Appendix I: Conditions and Measures on the Designation of High and NewTechnology Enterprises in National High and New Technology Industry Develoment ZonesAppendix I: Conditions and Measures on theDesignation of High and NewTechnology Enterprises in National Highand New Technology IndustryDeveloment Zones(Approved by the State Council on March 6, 1991Promulgated by theState Science Commission in March,1991)
Article 1 TheseMeasures are formulated to implement the relevant policy andprovisions on the national high andnew technology industry developmentzone approved by the high and new technology industry in our country.
Article 2 High and new technology enterprises in national high and newtechnology industry developmentzones (hereinafter referred to as theDevelopment Zones) shall be identified anddesignated according to theseMeasures.
Article 3 Scienceand technology commission in each province, autonomous region,municipality, planned separate city (hereinafterreferred to as scienceand technology commission atprovincial and city level) shall be theauthority in charge of the identification anddesignation of high and newtechnology enterprises in the Development Zones administered by thepeople's government of each province, autonomous region, municipalityplanned separate city, and shall be responsiblefor the implementation ofthese Measures. The Development Zone Officeshall, under the leadership ofthe people's government and the leadership andsupervision of the sciencecommission at provincial and city level, specifically handle theexamination and approval of the identificationand designation of the highand new technology enterprises.
Article 4 According to the current development of science and technologyin theworld, high and new technology is divided intofollowing categories: (1)microelectronics and electronic information technology; (2)space science and aerospace and aeronautical technology; (3)optoelectronics and optical, mechanical and electronic integrationtechnology; (4) lifescience and biological engineering technology; (5)material science and new materials technology; (6)energy science and new energy, high efficient energy conservationtechnology; (7) ecology and environmental science; (8)earth science and ocean engineering; (9)basic matter science and radiation science; (10)medical science and bio-medical engineering; (11)other new process or new technology applicable in the traditionalindustries. Thecategories of high and new technology shall be supplemented andamended from time to time according to theconstant development inside andoutside China, and shall be publishedby the State Science Commission.
Article 5 High andnew technology enterprises shall be knowledge-intensive andtechnology-intensive economic enterprises. High and new technologyenterprises within the Development Zones must meet the followingconditions: (1) theyare engaging in the research, development, production andsale of one or more high technologies within thescope of Article 4 andtheir products. However, pure commercialdistribution of such technologiesand their products are excepted; (2) theyare practicing independent accounting, autonomous operationand bearing their own profit and loss; (3) thepersons in charge of the enterprises with the research,development, production and sale of the productsin their enterprises, andshall be the full time personnel of theenterprises; (4)scientist and technical personnel with college and universityeducation shall account or more than 30% of all the staffs of theenterprises; scientists and technical personnelengaged in the researchand development of high and new technologyproducts shall account or morethan 10% of all the staffs of theenterprises. Forthose labor-intensive high and new technology enterprises engagingin the production or service of high and new technology products,scientists and technical personnel with collegeand university educationshall account or more than 20% of all the staffsof the enterprises; (5) theyhave more than RMB 100000 yuan as their own funds, as well asappropriates places of business and facilities corresponding to theirrespective scale of business activities; (6) morethan 3% of the gross revenue of the enterprises shall havebeen allotted as expenses of the research anddevelopment of high and newtechnology products; (7) thegross revenues of the high and new technology enterprisesshall be composed of technology income, value of the high and newtechnology products, value of the ordinary technological products andtechnology-related trade. The aggregate oftechnological income and valueof the high and new technology products shallaccount of more than 50% ofthe annual gross revenue of theenterprises. Technological income shall mean income derived from technicalonsultancy, technology transfer, technology contributed as equityinvestment, technical services, technicaltraining, technical engineeringdesign and contracts, technology export, adoption and acquisition ofimported technology and trial productions; (8) theyhave specific articles of association and strict technicaland financial administration system; (9)their terms of operation shall be more than 10 years.
