(Adopted at the Second Meeting of the Standing Committee of the Fifth Shenzhen Municipal People’s Congress on July 26, 2010)
Chapter I General Provisions
Article 1 In order to improve the environment to start a business, promote the development of small and medium-sized enterprises, and keep the sustainable economic growth, these regulations are hereby formulated in accordance with the related laws, administrative regulations of the state and in light of the actual conditions of the Shenzhen Special Economic Zone.
Article 2 The small and medium-sized enterprises referred to in these regulations shall mean the various enterprises which are established in this city according to law and meet the standards of this city on the classification of small and medium-sized enterprises in terms of the scale of production and operation, including medium-sized enterprises, small-sized enterprises, and mini-sized enterprises.
The municipal people’s government (hereinafter referred to as the municipal government) shall formulate the standards on the classification of small and medium-sized enterprises in accordance with the indexes of the general assets, total sales, number of employees, etc. of enterprises and in light of the distinctive features of industries, and make them public.
Article 3 The municipal government shall take the promotion of the development of small and medium-sized enterprises as a guiding strategy for the economic development of this city, make medium- and long-term plans for the promotion of the development of small and medium-sized enterprises, and formulate special policies to support small and medium-sized enterprises.
Article 4 The municipal, district governments and related departments shall protect the rights of small and medium-sized enterprises to participate in fair competition and fair trade according to law, and safeguard the legitimate rights and interests of small and medium-sized enterprises.
Article 5 The municipal government shall promote the development of the credit system of small and medium-sized enterprises, improve the system of credit rating and penalty for default.
Chapter II Public Service
Article 6 The municipal government shall set up a leading group for the development of small and medium-sized enterprises (hereinafter referred to as the leading group) to exercise unitary leadership in the work on small and medium enterprises of the whole city.
The leading group shall have a meeting at least once in a quarter to study and solve the major problems concerning the development of small and medium-sized enterprises, and coordinate the policies and measures of various departments related to small and medium-sized enterprises.
The chairmanship of the leading group shall be held by the mayor as a concurrent post, and the members of the group shall include the leading officials in charge of the departments of development and reform, science, industry, trade and information, finance, planning and land, human resources and security, taxation, market regulation, banking, etc.
Article 7 The municipal government shall report the development of small and medium-sized enterprises to the standing committee of the municipal people’s congress every first half a year. The report shall include the following items:
(1) the basic conditions of the development of small and medium-sized enterprises in the pervious year;
(2) the use of the funds for the support of the development of small and medium-sized enterprises;
(3) the implementation of the policies on the support of small and medium-sized enterprises;
(4) the existing problems for the development of small and medium-sized enterprises and the measures to deal with them;
(5) the other items which should be reported.
The standing committee of the municipal people’s congress may, according to
special situations, ask the municipal government to give special reports on specific matters concerning small and medium-sized enterprises.
Article 8 The municipal, district governments shall, through various channels, encourage small and medium-sized enterprises to participate in making the policies on public administration.
If their major policy decisions are related to the interests of enterprises, the municipal, district governments and related departments shall call hearings or adopt the other forms to listen to the opinions and suggestions from the related small and medium-sized enterprises and social organizations such as trade associations, chambers of commerce, etc.
Article 9 The municipal department of science, industry, trade and information shall be the responsible department for the work on small and medium-sized enterprises (hereinafter referred to as the responsible department), provide comprehensive coordination, direction and service for the work on small and medium-sized enterprises of the whole city, and execute the following duties:
(1) to organize the implementation of the laws, regulations, policies related to the development of small and medium-sized enterprises, to draft the preferential policies to encourage the introduction and promotion of the development of small and medium-sized enterprises;
(2) to organize the implementation of the plans for the promotion of the development of small and medium-sized enterprises;
(3) to establish the public service platforms for small and medium-sized enterprises in order to provide for small and medium-sized enterprises the information service and guidance on policy, market, technology, talent, government purchase, property trade, cooperation in funds and projects to start a business, business subcontracting, etc.;
(4) to accept the complaints and suggestions from small and medium-sized enterprises, and to safeguard the legitimate rights and interests of small and medium-sized enterprises;
(5) the other duties to promote the development of small and medium-sized enterprises stipulated by laws, regulations.
