Shandong Province Small and Medium Enterprises Promotion Regulations 2018 (full text)
Shandong Province Small and Medium Enterprises Promotion Regulations
Chapter 1 General Provisions
Chapter Article 1 In order to improve the development environment of small and medium-sized enterprises, safeguard the legitimate rights and interests of small and medium-sized enterprises, and promote the healthy development of small and medium-sized enterprises, these regulations are formulated in accordance with the "Small and Medium-sized Enterprises Promotion Law of the People's Republic of China" and relevant laws and regulations, combined with the actual situation of this province.
Article 2 The term “small and medium-sized enterprises” as mentioned in these regulations refers to enterprises of various ownerships and forms established in accordance with the law within the administrative region of this province and in compliance with the national standards for small and medium-sized enterprises.
Article 3 People’s governments at or above the county level shall, in accordance with the principles of active support, strengthening guidance, improving services, regulating according to law, and protecting rights and interests, incorporate the development of small and medium-sized enterprises into the national economic and social development plans and formulate corresponding measures. Improve the work coordination mechanism to promote the development of small and medium-sized enterprises and create a good development environment for small and medium-sized enterprises.
Township (town) people's governments should provide guidance and services to small and medium-sized enterprises in accordance with the law.
Article 4 The departments responsible for the work of small and medium-sized enterprises under the people's governments at or above the county level shall provide comprehensive coordination and guidance services for the work of small and medium-sized enterprises within their respective administrative regions, and shall study and propose proposals in accordance with the national guidelines, policies, laws and regulations on the development of small and medium-sized enterprises. Development strategies, planning, encouragement policies, and management measures for small and medium-sized enterprises, and supervise their implementation in conjunction with relevant departments.
Other relevant departments of the people's governments at or above the county level shall provide guidance and services to small and medium-sized enterprises in accordance with their respective responsibilities.
Article 5 The provincial statistics department shall, in conjunction with the provincial small and medium-sized enterprise affairs, industry and commerce, taxation and other departments, establish a statistical indicator system for small and medium-sized enterprises in the province and formulate a statistical system for small and medium-sized enterprises in accordance with the classification standards of small and medium-sized enterprises.
Article 6 The legitimate rights and interests of small and medium-sized enterprises are protected by law and may not be infringed upon by any unit or individual.
Article 7 Small and medium-sized enterprises shall operate legally, pay taxes in accordance with the law, be honest and trustworthy, abide by national laws and regulations on production safety, environmental protection, occupational health, comprehensive utilization of resources, social security, product quality, etc., and shall not damage National interests and social public interests.
Small and medium-sized enterprises should protect the legitimate rights and interests of employees in accordance with the law, sign labor contracts with employees in accordance with regulations, pay wages on time, and handle social insurance such as pension, unemployment, medical, work-related injury, and maternity insurance for employees.
Chapter 2 Entrepreneurship Support
Article 8 People’s governments at all levels shall, in accordance with the principles of equal access and fair treatment, protect the rights of small and medium-sized enterprises to participate in fair competition and transactions in accordance with the law. In areas not explicitly prohibited by laws and administrative regulations, small and medium-sized enterprises can enter equally.
Article 9 People’s governments at all levels should increase support for entrepreneurship, formulate and improve policies and measures to encourage entrepreneurship, improve the entrepreneurial environment, encourage independent entrepreneurship, and actively guide the establishment of science and technology, comprehensive resource utilization, and environmentally friendly enterprises. Energy-saving, modern service-oriented and other types of small and medium-sized enterprises, focusing on supporting start-up and growing small and medium-sized enterprises.
Article 10 The departments responsible for small and medium-sized enterprises under the people's governments at or above the county level shall strengthen entrepreneurship guidance and provide entrepreneurs and small and medium-sized enterprises with industrial policies, entrepreneurship training, management consulting, financing guidance, technological innovation, risk management, etc. Information and services on prevention and other aspects.
Article 11: Encourage the use of private capital and overseas capital to establish small and medium-sized enterprises in accordance with the law.
