(Adopted at the Fourty-fifth Session of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on October 29, 2020)
Chapter One General Provisions
Article 1 For the purpose of keeping improving business environment, energize market players, promote high-quality economic development, and accelerate the development of a Pioneering Demonstration Zone for Socialism with Chinese Characteristics, these Regulations are formulated in line with the basic principles of relevant laws and administrative regulations and in light of the realities of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the improvement of business environment in Shenzhen Special Economic Zone.
Article 3 A stable, fair, transparent and predictable business environment based on market principles, governed by law, and up to international standards shall be created for any natural person，legal person, or unincorporated organization according to their needs.
Article 4 The legitimate rights and interests of any natural person，legal person, or unincorporated organization under all forms of ownership shall enjoy equal protection in accordance with law, for the purpose of ensuring that factors flow in an autonomous and orderly manner and are allocated efficiently and fairly, and that any of natural person, legal person, or unincorporated organization can participate in market competition on a level playing field.
Article 5 The municipal and district people's governments shall strengthen the organization and leadership for improving business environment, make coordinated efforts in the reform of streamlining administration, delegating power, strengthening regulation and improving service, refine policies and measures improving the business environment, and actively coordinate to solve major issues in improving business environment.
The municipal development and reform department is the competent department for improving business environment, responsible for supervising, coordinating and promoting the improvement of business environment, and organizing the evaluation, supervision and management of business environment.
Relevant departments of the municipal and district people's governments and other relevant agencies stationed in Shenzhen shall fulfill their duties in improving the business environment.
Article 6 The municipal and district people's governments shall enhance the incentive mechanism for improving business environment, incorporate work on improving the business environment into the government performance appraisal system, improve the appraisal standard, commend the departments and agencies with outstanding achievements in improving the business environment in accordance with relevant rules, and hold accountable the departments and agencies that fail to take action, act irresponsibly or delay the work.
Municipal and district people's governments and relevant departments shall strengthen supervision and inspection over the improvement of business environment through special inspection, routine supervision and public supervision.
Article 7 The municipal people's government shall establish a unified citywide service platform for any natural person，legal person, or unincorporated organization, and make an overall plan to coordinate with the relevant departments at municipal, district and sub-district levels, industrial associations and public utility service providers to provide relevant services for any natural person, legal person, or unincorporated organization.
Article 8 A communication mechanism between the government and enterprises shall be developed in Shenzhen. A close and clean government-business relationship shall be established. The governments shall take various measures to listen to the opinion and concern of any natural person, legal person, or unincorporated organization in a timely manner and ensure their normal work and business activities.
Article 9 The Entrepreneur's Day is celebrated in Shenzhen on November 1 every year to jointly create a sound atmosphere for the growth of entrepreneurs, stimulate and carry forward the spirit of outstanding entrepreneurs, and give better play to the role of entrepreneurs.
Article 10 Exchange and cooperation shall be strengthened to improve the business environment for the Guangdong-Hong Kong-Macao Greater Bay Area ("GBA") for the purpose of jointly enhancing the overall business environment there.
Chapter Two Market Entity
Article 11 A negative list system for market access shall be implemented. Any natural person, legal person, or unincorporated organization may enjoy equal access to areas beyond the negative list in accordance with law. The municipal and district people's governments and their relevant departments may not formulate any negative list for market access without authorization.
Article 12 The administration system for foreign investment based on pre-establishment national treatment and negative list shall be implemented. Areas beyond the negative list on foreign investment shall be managed in accordance with the principle of equal treatment to domestic and foreign investment.
Article 13 Eligible foreign financial institutions shall be supported in setting up securities and fund management companies in Shenzhen.
Article 14 Overseas professional institutions and individuals with internationally accepted qualifications in finance, taxation, construction, planning and other fields shall be allowed to provide professional services in Shenzhen pursuant to relevant rules. Restrictions on the participation of overseas individuals in various vocational qualification examinations shall be relaxed.
Article 15 The reform of the commercial registration system shall be deepened by exploring the implementation of the commercial registration and administrative affirmation system, streamlining services and innovating service models.
In addition, commercial registration shall be facilitated by making full use of online service resources, launching online platforms on which all the documents required for starting a business are processed, promoting the use of electronic license, certificate and signature, and enhancing information sharing.
