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(Promulgated by the Standing Committee of the Shenzhen City People's Congress on 7 June 1996, revised according to the Amending the Decision on 20 June 2003. Decision effective as of date of promulgation.) (来源:英语学习门户网站EnglishCN.com)

颁布日期:20030620  实施日期:20030620  颁布单位:深圳市人大常委会

  PART ONE GENERAL PROVISIONS

  Article 1 These Regulations are formulated in accordance with the basic principles of the relevant national laws and administrative regulations and on the basis of the actual situation in the Special Economic Zone, in order to strengthen the outward-looking development of the economy of Futian Bonded Zone in Shenzhen Special Economic Zone (SEZ), further to create a good investment environment and to safeguard investors' lawful interests.

  Article 2 Futian Bonded Zone (the bonded zone) is a special economic district, the establishment of which is approved by the State Council.

  The bonded zone is situated in the Futian district of Shenzhen SEZ and is bounded by Huanggang port to the east, the eastern bank of the Xinzhou River to the west, the northern bank of the Shenzhen River to the south and Fuqiang Road to the north. It implements a totally closed administration.

  The boundaries of the bonded zone's living district (the living district) are drawn by the city government.

  Article 3 The bonded zone shall principally develop international trade, storage industry and advanced high science and technology industry and shall correspondingly develop tertiary industry such as finance, commercial trade services, transport, communications and information.

  The bonded zone may in accordance with the law establish social intermediary services in order to provide services to enterprises within the bonded zone.

  Article 4 Legal persons, other economic organizations and individuals within the bonded zone must abide by the laws and regulations of the People's Republic of China.

  The lawful rights and interests of investors in the bonded zone shall be protected in accordance with the law.

  PART TWO ADMINISTRATIVE ORGANIZATIONS AND THEIR DUTIES

  Article 5 The Shenzhen City Bonded Zone Administration Bureau (the administration bureau) is an organization of the city government and represents the city government in administering all administrative affairs of the bonded zone.

  Article 6 The administration bureau shall exercise the following powers:

  1. To formulate development and construction plans and industrial policy for the bonded zone and to organize and implement these upon approval by the city government;

  2. To formulate specific administrative procedures for the bonded zone in accordance with these Regulations and to promulgate and implement these upon approval by the city government;

  3. Under the guidance of the city planning State land administration department to be responsible for land planning and development of infrastructure and public utilities for the bonded zone and the living district, and to handle the procedures for grant and transfer of leaseholds (land use rights);

  4. To be responsible for the administration of public utilities such as water and electricity supply for the bonded zone and the living district;

  5. Under the guidance of the city construction administration department to administer construction projects, except for specialized projects, within the bonded zone and the living district;

  6. To promulgate investment guidelines and to assist the city trade and industry administration department in registering enterprises and in other administrative matters;

  7. To be responsible for labour and personnel administration for the bonded zone, to draw up an annual plan for the bonded zone for recruitment and employment of personnel and workers in accordance with the requirements and, upon approval from the city personnel and labour administration departments, to deal with recruitment approval and employment matters in accordance with the plan;

  8. To be responsible for administration of State-owned assets within the bonded zone;

  9. Under the guidance of the city environmental protection administration department to be responsible for environmental protection work within the bonded zone and the living district;

  10. To deal with the approval procedure for Chinese personnel within the bonded zone to leave the country on business for short periods and to go to Hong Kong, Macao or overseas for training;

  11. To co-ordinate the development of work within the bonded zone of administration organizations involved in such aspects as Customs, border defence investigations, taxation, foreign exchange, public security, health quarantine, plant quarantine, product inspection etc; and

  12. Other powers granted by the city government.

  Article 7 The administration bureau shall be responsible to and report to the city government. The city government may change or annul inappropriate decisions made by the administration bureau.

  Article 8 The principal decisions of the administration bureau made while exercising its powers under these Regulations shall be put on file with the city government and the relevant administrative departments.

  Article 9 With the approval of the departments in charge within the city government, the administration bureau may establish certain working organizations in accordance with the principle of simple and efficient.

