INCOME TAX AND CONSOLIDATED INDUSTRIAL AND COMMERCIAL TAX FOR 14 COASTAL PORT CITIES, AS WELL AS THE FOUR SPECIAL ECONOMIC ZONES AND HAINAN ISLAND
REGULATIONS OF THE SHENZHEN SPECIAL ECONOMIC ZONE CONCERNING THE MANAGEMENT OF COMMODITY HOUSE PROPERTY
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(Effective Date 1984.01.23)
CONTENTS
CHAPTER I GENERAL PRINCIPLES CHAPTER II SALE (PURCHASE) IN ADVANCE OF HOUSE PROPERTY
CHAPTER III TRANSFER OF HOUSE PROPERTY RIGHT
CHAPTER IV HOUSE PROPERTY MORTGAGE
CHAPTER V HOUSE LEASING
CHAPTER VI HOUSE PROPERTY REGISTRATION
CHAPTER VII PENALTY CLAUSES
CHAPTER VIII SUPPLEMENTARY ARTICLES
CHAPTER I GENERAL PRINCIPLES Article 1. The present regulations are formulated in line with relevant laws land decrees of the People’s Republic of China and the Article 2. Commodity house property mentioned in the present regulations refers to residential houses, industrial and The term “house property right” mentioned hereinbelow refers to the ownership of houses (roofed) and the right Article 3. The Shenzhen City People’s Government encourages overseas firms to engage in house property management (construction, The Shenzhen City People’s Government will, in line with the relevant regulations of the state and Guangdong province Article 4. Partners of house property joint ventures and cooperative enterprises should sign contracts on the basis of the Article 5. If the houses are built with exclusive investment, the house property right belongs to the investors. If the houses are built through joint venture or cooperative efforts, the house property right shall be shared by If the housing, villas and other commodity houses are purchased by natural persons or legal persons, the house property Article 6. The Shenzhen City People’s Government shall protect the house property right of householders according to law, Householders have the right to renovate and repair their houses. But if they change the structure, purpose and appearance Article 7. The Shenzhen City People’s Government may requisition house property with reasonable compensation and proper arrangements Article 8. House property management, transfer of house property right, house property mortgage and house leasing shall be conducted The conclusion of contracts for the transfer of house property right, sale (purchase) in advance of house property, house property Article 9. The house property Administrative Department of the Shenzhen City People’s Government shall put commodity house property in CHAPTER II SALE (PURCHASE) IN ADVANCE OF HOUSE PROPERTY Article 10. A house property operator may sell in advance houses, but under the following conditions: (1) The house operator has received the “Land Use Certificate” and the “House Building Permit”; (2) House construction contracts have been signed; (3) The house property operator has opened a special account with the bank registered in Shenzhen City for collecting (4) 20% of the total budget for the present stage construction has been remitted to the bank in Shenzhen City with which Advance sale of jointly owned house property must have written agreements between the co-owners. Article 11. House barter contract shall be signed before sale (purchase) in advance. The content of the contract should be decided (1) The names of the two contracting parties (or the names of the legal persons), addresses (or location) of the legal persons; (2) The total floor space covered by the houses, the location (position) of the houses and their boundary lines (with (3) The size (or proportion) and time limit of the land used; (4) Purpose of house property; (5) Price of house property; (6) Methods of payment for advanced sales (purchase); (7) The date or predicted date for commissioning house property; (8) Liabilities for breach of contract; (9) Methods of settling contract disputes and the name of the department to accept the case; and (10) Other matters deemed necessary by both parties. Article 12. A house property buyer must deposit his advanced payments in the bank with which the house property operator has opened Advanced payments for house property must be used for the construction of the houses sold in advance. The draft of the advanced payments or house property shared in common by several house operators can be made only Article 13. Upon receiving the certificate for the completion of houses, the house property operators should notify in advance house buyers
CHAPTER III TRANSFER OF HOUSE PROPERTY RIGHT Article 14. In buying and selling house property, barter contracts shall be signed by parties involved in pursuance of Article In presenting his house property as gifts to others, the householder should sign with the gift receiver contracts for Article 15. The buying, selling and exchange of jointly possessed house property must have the unanimous consent of the co-owners In case no written agreement has been reached, the co-owners may sell or exchange their respective shares of the houses. If a co-owner of the houses sells his share of the house property, the other co-owners enjoy the priority, Article 16. One of house co-owners may give away or bequeath his share of the house property to others without the prior consent The above provisions apply to the inheritance of jointly-owned houses properly. Article 17. Before the house property right is transferred in accordance with item two of Article 15 and Article 16, the