Article 16 The departments of public security, taxation, social security and customs shall integrate all types of matters related to the establishment of any natural person, legal person, or unincorporated organization, including but not limited to start-up registration, seal preparation, invoice application and social insurance registration, and integrate multiple certificates and licenses into a unified business license.
Article 17 The implementation of the "integrating multiple reports into one" system for annual reports, which are required to be submitted by any natural person, legal person, or unincorporated organization regarding social security, market supervision, taxation and customs, shall be promoted. The natural person, legal person, or unincorporated organization may not be required to repeatedly submit the information already disclosed to any relevant government department in the annual report, and such information should be shared among the relevant departments.
Article 18 The vocational technical grading system shall be improved by promoting vocational skills grading by enterprises and social organizations.
Article 19 All rules that undermine a unified market and fair competition shall be abolished. Unless otherwise provided by laws and administrative regulations, no discriminatory conditions for market access, qualification, industry promotion, government procurement, bidding and tendering, and public utilities shall be introduced for any natural person, legal person, or unincorporated organization under any type of ownership.
Article 20 Where the municipal and district people's governments and the relevant departments organize and implement projects of scientific and technological innovation, commercialization of scientific achievements and technological transformation, they shall treat any natural person, legal person, or unincorporated organization under any type of ownership equally.
Article 21 The contracts or agreements between administrative bodies and natural person, legal person, or unincorporated organization may not contain any unfair clause. Parties to the contract are equal as regards their rights and obligations, and the contract may not stipulate default liability for only one party.
Article 22 Any of natural person, legal person, or unincorporated organization is equal when participating in tendering and bidding for government procurement and government-funded projects. The following acts for the purpose of excluding potential bidders are not allowed:
(1) Determining the list of suppliers in advance;
(2) Creating a list of pre-selected suppliers;
(3) Determining the bid winner or supplier randomly, including but not limited to by lottery or drawing lots;
(4) Setting unnecessary conditions beyond the procurement purpose, including but not limited to qualification, scale, and place of incorporation.
Article 23 The people's courts shall be supported in exploring the establishment of the bankruptcy rescue mechanism, including but not limited to reorganization identification and pre-reorganization. The establishment of a guarantee fund for reorganization costs of a natural person, legal person, or unincorporated organization shall be promoted, the platform for the disposal of non-performing assets shall be improved, investment and financing channels for any natural person, legal person, or unincorporated organization with a high market value shall be expanded, and the disposal of non-performing assets shall be accelerated so as to maximize the value of the bankruptcy asset and decrease the cost of debt restructuring.
Revenue obtained by a natural person, legal person, or unincorporated organization as a result of reorganization shall be subject to laws, regulations and relevant policies. The tax authority shall reduce or exempt taxes on such revenue in accordance with law.
In accordance with law, the relevant departments and organizations shall timely lift behavioral restrictions on the restructured debtors or the legal representatives of the restructured enterprises, and change their abnormal account status, promptly fix their bad credit records, and remove them from the list of abnormal business operations or the list of enterprises that seriously violate the law.
Article 24 The personal bankruptcy system shall be implemented in accordance with law. Any natural person who resides in the Shenzhen Special Economic Zone and has contributed to the social security program in Shenzhen for at least three consecutive years may apply for bankruptcy liquidation, reorganization or settlement if he/she cannot pay off the debts or become insolvent due to production or business activities or daily consumption.
Article 25 An online deregistration service platform for a natural person, legal person, or unincorporated organization shall be established. A natural person, legal person, or unincorporated organization may complete the deregistration procedure through the online platform, together with deregistration matters regarding social security, taxation, commerce and customs.
The expedited deregistration procedures may apply to any natural person, legal person, or unincorporated organization which have terminated all claims and obligations or have no relationship of claims and obligations prior to the deregistration application.
Article 26 The removal and ex officio deregistration system for any natural person，legal person, or unincorporated organization shall be implemented in accordance with law. The commercial registration authority may remove or decide to deregister ex officio any natural person, legal person, or unincorporated organization that are under the circumstances expressly defined.
Article 27 Any natural person, legal person, or unincorporated organization shall abide by laws and regulations and relevant policies, observe social and business ethics, stay honest and trustworthy, compete fairly, operate in line with relevant rules, and comply with local laws and follow international norms in international economic and trade activities.
Chapter Three Government Services
Article 28 The municipal and district people's governments shall compile and publish a list of government services, and shall offer online disclosure, application, inquiry, complaint and response services for items in the list, so as to provide efficient and convenient services for any natural person, legal person, or unincorporated organization.