Encourage the use of intellectual property and other intangible assets as capital to establish small and medium-sized enterprises. If intangible assets are used to invest in the establishment of small and medium-sized enterprises, the proportion of the investment amount in the registered capital of the enterprise can be negotiated and agreed upon by the investing parties. If laws and regulations provide otherwise, such provisions shall prevail.
Article 12 People’s governments at or above the county level shall arrange necessary construction land for small and medium-sized enterprises in urban and rural construction plans.
Small and medium-sized enterprises can obtain state-owned land use rights through bidding, auction or agreement in accordance with the law; by establishing an enterprise jointly with rural collective economic organizations, the rural collective economic organizations will use the land use rights as shares, Joint venture to obtain collective non-agricultural construction land use rights.
Encourage the cluster development of small and medium-sized enterprises, and support the use of existing construction land, idle factory buildings, etc. to transform and build small business entrepreneurial bases. Encourage the construction and leasing of multi-story standard factory buildings.
Article 13: Founded by people who have left their jobs in state agencies and institutions, unemployed people, disabled people, graduates from high schools (middle schools), retired soldiers, people who have returned from studying abroad, scientific researchers, etc. Small and medium-sized enterprises that meet the prescribed conditions can be reduced or exempted from income tax and business tax with the approval of the tax department.
Unemployed persons who establish small and medium-sized enterprises while receiving unemployment insurance benefits can receive unemployment insurance benefits in one lump sum for no more than twelve months during the remaining benefit period as production support funds; those who meet the conditions for employment fund subsidies , you can enjoy employment subsidies in accordance with regulations.
Chapter 3 Technological Innovation
Article 14 People's governments at all levels shall encourage small and medium-sized enterprises to play the role of independent innovation entities in accordance with national industrial policies and market needs, develop new products, adopt Advanced technology, processes and equipment promote technological progress and improve independent innovation capabilities.
Article 15 People’s governments at all levels and relevant departments shall support the construction of research and development institutions and public technical service institutions that integrate industry, academia and research, and provide basic conditions and public services for scientific research and development and the transformation of scientific and technological achievements. **Serve.
Encourage industry associations or enterprises with strong independent research and development capabilities to establish or drive small and medium-sized enterprises to establish comprehensive R&D institutions to provide technical services to small and medium-sized enterprises.
People's governments at all levels and relevant departments should give priority support to various research and development institutions and public technical service institutions established by small and medium-sized enterprises in terms of construction funds, construction land, talent introduction and scientific and technological projects. .
Article 16 People's governments at all levels and relevant departments shall encourage domestic and foreign enterprises, scientific research institutions and scientific and technological personnel to establish various types of scientific and technological business incubators and scientific and technological small and medium-sized enterprises.
Small and medium-sized enterprises that carry out technological transformation and use new technologies, new processes, and new materials to develop new products, as well as equipment and expenses for technology research and development, enjoy relevant support policies stipulated by the state and the province.
Article 17 People's governments at all levels and relevant departments shall provide loan interest discounts and project subsidies to small and medium-sized enterprises that meet the prescribed conditions for technological innovation projects, technological transformation projects supporting the products of large enterprises, and energy conservation and emission reduction projects. Subsidies, tax incentives and other policy support.
Chapter 4 Market Development
Article 18 People’s governments at all levels and relevant departments shall strengthen the construction of information, logistics and other public service institutions, and guide small and medium-sized enterprises to cooperate with domestic Collaborate with large foreign companies and enter the industrial chain or procurement system of large domestic and foreign companies.
Encourage small and medium-sized enterprises to optimize and reorganize logistics resources, invest in the establishment of regional commodity exchange centers and industry product purchase and sales centers, and establish independent accounting logistics enterprises.
Article 19 People's governments at all levels shall protect the independent brands of small and medium-sized enterprises, improve the incentive mechanism for brand building, and reward enterprises that obtain famous brand products, well-known trademarks, famous trademarks, and products with protected areas of origin; If conditions are met, special funds should be set up to provide support.