CHAPTER IV HOUSE PROPERTY MORTGAGE Article 18. In applying for house property mortgage loans, a house property owner must go through the formalities at the bank (1) A contract for the sale of house property has been concluded; (2) The householder has received the “Certificate for House Property Right.” Article 19. When house property is to be mortgaged, a contract must be concluded. The content, which should be decided by both sides (1) The name of the mortgagor and the name of the mortgagee; (2) The name, floor space, location (position) and the boundary of the houses (with maps attached); (3) The amount of the mortgage loans and methods of payment; (4) The interest rate of the mortgage rate of the mortgage loans; (5) The time and the amount of loan repayment; (6) The liability of compensation for the damage caused by the mortgagor to the house property mortgaged; (7) Responsibility for breach of contract; (8) The methods for settling disputes over the contract and the name of the organ to accept the case; and (9) Other matters deemed necessary by both sides. The mortgage can entrust the legal Advisory Office of Shenzhen City with the signing of the contract of house property Article 20. The mortgage of house property sold (purchased) in advance should follow the following procedures: (1) The mortgagor signs a house property mortgage contract with the mortgagee; (2) The mortgagor receives the “Certificate for House Property Right” from the House Property Administrative Department (3) The mortgagor gives the mortgagee the “Certificate for House Property Right” for preservation and the mortgagee Article 21. Should the mortgagor fail to repay the mortgage according to the provisions of the house property mortgage contract, the Article 22. Before auctioning the houses, the mortgagee get the mortgagor notified and set the time limit for the mortgagor If the mortgagor fails to move out within the set time limit, the mortgagee or his agent may apply with the people’s Article 23. In renting out the mortgaged houses to others, the mortgagor should get the prior approval of the mortgagee. Article 24. The auctioning of mortgaged houses shall be conducted by the Materials and Property Management Corporation of Shenzhen Article 25. The mortgagee should use the proceeds from auctioning for the purposes in the following order: (1) To pay for all the expenses arising from the auctioning of the mortgaged houses; (2) To pay overdue taxes; (3) To repay the loans and interests owed by the mortgagor; (4) The surplus after the above-mentioned payments are made should be given to the mortgagor. If the proceeds from the auctioning is not enough to cover the payments, the mortgagee has the right to make separate claims. Article 26. Mortgage of jointly owned house property shall be conducted in reference to provisions of Article 15.
CHAPTER V HOUSE LEASING Article 27. Contract must be signed for house leasing (or sub-leasing) and the content of the contract, which should be decided (1) The location (position) of the houses, floor space, decorations and fittings; (2) The purpose of the houses; (3) The leasing period (fixed or unfixed); (4) The amount of rent and methods of payment; (5) Terms and liabilities for renouncing a contract ahead of schedule; (6) Responsibility for breach of contract; and (7) Other matters deemed necessary by both sides. Article 28. The period for leasing should not exceed the time limit set for the use of the land covered by the houses. Article 29. The co-owners must reach unanimity through consultation, conclude a written agreement and assume joint liabilities If one of the co-owners leases his own share of commonly-owned house property, the provisions of Article 17 Article 30. A lessee may sub-lease the house to others, with prior consent of the house owner. The time limit for sub-lease should not exceed that set in the original lease contract. Article 31. The lessor may cancel the house leasing contract ahead of schedule in one of the following cases: (1) When the lessor, due to unforeseeable reasons, really has the need to use the houses; (2) When the lessee has changed the purpose of the leased houses in violation of the contract; (3) When the lessee fails to pay rents for three months or longer than the time limit specified in the contract; (4) When the lessee violates the provisions of Article 30 of the present regulations; (5) When the lessee damages the houses or house facilities and refuse to do repairs or make compensation; (6) When the houses have been proved to be in danger of collapsing due to major damages. Article 32. The lessee may renounce the house property leasing contract in one of the following cases: (1) When the lessee has built or bought houses and there is no need to continue the leasing; (2) When the whole family of a lessee moves out of Shenzhen City; (3) When the houses are in danger of collapsing due to major damages and the lessor refuses to do repairs; Article 33. When the lessor fails within three months to rebuild the houses it has recovered in pursuance of (1) or (6) of Article A lessee should compensate to the lessor for the losses when he terminates the house leasing contract before the Article 34. The original lessee has the priority to lease the house again after they have been recovered and rebuilt Article 35. If without good reasons the lessor refuses to accept rents duly paid by the lessee according to the contractual The fees spent on the afforesaid notarization shall be stopped from the house rents. Article 36. Expenditure for repairing the houses on lease should be borne by the lessor; and if any loss has been caused deliberately Article 37. When one of the parties to the leasing contract cancels the contract, he should notify the other party one month in advance If the lessee refuses to move out within the set time limit after the renunciation of the lease contract, the Article 38. The leasing of houses shall not hinder the transfer of house property right. The house leasing contract remains effective after the transfer of house property right, and the old and new householders When leased houses are sold, the lessee has the priority, under the same conditions, to buy them over.
