Notice on the Outline of the Eleventh Five-Year Plan for the Economic and Social Development of National Economic and Technological Development Zones (Shangzifa [2006] No.257) and Notice of the Ministry of Commerce on Issues Concerning the Decentralization of Foreign Investment Approval Authority (Shangzifa [2010] No.209);
The spirit of the document "Notice on the Measures for the Administration of Central Financial Discounted Funds for Infrastructure Project Loans in National Economic and Technological Development Zones and National Border Economic Cooperation Zones" (Cai Jian [2012] No.94) is as follows:
I. Administrative policies
1, adhere to and improve the streamlined and efficient management system. The management institutions of national economic and technological development zones are generally the agencies of local people's governments at or above the municipal level. Except those with the nature of an enterprise, the administrative examination and approval, economic coordination and management functions of the people's government at the same level shall be exercised according to the authorization. In principle, national economic and technological development zones shall not merge with their administrative regions or cancel the establishment of administrative committees. (Article 5 of the State Council [2005] 15)
2. Improve the management system of the development zone. In order to maintain the stability and efficiency of the operation of the "management Committee system" of national development zones, in principle, national development zones shall not be integrated with administrative institutions in their respective administrative regions.
According to the development requirements of the new era, we will study and formulate the Regulations on National Economic and Technological Development Zones, and all provinces, autonomous regions and municipalities directly under the Central Government will formulate local regulations and local government rules applicable to national development zones in their respective administrative areas according to law, so as to institutionalize a streamlined, efficient, pragmatic and convenient management system for national development zones. (Article 63 of Shangzifa [2006] No.257)
3. Reform of administrative management system. Formulate the regulations of national economic and technological development zones within their respective administrative areas, local regulations and local government regulations applicable to national development zones, further clarify the legal subject status and management authority of the administrative committees of national development zones, and improve the administrative management system.
Choose a national development zone with mature conditions for system reform and set it up as a national comprehensive reform pilot zone. (Article 86 of Shangzifa [2006] No.257)
Second, foreign investment policy.
1. The establishment of foreign-invested enterprises with a total investment of US$ 300 million in encouraged and permitted categories and US$ 50 million in restricted categories (hereinafter referred to as the quota) and their changes.
Provinces, autonomous regions, municipalities directly under the central government, cities specifically designated in the state plan, Xinjiang Production and Construction Corps, sub-provincial cities (including Harbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu and Xi) and the competent commercial departments of national economic and technological development zones (hereinafter referred to as local examination and approval authorities) are responsible for examination and approval and management.
The limit of a foreign-invested joint stock limited company is calculated according to the registered capital, the limit of its restructuring into a foreign-invested joint stock limited company is calculated according to the assessed net asset value, and the limit of foreign investors' merger and acquisition of domestic enterprises is calculated according to the merger and acquisition transaction amount. (Article 1 of Shangzifa [20/KLOC-0] No.209)
2. The local examination and approval authority is responsible for the examination, approval and management of capital increase below the single capital increase limit. (Article 2 of Shangzifa [2010] No.209)
3. The local examination and approval authorities are responsible for the examination and approval and management of the establishment and change of foreign-invested enterprises that are encouraged above designated size and do not need the comprehensive balance of the state. (Article 3 of Shangzifa [2010] No.209)
4. The local examination and approval authorities are responsible for the examination and approval and management of the establishment and change of foreign-invested companies with registered capital of less than 300 million US dollars, foreign-invested venture capital enterprises with total capital of less than 300 million US dollars and foreign-invested venture capital management enterprises. (Article 4 of Shangzifa [2010] No.209)
5. Unless the laws and regulations clearly stipulate that it shall be examined and approved by the Ministry of Commerce, the establishment and change of foreign-invested enterprises in service industry (including above scale and capital increase) shall be examined and approved and managed by local examination and approval authorities in accordance with relevant state regulations.