Article 29 The municipal people's government shall compile and publish a unified list of administrative licenses citywide. As for licenses in the list, the name of the license, basis for its establishment, conditions for granting the license, its level, department granting the license, and ongoing and ex post supervision measures shall be specified for each license, and the application procedures, scope of license, conditions for granting the license and validity period shall be included in the application guidance of such licenses.
Article 30 In principle, no administrative license shall be established by the municipal regulations and rules apart from those stipulated by laws, administrative regulations and decisions of the State Council. However, new licenses may be established for matters directly related to ecological and environmental protection, food and drug safety and other public interests.
Article 31 The administrative bodies may not establish administrative licenses under the disguise of filing record, registration, annual inspection, annual report, supervision, identification, certification, review or other methods. Where the matter may be handled through ongoing and ex post supervision or market mechanisms, the administrative license may not be introduced.
For licensing matters involving any natural person, legal person, or unincorporated organization, review and approval may be directly cancelled, or changed to record-filing, notification and commitment in accordance with law; review and approval services shall be standard-based and the approval efficiency shall be enhanced so as to reduce the cost of a natural person，legal person, or unincorporated organization for handling such matters.
Article 32 The administrative licensing conditions shall continue to be improved. The administrative licensing conditions that are incompatible with and unnecessary for licensing purposes shall be timely abolished.
Administrative bodies may not add licensing conditions or steps without authorization, and may not take non-compulsory standards beyond the statutory basis for administrative licensing as the condition and basis for administrative licenses.
Article 33 In formulating regulations, rules and normative documents closely related to work and business activities of a natural person, legal person, or unincorporated organization, it is necessary to fully listen to the opinion and suggestions of relevant natural person，legal person, or unincorporated organization, industrial associations, chambers of commerce and entrepreneurs, and solicit public opinion through government official websites, online government service platforms and other channels.
Article 34 The establishment of a comprehensive review mechanism for coordinated enterprise-related policies shall be explored to avoid policy conflicts among departments, ensure the alignment of enterprise-related policies with business development needs, and enhance the effect of policy implementation.
Article 35 The publication system of policies and information concerning any natural person，legal person, or unincorporated organization shall be improved. Laws, regulations, rules and normative documents and relevant disclosable policies and measures closely related to work and business activities shall be introduced. The formulating bodies shall, in accordance with relevant rules, issue them in a unified manner and publish them through the unified citywide service platform for a natural person, legal person, or unincorporated organization, online government service platform, mobile client, self-service terminal and other channels.
Article 36 Enterprise-related policies shall maintain continuity and relative stability. Where adjustments are required due to the changing situation or public interests, a reasonable transition period shall be introduced in light of realities to give any natural person, legal person, or unincorporated organization the necessary time to accommodate to the adjustments.
Article 37 The integrated service model for enterprise-related policies shall be implemented; a list of preferential policies shall be compiled and a natural person, legal person, or unincorporated organization shall be informed of such policies when dealing with relevant matters.
Article 38 The matters requiring applications in the list of government services shall be handled at administrative service centers at municipal and district levels based on their levels and categories defined according to requirements. Any natural person，legal person, or unincorporated organization shall be treated equally in this process based on the principles of unified acceptance at the front desk, classified review and approval at the back office, and unified issuance of certificates at the window.
The establishment of the chief representative system for government services shall be explored to provide any natural person, legal person, or unincorporated organization with round-the-clock and tailored services under staggered hours as needed.
Article 39 The municipal department responsible for government service data shall make overall plans to build a citywide, unified and integrated online government service platform. All levels of government services in Shenzhen shall be included in the integrated online government platform for one-stop service, unless otherwise provided by laws and regulations or involving state secrets.
Article 40 Modern information technologies including but not limited to artificial intelligence, big data, block chain and mobile Internet shall be fully employed to boost data sharing and integration and streamline procedures. Automatic processing without intervention shall be promoted to achieve full system connectivity and data flow. The government services are encouraged to be handled online throughout the entire process.
Article 41 Government service matters should be handled through one-off application and on-site processing and completed in time, by means of centralized, nearby and online processing, and processing on the spot for matters anywhere within Shenzhen. No additional conditions or steps for government services shall be added. The relevant departments may notify the natural person, legal person, or unincorporated organization of all materials or procedures to be supplemented or revised in a one-off manner.