CHAPTER VI HOUSE PROPERTY REGISTRATION Article 39. Owners or obligees of commodity house property should register their house property with the House property Administrative (1) Registration for affixing house property right: householders apply for the fixing of house property right, (2) Registration for property transfer: transfer of house property right should be registered by both parties involved, (3) Registration for changes: if the house property right changes hands due to expansion, reconstruction, dismantle, (4) Registration for other rights: if other rights including preference right, mortgage right, land service right (5) Registration for alteration: if the holding “Certificate for House Property Right” has become inconsistent with reality, (6) Registration for cancellation: if, owing to ravage by natural calamities or dismantlment of the houses, Article 40. House property registration requires the presentation of the following documents: (1) An application form for registration; (2) Identification card of the applicant; and (3) All the documents for acquiring, changing and transfering house property right. The registration for the house property right jointly possessed may be done by one of the co-owners who must have Article 41. House property may be registered by proxy who should produce, apart from the documents required in Article 40, notarized If the applicant is a legal person, registration may be conducted by its agent, who must submit documents certifying his Article 42. For householders or obligees, persons involved and agents who reside in Hongkong, Macao and Taiwan province or in foreign (1) Those living in Hongkong and Macao should go through attestation procedures at the representative office (2) Those living in Taiwan province should go through the attestation procedures upon the strength of (3) Those living in foreign countries should go through attestation procedures at the Chinese embassies (or Article 43. Registration fees should be paid for house property registration. The rate shall be determined by the House If house property is registered by both parties, registration fees shall be borne by the party receiving the rights. Article 44. Should the certificate for house property right received by the householder after registration be destroyed or lost, the Article 45. The obligee shall apply for registration within three months after he obtains the various kinds of house property Article 46. When the term for the use of the land occupied by the commodity house property expires, the owner should apply with the
CHAPTER VII PENALTY CLAUSES Article 47. Any contract signed in violation against the present regulations shall be invalid and losses arising therefrom shall Article 48. Those who willfully change the structure, purpose and appearance of the houses or expand or dismantle them for Article 49. For those who register house property by resorting to deception, assumption of other’s name, forgery of documents, Article 50. For those who fail to register the house property in due time, a fine from one to five yuan Renminbi shall be imposed for For those who fail to apply for extension of the time for the use of land after the term expires, a fine up to one per
CHAPTER VIII SUPPLEMENTARY ARTICLES Article 51. When the various legal documents pertinent to the present regulations must be available in Chinese and a foreign language, Article 52. The Regulations shall be put into effect from the date of promulgation.
