Decreeof the People’s Government of GuangdongProvince
No. 216
Provisions of Guangdong Province on the Administrative Service for the Shenzhen-Shanwei Special Cooperation Zone adopted at the Fifty-secondExecutive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on July 23, 2015, are hereby promulgated and shall become effective as of October 1, 2015.
Governor
Zhu Xiaodan
August 25, 2015
Provisions of Guangdong Province on the Administrative Service for
the Shenzhen-Shanwei Special Cooperation Zone
Chapter I General Provisions
Article 1
These Provisions are formulated for the purposes of regulating the functional performance by the administrative authority of Shenzhen-Shanwei Special Cooperation Zone (hereinafter referred to as the “Cooperation Zone”), strengthening the construction and administration of the Cooperation Zone, and promoting scientific development of the Cooperation Zone, in accordance with such laws and regulations as Regulations of Guangdong Province on the Implementation of the Outlines of the Reform and Development Plan of the Pearl River Delta Regionand in light of the actual situation of the Cooperation Zone.
Article 2
These Provisions shall apply to the construction and administration of the Cooperation Zone.
The Cooperation Zone includes the administrative areas of the four towns of Ebu, Xiaomo, Houmen and Chishi (including Yuandun Forest Farm) of Haifeng County, Shanwei City.
Article 3
The Cooperation Zone shall make innovations on the approach to development and play an exploratory role according to the principles of government guidance, market-based operation, proper utilization of complementary advantages between different regions and intensive development, proper alignment between power and responsibility and mutual benefits, so as to steadily develop the Cooperation Zone into an exemplary area for coordinated regional development, a pilot zone for the development of eastern Guangdong, a support area for industrial expansion of Shenzhen City, a coordination area for supporting the industrial transfer from the Pearl River Delta region and a new modern industrial city.
Article 4
The provincialpeople’sgovernment shall establish a sound and proper provincial coordination mechanism for promoting the construction of the Cooperation Zone, which shall be responsible for providing directions and coordination for major institutional matters and major trans-departmental or trans-regional affairs in connection with the construction and development of the Cooperation Zone.
Article 5
The Shenzhen Municipal People’s Government and Shanwei Municipal People’s Government shall establish an inter-city joint-meeting and decision-making mechanism, which shall be responsible for providing the guidance, coordination and resolution for major issues occurring in the construction and administration of the Cooperation Zone.
Article 6
Subject to the approval by the provincial people’sgovernment, an administrative authority shall be established for the Cooperation Zone, which shall exercise the economic and administrative powers at the prefectural level.
The administrative scope and powers of the administrative authority of the Cooperation Zone may be adjusted from time to time for the need of developing and constructing the Cooperation Zone, and such adjustment shall be proposed through consultations between Shenzhen Municipal People’s Government and Shanwei Municipal People’s Government and shall be reported to the provincial people’s government for approval.
The administrative authority of the Cooperation Zone may, according to the operational requirements of the provincial people’s government, establish a number of subordinateagencies to fulfill their respective administrative functions and duties and undergo the prescribed reporting procedures.
Article 7
The administrative authority of the Cooperation Zone or its subordinate agencies may directly report administrative affairs within its administrative scope to the provincial people’s government or departments thereof for approval.
Where the administrative authority of the Cooperation Zone or its subordinate agencies report the administrative affairs to the provincial people’s government or departments thereof for approval, they shall file a copy of such report to Shenzhen Municipal People’s Government and Shanwei Municipal People’s Government or theirdepartments thereof for archival purpose.
Chapter II Administrative Functions and Duties
Article 8
Forthe economic and administrative functions and powers designated by relevant laws, regulations and rules to be exercised by the people’s governments at or above the county level and theirdepartments thereof, yet for which the hierarchical authority designation is not specified, such functions and powers shall be exercised by the administrative authority of the Cooperation Zone and its subordinate agencies, except for those subject to the unified coordination and administration of a higher administrative authority.