Article 42 The municipal and district people's governments and relevant departments shall implement the system of notification and commitment in handling applications for administrative licenses, using financial funds and providing government services. The specific measures for implementing the notification and commitment system and the template of commitment letter shall be introduced and published by the relevant departments.
Where the applicant makes a written commitment on the conditions for administrative license during the application, the licensing department may directly decide to grant the license, except for the licenses directly concerning public safety, eco-environmental protection or personal health, life and property safety, and those in need for granting administrative licenses on the spot in accordance with law.
Where the applicant makes a commitment on the relevant conditions and submits relevant materials when handling other matters under the notification and commitment system, the application shall be approved straight away.
If the applicant fails to honor the commitment, the relevant department may revoke the administrative license or relevant decisions in accordance with relevant rules, and impose corresponding punishments for dishonesty.
Article 43 For government service matters beyond the notification and commitment system, where an eligible applicant fails to submit the application materials which may affect the substantive review, after the applicant makes an application and signs the commitment letter, the processing department shall accept the application first and notify the applicant of all materials to be supplemented or revised in a one-off manner; where the eligible applicant submits all essential materials in the prescribed form, but fails to submit some nonessential materials or submits flawed nonessential materials, which will not affect the substantive review, and commits in writing to supplement or revise the nonessential materials before the processing department makes a decision, the processing department shall accept the application first.
Article 44 The mechanism for the collection, sharing, exchange and application of government service information shall be improved. For the sharing, exchange and open application of government service data, the government service departments shall collect data from the municipal and district departments for government service data in accordance with unified rules and standards.
When handling matters of government and public utility services, the shared government service data shall be employed first. A natural person, legal person, or unincorporated organization may not be required to repeatedly submit the relevant data and materials that may be obtained through information sharing.
Article 45 The full application of electronic seals, certificates and licenses in government and public utility services shall be promoted. A natural person, legal person, or unincorporated organization may choose electronic business license and seal in applying for all types of government and public utility services. The electronic seal shall have the same effect as the physical seal.
Article 46 The electronic materials including but not limited to electronic certificates and licenses, official documents and certificates that meet the requirements of laws and regulations shall have the same effect as their hard copies. The processing bodies may not further require the hard copies.
Article 47 For matters relating to the issuance of certificates and licenses, the generation of electronic certificates and licenses shall be regarded as an official step for the procedure; a natural person, legal person, or unincorporated organization may apply for the physical license as needed, issued together with the electronic license.
Structured data extracted from electronic materials including but not limited to electronic licenses, official documents and certificates that meet the requirements of relevant laws and regulations may be used as the basis for comparison with government and public utility service data, and the results of comparison may be used as the basis for processing.
Article 48 The certification requirements beyond laws, regulations and decisions of the State Council shall be abolished; the rules and normative documents of the municipal people's government may not provide for matters requiring certification, except for certification issued for convenience at the request of a natural person, legal person, or unincorporated organization.
A natural person, legal person, or unincorporated organization may not be required to provide certification materials repeatedly if the relevant information for certification is available in the legal certificates and licenses, legal documents, written notification and commitment, or may be verified through online sharing and internal verification by administrative bodies, or if the relevant certification requirements may be met or replaced by other materials.
Article 49 The municipal and district people's governments and relevant departments shall strictly implement the national policies for reducing taxes and fees, actively carry out publicity activities and offer guidance, and ensure that such policies offer timely and comprehensive benefits to any natural person ,legal person, or unincorporated organization.
Customs and taxation departments shall, in accordance with law, safeguard the full and comprehensive access of any natural person, legal person, or unincorporated organization to all tax concessions including but not limited to tax reduction, exemption and export tax rebate.
Article 50 Departments and institutions of taxation, social security, medical insurance and housing provident fund, under the premise of ensuring information security, shall take the following measures to facilitate the payment of taxes and fees by a natural person, legal person, or unincorporated organization:
(1) Promoting consolidated declaration and payment of taxes and fees for social security, medical insurance and housing provident fund to reduce the frequency and time needed for payment by a natural person, legal person, or unincorporated organization;
(2) Vigorously promoting online and mobile processing of tax matters and expanding contactless payment of taxes and fees;
(3) Simplifying application procedures for tax incentives, including but not limited to VAT incentives. In principle, no more steps shall be introduced in this procedure beyond statutory requirements;
(4) Making full use of information technologies to timely remind a natural person, legal person, or unincorporated organization of tax payment and risks;
(5) Promoting the extensive use of block chain invoices and payment vouchers, electronic special VAT invoices, and other electronic tickets and vouchers;
(6) Promoting the development of smart big data for taxation, and exploring tax-related services on the spot for matters anywhere within Shenzhen.