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INTERIM PROVISIONS OF THE STATE COUNCIL CONCERNING THE REDUCTION OF AND EXEMPTION FROM ENTERPRISE INCOME TAX AND CONSOLIDATED INDUSTRIAL ANDCOMMERCIAL TAX IN THE SPECIAL ECONOMIC ZONES AND THE FOURTEEN COASTAL PORT CITIES
| Category | TAXATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1984-11-15 | Effective Date | 1984-12-01 |
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Interim Provisions of the State Council Concerning the Reduction of and Exemption From Enterprise Income Tax and Consolidated Industrial |
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Chapter I Special Economic Zones
Chapter II The Economic and Technological Development Zones of the
Chapter III The Old Urban Districts of the Fourteen Coastal Port Cities
Chapter IV Effective Date
(Promulgated by the State Council on November 15, 1984)
In order to enable the four special economic zones, namely Shenzhen,
Zhuhai, Xiamen, and Shantou and the fourteen coastal port cities, namely
Dalian, Qinhuangdao, Tianjin, Yantai, Qingdao, Lianyungang, Nantong,
Shanghai, Ningbo, Wenzhou, Fuzhou, Guangzhou, Zhanjiang, and Beihai to expand
economic cooperation and technical exchange with foreign countries, attract
foreign capital, introduce advanced technology and accelerate the construction
of socialist modernization, companies, enterprises, and individuals from
foreign countries, Hong Kong, Macao, and other regions (hereinafter referred
to collectively as “external investors”) that invest in the above mentioned
special zones and cities by setting up Chinese-foreign equity joint ventures,
Chinese-foreign contractual joint ventures and foreign-capital enterprises
shall be accorded preferential treatment in the form of reduction of or
exemption from enterprise income tax and consolidated industrial and
commercial tax.
Chapter I Special Economic Zones
1. Chinese-foreign equity joint ventures, Chinese-foreign contractual
joint ventures and foreign-capital enterprises (hereinafter referred to as
“special zone enterprises”) established in the special economic zones
(hereinafter referred to as “special zones”) shall be subject to enterprise
income tax at the reduced rate of 15% on income from production and business
operations and other income. Of such enterprises:
(1) enterprises engaged in industry, communications and transport,
agriculture, forestry, animal husbandry and other production-oriented
industries that are scheduled to operate for a period of ten years or more,
shall, upon approval by the special zone tax authorities of applications filed
by them, be exempt from income tax for the first and second years commencing
the first profit-making year, and shall be allowed a 50% reduction of income
tax from the third through the fifth years.
(2) enterprises engaged in service trades that are scheduled to operate
for 10 years of more, if the investments of foreign investors exceed 5 million
US$, shall, upon approval by the special zone tax authorities of applications
filed by them be exempt from income tax in the first profit-making year and
shall be allowed a 50% reduction of income tax in the second and third years.
2. With respect to the local income tax imposed on the special zone
enterprises, the people’s governments of the special zones shall determine
whether preferential treatment in the form of tax reduction or exemption needs
to be granted.
3. The share of profit distributed to external investors by
Chinese-foreign equity joint ventures in special zones and remitted abroad
shall be exempt from income tax.
4. With the exception of income which is exempt from income tax in
accordance with the law, dividends, interest, rentals, royalties and other
income derived from sources within the special zones by foreign investors
having no establishments in China shall be subject to tax at a reduced tax
rate of 10%. Foreign investors that provide capital or equipment on
preferential terms or transfer advanced technology and need to be given
additional preferential treatment with regard to tax reductions or tax
exemptions shall be decided by the people’s governments of the respective
special zones.
5. With respect to goods subject to consolidated industrial and
commercial tax which are imported by the special zone enterprises prior to
the establishment of the administrative borders of the special zones,
machinery, equipment, raw materials, spare parts and fittings; means of
transport and other production materials essential for production shall be
exempt from consolidated industrial and commercial tax. Means of transport
and durable consumer goods the importation of which is restricted by the
State shall be subject to consolidated industrial and commercial tax
according to the tax law. Consolidated industrial and commercial tax shall
be imposed at one half of the stipulated tax rates on various kinds of
imported mineral oils, tobacco, alcoholic beverages, and various other kinds
of articles for daily use. Following the establishment of the administrative
borders of the special zones, various kinds of imported mineral oils, tobacco
and alcoholic beverages, shall continue to be subject to consolidated
industrial and commercial tax at one half of the stipulated tax rates; the
remaining imported goods shall all be exempt from consolidated industrial and
commercial tax. Reasonable quantities of tobacco, alcoholic beverages, luggage,
articles for daily use and settling-in articles personally carried in by
individual external investors or personal use shall be exempt from
consolidated industrial and commercial tax.
6. All products for export produced by special zone enterprises, except
for those whose export is restricted by the State and the small number of
products otherwise prescribed by the State, shall be exempt from consolidated
industrial and commercial tax.