In the case of administrative licensing items that are formerly approved by the provincial people’s government after being verified by Shanwei Municipal People’s Government and its department, and are currently designated to be verified by the administrative authority of the Cooperation Zone or any of its subordinate agencies instead, the administrative authority of the Cooperation Zone or its subordinate agencies may directly report such items to the provincialpeople’sgovernment or its competent departments for approval, and a copy of such report shall be filed to Shanwei Municipal People’sGovernment and its departments for archival purpose at the same time.
Article 9
The overall development plans, overall urban planning, and overall land use plans of the Cooperation Zone shall be prepared under the organization of the administrative authority of the Cooperation Zone which shall be implemented after the review by the Shenzhen Municipal People’s Government and Shanwei Municipal People’s Government and approval by the provincial people’s government.
Each special plan and detailed regulatory plan of the Cooperation Zone shall be prepared under the organization of the administrative authority of the Cooperation Zone and shall be implemented after they are approved in accordance with prescribed procedures.
The plans of the Cooperation Zone shall be aligned with those of the Shanwei City and Haifeng County.
Article 10
The administrative authority of the Cooperation Zone shall, based on the delegation by Shanwei Municipal People’s Government, be responsible for land administration in the Cooperation Zone, and performing such duties as the preliminary review of applications for the land used for construction purposes, re-designation of agricultural land for other purposes, submission of land supply applications for approval, as well as land assignments, grants, transfers and trading, and registration of land ownership.
Article 11
The fiscal system of the Cooperation Zone shall be controlled directly by the provincial people’s government, and the preparation of budget and final accounting of the Cooperation Zone shall be implemented in accordance with measures of the fund granting and payment formulated by the provincial people’s government.
The taxes payable by the Cooperation Zone shall be collected in accordance with law and paid to the local state treasury (taxes payable by China Resources Power Haifeng shall be listed separately).
Article 12
The authority of the Cooperation Zone shall set up a separate statistical database as a separate statistical area, and the organ which undertakes the statistical affairs of the Cooperation Zone shall independently organize, supervise and inspect the implementation of statistical regulations and statistical rules, and investigate and handle illegal statistical conducts in accordance with law.
The statistical power of the Cooperation Zone are controlled by the statistical organ of Shanwei Municipal People’s Government based on the delegation by the statistical organ of the provincial people’s government, while the statistical organ of Shenzhen Municipal People’s Government shall provide assistance in case of need. When the statistical data are submitted by the organ which undertakes the statistical affairs of the Cooperation Zone to the statistical organ of Shanwei Municipal People’s Government, a copy shall be submitted to the statistical organ of Shenzhen Municipal People’s Government at the same time.
The statistical data of the Cooperation Zone shall be handled in accordance with the Reply Regarding the Basic Framework Scheme of Shenzhen-Shanwei Special Cooperation Zone.
Article 13
The Shenzhen Municipal People’sGovernment and Shanwei Municipal People’s Government shall formulate policies aiming to support the development of the Cooperation Zone.
The administrative authority of the Cooperation Zone shall, based on the economic and social development conditions and proper research and study, raise matters which require the support of the provincial people’s government and departments thereof or the Shenzhen Municipal People’s Government and departments thereof or Shanwei Municipal People’s Government and its departments thereof; and the relevant people’s governments and their departments shall provide support within their respective scope of functions and powers.
Article 14
Where the administrative functions and powers to be exercised by the administrative authority of the Cooperation Zone, such as the administrative licensing items, are adjusted by the provincial people’s government, a catalogue of such functions and powers shall be prepared by the administrative authority of the Cooperation Zone, which, after being reviewed by the provincial institutional organization department in conjunction with other relevant departments and approved by the provincial people’sgovernment, shall be disclosed to the public.
Article 15
Where as is required by adjustment made in accordance with law, administrative functions and powers such as the administrative licensing items are transferred to the administrative authority of the Cooperation Zone and its subordinate agencies, the provincial people’s government and its departments thereof shall go through the transfer formalities for specific administrative functions and powers and perform the direction and coordination duties in accordance with law.
Article 16
Based on the development need of the Cooperation Zone, the administrative functions and powers such as the administrative licensing items related to the economic and administrative affairs shall be adjusted timely by Shanwei Municipal People’s Government and its departments thereof, so that such powers and functions shall be exercised by the administrative authority of the Cooperation Zone or its subordinate agencies, and a catalogue of powers and functions subject to such adjustment shall be prepared jointly by Shenzhen Municipal People’s Government and Shanwei Municipal People’s Government.