Article 10 The municipal departments of development and reform, statistics
shall, jointly with the responsible department and the departments of taxation, market regulation, etc., establish the small and medium-sized enterprises oriented systems of classified statistics, monitoring, analysis, and news release, and carry on the work of statistics and analysis concerning small-sized and mini-sized enterprises.
Article 11 According to the needs of the development of small and medium-sized enterprises, the municipal department of planning and land shall jointly with the responsible department lay down the plans for the land use in the development of small and medium-sized enterprises, promote the building of the industrial parks of small and medium-sized enterprises, and reasonably satisfy the demands of small and medium-sized enterprises for land.
Small and medium-sized enterprises shall be encouraged to use now available land for the intensive development, and raise the efficiency of land use.
Article 12 The related departments of the municipal government shall simplify procedures, raise efficiency, and provide convenient services for the establishment of small and medium-sized enterprises and for their production and operation.
The items, standards, and procedures of the administrative examination and approval shall be open, normative.
Article 13 The municipal, district governments and their related departments may, by means of purchasing services, entrust social organizations such as trade associations, chambers of commerce, social service agencies, etc. with providing public services for small and medium-sized enterprises.
Article 14 The related departments of the municipal, district governments shall post at their websites and their reception windows the information concerning small and medium-sized enterprises such as working procedures, time limits, materials to be reported, fee rates, preferential policies for starting a business, etc. and service commitments.
The office of supervision shall jointly with the responsible department establish the mechanism to supervise the procedures and to evaluate the feedback, monitor the working procedures of the related departments to serve small and medium-sized enterprises, and provide the information for the related departments of the governments to optimize their service procedures.
Article 15 The social organizations such as trade associations, chambers of commerce, etc. shall safeguard the legitimate rights and interests of small and medium-sized enterprises according to law, report the needs and suggestions of small and medium-sized enterprises to the governments and their related departments, and carry out the activities to promote the development of small and medium-sized enterprises.
Article 16 Natural persons, legal persons, and other organizations shall be encouraged to organize and establish the institutions providing specifically for small and medium-sized enterprises various socialized services.
The financial subsidy mechanism shall be established and improved, and social service institutions shall be supported in providing for small and medium-sized enterprises the services such as advice on starting a business, market developing, technological support, information service, management consultation, talent training, quality inspection, etc.
Chapter III Support for Starting a Business
Article 17 Natural persons, legal persons, and other organizations shall be encouraged to found various kinds of enterprises, and small and medium-sized enterprises shall be encouraged and led to develop the newly emerging strategic industries.
The person who failed in starting a business and now starts a business again shall equally enjoy the preferential policies of the government and the service of providing advice on how to start a business.
Article 18 Natural persons, legal persons, and other organizations shall be encouraged and led to provide social funds and the cooperative platform service for the projects of starting a business.
Article 19 The educational institutions of this city such as vocational high school, vocational institutes of technology, universities and colleges, etc. shall be encouraged to carry out the education on starting a business, and pass on the basic ideas and methods of starting a business.
Vocational high schools, vocational institutes of technology, universities and colleges may provide for registered students the trial and training platform for starting a business.
Article 20 The responsible department, departments of human resources and security, taxation, market regulation, etc. and the related departments of district governments shall strengthen the service for starting a business, provide for the persons starting a business the guidance and service such as policy advices, training for starting a business, etc.
Article 21 The responsible department shall organize the related experts and businessmen into an expert team of advising on starting a business in order to provide for the persons starting a business the service of advising on starting a business at various levels.
Social service organizations shall be encouraged to provide the service of advising on starting a business by various means.