7. Mineral oils, tobacco, alcoholic beverages and other such products
manufactured by special zone enterprises and sold within the same special zone
shall be subject to consolidated industrial and commercial tax at one half of
the tax rates stipulated in the tax laws. The people’s government of the
special zone may also decide independently products at regular or reduced
rates. Other products shall no longer be subject to consolidated industrial
and commercial tax.
8. Special zone enterprises that transport inland imported goods in
respect of which reductions of or exemptions from consolidated industrial and
commercial tax have been granted or products produced in the special zones
shall, at the time such goods are transported inland, make good such
reductions of or exemptions from consolidated industrial and commercial tax in
accordance with the provisions of the tax laws. Reasonable quantities of
luggage and articles for daily use that individuals or external investors
personally carry inland from the special zones for personal use shall be
exempt from consolidated industrial and commercial tax.
9. The income of special zone enterprises engaged in commerce,
communication and transport and service trades shall be subject to
consolidated industrial and commercial tax according to the tax rates
stipulated in the tax laws. Consolidated industrial and commercial tax shall
be imposed at the rate of 3% on income derived from banking and insurance
operations. The special zone people’s governments shall determine whether
special treatment in respect of reductions of or exemptions from consolidated
industrial and commercial tax needs to be granted to the above-mentioned
enterprises for a specified period of time during the initial period of
operations.
10. Reductions of and exemptions from enterprise income tax and
consolidated industrial and commercial tax on Chinese-foreign equity joint
ventures, Chinese-foreign contractual joint venture and foreign-capital
enterprises established in the Hainan Administrative Region of Guangdong
Province shall be implemented with reference to the relevant provisions
applying to the special zones.
Chapter II The Economic and Technological Development Zones of the
Fourteen Coastal Port Cities
1. Production-oriented enterprises organized as Chinese-foreign equity
joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises (hereinafter referred to as “development zone
enterprises”) established in the economic and technological development
zones (hereinafter referred to as “development zones”) shall be subject to
enterprise income tax at the reduced tax rate of 15% on income from
production and business operations and on other income. Among these
enterprises, those scheduled to operate for a period of 10 years or more,
upon approval by the municipal tax authorities of an application filed by the
enterprise, shall be exempt from income tax in the first and second years,
commencing the first profit-making year, and be allowed a 5% reduction in the
third through the fifth years.
2. With respect to the local income tax imposed on the development zone
enterprises, the municipal people’s governments in the locations of the
development zones shall determine whether preferential treatment in the form
of tax reduction or exemption needs to be granted.
3. The share of profits distributed to external investors by
Chinese-foreign equity joint ventures in the development zones and remitted
abroad shall be exempt from income tax.
4. With the exception of income which is exempt from income tax in
accordance with the law, dividends, interest, rentals, royalties and other
income derived from sources within the development zones by external investors
having no establishments in China shall be subject to tax at the reduced tax
rate of 10%. Of such external investors, with respect to those that provide
capital or equipment on preferential terms or transfer technology which is
advanced, their preferential treatment with regard to further tax reductions
or tax exemptions shall be decided by the municipal people’s government
located in the respective development zone.
5. Building materials, production equipment, raw materials, spare parts
and fittings, components, means of transport and office supplies imported by
development zone enterprises for their own use shall be exempt from
consolidated industrial and commercial tax. Development zone enterprises
that divert for sale on the domestic market products processed from imported
raw materials, spare parts and fittings and components that were exempt from
tax shall, in accordance with the tax laws, make up consolidated industrial
and commercial tax on imported material and parts used for such products.
6. Products for export produced by development zone enterprises, other
than those whose export is restricted by the State, shall be exempt from
consolidated industrial and commercial tax; products for domestic sale shall
be taxed according to the tax laws.
7. Reasonable quantities of settling-in articles and means of transport
that are personally brought in by external business personnel who work in
development zone enterprises or reside in development zones for their own
use shall, on the basis of certificate issued by the municipal development
zone administrative committee, be exempt from consolidated industrial and
commercial tax.