Article 20: Guide small and medium-sized enterprises to actively adopt international advanced standards, improve product quality, and enhance their ability to deal with technical trade barriers.
The standardization administrative departments of the people's governments at or above the county level and other relevant departments should track and study international standards, foreign advanced standards, and technical trade measures of the province's major exporting countries and regions, and provide information and services to small and medium-sized enterprises in a timely manner.
Article 21 State agencies, institutions and organizations that conduct government procurement in accordance with the law shall promptly publish procurement information on the media designated by the government procurement supervision and management department to provide guidance and guidance for small and medium-sized enterprises to obtain procurement contracts. Serve.
Government procurement should determine a certain proportion to purchase goods, projects or services from small and medium-sized enterprises.
Article 22 Small and medium-sized enterprises that engage in activities such as overseas investment, foreign trade, labor cooperation, investment promotion, exhibitions and sales of products and technologies, and self-operated import and export business shall enjoy relevant preferential policies stipulated by the state and the province. policy. Foreign trade, customs, inspection and quarantine and other departments should provide guidance and services.
Article 23 The departments responsible for small and medium-sized enterprises under the people's governments at or above the county level shall work with relevant departments to establish and improve an early warning mechanism for industrial damage, monitor and analyze abnormal import and export situations, and promptly use trade relief measures for small and medium-sized enterprises. Provide services.
Chapter 5 Financial Support
Article 24 The people's governments of provinces and districted cities shall set up special funds to support the development of small and medium-sized enterprises, and increase them year by year based on annual fiscal revenue.
County (city, district) and township (town) people's governments should establish special funds to support the development of small and medium-sized enterprises based on local actual conditions.
Special funds for the development of small and medium-sized enterprises must be used and managed in accordance with the principle of earmarked funds, and their specific use and management methods shall be formulated by the financial department at the same level in conjunction with the department responsible for small and medium-sized enterprises.
Other special funds used by provincial finance to support enterprise development should give priority to supporting small and medium-sized enterprises that meet the investment goals of special funds.
Article 25: Encourage and guide private capital and overseas capital to establish various types of venture capital institutions to provide financial support for technological innovation and transformation of scientific and technological achievements of small and medium-sized enterprises.
Guide small and medium-sized enterprises to raise funds through equity financing, project financing, bond financing, lease financing, domestic and overseas listings and other channels in accordance with the law.
Article 26: Financial institutions should establish and improve financial service mechanisms for small and medium-sized enterprises, increase the variety of credit products, promote service innovation, broaden credit channels for small and medium-sized enterprises, and improve the financing environment for small and medium-sized enterprises.
Encourage and guide financial institutions to increase credit support for circular economy, environmental protection and energy conservation and emission reduction technological transformation projects, and give priority to providing financing services to qualified energy conservation and emission reduction projects and circular economy projects.
Chapter 6 Credit Guarantee
Article 27 The department responsible for small and medium-sized enterprises of the Provincial People’s Government shall, in conjunction with the relevant agencies of the People’s Bank of China, banking regulatory agencies and finance, industry and commerce , taxation, quality and technical supervision and other departments, establish and improve the credit collection, assessment, publicity, guarantee, risk control and breach of trust accountability systems for small and medium-sized enterprises, as well as the access system for credit guarantee institutions, and promote the construction of the credit system for small and medium-sized enterprises.
Article 28 The people's governments of provinces and municipalities divided into districts shall arrange special funds for credit guarantees for small and medium-sized enterprises to be used for the construction of credit systems for small and medium-sized enterprises as well as credit risk compensation and subsidies.
The specific use and management methods of special funds for credit guarantee shall be formulated by the financial department at the same level in conjunction with the department responsible for small and medium-sized enterprises.
Article 29: Encourage private capital and overseas capital investment to establish commercial credit guarantee institutions and inter-enterprise mutual guarantee institutions.
Small and medium-sized enterprise credit guarantee and re-guarantee institutions engaged in small and medium-sized enterprise credit guarantee business will enjoy relevant support policies.