Article 22 If the following persons who have the registered permanent residence in this city start a business independently or by partnership, they may apply for secured small loans to the district agency of employment service of the place where they have the registered permanent residence, and enjoy the related preferential policies:
(1) the registered unemployed persons;
(2) the graduates from universities and colleges, secondary schools, special schools and technical schools who have graduated for less than 2 years;
(3) the returned students from abroad;
(4) the ex-servicemen, family members of officers accompanying the army;
(5) the disabled.
If it is the first time to file an application for a secured small loan for a
business making a bare profit, the government shall pay the interests in full.
Article 23 The municipal, district governments shall strengthen the planning and building of the bases for small and medium-sized enterprises to start a business, reinforce the service function of the bases for starting a business to provide for the persons starting a business the training for starting a business, project planning, technological support, financing guarantee, commercial representation, etc.
Natural persons, legal persons, and other organizations shall be encouraged and assisted to use the existing development zones, industrial parks of high and new technologies, old urban areas, idle factory buildings, etc. in their investment in the building of the bases for small and medium-sized enterprises to start a business.
The municipal, district government shall provide certain financial aid to the various industrial parks, bases for starting a business built by the investment of social funds.
The responsible department shall, jointly with the department of human resources and security, establish and improve the mechanism of the assessment and reward of the bases for starting a business.
Article 24 The bases for starting a business built by the investment or financial aid from the municipal, district governments shall give priority to accepting the small-sized and mini-sized enterprises of the industries encouraged to develop by this city.
Chapter IV Promoting Innovation
Article 25 The municipal government shall make a unitary plan for building the public technological service platforms.
The governments shall make investment in the building of the public technological service platforms that play a significant role in the development of the whole economy and most industries, their service charge shall be agreed on in the contracts of the governments’ financial aid according to the principle of keeping the capital intact and making a bare profit.
As for those technological service platforms built by enterprises on their own and open to the society, the government shall give them certain financial aid according to the degree of their openness and the rates of their charge.
Article 26 The government shall give certain financial aid according to the rules to the research and development institutions established by small and medium-sized enterprises individually or cooperatively and identified by the related departments as the research and development centers at the city level or higher.
Article 27 The responsible department shall solicit the projects of scientific and technological innovation from the society every year according to the needs of the industrial development of this city, organize experts’ evaluation of the projects, and decide the government-aided projects.
The responsible department shall set a certain proportion of the government-aided projects to be carried out and developed by small and medium-sized enterprises. The municipal government shall set the specific proportion separately.
Article 28 Related institutions or organizations shall be encouraged to organize the industry-wide or sub-industry-wide competitions of starting a business and innovating, and the governments may provide appropriate subsidies for the organization and implementation of the completions of starting a business and innovating.
If the prizewinners of the competitions of starting a business and innovating carry out their prize-winning projects in this city or start a business by their prize-winning projects, the government shall give them financial aid.
The prize-winning projects at the competition of starting a business and innovating shall be given priority to move in the bases for starting a business built by the government investment or financial aid.
Article 29 The responsible department shall, jointly with the related departments, organize the conferences on the recommendation of the innovations of small and medium-sized enterprises on a regular basis, recommend to the financial institutions, credit guarantee institutions for small and medium-sized enterprises, and venture investment institutions the independent intellectual property right projects, cooperative projects of industries, schools and research institutions, projects of scientific and technological achievements’ commercialization, projects of enterprises’ informationalization, brand development projects of small and medium-sized enterprises.
Article 30 The technological transformation projects undertaken by small and medium-sized enterprises to fulfill the government purchase contracts may be supported by the special funds of the government.
Financial institutions and credit guarantee institutions shall be encouraged to provide the performance bond insurance or performance guarantee service for small and medium-sized enterprises to fulfill the government purchase contracts and other commercial contracts.
Article 31 The responsible department shall establish the technology transfer mechanism or technology popularization mechanism, spread new technologies and new techniques among small and medium-sized enterprises.