Chapter III The Old Urban Districts of the Fourteen Coastal Port Cities
and the Urban Districts of Shantou, Zhuhai and Xiamen Municipalities
1. Production-oriented enterprises organized as Chinese foreign equity
joint ventures, Chinese-foreign contractual joint ventures and
foreign-capital enterprises (hereinafter referred to collectively as “old
urban district enterprises”) established in the old urban districts of the
fourteen coastal port cities and the urban district of Shantou, Zhuhai and
Xiamen municipalities (hereinafter referred to collectively as “old urban
districts”) shall, upon approval of the Ministry of Finance, be subject
enterprise income tax at the reduced rate of 15% in respect of projects which
are technology-intensive or knowledge-intensive, or in which the amount
invested by foreign investors is 30 million US$ or more and the investment
recovery period is long or which involve energy development or the construction
of communications or port facilities.
Old urban district enterprises that do not qualify for the tax reductions
prescribed in the preceding paragraph, but which involve one of the industries
listed below, may, upon approval by the Ministry of Finance, be subject to
enterprise income tax calculated at 80% of the tax rate stipulated in the tax
laws:
(1) machine manufacturing and electronics industries;
(2) metallurgical, chemical and building materials industries;
(3) light industries, textiles and packaging industries;
(4) medical apparatus and instruments and pharmaceutical industries;
(5) agriculture, forestry, animal husbandry and aquaculture industries
and the related processing industries;
(6) construction industries.
Reductions of and exemptions from enterprise income tax for old urban
district enterprises shall be dealt with according to the above-mentioned
preferential tax rates and in conformity with the time limits and scope
stipulated in the Income Tax Law of the People’s Republic of China for
Chinese-Foreign Equity Joint Ventures and the Income Tax Law of the People’s
Republic of China for Foreign Enterprises.
2. With respect to the local income tax imposed on old urban district
enterprises, the municipal people’s government shall determine whether
preferential treatment in the form of tax reduction or exemption needs to
be granted.
3. With the exception of income which is exempt from income tax in
accordance with the law, dividends, interest, rentals, royalties and other
income derived from sources within the old urban districts by external
investors not having establishments in China shall be subject to income tax
at the reduced tax rate of 10%. Of such external investors, with respect to
those that provide capital or equipment on preferential terms or transfer
technology which is advanced, their preferential treatment in regard to
further tax reductions or tax exemptions shall be decided by the municipal
people’s government.
4. Production equipment, equipment for business operations and building
materials imported as investment contributions or additional investment, as
well as means of transport and office supplies imported by old urban district
enterprises for their own use shall be exempt from consolidated industrial
and commercial tax.
5. Products for export produced by old urban district enterprises,
excluding those whose export is restricted by the State, shall be exempt from
consolidated industrial and commercial tax; products that are sold
domestically shall be taxed according to the tax laws.
6. The portion of raw materials, spare parts and fittings, components,
packaging materials and other such materials imported by old urban district
enterprises which is used in the production of export products shall be exempt
from consolidated industrial and commercial tax; the portion of imported
materials used in the production of products for domestic sale shall be taxed
in accordance with the tax laws.
7. Reasonable quantities of settling-in articles and means of transport
personally brought in by external business personnel for their own use shall,
on the basis of a certificate issued by the relevant departments of the
municipal people’s governments, be exempt from consolidated industrial and
commercial tax.
Chapter IV Effective Date
The stipulations of these Provisions concerning the reduction of and
exemption from income tax shall become effective as of the year of 1984;
the stipulations of these Provisions concerning the reduction of and
exemptions from consolidated industrial and commercial tax shall become
effective as of December 1, 1984.