Article 6 Anapplication for the establishment of high and new technology shallbe submitted to the Development Zone Office,after the Development ZoneOffice has examined and determined, theapplication shall be approved anda "Certificate of High and New TechnologyEnterprise" shall be granted bythe science and technology commission at provincial and city level.
Article 7 TheDevelopment Zone Office shall examine and verify the high and newtechnology enterprises according to theconditions set forth in Article 5on a regular basis. Those high and newtechnology enterprises that do notmeet the above conditions shall not be entitled to the policies andprovisions of the national high andnew technology industry developmentzone.
Article 8 Theduration of those classified as high and new technology productsshall be within 5 years, and duration ofthose high and new technologyproducts that have a longer technologicalcycle shall upon approval beextended to 7 years.
Article 9 High and new technology enterprises that alter their scope ofbusiness, merge with or separate from other entities, change theirproduction line, redomicile or wind-up shallapply to the Development ZoneOffice for examination and approval, and shall undertake correspondingindustrial and commercial and taxregistration.
Article 10 Scienceresearch institutes with the ownership of the whole people inthe Development Zones whose administrative andoperational expenses havebeen reduced pursuant to thestipulations of the State, that practiceindependent accounting and that meet theconditions set forth in Article 5may, upon verification by the Development ZoneOffice, be converted intohigh and new technology enterprises.
Article 11 TheseMeasures shall replace Interim Provisions on the Conditions andStandards for the Designation of High and New Technology Enterprisespromulgated by the State Science and TechnologyCommission.
Article 12 Scienceand technology commissions in each province and city shalladopt implementing rules based on these Measures. The existingimplementing rules that do not conform to theseMeasures shall be amendedin accordance with these Measures.
Article 13 The State Science Commission shall be responsible for theinterpretation and amendment to theseMeasures.
Article 14 TheseMeasures shall be implemented from the date of approval by theState Council.
Appendix II: Interim Provisions on Certain Policies Concerning National Highand New Technology Industry Development ZonesAppendix II: Interim Provisions on CertainPolicies Concerning NationalHigh and New Technology Industry DevelopmentZones(Approved by the State Council on March 6, 1991Promulgated by theState Science Commission in March,1991)
Article 1 TheseProvisions are formulated to further support the construction ofhigh and new technology industry developmentzones in our country, and topush forward the development of high and newtechnology industry.
Article 2 TheseProvisions shall apply to high and new technology enterprises inthe national high and new technology industry development zones, whichhave been designated pursuant to Conditions and Measures on theDesignation of High and New TechnologyEnterprises in National High andNew Technology Industry Development Zones made by the State ScienceCommission.
Article 3 TheseProvisions include various preferential policies except those oftaxation.
Article 4 Preferential treatment on customs duties concerning the import andexport of goods shall be handled asfollows: (1)Import of raw materials and spare parts and components byhigh andnew technology enterprises establishedin the high and new technologyindustry development zones for the manufacturingof export products shallbe exempted from import license requirement, andthe Customs shall clearthe goods upon presentation of export contractand approval document ofthe high and new technology industry developmentzone. (2)Whenapproved by the Customs, high and new technology enterprisesmay set up bonded warehouse or bonded factories in the high and newtechnology industry developmentzones. The Customs shall, pursuant torelevant provisions on processing with importedmaterials, exempt importduty and product tax and value added tax for theimport stage based on theactual manufactured and exported volume. (3)Export products manufactured by the high and new technologyenterprises shall be exempted from export dutyexcept for those productswhose export are restricted by the State orregulated by other provisions. (4)Ifthe goods under bonds are to be sold domestically, thenapproval from the original examination andapproval authority and customs'permission must be obtained and duties shall bepaid according to the law.For those products that fall into the quota and import licenseadministration by the State, the application forapproval of import shallbe submitted and approved and import licenseshall be applied for. (5)Forinstruments and equipment that can not be produced domesticallyand are needed by the high and new technology enterprises for thedevelopment of high and new technologies, importduty shall be exempted bythe Customs upon presentation of the approvaldocuments of the examinationand approval authority which are examined andverified by the Customs. When theCustoms deem necessary, it may set up offices or stationsupervision and administration group in the high and new technologydevelopment zones to administer the import andexport of goods.
