(Adopted at the 21st Meeting of the Standing Committee of the Seventh Shenzhen Municipal People’s Congress on October 31, 2023.)
Chapter IGeneral Provisions
Article 1 To improve the mechanisms for protecting investors’ rights and interests in Qianhai Shenzhen-Hong Kong SAR Modern Service Industry Cooperation Zone (hereinafter referred to as Qianhai Cooperation Zone), ensure a market-oriented, law-based and international first-class business environment, and promote the exploration, construction and development of Qianhai Cooperation Zone, these Regulations are formulated in accordance with the foundational principles specified in relevant laws and regulations.
Article 2 These Regulations shall apply to the protection of the rights and interests of the investors and the enterprises in which they invest in Qianhai Cooperation Zone.
Investorsas mentioned in the preceding paragraph refer to domestic and overseas natural persons, legal persons and unincorporated organizations that invest in or acquire enterprises in Qianhai Cooperation Zone. Enterprises as mentioned in the preceding paragraph refer to the enterprises lawfully registered in Qianhai Cooperation Zone.
Article 3 Qianhai Cooperation Zone shall follow relevant laws and regulations on the protection of investors’ rights and interests and the national rules concerning the protection of the legitimate rights and interests of enterprises and investors, the promotion of convenient and free investment and trade, the maintenance of a fair market and the facilitation of a market-oriented, law-based and international first-class business environment. Efforts shall also be made to actively develop specific innovative measures for protecting investors’ rights and interests based on actual circumstances.
Article 4 Shenzhen Municipal People’s Government shall strengthen its leadership in the protection of investors’ rights and interests in Qianhai Cooperation Zone and coordinate the resolution of major issues in the protection of investors’ rights and interests in Qianhai Cooperation Zone.
Qianhai Shenzhen-Hong Kong SAR Modern Service Industry Cooperation Zone Administration (hereinafter referred to as Qianhai Administration) shall take specific measures and coordinate relevant parties to protect investors’ rights and interests in Qianhai Cooperation Zone.
Relevant authorities of Shenzhen Municipal People’s Government and district people’s governments shall protect investors’ rights and interests in Qianhai Cooperation Zone within their respective duties.
Article 5 All trade associations and chambers of commerce shall, in accordance with laws, regulations and articles of association, strengthen industry self-discipline, promptly report industry needs, and provide enterprises and investors with such services as information consulting, publicity, training, market development, rights and interests protection, and dispute resolution.
It is encouraged that trade associations and chambers of commerce from Hong Kong SAR and Macao SAR set up offices in Qianhai Cooperation Zone to promote exchanges and cooperation among entrepreneurs.
Chapter II Investment Facilitation
Article 6 Qianhai Administration shall establish a system for evaluating market access effectiveness to regularly monitor and evaluate the implementation of market access policies and ensure the all-round implementation of the negative list for market access.
Article 7 Qianhai Cooperation Zone shall deepen the reform of the administrative confirmation system for commercial registration, further optimize commercial registration procedures, improve registration services, and ensure a more friendly, convenient and efficient investment environment.
Article 8 Qianhai Cooperation Zone shall establish and implement the system of enterprise commitment and instant business licensing. For industries not involving national security, social stability, ecological safety, prudential supervision of the financial industry, or significant public interests, market entities can obtain administrative licenses by providing a written commitment to guarantee that they meet the standards and requirements for licensed operation and by submitting necessary documents.
Specific implementation measures for the system of enterprise commitment and instant business licensing shall be formulated separately by Shenzhen Municipal People’s Government.
Article 9 Qianhai Cooperation Zone shall promote the application of electronic business licenses, allowing enterprises to use their electronic business licenses for all government services except for change, cancellation and renewal of their business licenses.
Article 10 Qianhai Administration shall, in accordance with the needs of national industrial development and the construction and development of Qianhai Cooperation Zone, compile, publish and dynamically adjust a guidance catalog for key investment industries, so as to encourage enterprises and investors to actively participate in the investment, development and construction of key industries in Qianhai Cooperation Zone.