  The working organizations of the administration bureau are responsible to the administration bureau and shall receive work guidance from the relevant administrative departments of the city government.

  Article 10 The organizations established by the Customs and border defence investigation authorities within the bonded zone shall exercise their powers in accordance with the law.

  Article 11 The offices of the health quarantine, plant quarantine and product inspection authorities established within the bonded zone with the agreement of the administration bureau shall carry out inspections in accordance with the law in areas outside border crossings.

  PART THREE ESTABLISHMENT AND ADMINISTRATION OF ENTERPRISES

  Article 12 The city government shall encourage investors to set up advanced high science and technology enterprises within the bonded zone which shall enjoy the relevant preferential treatment.

  Article 13 Investors may upon approval establish trade enterprises within the bonded zone and engage in commercial trade.

  Article 14 Investors may upon approval establish storage enterprises within the bonded zone and carry out bonded storage.

  Article 15 Domestic and foreign information organizations may establish branch organizations or offices within the bonded zone and engage in consultancy.

  Article 16 Upon approval from the departments in charge of finance, domestic and foreign financial and insurance organizations may establish business organizations or offices within the bonded zone and engage in financial and insurance business and liaison and consultancy services.

  Article 17 Investors may within the bonded zone establish tertiary industrial enterprises permitted by national laws and regulation such as transport and communications.

  Article 18 The establishment by investors of enterprises or representative organizations within the bonded zone shall be carried out in accordance with the following procedure:

  1. Investors shall submit applications which shall be approved for registration in accordance with the law by the trade and industry administration department in line with the guidelines issued by the administration bureau.

  2. The establishment of enterprises engaged in specially designated industries shall be registered in accordance with the law at the trade and industry administration department once approved by the administration bureau.

  3. Once investors have obtained an operating licence they shall file, register and open an account with administrative organizations such as Customs, the tax authorities and the foreign exchange authorities.

  Article 19 The trade and industry administration department must decide whether or not to permit registration within twenty days of the date of receipt of an investor's application to establish an enterprise.

  If an application requires the approval of the administration bureau, the administration bureau must decide whether to approve it within ten days of receipt of the investor's application.

  Article 20 Bonded zone enterprises must set up a sound financial accounting system and submit annual accounts to the administration bureau. Special account books must be set up for tax-exempt and bonded goods. The Customs and tax administrative authorities can audit and inspect the above-mentioned accounts.

  Article 21 If bonded zone enterprises change their name, address, legal representative or scope of business, or merge, split, transfer share rights or close down, they must change or cancel their registration at the authority with which they were originally registered.

  Article 22 It is forbidden to establish within the bonded zone enterprises which pollute the environment, which are very wasteful of energy or water, or which are labour-intensive.

  PART FOUR LAND DEVELOPMENT AND REAL PROPERTY ADMINISTRATION

  Article 23 Land within the bonded zone is State-owned and adopts a fixed-term lease for compensation system. The length of lease for land use for different purposes shall be enforced according to the stipulations of the laws and regulations.

  Article 24 Leaseholds to bonded zone land shall be obtained through the signing of a written leasehold assignment contract by the administration bureau with the applicant, and the leaseholder shall pay the land price in accordance with the contract agreement.

  If the leaseholder has not developed and made use of the land within one year of the date the assignment contract came into effect, the administration bureau shall take back the leasehold without compensation.

  If it is necessary to change the use to which the land is put this must be approved by the administration bureau and the relevant land use procedure carried out.

  Article 25 Transfer, rental and mortgage of real property within the bonded zone must be registered with the administration bureau and tax collected in accordance with the law.

  Article 26 The leaseholder must pay the lease fee to the administration bureau. The level of lease fee shall be set by the city government.

  Article 27 The land price and lease fees collected by the administration bureau must be used for land development and infrastructure construction within the bonded zone and must not be diverted to other uses.

  Article 28 Project construction within the bonded zone shall be examined and approved by the administration bureau in accordance with the relevant national and SEZ regulations, and be put on file with the city construction administration department.