Article 17
The administrative authority of the Cooperation Zone may, based on the development need of the Cooperation Zone, formulate normative documents and implement them within the administrative region of the Cooperation Zone.
Article 18
When the administrative authority of the Cooperation Zone makes a major administrative decision, it shall go through such procedures as the public participation, feasibility study by experts, risk assessment, legality review and collective decision-making in accordance with law. No major administrative decision shall be made in violation of the provisions of this Article or other statutory procedures.
Chapter III Construction and Industrial Development
Article 19
The administrative authority of the Cooperation Zone shall base the development and construction within its administrative region on the principles of coordinated planning, steady implementation and comprehensive advancement, so as to achieve sustainable economic, social and environmental development.
Article 20
Enterprises and other organizations are encouraged to participate in the investment of developing and constructing the Cooperation Zone, so as to form a diversified investment and competition mechanism, and to promote the social and market-based development and operation of the Cooperation Zone.
Article 21
Land use in the Cooperation Zone shall be in conformity with the approved overall functional zoning, overall land use plan, urban and rural planning and industrial development need, and the sea area use shall be in conformity with the marine functional zoning of the Cooperation Zone. The size of land used for specific projects and the prioritization of projects in access to land supply shall be determined based on the investment intensity, output efficiency and time limit of construction of such projects.
The Cooperation Zone shall formulate land use control standards for projects in different industrial sectors, which shall cover such factors as investment intensity, output rate and floor area ratio, so as to guide the industries to make intensive and economical use of land.
The administrative authority of the Cooperation Zone shall step up efforts in connection with land reserve, and specify an agency as the authority in charge of land rearrangement and reserve, which shall be responsible for the acquisition, rearrangement and reservation of land lots in the Cooperation Zone that are permitted to be used for development purposes.
Article 22
Domestic and overseas entities and individuals are encouraged to establish enterprises or organizations with the status of an independent legal person, which are permitted to engage in the development of industries, industrial platforms and infrastructure and to engage in such modern services as commerce, tourism, real estate and finance.
Article 23
The administrative authority of the Cooperation Zone shall disclose to the public the Cooperation Zone’s main functional zoning plan, overall land use plan, marine functional zoning plan, overall urban planning program, industrial development plan, environmental protection plan, industrial guidance catalogue and relevant access standards.
The enterprises and organizations established in or the projects carried out in the Cooperation Zone shall comply with the relevant planning programs, zoning plans, catalogue and standards.
Article 24
Rural residents are encouraged to use their own houses for family inns in accordance with law, so as to promote the development of tourism industry in such forms as agricultural sightseeing, leisure fishing and folk customs.
Article 25
The relevant departments of the provincial people’sgovernment, Shenzhen Municipal People’s Government and the Shanwei Municipal People’s Government shall take the following measures to support the industrial development of the Cooperation Zone:
(1) Supporting to use provincial industrial transfer policies in eligible areas within the Cooperation Zone;
(2) The provincial departments in charge of thedevelopment and reform, economy and informatization, science and technology, finance, human resources and social security, land and resources, and commerce shall support the industrial development of the Cooperation Zone on the basis of their respective special financial appropriations for the Zone and formulate specific supporting plans and measures based on the specific conditions.
(3) The Cooperation Zone is eligible for the preferential policies formulated by Shenzhen Municipal People’s Government to support provincial-level parks of industrial transfer;
(4) Ebu Town, Xiaomo Town, Houmen Town and Chishi Town (including Yuandun Forest Farm) of Haifeng Countywithin the Cooperation Zone may continue to enjoy related subsidies and support policies promulgated by the provincial financial department with respect to underdeveloped areas and towns, and the policy-related subsidies and support policies formulated by the provincial people’s government and departments thereof or the Shanwei Municipal People’s Government and its departments thereof in accordance with the national policies shall remain in force and effect; and
(5) Other measures which support the industrial development of the Cooperation Zone.