The scientific and technological achievements of the projects of scientific and technological innovation aided by the governments as key projects shall be spread or used according to the development contracts.
Article 32 The small and medium-sized enterprises enjoying independent intellectual property rights and satisfying certain requirements may apply to the responsible department for leasing or purchasing the housing used for innovative industries.
Article 33 The responsible department shall, according to the needs of the industrial development of this city, make plans for training the talents in short supply in this city and high-level management personnel of small and medium-sized enterprises, the special fund for small and medium-sized enterprises shall provide assistance in paying the expenses needed for training.
Small and medium-sized enterprises shall be encouraged and assisted to make plans with universities and colleges, scientific research institutes, vocational schools, intermediary training agencies for directed, ordered training of talents,.
The high-level professionals introduced by small and medium-sized enterprises shall enjoy the preferential policies of this city on housing, spouses’ employment, and children’s admittance to schools, etc.
Article 34 Small and medium-sized enterprises shall be encouraged to study and develop the international standards, national standards, and industrial standards. The financial aid shall be given to the small and medium-sized enterprises that are engaged in the study and development of technological standards and become the main units to draft these technological standards.
Article 35 Small and medium-sized enterprises shall be encouraged to apply for and protect patents and trademarks, raise the level of independent innovation and protection of intellectual property rights.
If small and medium-sized enterprises apply for a patent for an invention at home and abroad, the related department shall provide guidance and financial support according to the rules.
Article 36 If small and medium-sized enterprises have obtained named brands or well-know trademarks and patent products and projects encouraged by the governments, their projects shall have priority in being put in the projects of technological transformation, technological innovation and new-product development, and these enterprises shall have priority in moving in the municipal industrial cluster bases by arrangements and enjoying the related preferential policies when the other conditions are equal.
Article 37 Small and medium-sized enterprises shall be encouraged to carry out the innovation in the mode of operation by means of chain-store operation, brand operation, and online operation, etc.
Chapter V Market Developing
Article 38 Small and medium-sized enterprises may have equal access to all the industries and fields that laws, regulations do not prohibit them from entering, and the discriminatory requirements for market access may not be set for these enterprises.
Article 39 Small and medium-sized enterprises shall be encouraged to participate in the activities of the national, provincial, and municipal exhibitions and sales exhibitions. The financial aid from the special fund shall be provided for small and medium-sized enterprises to participate in the activities of the various kinds of scientific, technological, economic, and trade exhibitions and sales exhibitions according with the industrial guidance of the governments.
Natural persons, legal persons, and other organizations shall be encouraged to invest in the building of regional commodity trade centers and centers for the purchase and sale of a certain industry’s products in order to provide services for trading the products of small and medium-sized enterprises.
Article 40 Efforts shall be made to encourage and promote the development of the public service platforms for e-commerce, promote the establishment and improvement of the secure e-authentication system and online payment system, establish e-commerce settling centers, and improve the e-commerce credit system.
Small and medium-sized enterprises shall be encouraged to use various e-commerce platforms to develop the domestic and international markets, expand the sales of products, and reduce the cost of marketing.
Article 41 If small and medium-sized enterprises carry our the certification of international standards such as the certification of quality management system, certification of environmental management system, certification of the quality of products, and certification of social responsibility, etc., they may be supported by the special fund.
Article 42 The discriminatory requirements shall not be set against small and medium-sized enterprises in the government purchase. When other conditions are equal, the products and services of small and medium-sized enterprises shall be given priority in the government purchase.
The departments of the governments in charge of the government purchase shall provide guidance and services for small and medium-sized enterprises to participate in the government purchase.
Chapter VI Financial Support
Article 43 The special fund to support the development of small and medium-sized enterprises shall be arranged in the annual fiscal budgets of the municipality, districts, and increase properly according to the increase in the annual fiscal income. The municipal government shall formulate the specific measures on the management and use of the special fund separately.
The municipal government shall unify and assist small and medium-sized enterprises to develop various funds and foundations, and make overall planning of the use of the funds.