Article 11 Qianhai Administration shall categorize preferential investment policies by industry type and accurately promote these policies to enterprises by using big data.
Qianhai Administration shall optimize the implementation mechanism for preferential policies for enterprises. Qualified enterprises shall be exempt from application and can directly benefit from relevant preferential investment policies.
Article 12 Qianhai Administration shall leverage Qianhai’s geographical advantages and industrial advantages brought by the agglomeration of the modern service industry, focus on fields such as finance, trade, logistics, information, technology, cultural creativity, commerce, ocean shipping and public services, and attract well-known service providers from both domestic and overseas markets to invest and develop in Qianhai Cooperation Zone.
Article 13 Qianhai Administration shall advance online and offline integration services through Qianhai’s government service platform. A dedicated section for enterprise startup services shall be established on the platform. The system will be optimized for streamlined services, featuring parallel processing by multiple departments and time-limited approvals.
Qianhai Administration shall, in collaboration with relevant authorities of Shenzhen Municipal People’s Government, establish cross-border service sites in Hong Kong SAR and Macao SAR that provide policy interpretation and consulting services, including commercial registration and tax incentives, to facilitate investment from overseas institutions and individuals in Qianhai Cooperation Zone.
Article 14 Financial institutions in Qianhai Cooperation Zone shall, in accordance with the law, follow national regulations on free remittance and deposit of foreign investors’ capital contributions, profits, capital gains, proceeds from assets disposal, intellectual property royalties, lawfully obtained compensation or damages, and liquidation proceeds, and ensure that remittance and deposit are processed without delay.
Article 15 Qianhai Administration shall strengthen its communication and coordination with the institutions of the People’s Bank of China in Shenzhen and encourage commercial banks to provide efficient and convenient cross-border settlement services for qualified enterprises in Qianhai Cooperation Zone that engage in new-type offshore international trade, including legitimate and legal offshore resale, global procurement, entrusting overseas processing and overseas purchasing for contract projects.
Article 16 With the consent of Hong Kong SAR residents, qualified Hong Kong SAR-funded commercial banks in Qianhai Cooperation Zone may, in accordance with the law, share the credit information of these Hong Kong SAR residents that are kept by their Hong Kong SAR parent banks and provide financial services for these Hong Kong SAR residents, including credit for investment, employment and living in Qianhai Cooperation Zone.
Qianhai Administration shall, in collaboration with relevant authorities of Shenzhen Municipal People’s Government, strengthen its communication and coordination with the branch of the People’s Bank of China in Shenzhen and support the credit investigation institutions in Qianhai Cooperation Zone in conducting cross-border credit investigations, thereby facilitating the financing of enterprises.
Article 17 Qianhai Administration shall, in collaboration with the Customs and other relevant authorities, leverage the international trade single window and advance the development of a big data platform for cross-border trade in Qianhai Cooperation Zone to enrich and improve the application scenarios of cross-border data. These initiatives shall enable the interconnection of cross-border data, mutual recognition of trade documents, supervision, mutual assistance, and the improvement of government services for cross-border trade.
Chapter III Protection of Rights and Interests
Article 18 Qianhai Administration shall, in collaboration with relevant authorities of Shenzhen Municipal People’s Government and district people’s governments, establish well-functioning mechanisms for protecting the legitimate rights and interests of enterprises and investors, safeguarding the legitimate rights and interests of enterprises and investors lawfully, promptly and fairly within their respective duties.
Article 19 Qianhai Administration shall, in collaboration with relevant authorities of Shenzhen Municipal People’s Government, formulate a list of circumstances where market entities are exempt from administrative compulsory measures in Qianhai Cooperation Zone, clarify the specific circumstances where such measures shall not be taken, and ensure that administrative compulsory measures are taken prudently and lawfully, thereby minimizing the impact on the normal business activities of market entities.
