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深圳经济特区外商投资出口企业和先进技术企业确认考核办法 Measures of the Shenzhen Special Zone on the Confirmation and Assessment of Foreign-Invested Exporting Enterprises and Advanced Technology Enterprises

2006-05-12 17:04   我要纠错 | 打印 | 收藏 | | |

颁布日期:19940129  实施日期:19940129  颁布单位:深圳市政府

  Article 1 According to Rules of the State Council on Encouraging Foreign Investment (hereinafter referred to as Rules) , these measures are hereby formulated in the light of the practical conditions of the Shenzhen Special Zone in order to have good performance in the confirmation and assessment of foreign-invested product exporting enterprises and advanced technology enterprises referred to in Article 2 of Rules.

  Article 2 The enterprises with Chinese and foreign investment, cooperative enterprises, enterprises with exclusive foreign capital (hereinafter abbreviated as foreign-invested enterprises) which have been approved to be established in the Shenzhen Special Economic Zone according to law, meet the requirements for product exporting enterprises and advanced technology enterprises, and receive certificates after confirmation and assessment, shall enjoy the related preferential treatments listed in Rules and prescribed by the Shenzhen Special Economic Zone.

  Article 3 A foreign-invested enterprise which meets the following requirements shall be confirmed as a product exporting enterprise:

  (1) the enterprise must be one producing goods for exporting;

  (2) the products are mainly used for export (including export by the enterprise itself, export by a foreign trade company by entrustment, import substituting, and other ways of export) , the value of export products of a year shall be more than 50% of the total value of all products in that very year;

  (3) through export of its products, the enterprise is capable of making a balance between revenue and expenditure in operating foreign exchange or a surplus in that very year (the calculation formula: the surplus of foreign exchange at the end of a year is equivalent to the surplus carried forward from the last year plus the revenue in operating foreign exchange realized in the current year minus the expenditure in operating foreign exchange in the current year) .

  Article 4 If the value of annual export products of a product exporting enterprise

  which meets the requirements in Article 3 reaches more than 70% of the total value of its all products in that very year and the enterprise is graded as qualified in the annual assessment, the enterprise may “have tax cut by paying corporate income tax at the tax rate of 10%” according to Article 8 of Rules.

  Article 5 A foreign-invested enterprise which meets the following requirements shall be confirmed as an advanced technology enterprise:

  (1) the technology, technique, and main equipments adopted by the foreign-invested enterprise fall into the state-announced investment projects to be encouraged and are characterized by their advancement and suitability;

  (2) there is a shortage of its products or its products are newly developed and now replacing the domestic products of the same kind.

  Article 6 If an enterprise meets the requirements to be both product exporting

  enterprise and advanced technology enterprise, it may apply for examination and confirmation, but shall enjoy the preferential treatments of only one kind of the enterprises.

  Article 7 Product exporting enterprises and advanced technology enterprises shall be examined by the bureau of economic development of the municipal government (hereinafter referred to as “the municipal bureau of economic development”) jointly with the leading group‘s office of introduction of foreign capital of the municipal government, municipal bureau of science and technology, municipal bureau of taxation, Shenzhen sub-bureau of the State Administration of Foreign Exchange and Kowloon customs. Any foreign-invested enterprises which meet the requirements in Articles 3, 4, 5 of these measures may submit the following documents to the municipal bureau of economic development and apply for examination and confirmation:

  (1) written applications for product exporting enterprises or advanced technology enterprises;

  (2) copies of the documents of approval of establishment of the enterprises;

  (3) other documents, statistical forms needed for confirmation and assessment.

  The application for advanced technology enterprises shall be dealt with according to Regulations on the Administration of Contracts of Technology Introduction and Provisional Rules of the Shenzhen Special Economic Zone on Technology Introduction.

  Article 8 After receiving the documents and materials listed in Article 7, the municipal bureau of economic development shall directly conduct examination in case of application for product exporting enterprises; the bureau shall conduct examination jointly with the municipal bureau of science and technology in case of application for advanced technology enterprises. After examination, reports shall be filed in batches to the municipal government for approval.

  Article 9 From July 1, 1987, when examining and approving the projects of a newly established foreign-invested enterprise, the preliminary examination and evaluation of its qualifications as a product exporting enterprise or an advanced technology enterprise may be conducted at the same time if an application for doing so has been filed, if an enterprise meets the requirements of these measures, it shall be re-examined, evaluated every half year, and given a confirmation certificate.

  Article 10 Application for Product Exporting Enterprise, Application for Advanced Technology Enterprise, and confirmation certificates shall take the form drawn up unitarily by the Ministry of Foreign Trade and Economic Cooperation. A confirmation certificate shall be signed and sealed by the municipal bureau of economic development. The original certificate shall be given to the enterprise. Its copies shall be given respectively to the related departments both for record and as a basis to process various preferential treatments. At the same time, the confirmation along with the enterprise‘s written application shall be reported to the Ministry of Foreign Trade and Economic Cooperation and the State Economic and Trade Commission for record.

  Article 11 A foreign-invested enterprise shall, according to the related rules of the state, draw up its annual export plan on its own and regularly submit a statistical statement of real progress in export and statements of various economic targets, technological targets of the enterprise for the municipal bureau of economic development to examine as a basis to make an assessment of product exporting enterprises or advanced technology enterprises.

  Article 12 In compliance with Articles 3, 4, 5 of these measures, the municipal bureau of economic development shall, jointly with the related responsible departments, make an examination and assessment of an enterprise‘s export plan, annual real progress in export and technological targets, product quality, degree of domestication of products, annual balance of foreign exchange, economic performance year by year.

  Article 13 Each year the municipal bureau of economic development shall compile a collection of name lists of product exporting enterprises and advanced technology enterprises which are graded as qualified in assessment and reported to the related departments. These enterprises shall continue to enjoy various preferential treatments in the new year.

  If an enterprise is graded as unqualified in assessment at the end of a year, it shall pay the tax which has been cut or exempted from in that very year as a preferential treatment enjoyed by a product exporting enterprise or an advanced technology enterprise.

  If a confirmed product exporting enterprise or advanced technology enterprise has been graded as unqualified in assessment for three consecutive years because of its production and operation, the municipal bureau of economic development shall, jointly with the related responsible departments, verify the facts and revoke its confirmation certificate of product exporting enterprise or advanced technology enterprise.

  Article 14 The items of the confirmation and assessment which have not been prescribed by these measures shall be dealt with according to the related rules of the state and province.

  Article 15 The confirmation and assessment of the foreign-invested enterprises in Baoan District and Longgang District which meet the requirements for product exporting enterprises or advanced technology enterprises shall be conducted in the light of these measures.

  Article 16 These measures shall take effect as of the date of promulgation.

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