or the administrative department at higher levels shall impose administrative responsibility on the people directly or mainly liable; If a crime is constituted, he shall be prosecuted for criminal responsibility:

　　(1) Enterprises’ lawful rights and interests, which shall be protected according to relevant laws and regulations, are infringed upon because relevant administrative departments and their working personnel fails to perform their duties according to law;

　　(2) The rights that enterprises shall enjoy according to provisions of these regulations fails to be enjoyed because relevant administrative departments and their working personnel don’t handle affairs according to law.

　　Article 56 If the administrative department in high and new area, relevant administrative departments of the municipal government and their working personnel have one of the following conditions, relevant departments shall impose administrative responsibility on the people directly and mainly liable according to law; If the circumstances are serious and a crime is constituted, the people in charge shall be prosecuted for criminal responsibility:

　　(1) infringing upon the lawful rights and interests of enterprises and individuals in high and ne

w area;

　　(2) abusing powers or exceeding legal powers to examine and approve the qualification for entering the area, the right to the use of land, the matching housing and advertisements as well as representations outdoors of high and new area;

　　(3) taking advantage of his position and power to practise favoritism for illegal interests.

　　Article 57 If the parties are dissatisfied with the specific administrative acts of the administrative department in high and new area and relevant administrative departments of the municipal government, they may apply for reconsideration or file an administrative lawsuit at the people’s court according to law.

　　Chapter Ⅵ Supplementary Provision

　　Article 58 The municipal government shall formulate the matching implementing rules in accordance with these regulations.

　　Article 59 If the regulations in Special Zone promulgated before these regulations are carried out go against relevant provisions of these regulations, provisions of these regulation shall be more effective.

　　Article 60 These regulations shall take effect as of May 1, 2001, and “Administrative Measures of Shenzhen Special Economic Zone on High and New Technology Industry Area” promulgated by the municipal government on August 26, 1998 shall be repealed at the same time

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