(Adopted at the Eighth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on May 29, 1996, revised at the Twenty-Fifth Meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on June 20, 2003)
Chapter I General Provisions
Article 1 In order to speed up the development of the export-oriented economy of the Futian Bonded Area of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Economic Zone), further create a good environment for investment, and protect the legal rights and interests of investors, these regulations are hereby formulated in accordance with the basic principles of the related laws, regulations of the state and in light of the practical conditions of the Special Economic Zone.
Article 2 The Futian Bonded Area (hereinafter referred to as the bonded area) is a special economic area established after the State Council’s approval.
The bonded area is located in the Futian District of the Special Economic Zone starting from the Huanggang Port in the east and ending in the east bank of the Xinzhou River in the west, bordering on the north bank of the Shenzhen River in the south and circumscribed by the Fuqiang Road in the North, and shall be under the fully-enclosed administration.
The limits of the living section of the bounded area (hereinafter referred to as the living section) shall be set by the municipal government.
Article 3 The bounded area shall focus on the development of international trade, warehousing, high-tech and advanced technology industries, and pay appropriate attention to the development of tertiary industries such as banking, commercial services, transportation, communication, information, etc.
The bonded area may set up social intermediary organizations to provide services for the enterprises of the Bonded Area.
Article 4 The legal persons and other economic organizations and individuals within the bonded area shall abide by the laws, regulations of the People’s Republic of China.
The legal rights and interests of investors within the bonded area shall be protected by law.
Chapter II Administrative Offices and Their Duties
Article 5 The Administrative Bureau of Bonded Areas of the Shenzhen Municipality (hereinafter referred to as the administrative bureau) shall be an agency of the municipal government to represent the municipal government in managing various kinds of the administrative affairs of the bounded area.
Article 6 The administrative bureau shall exercise the following functions and powers:
(1) to make the development, construction plans and industrial policies for the bonded area, and to put them into practice after the municipal government’s approval;
(2) to formulate the various specific measures on the administration of the bonded area according to these regulations, and to promulgate and implement them after the municipal government’s approval;
(3) to be responsible for developing the projects of the land planning, infrastructural facilities, and public utilities of the bonded area and living section and for processing the assignment, conveyance of the right to use land under the direction of the municipal administrative department of land planning;
(4) to be responsible for the administration of the public utilities such as water supply, electricity supply, etc. in the bonded area and living section;
(5) to administer the construction of projects except special professional projects in the bonded area and living section under the direction of the municipal administrative department of construction;
(6) to issue the guiding catalogue for investment in the bounded area, and to assist the municipal administrative department of industrial and commercial administration in the registration of enterprises and other administrative matters;
(7) to be responsible for the administration of labor and personnel of the bonded area and make an annual plan to employ personnel by public notice according to needs, and to process the examination and approval of employing and transferring and the employment according to the plan after the approval by the municipal administrative department of personnel, labor;
(8) to be responsible for the management of the state assets under the municipality;
(9) to be responsible for the environmental protection in the bonded area and living section under the direction of the municipal administrative department of environmental protection;
(10) to process the report and approval of the applications of the Chinese personnel for leaving the country for a short time in line of duty or for going to Hong Kong, Macao and abroad for training;
(11) to assist the administrative offices of customs, frontier inspection, taxation, foreign exchange, public security, health quarantine, animal and plant quarantine, commodity inspection, etc. in their operations in the bonded area;
(12) the other functions and powers authorized by the municipal government.
Article 7 The administrative bureau shall be responsible and report to the
municipal government. The municipal government may change or revoke inappropriate decisions of the administrative bureau.
Article 8 The major decisions made by the administrative bureau in exercising the functions and powers prescribed in these regulations shall be reported to the municipal government and the related departments for the record.
Article 9 After the approval by the municipal department in charge of the authorized size of organizations, the administrative bureau may establish several working agencies according to the principle of simplification and high efficiency.
The working agencies of the administrative bureau shall be responsible to the administrative bureau and accept the professional direction of the related administrative departments of the municipal government.