Article 51 The reform of the construction project approval system shall be continuously promoted, approval procedure and items streamlined, and approval time reduced for the purpose of enabling a unified approval process, a unified information and data platform, a unified approval and management system and a unified supervision model.
Article 52 The mechanism of pre-project planning and creation shall be established and the technological review shall be separated from the administrative approval. The category-based project approval procedure shall be further specified; according to investment subjects and categories respectively, the approval process shall be improved and the approval stage and items shall be determined.
Article 53 The review for the construction drawing of residential building and municipal infrastructure projects shall be canceled. The approval document for construction drawing may not be a prerequisite for administrative license. For construction applications, the notification and commitment system shall apply.
Article 54 The insurance system for potential quality defects of projects shall be explored and the architect accountability system shall be implemented.
Article 55 The regional assessment system for engineering construction projects shall be implemented. The administration departments and institutions of every region shall organize and conduct regional assessments including but not limited to deliberation on water resources, traffic impact assessment, risk assessment for geological disasters and lightning bolt. Results of regional assessment should be published and serve as the administration basis for relevant departments.
Any natural person, legal person, or unincorporated organization operating construction projects in regions that have completed regional assessments no longer need to carry out the above-mentioned assessments separately.
Article 56 The environmental impact assessment system shall be reformed. In regions where the eco-environmental impact assessment of regional space has been carried out, a list of major construction projects subject to environmental impact review shall be introduced according to the assessment results and eco-environmental requirements. The environmental impact assessment shall be exempted or simplified for construction projects beyond the list.
Article 57 An inter-departmental and cross-regional administration and coordination mechanism of ports shall be established. Based on the "single window" for international trade, information connectivity at all steps shall be enhanced, so as to reduce the compliance cost associated with import and export procedures and enhance cross-border trade facilitation.
The port administration departments shall strengthen the management of the list of port service charges, and improve the dynamic management of the list, the regulation and cooperation mechanism of port service charges, and the interconnected working mechanism for clearing up port service charges. The charging entity shall publish the charging directory and standard and may not levy charges beyond the list.
Article 58 Cross-border trade data resources shall be integrated, and big data, block chain, mobile Internet and other modern information technologies shall be comprehensively employed to provide comprehensive services on cross-border trade for a natural person, legal person, or unincorporated organization and regulatory departments. Port supervision and service models shall be innovated to reduce the number of import and export matters requiring approval and documents in accordance with law.
Article 59 A natural person, legal person, or unincorporated organization shall be encouraged to declare at customs and go through customs clearance procedures in advance. If there is any error in the customs declaration in advance, the relevant mechanisms allowing for mistakes shall apply.
Article 60 A natural person, legal person, or unincorporated organization shall take its registered address or premise as the address for service of printed legal documents. If the natural person，legal person, or unincorporated organization agree on electronic service, its mobile phone number, email address, fax number, mobile instant messaging account and other information registered on the service platform for the natural person, legal person, or unincorporated organization registration may serve as the address for service of electronic legal documents, unless otherwise stipulated by laws and regulations.
Article 61 The municipal people's government shall use modern information technologies including but not limited to artificial intelligence, big data and mobile Internet to provide a natural person, legal person, or unincorporated organization with universal, intelligent and convenient legal risk self-test services.
The municipal development and reform, justice and commerce departments shall urge any natural person, legal person, or unincorporated organization to enhance their awareness of compliance risks in foreign-related operations, and support and guide a natural person, legal person, or unincorporated organization in improving their compliance management system.
Chapter Four Business Environment
Article 62 The administrative bodies and public utility agencies shall strengthen the planning and development of public infrastructure, and improve the public utilities to create a favorable atmosphere for work and business activities.