REGULATIONS ON LABOR MANAGEMENT IN THE XIAMEN SPECIAL ECONOMIC ZONE
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(Effective Date 1984.07.14) Article 1. The present regulations are formulated in accordance with the relevant laws and decrees of the People’s Republic of China. Article 2. SEZ enterprises decide their own labor plans and composition of their staff and report to the Xiamen City Bureau of Labor for the Article 3. The workers and staff members of an enterprise may be recruited by the enterprise itself or may be recommended by the labor service Those recruited may undergo a probation period lasting three to six months. Article 4. SEZ enterprises should not employ school children or those under 16, and if they recruit those from the rural areas or inland areas, Article 5. SEZ enterprises should conclude contracts with workers and staff members for their employment. The labor contract should include Article 6. SEZ enterprises have the right of management over their own employees in accordance with the terms of the labor contracts. The Article 7. The structure and scale of wages, and the ways of reward and subsidy for the workers and staff members are determined by the SEZ Article 8. The labor insurance system the SEZ practises is one which is provided by a social labor insurance fund. SEZ enterprises must each contribute every month to a social labor insurance fund the equivalent of 25% of the enterprise’s total Article 9. SEZ enterprises should draw a certain amount of money from their profits to be paid into a workers’ welfare fund for such purposes Article 10. SEZ enterprises must each take out an employer responsibility policy at the insurance company designated by the Xiamen City People’s Article 11. SEZ enterprises follow the six-day work-week and eight-hour work-day practice. Overtime work must not be longer than 12 hours a Article 12. Public holidays and paid vacations of the workers and staff members of the SEZ enterprises are as follows: General holiday: one day per week Statutory holidays: seven days with pay, namely New Year’s Day (one day), the Spring Festival (three days), the International Labor Wedding leave: three days with pay Maternity leave: not less than 56 days with pay Sick leave: full pay to those whose sick leave is less than 13 days, and 60%, 70% and 80% of the pay to those whose sick leave is Article 13. Workers and staff members of the SEZ enterprises have the right to establish grassroots trade union organizations and organize activities The main tasks for these trade unions are: to safeguard the legitimate rights of the workers and staff members, help the enterprise The SEZ enterprises should actively support the work of the trade unions, and allocate an equivalent of 2% of the total wages of the Article 14. A SEZ enterprise may dismiss its workers and staff members in line with its labor contracts, but it must inform the individual concerned, When a worker or a staff member is dismissed before or upon the expiration of the labor contract, the SEZ enterprise concerned is The norms for the compensation fee are: 50% of the average monthly pay if the individual has worked for less than half a year; one Article 15. Workers and staff members may resign according to the labor contract and they should notify the enterprise one month in advance. Workers and staff members who have worked for less than two years and who have been released for training by the enterprise but want The SEZ enterprise should submit a list of those who have resigned to the special economic zone’s labor service company. Article 16. The employment contract should include regulations on employment, dismissal, resignation, pay, welfare, reward and punishment as Article 17. The SEZ enterprises must follow the laws and decrees of the People’s Republic of China on labor protection and special protection Article 18. The SEZ enterprise may, according to the seriousness of each case, give the necessary punishment and even dismissal to those workers Article 19. Labor disputes that occur in the SEZ enterprises may be solved by the parties involved through consultation; the enterprise trade Article 20. The regulations shall come into force on the date of promulgation.
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DETAILED RULES FOR THE IMPLEMENTATION OF THE INTERIM REGULATIONS ON LICENSING SYSTEM FOR IMPORT COMMODITIES OF THE PEOPLE’S REPUBLIC OF CHINA
PROVISIONAL REGULATIONS PROMULGATED BY THE STATE COUNCIL OF THE PEOPLE’S REPUBLIC OF CHINA ON REDUCTION AND EXEMPTION OF ENTERPRISES
REGULATIONS ON THE ADMINISTRATION OF THE REGISTRATION OF ENTERPRISES IN THE XIAMEN SPECIAL ECONOMIC ZONE
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(Effective Date 1984.07.14) Article 1. These Regulations are formulated in accordance with the relevant laws and statutory regulations of the People’s Republic Article 2. Enterprises established in the Special Zone must carry out registration procedures with the Xiamen Municipal Industry Article 3. In applying for registration, a Special Zone enterprise shall produce the following documents: (i) a document of approval issued by the Xiamen Municipal People’s Government or the organ in charge authorised (ii) copies of the approved agreement, contract and articles of association signed by the various parties to the enterprises; (iii) copies of the business licence or other relevant documents issued by the government department in charge in A Special Zone enterprise shall also submit the approval document issued by the relevant department in charge should Article 4. In applying for registration, a Special Zone enterprise shall fill out a registration form in triplicate in Chinese Article 5. Resident representative offices to be established in the Special Zone by foreign enterprises, enterprises run by Article 6. Special Zone enterprises and resident offices are deemed to be officially established on the day on which their business Article 7. A Special Zone enterprise or resident office, shall present its business licence or registration certificate for opening Article 8. When a Special Zone enterprise changes its name or location, its line of production, increases, decreases or transfers its Article 9. The registration certificate for a resident office will be renewed every year. When changing the name of the resident Article 10. When applying for registration or the registration of changes, Special Zone enterprises or resident offices shall Article 11. Upon the expiry of the term of operations or residency period, or upon the approved pre-term closure or termination of Article 12. The Xiamen Municipal Industry and Commerce Administration Bureau shall examine, verify and give an official reply Article 13. The Xiamen Municipal Industry and Commerce Administration Bureau supervises and inspects Special Zone enterprises Article 14. These Regulations will be effective from the date fo promulgation.