As for various other kinds of funds and foundations to support the development of enterprises, they shall give priority to the support of the small enterprises of growth in their activities of technological innovation, operational innovation, service innovation, cyclic economy, energy saving and emission reducing, and clean production, etc.
Article 44 The municipal government may establish the foundation of the development of small and medium-sized enterprises according to the needs.
Article 45 The municipal government shall establish the compensation mechanism for small enterprise loan risks, support financial institutions in granting loans to small enterprises, and make proper compensation according to the rules for the financial institutions’ loss of non-performing loans incurred by granting small enterprise loans.
Article 46 The venture investment guidance foundation established by the municipal government shall guide venture investment institutions, private equity investment institutions in focusing on the investment in the small-sized and mini-sized enterprises of the industries that this city encourages to develop.
Article 47 The municipal government shall conduct the performance auditing and assessing of the use of the various funds and foundations to support the development of small and medium-sized enterprises on a regular basis, the results of auditing and assessing shall be made public to the society.
Chapter VII Promotion by Financing
Article 48 The municipal government shall create necessary conditions for the establishment of the bank for the development of small and medium-sized enterprises.
Article 49 The responsible department shall establish the mechanism of communication and coordination with financial institutions, and have financial cooperation.
Financial institutions shall be encouraged to develop the credit products for small and medium-sized enterprises, increase credit input, innovate in financial service, and improve the credit system. Those financial institutions, which have made outstanding contributions to the innovation in the financial service for small and medium-sized enterprises, shall be granted awards from the financial innovation reward fund.
Article 50 The system shall be established to have the favoring linkage between the bank credit for major government-invested projects and the credit for small and medium-sized enterprises, the amount of credit provided to small and medium-sized enterprises by credit banks shall be taken as a requirement to be examined in selecting the credit banks for major government-invested projects. The municipal department of development and reform shall, jointly with the municipal department of finance and responsible department, formulate specific measures separately.
Article 51 When providing the service of financing for small and medium-sized enterprises according to law, financial service institutions such as small loan companies, pawn companies, financial lease companies, etc. shall enjoy the related preferential policies of the state and this municipality.
The qualified enterprises within an industry shall be encouraged to set up financial service institutions such as small loan companies, etc. in order to provide the service of financing for the enterprises of this industry or the enterprises related to the industry chain.
Article 52 Efforts shall be made to encourage and standardize the development of the guarantee industry, improve the compensation mechanism for credit guarantee risks, and support guarantee institutions in doing business in the financing guarantee for small and medium-sized enterprises.
The municipal government shall set up the credit guarantee institutions for small and medium-sized enterprises in order to provide for small and medium-sized enterprises the service such as financing guarantee, financing-related investment, entrusted loan, advice on investment and financing, etc.
The guarantee institutions set up by the governments shall place stress on the support of the financing activities of small and medium-sized enterprises for innovation in products and technology.
Article 53 Small and medium-sized enterprises and social organizations such as trade associations, chambers of commerce, etc. shall be encouraged to sponsor the establishment of mutual guarantee organizations, each member enterprise shall make a contribution to the mutual funds in order to provide the financing guarantee for member enterprises.
Article 54 The municipal government shall establish the credit re-guarantee foundation for small and medium-sized enterprises to provide the general credit guarantee for the guarantee business of the member guarantee institutions.
Article 55 Financial institutions, credit guarantee institutions, and other financial service institutions shall be encouraged to provide various services such as loans on credit, collateral loans on the title to intangible assets, etc., and insurance for the exported product liability, etc.
Article 56 It shall be encouraged for the various kinds of social capital to be put in the establishment of venture investment institutions or private equity investment funds, the venture investment institutions and private equity investment funds shall be encouraged to set up their branches in this city or to invest in the industries and projects that the governments encourage to develop. The municipal government may apply preferential policies to them according to the related rules. The specific measures shall be formulated by the municipal government separately.