Article 10 The administrative offices of customs, frontier inspection shall set up their agencies within the bonded area to exercise the functions and powers according to law.
Article 11 After obtaining the administrative bureau’s agreement, the administrative offices of health quarantine, animal and plant quarantine, commodity inspection shall set up their working agencies in the bonded area or send the full-time personnel there to do inspection in the sections other than the passages for entry and exit.
Chapter III Establishment and Management of Enterprises
Article 12 The municipal government shall encourage investors to set up industrial enterprises of high and advanced technology within the bonded area and enjoy the related preferential treatments.
Article 13 After approval, investors may set up trading enterprises within the bonded area to engage in commercial and trading activities.
Article 14 Investors may set up warehousing enterprises within the bonded area to develop the business of bonded warehouses.
Article 15 Domestic and foreign information institutions may set up their branches or offices within the bonded area to develop the business of consultation.
Article 16 After the approval by the department in charge of finance, domestic and foreign institutions of finance and insurance may set up business departments or offices within the bonded area to develop the business of finance and insurance and the services of contact, consultation.
Article 17 Investors may set up the enterprises of the tertiary industries such as transportation, communication, which are permitted by the laws, regulations of the state, within the bonded area.
Article 18 When investors set up enterprises or representative offices within the bonded area, they shall go through the following procedure:
(1) an investor shall file an application, the department of industrial and commercial administration shall examine and approve it for registration according to law in compliance with the guiding catalogue for investment issued by the administrative bureau;
(2) in case of setting up an enterprise to undertake a special business, it shall be registered at the department of industrial and commercial administration according to law after the administrative bureau’s approval;
(3) after receiving a business license, an investor shall go to the administrative offices of customs, taxation, foreign exchange, etc. to go through the formalities to be placed on record, to register, and to open an account.
Article 19 The department of industrial and commercial administration shall
make a decision whether to be permitted to register within 20 days from the date of receiving an application from an investor for setting up an enterprise.
If the administrative bureau’s approval is needed, the administrative bureau shall make a decision on whether to give its approval within 10 day from the date of receiving an application from an investor.
Article 20 The enterprises of the bonded area shall establish a sound financial accounting system, and report annual accounting statements to the administrative bureau; shall have special account books for duty-free and bonded goods. The administrative offices of customs, taxation may audit, check these account books and accounting statements.
Article 21 When an enterprise of the bonded area changes its name, address, legal representative and scope of business, or merges, separates, assigns stock ownership or terminates, it shall go to the original registering office to change the registration or cancel the registration.
Article 22 It shall be prohibited to set up environmentally polluting, highly energy-consuming, highly water-consuming, or labor-intensive enterprises within the bonded area.
Chapter IV Land Development and Realty Management
Article 23 The land of the bonded area is owned by the state, a system of the land use within a certain term and with consideration shall be put into practice. The years of the term for different land uses shall be in compliance with laws, regulations.
Article 24 In order to obtain the right to use the land of the bonded area, the administrative bureau and an applicant shall sign a written contract to assign the right to use the land, the land user shall pay the land-price fee to the administrative bureau according to the contract.
If a land user has failed to develop the land in one year from the date when the assignment contract took effect, the administrative bureau may reenter the right to use the land without compensation.
If there is a need to change the use of the land, it shall be approved by the administrative bureau and go through the related formalities for land use.
Article 25 In case of assigning, renting out and mortgaging the realty in the bonded area, it shall be registered at the administrative bureau, and taxes shall be paid according to law.
Article 26 Land users shall pay the administrative bureau the land-use fees. The rates of the land-use fees shall be set by the municipal government.
Article 27 The land-price fees and land-use fees collected by the administrative bureau shall be used for the land development and infrastructural construction in the bonded area, and shall not be misappropriated for other purposes.
Article 28 The construction of the projects within the bonded area shall be examined and approved by the administrative bureau according to the related rules of the state and the Special Economic Zone, and reported to the municipal administrative department of construction for the record.