Article 20 Qianhai Administration shall strengthen the administration of government procurement and improve the government procurement process. When procuring from a sole source, the reason for adopting this procurement method must be provided when announcing the transaction result.
Article 21 The municipal intellectual property authority shall continuously optimize the public service system for intellectual property protection in Qianhai Cooperation Zone. With the assistance of China (Shenzhen) Intellectual Property Protection Center, it shall provide enterprises and investors with services including intellectual property planning and layout counseling, pre-examination of patent applications, pre-examination of patent evaluation reports, one-stop collaborative protection, patent navigation and early warning, and intellectual property analysis and review.
Article 22 Qianhai Administration shall, in collaboration with the municipal intellectual property and commerce authorities and trade promotion agencies, support the Shenzhen Branch of National Overseas Intellectual Property Dispute Response and Guidance Center in improving the mechanisms for early warning and monitoring of overseas risks, information-sharing about overseas disputes and overseas rights protection services in Qianhai Cooperation Zone and providing overseas intellectual property risk prevention and dispute response services for enterprises and investors.
Article 23 If an enterprise in Qianhai Cooperation Zone is affected by discriminatory foreign restrictive measures and reports to Qianhai Administration, Qianhai Administration shall, in collaboration with relevant authorities, provide guidance and assistance for the enterprise in addressing such discriminatory foreign restrictive measures.
Article 24 Qianhai Administration shall, in collaboration with the municipal commerce authority, establish a site for protecting investors’ rights and interests in Qianhai Cooperation Zone and a corresponding online platform to coordinate and address issues related to the protection of the rights and interests of enterprises and investors.
Article 25 Qianhai Administration shall lead the establishment of a coordination mechanism for investment-related complaints in Qianhai Cooperation Zone, regularly organize meetings, enhance cooperation and information exchanges among relevant parties in the protection of investors’ rights and interests, and coordinate relevant parties in handling complaints that involve several authorities or have a major impact.
Article 26 Qianhai Administration shall annually publish a white paper on the investment environment in Qianhai Cooperation Zone. The white paper shall cover the protection of the legitimate rights and interests of enterprises and investors, satisfaction assessment, monitoring of enterprise burdens, improvements in the investment environment, relevant typical cases, major issues involved, and proposed improvement measures.
Chapter IV Supervision and Administration
Article 27 Qianhai Administration shall promote the establishment of a well-functioning coordination mechanism between the comprehensive supervision authority and the industry supervision authority, fully implement the checklist-based supervision and joint inspection system, and facilitate the sharing of law enforcement information and mutual recognition of enforcement outcomes.
Article 28 Enterprises that engage in new technologies, new industries, new business forms and new models in Qianhai Cooperation Zone shall be subject to inclusive and prudent supervision. Flexible regulatory approaches shall be actively employed to guide enterprises toward compliant operations, including direction about publicity and compliance, administrative advisories, administrative interviews, and administrative warnings.
Article 29 Qianhai Administration shall establish a public service platform for enterprise compliance. It shall utilize modern information technologies, including artificial intelligence, big data and cloud computing, provide enterprises with compliance risk assessment services, and guide enterprises in formulating compliance management norms, establishing compliance risk prevention and reporting mechanisms, and forming compliance management systems.
Article 30 Qianhai Administration shall, in collaboration with relevant authorities, implement classified and graded supervision over cross-border data transmission in Qianhai Cooperation Zone, compile the catalog for data under classified and graded supervision, clarify supervision standards, and facilitate safe and efficient data circulation.
Article 31 The Fair Competition Commission (hereinafter referred to as the Fair Competition Commission) shall be established in Qianhai Cooperation Zone to serve as a deliberation and coordination body. The Fair Competition Commission shall mainly perform the following duties:
(1) Analyzing and formulating policies and documents concerning the fair competition system in Qianhai Cooperation Zone;
(2) Organizing investigations and evaluations of market competition in Qianhai Cooperation Zone, and releasing investigation and evaluation reports;
(3) Organizing and inspecting the implementation of fair competition reviews in Qianhai Cooperation Zone;
(4) Organizing and conducting publicity and guidance on lawful and fair competition in Qianhai Cooperation Zone;
(5) Communicating and exchanging ideas with fair competition commissions in Hong Kong SAR, Macao SAR, and other overseas regions and aligning fair competition rules with those in Hong Kong SAR, Macao SAR, and other overseas regions;
(6) Undertaking other matters concerning fair competition assigned by Shenzhen Municipal People’s Government.