According to the relevant regulations, if it is necessary to obtain the pre-approval of the national industry authorities or solicit their opinions, a written document or consent shall be obtained. The establishment and change of foreign-invested enterprises in the fields of finance and telecommunications are still handled in accordance with existing laws and regulations. (Article 5 of Shangzifa [2010] No.209)
6. The local examination and approval authority is responsible for the examination and approval and management of the changes of foreign-invested enterprises approved by the Ministry of Commerce, the former Ministry of Foreign Trade and Economic Cooperation and the relevant departments of the State Council (except that the single capital increase reaches or exceeds the limit and involves the provisions of Article 5 of this Notice). (Article 6 of Shangzifa [2010] No.209)
Three. land policy
1, involving agricultural land conversion and land expropriation, which needs to be reported to the State Council for examination and approval according to law, national economic and technological development zones can organize examination and approval separately in batches according to the form of urban land use, and report to the State Council for examination and approval after approval by local people's governments at or above the county level;
Within the scope of the overall land use planning, the relevant departments shall handle the relevant procedures in a timely manner in accordance with the law for the land used for construction projects that do not change the land use and conform to the national industrial policy. (Article 7 of the State Council [2005] 15)
2. Standardize and promote the development of development zones, and give play to the carrier and platform role of development zones in system innovation, science and technology leading, industrial agglomeration and land intensive. Support the upgrading of qualified provincial development zones, support the expansion and location adjustment of qualified national and provincial development zones, and formulate support policies and measures to accelerate the construction of border economic cooperation zones. (Guo Fa [2010] No.9 18)
Fourth, fiscal and taxation policies.
1. Promote cooperation between state-level development zones and financial institutions, establish equity-based investors, invest in high-growth enterprises in the zone, and establish a financial cooperation model that promotes marketization.
Actively create conditions to support enterprises to go public. Establish and improve an open property rights trading market, carry out trust business, encourage the establishment of various forms of venture capital companies and guarantee companies, introduce and develop fund management companies, and create a standardized and orderly market environment for the entry, exit, transfer and flow of all kinds of property rights and capital. (Article 64 of Shangzifa [2006] No.257)
2. About increasing financial support. We will continue to expand the scale of discount loans for infrastructure construction projects in state-level development zones in old industrial bases such as the central and western regions and the northeast for infrastructure construction in state-level development zones.
Support state-level development zone enterprises to expand direct financing through capital markets such as stocks and bonds. Through market-oriented operation, state-level development zone investment funds will be established to support the development of high-tech industries, modern manufacturing industries and modern service industries in state-level development zones. (Article 89 of Shangzifa [2006] No.257)
3. The central government will give key discount support to development zones in the western region, strategic emerging industrial clusters and development zones with strong independent innovation capabilities. (Article 6 of Cai JianNo. [20 12]94)
4. Infrastructure projects under construction that have implemented loans and paid interest on schedule within the jurisdiction of the Development Zone may declare discount interest funds according to regulations. (Article 7 of CaijianNo. [20 12]94)
5. The Ministry of Finance shall determine the discount rate according to the budget control index of the annual discount interest funds and the declaration of the discount interest funds in the current year, and the maximum discount rate shall not exceed the benchmark loan interest rate of the People's Bank of China for the same period. (Article 8 of CaijianNo. [20 12]94)
6, the project construction period is less than 3 years (including 3 years), according to the project construction period for discount; If the project construction period exceeds 3 years, the discount will not exceed 5 years; If you buy it, it will be discounted for 2 years. (Article 9 of CaijianNo. [20 12]94)
7, the central and western regions in line with the conditions of the national economic and Technological Development Zone and high-tech development zone public infrastructure project loans to implement financial discount. (Article 25 of Guo Fa [2065438+00] No.28)
8. Continue to give financial policy support to national economic and technological development zones. National policy banks and commercial banks are encouraged to give credit support to infrastructure and public utilities projects in qualified national economic and technological development zones, and support qualified development zone enterprises to expand direct financing through the capital market. (Article 8 of the State Council [2005] 15)
9. Vigorously support the development of state-level economic and technological development zones in the central and western regions. Continue to implement the loan discount policy for infrastructure construction projects in state-level economic and technological development zones in the central and western regions, appropriately increase the scale of loan discount, and give the same discount policy to state-level economic and technological development zones in old industrial bases such as Northeast China;
The special funds for foreign trade development in the central and western regions and the aid funds from intergovernmental and international organizations can be used to support the development of national economic and technological development zones in the central and western regions and northeast regions and other old industrial bases. (Article 9 of the State Council [2005] 15)
Verb (abbreviation of verb) industrial development policy
1. Encourage multinational companies to set up R&D centers, financial centers, technical service centers, training centers, procurement centers, logistics centers, operation centers and supporting bases in national economic and technological development zones. (Guo Ban Fa [2005] 15 10)
2. Encourage qualified national economic and technological development zones to apply for the establishment of export processing zones, bonded logistics centers, export supervised warehouses and bonded warehouses; Support state-level economic and technological development zones with mature conditions to carry out joint pilot projects with export processing zones, bonded zones and bonded logistics parks to realize complementary advantages.