The municipal administrative department of construction shall supervise the quality, safety of the construction of the projects within the bonded area according to law, the administrative bureau shall give its assistance.
The administration of the construction of special projects shall be carried out according to the related rules of the state and the Special Economic Zone.
Article 29 The administrative bureau shall entrust professional corporations with the management of the public facilities within the bonded area. The realty in the bonded area shall be managed by either owners themselves or realty management corporations engaged by owners.
Article 30 The outpost buffer zone of the bonded area along the north bank of the Shenzhen River shall be used for patrolling and guarding only, and may not be used for other purposes or business operations.
Article 31 The land used by the agencies of the administrative bureau and the related state organizations in the bonded area and the necessary office buildings, duty rooms provided for them shall be owned by the municipal government, and may not be assigned, rented out, or used for other activities to make a profit by users.
Article 32 The ownership of the realty in the living section of the bonded area may not be assigned to the units and individuals of the other places than the bonded area except when the municipal government prescribes the other way.
Chapter V Administration of Trade
Article 33 The trading enterprises within the bonded area may set up the marketplaces of raw materials for production and the marketplaces to display and sell imported and exported goods, and supply goods to the non-bonded areas of the country.
Article 34 The goods made either abroad or at home may enter the bonded area to be displayed and sold; enterprises may have trade talks and make orders within the bonded area.
Article 35 The enterprises of the non-bonded areas of the country which have the right to do business in import and export may, after the related responsible department’s approval, set up their branches in the bonded area to engage in trading activities according to law.
Article 36 The production enterprises within the bonded area may import the raw materials, spare parts, and equipments needed for their own production and export their products.
After the customs’ approval, the production enterprises in the bonded area and those in the non-bonded areas of the country may entrust each other with the business of processing.
Article 37 After the related responsible department’s approval, the enterprises within the bonded area may develop the business of equipment leasing.
Article 38 Except those which are prohibited by the state for import and export or have special demands, goods shall be in free circulation between the bonded area and overseas without permit and restriction of quota control. The shipment from the bonded area to the non-bonded areas of the country or vice versa shall be done according to the related rules of the state.
Article 39 When the products made within the bonded area are sold to the non-bonded areas of the country, it shall be done according to the related rules of the state.
Chapter VI Taxation and Financial Administration
Article 40 The goods entering the bonded area from abroad shall be exempted from the custom duties and the consumption tax, value added tax in the link of import according to the rules of the state except when laws, regulations prescribe the other way.
When the goods exempted from the custom duties and the consumption tax, value added tax in the link of import are reshipped to the non-bonded area of the country, the custom duties and the consumption tax, value added tax in the link of import shall be levied according to the related laws, regulations of the state.
The goods exported by transit in the bonded area shall be exempted from the custom duties and the consumption tax, value added tax in the link of import.
Article 41 If the goods produced, processed by the enterprises of the bonded area are sold within the bonded area, they shall be exempt from the consumption tax, value added tax.
Article 42 The construction materials, machines and equipments, office supplies imported by the enterprises of the bonded area for their own use shall be exempt from the custom duties and the consumption tax, value added tax in the link of import.
If the administrative offices of the bonded area import a reasonable quantity of management equipments and office supplies, they shall be exempt from the custom duties and the consumption tax, value added tax in the link of import.
Article 43 If the enterprises within the bonded area purchase goods from the non-bonded areas of the country, it shall be reported to the taxation office for the record. In case of meeting the requirements for tax rebate based on export, the tax rebate based on export shall be processed according to the related rules.
Article 44 The enterprises within the bonded area may open accounts of foreign spot exchange. If an enterprise has no account of foreign exchange or has no enough funds in its account of foreign exchange, it may buy foreign exchange from designated banks according to the rules.
Article 45 After the approval by the department in charge of finance, the foreign-capital banks within the bonded area may engage in RMB operations.
Article 46 After the approval by the department in charge of securities, the enterprises of the bonded area may issue stocks, bonds both at home and abroad according to the related laws, regulations of the state on the administration of securities.