Article 26
The administrative authority of the Cooperation Zone may offer certain rewards to enterprises and the senior management staff of major projects who satisfy the prescribed conditions and to the units and individuals that make outstanding contributions to the industrial development of the Cooperation Zone.
Specific reward measures shall be formulated by the administrative authority of the Cooperation Zone separately.
Article 27
For fixed assets of an enterprise in the Cooperation Zone (excluding houses and buildings) that become outdated easily due to rapid technical progress or frequent product upgrading or are exposed to constant strong vibration or high corrosion, their depreciable life may be shortened or their depreciation may be accelerated in accordance with the relevant provisions such as the Law of the People’s Republic of China on Enterprise Income Tax and the Regulations on the Implementation of the Law of the People’s Republic of China on Enterprise Income Tax.
Where the computer software purchased by the enterprises satisfies the qualification conditions of fixed or intangible assets, such software may be treated as the fixed or intangible assets in accounting processing, and its depreciation or amortization period may be shortened to an appropriate extent and may be reduced to a minimal period of two years.
Article 28
A separate plan is prepared for the export rebate quotas for the enterprises in the Cooperation Zone. The export rebate procedures shall be simplified with respect to the products which are included into China’shigh-tech products export catalogue, and priority shall be given to such products when they are going through export rebate verification and approval procedures.
Article 29
The enterprises in the Cooperation Zone may, on a mutadis mutandisbasis, be eligible for the preferential policies of administrative and institutional charges applicable to the enterprises in the provincial-level industrial transfer parks.
Article 30
The enterprises registered in the Cooperation Zone are eligible for the same treatment to which those registered in Shenzhen City or Shanwei City are eligible for.
The Cooperation Zone may formulate special policies to support the prioritized and major projects introduced into the Cooperation Zone, and the specific measures for implementation shall be formulated separately by the administrative authority of the Cooperation Zone.
Chapter IV Development Environment
Article 31The administrative authority of the Cooperation Zone shall coordinate the development of the Cooperation Zone in the following ways:
(1) Encouraging and supporting domestic and overseas investors to take part in the development in various forms and to participate in the urban infrastructure development, inter alia, the construction of municipal road networks, sewage treatment and garbage disposal facilities;
(2) Encouraging large enterprise groups to participate in the development and construction, so as to accelerate the overall development and construction of the Cooperation Zone; and
(3) Supporting institutions in such fields as the electric power, communications, postal service, water, gas, health care, education and transportation to set up branches in the Cooperation Zone to provide high-quality public products and services.
Article 32
The provincial public security organ as the public security organs of Shenzhen and Shanwei shall support the Cooperation Zone to form a safe and sound security environment.
Article 33
Support shall be provided tothe Cooperation Zone to optimize procedures in connection with enterprise registration, so as to provide the enterprises with well-functioning, convenient and efficient registration services. Enterprise registration in the Cooperation Zone shall be carried out in accordance with the relevant provisions of the state and this Province.
Article 34
Innovations shall be made in financial regulations, and financial institutions are encouraged to set up branches in the Cooperation Zone and enhance their support to the Cooperation Zone in terms of credit, capital and insurance.
Enterprises and other units are encouraged to set up financing guarantee agencies in the Cooperation Zone, so as to provide financing guarantee services for the development of the Cooperation Zone as well as the enterprises.
Private equity funds are encouraged to set up agencies in the Cooperation Zone to enhance their support for the Cooperation Zone in terms of investment and financing.
Support shall be provided to the Cooperation Zone to set up investment and financing platforms to expand the financing sources for the development of the Cooperation Zone.
The enterprises that satisfy relevant conditions are supported to obtain direct financing by such means as listing themselves on the securities market after proper restructuring, issuing corporate bonds, medium-term notes and short-term financing bonds, etc.
Article 35
The Cooperation Zone shall explore a variety of means to attract talented professionals, including formulating preferential policies in such fields as the housing and vocational education. .
All types of vocational schools in Shenzhen City and Shanwei City are supported to run schools in the Cooperation Zone, either on their own or in partnership with the enterprises. Intermediaryagencies such as Shenzhen human resource exchangecenter, Shanwei human resource exchange center and employment agencies are supported to set up branches in the Cooperation Zone.