  The city construction administration department shall monitor the quality and safety of project construction within the bonded zone in accordance with the law, and the administration bureau shall render assistance in this.

  Administration of construction of specialized projects shall be carried out in accordance with the relevant national and SEZ regulations.

  Article 29 Public facilities within the bonded zone shall be administered by specialist companies authorized by the administration bureau. Residential estates within the bonded zone shall be administered by the owner on his own or by an appointed administration company.

  Article 30 The bonded zone security buffer zone along the north bank of the Shenzhen River shall be used specifically for security patrols. There shall be no change of use or conduct of other business there.

  Article 31 Property rights over land and accompanying office and duty accommodation within the bonded zone used by the administration bureau and the relevant State organizations belong to the city government. The users shall not transfer or rent out such rights or property or put them to any other use for profit.

  Article 32 Property rights over real property within the bonded zone living district shall not be transferred to a work unit or individual outside the bonded zone, unless city government regulations stipulate otherwise.

  PART FIVE

  ADMINISTRATION OF TRADE

  Article 33 Trade enterprises within the bonded zone may set up production material markets and import product display and sale markets and may supply non-bonded zones within China.

  Article 34 Domestic and foreign products may be brought into the bonded zone for display and sale. Enterprises may conduct trade negotiations and place orders for goods within the bonded zone.

  Article 35 Enterprises from non-bonded zones within China with the right to conduct import and export business may, with the approval of the relevant department in charge, establish branch organizations within the bonded zone and conduct trade in accordance with the law.

  Article 36 Production-oriented enterprises within the bonded zone may import raw materials, parts and equipment required for their own production and may export their own products.

  With the approval of Customs, enterprises within the bonded zone may appoint or be appointed by enterprises from non-bonded zones within China to carry out processing industry.

  Article 37 With the approval of the relevant departments in charge, enterprises within the bonded zone may conduct equipment leasing business.

  Article 38 With the exception of commodities of which import or export is prohibited by the State or on which other special requirements are placed, goods shall move freely between the bonded zone and abroad. They shall be exempt from licences and not subject to quota restrictions. Movement of goods from the bonded zone to non-bonded zones within China, or from non-bonded zones within China to the bonded zone, shall be carried out in accordance with the relevant national regulations.

  Article 39 Sale of goods produced within the bonded zone to non-bonded zones within China shall be carried out in accordance with the relevant national regulations.

  PART SIX ADMINISTRATION OF TAX AND FINANCE

  Article 40 Goods brought from outside China into the bonded zone shall be exempt from tariffs, import consumer tax and value-added tax in accordance with national regulations, except where other laws and regulations apply.

  Goods brought into the bonded zone exempt from tariffs, import consumer tax and value-added tax which are then moved to non-bonded zones within China shall be subject to tariffs, import consumer tax and value-added tax in accordance with the relevant national laws and regulations.

  Goods transiting the bonded zone to abroad shall be exempt from tariffs, consumer import tax and value-added tax.

  Article 41 Goods produced or processed by enterprises within the bonded zone and sold within the bonded zone shall be exempt from consumer tax and value-added tax.

  Article 42 Construction materials, mechanical equipment and articles for office use imported by enterprises within the bonded zone for their own use shall be exempt from tariffs, import consumer tax and value-added tax.

  The import of a reasonable quantity of administrative equipment and articles for office use by administrative authorities within the bonded zone shall be exempt from tariffs, import consumer tax and value-added tax.

  Article 43 Goods bought in by enterprises within the bonded zone from non-bonded zones within China shall be declared to and put on file with the tax authorities. Those which meet the conditions for export tax rebates shall be processed for export tax rebates in accordance with the relevant regulations.

  Article 44 Enterprises within the bonded zone may open foreign exchange cash accounts. Enterprises which have no foreign exchange account or which have insufficient foreign exchange may buy foreign exchange from the designated banks in accordance with the regulations.

  Article 45 With the approval of the departments in charge of finance, foreign banks within the bonded zone may conduct Renminbi business.

  Article 46 With the approval of the departments in charge of securities, enterprises within the bonded zone may issue shares and bonds in China and abroad in accordance with the relevant national laws and regulations on administration of securities.