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CUSTOMS RULES OF THE PEOPLE’S REPUBLIC OF CHINA ON THE IMPORT OF LEGACIES
REGULATIONS ON THE IMPORT OF TECHNOLOGY TO THE XIAMEN SPECIAL ECONOMIC ZONE
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(Effective Date 1984.07.14) Article 1. The present set of regulations is drawn up in accordance with relevant laws and decrees of the People’s Republic of China. Article 2. The regulations apply to the SEZ enterprises and institutions and other economic organizations (hereinafter referred to as the licensee) Article 3. The technology thus acquired must be both practical and advanced, and may bring about marked economic benefits. Technology here (1) technology with valid patent right; (2) technology with its patent right being applied for; and (3) proprietary technology. Article 4. Technology that produces the following effects is forbidden to be imported: (1) that which harms public order of society or violates social ethics; and (2) that which undermines ecological balance and harms the environment. Article 5. Technology transfer or acquisition may take any of the following forms: (1) licensing; (2) technical consultancy or technical service; (3) using patented technology or proprietary know-how as capital contribution in investment, or entering into joint operation with (4) compensation trade or co-production; and (5) projects under contract or other forms. Article 6. The licensee (recipient) may enjoy special preferential terms set by the Xiamen City People’s Government if the imported technology (1) technology which is examined and proved by the state scientific and research department as up to the world advanced level; (2) that which can markedly improve the competitiveness of the products on the international market; (3) that which may bring about marked economic results when applied to the technical upgrading of enterprises; and (4) that which is indispensable to the requirements of the Xiamen City People’s Government. Article 7. In technology acquisition, the licensee should apply in writing to an organization authorized by the Xiamen City People’s Government The contract comes into force on the date of approval, and it may be cancelled by the approval department if it is not implemented Article 8. Contracts must also have the following provisions apart from those that are generally included in Sino-foreign economic contracts: (1) definition of key terms; (2) subject and scope of the technology involved, list of technical information and the date of delivery; (3) progress of implementation, technical service and technical training; (4) the use of trademark; (5) warranty, checking and acceptance of the technology; (6) the rights and obligations of both sides to use and improve the technology; (7) secrecy clause; (8) the way to work out and pay the remuneration for the technology; and (9) liquidated liabilities (damages). Article 9. Invalidation of technology transfer agreement clauses if they are formed to include any of the following provisions: (1) payment for expired or invalid patent rights; (2) restrictions on the licensee to licensing-in technology from other sources; (3) restrictions on improvement or development of the technology in the course of application; (4) obviously unreasonable conditions attached. Article 10. In transferring patented technology of an unexpired life, the licensor should provide the licensee with a manual on the patent and In transferring technology for which the patent is pending, the licensor should provide the licensee with such patent application In transferring proprietary know-how, the licensor should provide the licensee with the relevant design blueprints, the rules for Article 11. The licensor should, within the time limit set by the contract, conduct training for the required number of people specified by Article 12. If the licensor is re-licensing the same technology, the licensee has the right to demand that a duplicate of the original licensing Article 13. If the licensor’s patent lapses before the expiration of the agreement, or the application for patent right is rejected, or if it The licensor should make sure that the technical data are complete, correct and reliable. If, for reasons the responsibility for Article 14. The licensee undertakes to discharge the secrecy clause obligations as stipulated in the contract regarding the imported technology. Anyone who has access to the technical secrets because of his (her) duties or job responsibilities must not divulge the secrets or Article 15. The relevant department of the Xiamen City People’s Government undertakes the necessary monitoring of and control over the effects Article 16. The present regulations come into force on the date of promulgation.
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