Article 63 The joint meeting mechanism of fair competition review shall be improved. The administrative body formulating policies and measures closely related to work and business activities of any natural person, legal person, or unincorporated organization shall conduct a fair competition review in accordance with relevant state rules, including policies and measures on market access, industry development, investment and business promotion, bidding and tendering, government procurement, and qualification standards. Matters that are controversial or difficult for departments to reach a consensus on shall be submitted to the joint meeting of fair competition review at the same administrative level for coordination.
The policies and measures formulated under exception provisions shall be submitted to the joint meeting of fair competition review at the same administrative level for record filing.
The participation of third-party institutions in fair competition review shall be encouraged.
Article 64 All organizations and individuals shall have the right to report any policies and measures suspected of violating the standards for fair competition review. The formulating bodies shall establish a mechanism for accepting and responding to complaints and reports concerning fair competition review, and promptly revise policies and measures that exclude or restrict competition.
Article 65 The social credit system shall be strengthened and a credit reference system covering the whole society shall be established. Government service, business, social and judicial credibility shall be continuously promoted, and the security of credit information safeguarded.
Article 66 The real estate registration body shall shorten and improve the process for real estate registration, strengthen information sharing with departments of taxation, public security, civil affairs and social security and financial institutions, conduct real estate registration, transaction and tax payment simultaneously, and provide online and on-site self-service for real estate registration information inquiries.
The processing of real estate registration and changing the accounts for water, electricity and gas bills shall be conducted in a coordinated manner. The real estate registration department is responsible for accepting all related applications and collect all materials in a one-off manner and forward them to public utility agencies, including but not limited to agencies of water, electricity and gas, for the parallel processing of the application.
Article 67 Where a natural person, legal person, or unincorporated organization apply for real estate mortgage loans with financial institutions, they may entrust the financial institutions with the formalities for real estate mortgage registration, and the real estate registration bodies shall accept such applications.
Article 68 A natural person, legal person, or unincorporated organization shall be encouraged to attract all types of high-end and urgently needed talents and keep the channels for talent flow smooth. All types of employers are equal in terms of supporting policies for talent attraction.
Article 69 A more open system for bringing in overseas talents and the administration of their exit and entry shall be implemented to support a natural person, legal person, or unincorporated organization in bringing in high-level overseas talents. Support shall be offered to bring in eligible returned overseas talents, foreign talents, and professionals from Hong Kong, Macao and Taiwan in terms of medical care, social security, household registration, taxation, housing, and education for children, and facilitate overseas talents in their stay and residence, return visa application, entry and exit formalities including customs clearance.
The procedures for foreign talents to work in Shenzhen shall be simplified. Permanent residence application of high-level foreign talents and professional and technical talents shall be facilitated. Foreigners who have obtained permanent residence status shall be given “citizen treatment”.
Article 70 The department of human resources and social security shall provide a natural person，legal person, or unincorporated organization with employment guidance, policy consultation, labor relation coordination and other services, and guide a natural person, legal person, or unincorporated organization in need to share employees by managing labor supply and demand, so as to raise the efficiency of human resources allocation.
Article 71 Where employers are unable to follow the law-based standard work hours due to their work and business features, while the special work hour is applicable, and they have implemented the irregular or comprehensive work hour system upon consultation with employees, they may implement the notification and commitment system.
Article 72 The application for setting up water, electricity and gas shall be streamlined and may be completed online, with application materials reduced and process shortened. The public utility agencies may not regard project planning and construction approvals as preconditions for the application of setting up water, electricity and gas; unnecessary preconditions irrelevant to technical specifications may not be introduced.
Article 73 Where any natural person, legal person, or unincorporated organization need additional supporting facilities beyond the red line in setting up water, electricity or gas, the public utility agencies for water, electricity, gas and drainage shall be responsible for the investment and development of such facilities. If a small-scale project enabling access to municipal public services needs to occupy and excavate roads, occupy urban green space, cut down and remove city trees, or involves other matters that are subject to approval, the notification and commitment system shall apply.
Article 74 The public power agency shall guarantee the normal and stable operation of power facilities and ensure that the power supply is up to national standards. The municipal industrial department shall strengthen supervision over the reliability of annual power supply by the public power agency, establish an assessment mechanism, and grant rewards or impose punishments based on the result.
Article 75 A list of administrative charges shall be introduced with clear basis and standards of charging. No charges beyond the list, the authority of relevant departments or the standards shall be collected. No repetitive charge shall be allowed. The list of charges shall be published and subject to public supervision.