Article 30 The departments responsible for small and medium-sized enterprises under the people's governments at or above the county level shall strengthen guidance and services for small and medium-sized enterprise credit guarantee institutions, support small and medium-sized enterprise credit guarantee institutions in establishing industry self-discipline organizations, and guide credit guarantees The industry has formed a coordination, mutual assistance, self-discipline and self-improvement mechanism to promote the standardized, orderly and healthy development of the credit guarantee system for small and medium-sized enterprises.
Chapter 7 Social Services
Article 31 People’s governments at all levels should mobilize all aspects of society to establish and improve a service system for small and medium-sized enterprises to provide services for small and medium-sized enterprises.
Relevant government departments should provide small and medium-sized enterprises with policy consultation and convenient measures in the fields of industry and commerce, finance and taxation, financing, employee personnel files, household registration management, children's schooling, housing, social insurance, etc., to improve service quality.
Article 32 People’s governments at all levels should support the establishment and standardization of self-regulatory organizations such as industry associations and chambers of commerce. Industry associations, chambers of commerce and other social intermediaries should provide small and medium-sized enterprises with social services such as entrepreneurial guidance, information consultation, marketing, investment and financing, technical support, personnel training, external cooperation, legal consultation, and protection of rights and interests.
Article 33: People’s governments at or above the county level shall create convenient conditions for the establishment of regional small and medium-sized enterprise manager talent evaluation and recommendation institutions, and actively cultivate and improve the small and medium-sized enterprise professional operator market.
People's governments at all levels should encourage and guide all aspects of society, establish and improve the training system for small and medium-sized enterprises, form a training mechanism that combines government guidance, social support and enterprise independence, and provide training for small and medium-sized enterprises in business management, professional skills and so on. Professional and technical talents in skills and technology application provide effective services.
Chapter 8 Protection of Rights and Interests
Article 34 The legitimate investments and earnings of small and medium-sized enterprises and their investors are protected by law, and no unit or individual may illegally change the property rights of an enterprise. , shall not illegally occupy enterprise property.
If it is necessary to expropriate land legally used by small and medium-sized enterprises or demolish their business premises, production and living facilities due to public interests, the government and relevant departments should assist in solving problems such as funds and construction land, and provide compensation in accordance with the law. .
Article 35: No department or unit may charge fees to small and medium-sized enterprises in addition to the charging items and charging standards stipulated by laws, regulations, national and provincial regulations; small and medium-sized enterprises shall be liable for charging fees in violation of regulations. Quan refuses.
Article 36 If relevant government departments and their staff violate the provisions of these Regulations and commit any of the following acts, they shall be ordered to make corrections by their superior administrative agency or administrative supervision agency, and the person in charge directly responsible shall be punished. and other directly responsible persons shall be subject to administrative sanctions in accordance with the law; if economic losses are caused, they shall be liable for compensation in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Misappropriation, damage, or illegal seizure, seizure, and freezing The legal property of small and medium-sized enterprises;
(2) Withholding or misappropriating special funds;
(3) Illegally imposing administrative penalties such as fines, confiscation of property, and orders to suspend production and business;
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(4) Illegal inspections and verifications;
(5) Force or disguised force on small and medium-sized enterprises to join associations, provide sponsorship, purchase products, order newspapers and magazines, and accept paid services; < /p>
(6) Violating regulations to force or force small and medium-sized enterprises to participate in evaluations, standards, appraisals, training, and assessments in disguise;
(7) Other acts that infringe upon the legitimate rights and interests of small and medium-sized enterprises.
Article 37: If the legitimate rights and interests of small and medium-sized enterprises are infringed upon, the government and relevant departments shall promptly accept complaints, reports and accusations from the parties concerned.
After receiving a complaint, report or accusation, the government and relevant departments shall deal with it within the statutory time limit; for matters that do not fall within the scope of the authority, the complainant, whistleblower or accuser shall be notified in a timely manner. Relevant departments proposed.
Chapter 9 Supplementary Provisions
Article 38 These Regulations shall come into effect on October 1, 2007.