Employees of the enterprises in the Cooperation Zone are encouraged to participate in the training of vocational skills and are provided with corresponding subsidies in accordance with the relevant provisions.
Article 36
The development of the Cooperation Zone shall follow such principles as giving priority to the protection, emphasis on the prevention, combining the prevention with the treatment, source treatment and end-of-pipe control to ensure scientific zoning of environmental functions:
Support shall be provided to the Cooperation Zone to develop a base for the circular economy and an exemplary park for environment-friendly industrial upgrading, to pilot the paid use and trading of pollutant-discharge right, advance the pilot program of pollution liability insurance. The Cooperation Zone is encouraged to adopt new technologies, new processes and scientific management to support the development of energy-efficient and environment-friendly industries.
Article 37
The administrative authority of the Cooperation Zone shall step up the development of the business credit system, establish an information disclosure system for market players to disclose their eligible basic information, including information on their registration, record-filing information, information on license applications and regulation, and banking and credit information, and establish a credit rating system for market players.
Article 38
The administrative authority of the Cooperation Zone shall establish and improve the procedural system for exercising administrative functions and powers, specify administrative items, handling basis, application conditions, procedures and time limit for handling, charging standards, handling results, supervision and relief approach, and display the same at its office premises and portal website.
Article 39
The administrative authority of the Cooperation Zone shall establish and improve the administrative supervisory system and the electronic supervision system of administrative examination and approval.
The administrative authority of the Cooperation Zone shall simplify the procedures based on the principles of convenience for the people and high efficiency, and implement such systems as the system of holding the administrative staff who first receive the issues be accountable, the system of handling the issues within the time limit and the system of making commitment for high-quality and efficient services, so as to improve the work efficiency and shorten the time limit for handling.
Article 40
The administrative authority of the Cooperation Zone shall make innovations in the administrative mode and the social management mode to improve administration and service quality.
Support shall be provided to the Cooperation Zone to handle social affairs by such means as purchasing the services, and non-governmental forces are encouraged to provide public services.
Article 41
Where a citizen, legal person or other organizations disagree with any administrative conduct undertaken by the administrative authority of the Cooperation Zone or its subordinate agencies, such citizen, legal person or organizations may submit an application for the administrative reconsideration in accordance with the Law of the People’s Republic of China on Administrative Reconsideration or initiate an administrative litigation in a competent people’s court in accordance with the Administrative Litigation Law of the People’s Republic of China.
Article 42The arbitration institutions in Shenzhen City are supported to set up branches in the Cooperation Zone to provide civil and commercial arbitration services for the citizens, legal persons and other organizations in the Cooperation Zone.
Chapter V Legal Liability
Article 43
Where the relevant departments of the provincial people’s government, Shenzhen Municipal People’s Government or its relevant departments, or Shanwei Municipal People’s Government or its relevant departments fail to adjust their relevant economic and administrative functions and powers in accordance with these Provisions, the provincial people’s government shall order such departments or governments to make corrections; where such departments or governments refuse to make such corrections, it shall issues a notice of criticism against them; where the circumstances are serious, the leaders directly in charge and other persons directly responsible for such failure shall be investigated for the liability in accordance with law.
Article 44
Where the administrative authority of the Cooperation Zone fails to exercise its economic and administrative functions and powers in accordance with these Provisions, the provincial people’s government shall order it to make corrections; if the administrative authority refuses to make such corrections, a notice of criticism shall be issued against the same; where the circumstances are serious, the leader directly in charge of such failure and other persons directly responsible for such failure shall be investigated for liability in accordance with law.
Where the staff member of the administrative authority of the Cooperation Zone fails to exercise any of his or her economic and administrative functions and powers in accordance with these Provisions, or abuses the power, neglects the duties, or commits illegalities for personal gains or by fraudulent means, the administrative authority of the Cooperation Zone shall order such staff member to make corrections; where such staff member refuses to make such corrections, a notice of criticism shall be issued against the same; where the circumstances are serious, the leader directly in charge of such staff member and other persons directly responsible for such failure shall be investigated for liability in accordance with law.
Chapter VI Supplementary Provisions
Article 45
These Provisions shall become effective as of October 1, 2015.