The public utility agencies for water, electricity, gas, telecommunication, and postal service shall clearly mark the prices, reduce fee-charging items and may not charge in violation of rules.
Article 76 The municipal and district people's governments shall improve the service system for the construction, operation and management of government industrial housing, increase supply, strengthen supervision, guide the market in developing reasonable expectations, and foster the healthy and stable development of the industrial housing leasing market.
Article 77 Various types of industrial associations and chambers of commerce shall be cultivated and developed; restrictions on the number of the same type of industrial associations shall be lifted.
Industrial associations and chambers of commerce may not interfere with the entry or exit of a natural person, legal person, or unincorporated organization; no obvious or disguised compulsory collection of fees shall be allowed.
Article 78 International industry and standard organizations will be encouraged to domicile in Shenzhen; items requiring approval prior to the incorporation registration by the competent agency shall be canceled; the registration process shall be streamlined; the organizations could absorb new members worldwide and manage them by reference to relevant rules.
Article 79 Unless otherwise provided by laws, administrative regulations or decisions of the State Council, a natural person, legal person, or unincorporated organization may not be required to handle the following matters through intermediary institutions, including administrative licensing, industrial subsidies, government procurement, bidding and tendering, and public utilities. Administrative bodies may not designate an intermediary institution for a natural person, legal person, or unincorporated organization in obvious or disguised manners.
The intermediary institutions shall specify and publish the conditions, procedure, time limits, and charging standards for the aforementioned intermediary services.
Article 80 Administrative bodies shall promote mutual recognition of the evaluation and certification results by eligible evaluation institutions, and may not require a natural person, legal person, or unincorporated organization to repeat the evaluation.
Chapter Five Financing Facilitation
Article 81 Financial institutions shall be supported in expanding new functions of the financial market, improve financial service platforms for startup and innovation, and offer comprehensive financial services to a natural person, legal person, or unincorporated organization.
The national financial regulatory institutions stationed in Shenzhen and the local municipal financial regulatory departments shall strengthen guidance and supervision on financial services of financial institutions, improve capital supervision, behavior supervision and functional supervision, and improve financial services.
Article 82 The municipal and district people's governments and their relevant departments shall encourage the use of modern information technologies including but not limited to artificial intelligence, big data, block chain and mobile Internet and strengthen the development of financing service platform for public good to provide a natural person, legal person, or unincorporated organization with online, intelligent and mass investment and financing matchmaking services.
Article 83 Commercial banks shall be supported in exploring institutions and models for credit conditions, risk rating, review and approval, and post-lending management that serve the needs of a natural person, legal person, or unincorporated organization for innovation, startup, work and business activities, so as to improve credit management by a natural person，legal person, or unincorporated organization.
Article 84 Local financial institutions, including but not limited to small loan, financial guarantee, financial leasing and commercial factoring companies, shall be supported in developing featured financial products and services in accordance with relevant rules and facilitating financing to a natural person, legal person, or unincorporated organization.
Article 85 Tax departments, banking and insurance regulatory departments and banking financial institutions shall strengthen cooperation to transform the tax credit of a natural person，legal person, or unincorporated organization into financing credit, and give full play to the important role of tax credit information in the inclusive financial system.
Article 86 The development of credit information and credit rating institutions shall be encouraged. The collection and use of government service information and other data resources shall be supported in accordance with law to improve credit information services and credit rating.
Article 87 Commercial banks and other financial institutions may not perform any of the following acts in granting loans:
(1) Introducing unreasonable credit conditions;
(2) Introducing discriminatory threshold for private companies, and micro, small, and medium-sized enterprises;
(3) Reaching a compulsory agreement on converting part of the enterprise's loans into deposits;
(4) Taking deposits as a precondition for the approval and disbursement of loans.
Article 88 Financial institutions shall collect fees and enhance the transparency of service fees in accordance with relevant state rules, and may not charge service recipients in an unreasonable or disguised manner.
Article 89 A unified registration system for chattel and chattel mortgage shall be implemented to enable any natural person, legal person, or unincorporated organization to handle registration for chattel and chattel mortgage on a unified platform. When a natural person, legal person, or unincorporated organization handle the registration for chattel and chattel mortgage, they could give a general description of the security.
The parties under a chattel mortgage may reach an agreement that the security interest covers the security itself and its future product, earning, substitute and other assets.
A platform for security disposal shall be established to facilitate the realization of security interests by creditors.