Article 5 Provisions concerning import and export business. (1)Whenapproved by MOFERT, technology import and export companies maybe established in the high and new technologyindustry development zonesso as to promote the high and new technology products to enter intointernational market. (2)Pursuant to relevant provisions of the State, those high and newtechnology enterprises that have a good recordof conducting import andexport business shall be granted rights toengage in foreign trade. Whennecessitated by business operation andapproved by relevant department,high and new technology enterprises may set upbranches and subsidiariesabroad.
Article 6 Provisions on funding and credits. (1)Thebanks shall provide active support to the high and newtechnology enterprise, and shall endeavor toarrange funds needed in theirdevelopment, production and construction. (2)Thebanks may arrange the issuance of long-term bonds withincertain quota by the high and new technologydevelopment zones so as toraise funds from the society and support thedevelopment of high and newtechnology industry. (3)Relevant departments may establish venture capital funds fordevelopment of high and new technology products in the high and newtechnology industry development zones. In themore matured high and newtechnology industry development zones, venturecapital companies may beset up.
Article 7 Capitalconstruction project for the production and operation of thehigh and new technology enterprisesshall be arranged for constructionaccording to uniform planning, and shall begiven priority in having thesame included in local fixed asset investmentscale.
Article 8 Whenapproved by local people's government, high and new technologyenterprises may be exempted from subscribing the bonds for State KeyConstruction.
Article 9 Ifall the indicators of the high and new technology productsdeveloped by the high and new technology enterprises have reached thelevel of the imported products of the samekind, and the high and newtechnology enterprises posses certain production capacity, after theeview and determination by the State Science Commission and relevantdepartment, such products shall becontrolled pursuant to the existingimport administration measures.
Article 10 Newproducts development by the high and new technology enterpriseswhose prices are controlled by the State(including the prices fixed bythe State and prices guided by the State), theenterprises may fixed thesales promotion prices by themselves andfile the same with the priceadministration department and its superiordepartment in charge within theprescribed sales promotion period, except thatthe prices of certain typeof products shall be determined bythe price administrative department.The enterprises may fix the price of those high and new technologyproducts which are not subject to the pricecontrol of the State.
Article 11 Instruments and equipment used by the high and new technologyenterprises for the development of high and newtechnology and productionof high and new technology productsmay adopt accelerated depreciation.
Article 12 Providedthat the portion to be handed over to central treasury shallnot be affected, when approved by local people'sgovernment, all taxes andcharges paid by the high and new technologyenterprises in 1990 shall beused as a base figure. Any additional taxespaid on top of that shallwithin 5 years be fully refunded to high and new technology industrydevelopment zones and shall be used forthe construction of developmentzones.
Article 13 Businessand technology personnel of the high and new technologyenterprises who make multiple trips abroad shallfollow the Guo Ban Fa(1990) No. 9 Document.
Article 14 Whenarranging employment and recruiting employees, each region andeach department shall give prior considerationto the needs of high andnew technology enterprises for graduate, post-graduate students andreturned Chinese students and exports fromabroad.
Article 15 The people's government of each province, autonomous region,municipality or planned separate city where high and new technologyindustry development zone arrived bythe State are situated may adoptdetailed implementing measures according tothese Provisions.
Article 16 TheState Science Commission and relevant department shall conductperiodic inspection to the high andnew technology industry developmentzones. For those national high and new technology industry developmentzones that are poorly managed or whose progress are sluggish, theapplicable preferential policies shall beterminated, or even the statusof national high and new technologyindustry development zone shall beremoved.
Article 17 The State Science Commission and relevant departments shall beresponsible for the interpretation of theseProvisions.
Article 18 TheseProvisions shall be implemented from the date of approval by theState council.