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国家高新技术产业开发区若干政策的暂行规定

分类: 法律英语 
 

国发[1991]12号
(Approved by the State Council on March 6, 1991 Promulgated by the State Science Commission in March, 1991)
颁布日期:19910306  实施日期:19910306  颁布单位:国务院

Article 1 These Provisions are formulated to further supporttheconstruction of high and new technology industry development zones in our country,and to push forward the developmentofhighandnewtechnologyindustry.

Article 2 These Provisions shall apply to high and newtechnologyenterprises in the national high and new technology industry development zones,which havebeendesignatedpursuanttoConditionsandMeasures on the Designation of High and New Technology Enterprises inNationalHighand New Technology IndustryDevelopmentZonesmadebytheStateScience Commission.

Article 3 These Provisions include various preferential policiesexceptthose of taxation.

Article 4 Preferential treatment on customs duties concerningtheimportand export of goods shall be handled as follows:

(1) Import of raw materials and spare parts andcomponentsbyhigh and new technology enterprises established in the high and newtechnology industry development zones for the manufacturing of export productsshall be exempted from import license requirement, and the Customsshallclear the goods upon presentation of export contract andapprovaldocumentof the high and new technology industry development zone.

(2) When approved by the Customs, high and new technology enterprises may set up bonded warehouse orbondedfactoriesinthehighandnew technology industry development zones.TheCustomsshall,pursuantto relevant provisions on processing with imported materials,exemptimport duty and product tax and value added tax for the import stage based on the actual manufactured and exported volume.

(3) Export products manufacturedbythehighandnewtechnology enterprises shall be exempted from export duty except forthoseproducts whose export are restricted by the State or regulated by other provisions.

(4) If the goods underbondsaretobesolddomestically,then approval from the original examination and approval authority and customs' permission must be obtained and duties shall be paid according to the law. Forthoseproductsthatfallintothequotaand import license administration by the State, the application for approval of importshall be submitted and approved and import license shall be applied for.

(5)Forinstrumentsandequipmentthatcannotbe produced domestically and are needed by the high and new technology enterprises for the development ofhighandnewtechnologies,importdutyshallbe exempted by the Customs upon presentation of the approval documents of the examinationandapprovaldocumentsoftheexaminationandapproval authority which are examined and verified by the Customs.

When the Customs deem necessary, it may setupofficesorstation supervision and administrationgroupinthehighandnewtechnology development zones to administer the import and export of goods.

Article 5 Provisions concerning import and export business.

(1) When approved by MOFERT, technology import andexportcompanies may be established in the high andnewtechnologyindustrydevelopment zones so as to promote he high andnewtechnologyindustrydevelopment zones so as to promote the high and new technology products to enterinto international market.

(2) Pursuant to relevant provisions of the State, those high andnew technology enterprises that have a good record ofconductingimportand export business shall be granted rights to engage in foreigntrade.When necessitated by business operation and approvedbyrelevantdepartment, high and new technology enterprises may set up branchesandsubsidiaries abroad.

Article 6 Provisions on funding and credits.

(1) The banks shall provideactivesupporttothehighandnew technology enterprise, and shall endeavor to arrange funds needed in their development, production and construction.

(2) The banks may arrangetheissuanceoflongtermbondswithin certain quota by the high and new technology development zonessoasto raise funds from the society and support the development of highandnew technology industry.

(3) Relevant departments mayestablishventurecapitalfundsfor development of high and newtechnologyproductsinthehighandnew technology industry development zones. In the more maturedhighandnew technology industry development zones, venture capitalcompaniesmaybe set up.

Article 7 Capital construction project for the production and operation ofthe high and new technology enterprises shallbearrangedforconstruction according to uniform planning, and shall be given priority inhavingthe same included in local fixed asset investment scale.

Article 8 When approved by local people's government, high andnewtechnology enterprises may be exempted fromsubscribingthebondsforStateKey Construction.

Article 9 If all theindicatorsofthehighandnewtechnologyproducts developed by the high and newtechnologyenterpriseshavereachedthe level of the imported products of the same kind,andthehighandnew technology enterprisespossescertainproductioncapacity,afterthe review and determination by theStateScienceCommissionandrelevant department, such products shall be controlledpursuanttotheexisting import administration measures.

Article 10 New products development by the high and newtechnologyenterprises whose prices are controlled by the State (including thepricesfixedby the State and prices guided by the State), the enterprises mayfixedthe sales promotion prices by themselves and filethesamewiththeprice administration department and its superior department in charge within the prescribed sales promotion period, except that the prices of certaintype of products shall be determined by thepriceadministrativedepartment. The enterprises may fixthepriceofthosehighandnewtechnology products which are not subject to the price control of the State.

Article 11 Instruments andequipmentusedbythehighandnewtechnology enterprises for the development of high and new technology andproduction of high and new technology products mayadoptaccelerateddepreciation.

Article 12 Provided that the portion to be handed over to central treasury shall not be affected, when approved by local people's government, all taxes and charges paid by the high and new technology enterprises in 1990shallbe used as a base figure. Any additional taxes paidontopofthatshall within 5 years be fully refundedtohighandnewtechnologyindustry development zones and shall be used for theconstructionofdevelopment zones.

Article 13 Business and technology personnel ofthehighandnewtechnology enterprises who make multiple trips abroad shall follow the Guo Ban Fa (1990) No. 9 Document.

Article 14 When arranging employment and recruiting employees, eachregionand each department shall give prior consideration to the needsofhighand newtechnologyenterprisesforgraduate,post-graduatestudentsand returned Chinese students and exports from abroad.

Article 15 Thepeople'sgovernmentofeachprovince,autonomous region, municipality or plannedseparatecitywherehighandnewtechnology industry development zone arrived by theStatearesituatedmayadopt detailed implementing measures according to these Provisions.

Article 16 The State Science Commission and relevantdepartmentshallconduct periodic inspection to the high and newtechnologyindustrydevelopment zones. For those national high andnewtechnologyindustrydevelopment zones thatarepoorlymanagedorwhoseprogressaresluggish,the applicable preferential policies shall be terminated, or eventhestatus of national high and new technology industrydevelopmentzoneshallbe removed.

Article 17 The StateScienceCommissionandrelevantdepartmentsshallbe responsible for the interpretation of these Provisions.

Article 18 These Provisions shall be implemented from the dateofapprovalby the State council.

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