Article 57 The responsible department shall adopt effective measures to encourage small and medium-sized enterprise to finance themselves by going public, provide the following services for small and medium-sized enterprises to get listed on the stock market after reorganization, and support small and medium-sized enterprises in financing by going public:
(1) to carry out the propagation and guidance for enterprises to reorganize themselves and go public;
(2) to establish the system for putting on record and registering the small and medium-sized enterprises that go public after reorganization;
(3) to implement the plan for classified guidance and gradient cultivation;
(4) to coordinate in solving the problems that small and medium-sized enterprises confront in the process of going public.
Article 58 The related departments shall promote the development of the
over the counter market for the equity assignment of small and medium-sized enterprises in order to provide the service of equity trading for small and medium-sized enterprises.
Article 59 The responsible department shall create conditions to propel small and medium-sized enterprises into bond financing by issuing collective bonds, short-term financing bonds, etc.
Chapter VIII Protection of Rights and Interests
Article 60 The following acts to disturb the activities of the normal
production and operation of small and medium-sized enterprises or to infringe upon the legitimate rights and interests of small and medium-sized enterprises shall be prohibited:
(1) to force or to force in disguised form small and medium-sized enterprises to participate in the activities of assessment, appraisal, appraisal and selection of those of excellence, achieving the goals, upgrading, listing in order, etc.;
(2) to force or to force in disguised form small and medium-sized enterprises to participate in designated training, designates services, to buy designated products or the insurance beyond what laws, regulations stipulate;
(3) to force or to force in disguised form small and medium-sized enterprises to accept compensable news, subscribe to newspapers and periodicals;
(4) to force or to force in disguised form small and medium-sized enterprises to participate in various social organizations, undertake the sponsorship or make donations;
(5) to collect fees beyond one’s authority, to collect extra fees, to collect fees for an items set on one’s own, to collect fees twice for the same item within the statutory time limit;
(6) to restrict the participation of small and medium-sized enterprises in the competitive bidding in the invitation for bids and the government purchase;
(7) to conduct the inspections without laws, regulations, rules as their basis or without clearly defined items to be supervised and inspected.
Small and medium-sized enterprises shall have the right to report, complain
about the acts listed in the pervious section to the responsible department or the other related administrative departments, and may apply for administrative review or take administrative action according to law. As for the acts referred to in Items (1), (2), (3), (4) of the previous section, small and medium-sized enterprises and their managers shall have the right to refuse.
The responsible department and the other related administrative departments shall accept the reports, complaints from small and medium-sized enterprises and give them replies within the time limit prescribed by laws, regulations.
Article 61 When one of the following acts is taken by the responsible department, related administrative departments and their personnel, if the circumstances are minor, the superior department or the office of supervision shall order corrections; if the circumstances are serious, the office in charge of appointment and removal or the office of supervision shall take disciplinary action against the directly responsible person in charge and other directly responsible persons according to law; if damage is done, the liability for compensation shall be undertaken according to law; as for those suspected of committing a crime, the criminal responsibility shall be ascertained according to law:
(1) to fail to execute the duties stipulated by these regulations;
(2) to embezzle, hold back, misappropriate the special fund or other financial support funds;
(3) to fail to grant according to the rules or to intentionally delay granting the special fund or other financial support funds;
(4) to violate Article 60 of these regulations;
(5) to obstruct, suppress, and take revenge for the reports, complaints made by small and medium-sized enterprises or the action taken by social organizations such as trade associations, chambers of commerce, etc. to assist small and medium-sized enterprises in safeguarding their rights;
(6) the other acts to harm the legitimate rights and interests of small and medium-sized enterprises.
Chapter IX Supplementary Provisions
Article 62 If these regulations stipulate that the municipal government and related departments should formulate specific measures and standards separately, they shall be worked out within 6 months from the date when these regulations take effect.
Article 63 These regulations shall take effect as of October 1, 2010.
附件下载：
粤公网安备 44030402002963号