Take the national development zone as the leader, and promote the transformation of the national development zone from a single economic functional zone to a comprehensive industrial park to form a comprehensive industrial growth zone. (Guo Ban Fa [2005] 1 1, 15)
3. Actively create an environment of fair competition for enterprises of all ownership, guide a number of domestic-funded enterprises with high scientific and technological content and good economic benefits to settle in state-level development zones, and guide large and medium-sized state-owned enterprises to concentrate in state-level development zones, so that state-level development zones can become an effective platform for the reorganization and transformation of state-owned enterprises.
Seriously solve the practical difficulties in the development of domestic enterprises and cultivate a number of large domestic enterprises with high management level, strong comprehensive strength and high degree of extroversion. (Article 43 of No.257 [2006] of Shangzifa)
4. Actively promote the industrial adjustment, optimization and upgrading of national development zones, and the industrial promotion policies formulated by the state can be tried first in national development zones. (Article 90 of Shangzifa [2006] No.257)
5. Domestic high-tech enterprises established in national development zones recognized by provincial science and technology authorities enjoy the same preferential policies as similar enterprises in national high-tech zones; High-tech industrial innovation service centers approved by provinces, autonomous regions and municipalities directly under the Central Government enjoy the policy of high-tech industrial innovation service centers in their respective regions. (Article 92 of Shangzifa [2006] No.257)
6. Give play to the exemplary role of national economic and technological development zones and high-tech industrial development zones, and undertake the development of strategic emerging industries such as electronic information, biology, aerospace, new materials and new energy.
Encourage qualified places to strengthen the docking with the innovation elements in the eastern coastal areas, vigorously develop the headquarters economy and R&D centers, support the establishment of high-tech industrialization bases and industrial "incubators", and promote the transformation of innovation achievements. (Article 8 of Guo Fa [2065438+00] No.28)
Intransitive Verb Enterprise Support Policy
1, on improving the ability of independent innovation. Domestic high-tech enterprises established in national development zones recognized by provincial science and technology authorities enjoy the same preferential policies as similar enterprises in national high-tech zones;
High-tech industrial innovation service centers approved by provinces, autonomous regions and municipalities directly under the Central Government enjoy the policy of high-tech industrial innovation service centers in their respective regions. (Article 92 of Shangzifa [2006] No.257)
2. Support qualified enterprises to issue corporate bonds, medium-term notes, short-term financing bonds, corporate collective bonds and listing financing. (Article 26 of Guo Fa [2065438+00] No.28)
3. For projects invested in industries encouraged by the state and industries with foreign investment advantages in the central and western regions, self-use equipment imported within the total investment shall be exempted from customs duties according to regulations. (Article 25 of Guo Fa [2065438+00] No.28)
Seven, environmental protection policy
1. Encourage national development zones to carry out standardized certification of regional environmental management, and give special funds and policy support to national development zones to create "ISO 14000 National Environmental Demonstration Zone". Encourage qualified national development zones to carry out national circular economy pilot projects. (257 of 2006 96)
Eight, the policy of expanding the park and area
1. National development zones that have completed the development and construction of the original planned area approved by the State Council and need to expand the planned land area due to economic development may apply for expansion. (Shang Zi [2005] No.96 1)
2. Standardize and promote the development of development zones, and give play to the carrier and platform role of development zones in system innovation, science and technology leading, industrial agglomeration and land intensive. Support the upgrading of qualified provincial development zones, support the expansion and location adjustment of qualified national and provincial development zones, and formulate support policies and measures to accelerate the construction of border economic cooperation zones. (Guo Fa [2010] No.9 18)
3 to ensure the effective supply of production and construction land in national development zones. Improve the "Principles and Procedures for the Examination and Approval of the Expansion of National Economic and Technological Development Zones", and formulate the expansion standards of national development zones in different regions and at different stages of development in combination with the economic development status and land use level of national development zones.
For national development zones with concentrated scale, industrial agglomeration, land intensive and good economic development, if they meet the requirements and really need to expand the planned area or adjust the location, they can be reported to the State Council for approval.
The construction land use of national development zones is mainly modern manufacturing, high-tech industries and service outsourcing. Except for necessary supporting facilities, the land use shall not be changed without authorization. (Article 75 of Shangzifa [2006] No.257)
Nine. Talent policy
1. Encourage the establishment of entrepreneurial service institutions and overseas students' pioneer parks to attract high-quality talents to invest and start businesses in the area. (Guo Ban Fa [2005] 15 10)
People's Network-Thoughts on the Sustainable Development of National Economic and Technological Development Zones