Article 47 The enterprises within the bonded area may settle accounts between themselves by foreign currencies. The specific administration measures shall be put into practice in accordance with Measures of the People’s Republic of China on the Administration of Foreign Exchange in the Bonded Areas.
Chapter VII Supervision over Entry and Exit
Article 48 Foreign goods may freely enter and leave the bonded area except those that are prohibited by the state from importing. If goods enter and leave the bonded area, it shall be reported to the customs.
If the goods, means of transportation, and personal belongings of the non-bonded areas of the country enter and leave the bonded area, it shall be under the supervision of the customs according to law.
Article 49 The transportation of goods from the bonded area to the non-bonded areas of the country shall be regarded as import, the transportation of goods from the non-bonded areas of the country to the bonded area shall be regarded as export.
Article 50 The persons who enter the bonded area from foreign countries and leave the bonded area for foreign countries shall accept the administration of the frontier inspection office according to law.
Article 51 The traffic permits for the persons who enter the bonded area from the non-bonded areas of the country and leave the bonded area for the non-bonded areas of the country shall be issued by the administrative bureau after examination.
Article 52 The means of transportation and other vehicles which enter the bonded area from the non-bonded areas of the country and leave the bonded area for the non-bonded areas of the country shall be allowed to pass by presenting the certificates, stickers issued or endorsed by the administrative bureau after examination.
Article 53 The machines, equipments, means of transportation, construction materials, and office supplies, etc. shipped from the non-bonded areas of the country to the bonded area to be used by the administrative offices, enterprises, and their personnel in the bonded area shall be allowed to pass after registration at the customs.
Article 54 Foreigners, overseas Chinese, and Hong Kong, Macao, and Taiwan compatriots may enter and leave the bonded area through the special passage connecting the bonded area and Hong Kong by presenting valid passports or certificates.
Chapter VIII Legal Liabilities
Article 55 If the laws, regulations of the state on customs, frontier inspection, health quarantine, animal and plant quarantine, commodity inspection, etc. are violated when persons, goods, means of transportation enter and leave the bonded area, they shall be punished according to law respectively by the offices of customs, frontier inspection, health quarantine, animal and plant quarantine, commodity inspection, etc.
Article 56 If the enterprises of the bonded area and their employees violate the laws, regulations, and rules on industry and commerce, taxation, finance, foreign exchange, security, fire control, etc., the related law enforcement offices shall inflict punishments according to law.
Article 57 In case of violation of the laws, regulations on planning, land, realty management and the related stipulations on land management in Chapter IV of these regulations, the administrative bureau shall inflict punishments according to law.
Article 58 In case of violation of Article 30 of these regulations by engaging in business activities in the outpost buffer zone, the administrative bureau shall order restitution, confiscate illegal earnings, and impose a fine of less than two times of the illegal earnings.
Article 59 If the individuals, legal persons, and other economic organizations within the bonded area have objections to the administrative decisions of the administrative bureau or other administrative offices, they may apply for review according to law to the administrative review office of the municipal government or the superior responsible office of the related administrative offices, or directly take a legal action at the people’s court.
If the party concerned has failed either to apply for review or to take a legal action when refusing to execute the administrative decision, the administrative bureau or other administrative offices may apply to the people’s court for enforcement.
Article 60 If the staff members of the administrative bureau and other administrative offices of the bonded area neglect duties, practice favoritism and engage in irregularities, the units which they are affiliated with or the superior offices shall impose administrative sanctions; if a crime is constituted, the judicial office shall investigate into the criminal responsibility.
Chapter IX Supplementary Provisions
Article 61 The administrative bureau may formulate specific administration measures according to these regulations, report to the municipal government and promulgate them for implementation after approval.
Article 62 Within the bonded area, if these regulations are different from the other regulations formulated by the Standing Committee of the Shenzhen Municipal People’s Congress in terms of their stipulations, these regulations shall be honored in implementation.
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