  Article 47 Enterprises within the bonded zone may settle accounts between themselves in foreign currency. The specific procedure shall be carried out in accordance with the PRC, Foreign Exchange Control in Bonded Zones Procedures.

  PART SEVEN

  MONITORING OF IMPORTS AND EXPORTS

  Article 48 Goods from outside China may be imported to and exported from the bonded zone freely, with the exception of goods of which import is prohibited by the relevant national regulations. The import and export of goods to and from the bonded zone must be declared to Customs.

  The import and export of goods, means of transport and individual possessions between the bonded zone and non-bonded zones within China shall be subject to Customs inspection in accordance with the law.

  Article 49 Transport of goods from the bonded zone to non-bonded zones within China is regarded as import. Transport of goods from non-bonded zones within China to the bonded zone is regarded as export.

  Article 50 The movement of personnel between the bonded zone and abroad must be subject to the administration of the border defence investigation authorities in accordance with the law.

  Article 51 Passes for personnel and means of transport moving between areas within China and the bonded zone shall be approved and issued by the administration bureau.

  Article 52 Movement of means of transport or other vehicles between areas within China and the bonded zone shall be by passes or plates approved and issued by the administration bureau or recognized by the administration bureau.

  Article 53 Machinery, equipment, means of transport, construction materials and articles for office use etc supplied from non-bonded zones within China to administrative organizations and enterprises within the bonded zone and to their staff shall be registered for clearance by Customs.

  Article 54 Persons of foreign nationality, overseas Chinese and compatriots from Hongkong, Macao and Taiwan in possession of a valid passport or documents can enter and leave the bonded zone via areas adjacent to it or via the special channels to and from Hongkong.

  PART EIGHT LEGAL LIABILITY

  Article 55: Persons, goods or means of transport entering or leaving the bonded zone in violation of the relevant national laws and regulations on Customs, border defence investigation, health quarantine, plant quarantine, goods inspection etc shall be penalized variously in accordance with the law by the Customs, border defence investigation, health quarantine, plant quarantine and goods inspection etc authorities.

  Article 56: Bonded zone enterprises and their personnel which are in violation of the relevant laws and regulations on trade and industry, tax, finance, foreign exchange, public security, fire prevention etc shall be penalized in accordance with the law by the law enforcement authorities.

  Article 57: Violations of planning, land or real property administration laws and regulations or of the regulations on land administration in Part Four of these Regulations shall be penalized by the administration bureau in accordance with the relevant laws and regulations.

  Article 58: Those doing business in the buffer zone in violation of Article 30 of these Regulations shall be ordered by the administration bureau to revert to their original state, shall have their illegal gains confiscated and shall be fined a sum of up to two times their illegal gains.

  Article 59: Individuals, legal persons and other economic organizations which do not agree with the administrative decisions of the administration bureau or other administrative authorities may in accordance with the law apply to the city government or the superior authority in charge of the administrative authority for the decision to be reconsidered, or bring a prosecution directly to the people's courts.

  If the party involved fails to apply for the decision to be reconsidered or to bring a prosecution within the set time, and fails to abide by the administrative decision, the administration bureau or other administrative authority shall apply to the people's courts for the decision to be enforced.

  Article 60: Staff of the administration bureau or other administrative authorities of the bonded zone who neglect their duties or act wrongly in order to benefit their friends or relations shall be given an administrative penalty by their work unit or by the superior authority. If such acts constitute a crime they shall be prosecuted for the criminal offence by the judicial authorities in accordance with the law.

  PART NINE: SUPPLEMENTARY PROVISIONS

  Article 61: The administration bureau may formulate specific administrative procedures on the basis of these Regulations and promulgate and implement such procedures once they have been reported to and approved by the city government.

  Article 62: If the provisions of these Regulations differ from those of other laws and regulations formulated by the Standing Committee of the Shenzhen City People's Congress, these Regulations shall apply within the bonded zone.

  Article 63: These Regulations shall be effective as of date of promulgation.

 
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