Article 32 Qianhai Administration shall establish a centralized and independent review system for fair competition in Qianhai Cooperation Zone to conduct joint reviews of major policies and measures concerning fair competition reviews. Specific measures shall be formulated separately by Qianhai Administration in collaboration with the municipal market regulation authority and submitted to Shenzhen Municipal People’s Government for approval before implementation.
Article 33 The Fair Competition Commission may establish an expert consultation database, involving experts, scholars, and professional legal service agencies from Hong Kong SAR and Macao SAR in third-party assessments of industry competition, research projects, fair competition reviews, and the evaluation of law enforcement cases.
Chapter V Legal Services
Article 34 Qianhai Shenzhen-Hong Kong SAR International Legal Affairs Zone shall be established to encourage overseas law firms to set up offices in Qianhai Cooperation Zone, support both domestic and overseas law firms in establishing joint ventures in Qianhai Cooperation Zone, and foster the development of legal service institutions such as notarization, judicial appraisal, legal aid, and corporate compliance management, providing diversified legal services for enterprises and investors.
Article 35 Qianhai Administration shall coordinate relevant institutions, departments and organizations in Qianhai Cooperation Zone to establish a coordinated mechanism for addressing civil and commercial disputes. Qianhai Administration shall encourage trade associations and chambers of commerce to establish industry-specific and professional mediation organizations to participate in the resolution of civil and commercial disputes.
Article 36 Qianhai Administration shall establish an international commercial dispute resolution platform in Qianhai Cooperation Zone to enhance the coordination of litigation, mediation and arbitration procedures and improve the alternative dispute resolution mechanism for international commerce.
Article 37 Arbitration institutions in Qianhai Cooperation Zone shall increase cooperation and exchanges with overseas arbitration institutions and improve international mechanisms for legal services and dispute resolution.
It is encouraged that arbitration institutions in Qianhai Cooperation Zone introduce well-known overseas arbitration institutions through cooperative arrangements and engage in foreign-related civil and commercial arbitration and mediation in accordance with the law.
Article 38 Shenzhen Qianhai Cooperation Zone People’s Court, arbitration institutions and mediation organizations in Qianhai Cooperation Zone shall strengthen exchanges and cooperation with overseas mediation organizations, and encourage qualified overseas mediators to participate in the mediation of international civil and commercial disputes.
Shenzhen Qianhai Cooperation Zone People’s Court shall explore ways to invite qualified mediation organizations from Hong Kong SAR and Macao SAR as specially invited mediation organizations. Mediation agreements issued by these organizations may be judicially confirmed upon application by the parties involved.
Article 39 Shenzhen Qianhai Cooperation Zone People’s Court shall take the lead in advancing the reform of the mechanism for ascertaining and applying foreign law, broaden the channels and methods for ascertaining foreign law, support legal professionals from Hong Kong SAR and Macao SAR in assisting with the ascertainment of law for case trials, and strengthen the ascertaining and application of foreign law in protecting the legitimate rights and interests of cross-border commerce investors.
Article 40 Shenzhen Qianhai Cooperation Zone People’s Court shall improve the rules on adjudication of intellectual property cases and explore methods to determine the amount of damage compensation in Qianhai Cooperation Zone within the existing legal and regulatory framework, including by referring to the market value of the intellectual property.
Chapter VISupplementary Provisions
Article 41 Professional service institutions without legal person status established by investors in Qianhai Cooperation Zone, self-employed people, and other market entities shall be subject to these Regulations by reference.
Article 42 These Regulations shall come into force on December 1, 2023.
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