Article 90 The municipal people's government may establish a risk compensation mechanism for intellectual property pledge financing to provide compensation in some proportion for eligible projects in which intellectual property pledge financing failed.
Article 91 Commercial banks shall be supported in increasing credit supply to private enterprises and micro, small, and medium-sized enterprises, establishing a green channel serving small and micro-sized enterprises, reasonably increasing support for medium and long-term loans and credit loans, and shortening the process of loan approval.
Article 92 Financial institutions shall be encouraged to offer small-loan guarantee and insurance, give full play to the credit enhancement function of insurance, and provide financing support for private enterprises, and micro, small, and medium-sized enterprises. Financial institutions shall be encouraged to vigorously develop the letter of guarantee business, and assist enterprises in paying into guaranty funds relating to enterprises with letters of guarantee instead of cash.
Article 93 Eligible private enterprises, micro, small, and medium-sized enterprises shall be supported and encouraged in expanding direct financing through issuing stocks, bonds and other financial instruments in accordance with law.
Article 94 The mechanism supporting the development of a natural person, legal person, or unincorporated organization through fiscal operations by local governments shall be improved to step up financing support for micro, small, and medium-sized enterprises by means of risk compensation for bank loans and risk sharing for financial guarantee.
Policy loan guarantee and re-guarantee institutions shall be encouraged to cooperate with commercial financial guarantee institutions in offering financial guarantee for micro, small, and medium-sized enterprises.
Article 95 Financial market connectivity and mutual recognition of financial products in Hong Kong and Macao shall be promoted. Innovative cross-border financial businesses shall be explored and expanded.
Chapter Six Regulated Supervision
Article 96 Administrative bodies shall set up a new, credit-based oversight mechanism, innovate supervision models, and develop a comprehensive supervision system featuring administrative regulation, industry self-discipline, public oversight and participation.
Article 97 The municipal and district people's governments shall adopt a prudent yet accommodating regulatory approach for new technologies, new industries, new forms and models of business in an inclusive and prudential manner, and formulate differentiated regulatory rules and standards under different circumstances.
Efforts shall be made to promote the application of intelligent supervision through modern information technologies, including but not limited to artificial intelligence, big data, block chain and mobile Internet, and off-site supervision including but not limited to remote supervision, mobile supervision, early warning and control shall be conducted.
Article 98 Administrative bodies shall take differentiated supervision measures based on the features and risk levels of different areas and credit standing of a natural person, legal person, or unincorporated organization. An oversight model drawing on random inspections by randomly selected law enforcement officers or inspectors and requiring the prompt release of inspection results shall be introduced across the board for the general areas and a full-coverage special supervision for key areas shall be conducted in accordance with laws and rules. However, the number of key regulatory matters shall be strictly controlled and the key supervision procedure regulated.
The above-mentioned list of key regulatory matters and specific measures shall be formulated by the municipal people's government.
Article 99 Efforts shall be made to promote the alignment of oversight standards, exchanges of law enforcement information and mutual recognition of results among different administrative bodies. Duplicated enforcement, enforcement exceeding competence and excessive enforcement shall be prohibited. The routine supervision and inspection by the same administrative department shall in principle be merged; if the routine supervision and inspection by different departments may be merged, the people's government at the same level shall organize such an integrated inspection by different departments.
Article 100 Punishment and education shall be combined. Administrative bodies shall give priority to persuasion, teaching, citing good examples, administrative guidance and rewards and other methods to address violations.
A lighter or mitigated administrative penalty may be given in accordance with law if the market entity with minor violations has taken the initiative to eliminate or lessen the harmful consequences or taken corrective actions after teaching. If the violation of the law is minor and has been corrected in a timely manner, causing no harmful consequence, the concerned market entity shall be exempted from administrative penalty in accordance with law.
Article 101 Where laws and regulations provide for the severity of punishment, the administrative bodies shall, in accordance with law, formulate specific benchmark for discretion over administrative penalty and publish it in time. If no specific benchmark for the discretion over administrative punishment has been formulated, no penalty may be imposed. The administrative bodies shall dynamically manage the specific benchmark for discretion over administrative punishment, with timely revision or abolishment in accordance with the realities.
Article 102 If an administrative body may achieve administrative purposes through non-enforcement means and measures, it may not implement administrative coercive measures.
Administrative bodies may not arbitrarily take administrative coercive measures to require a natural person, legal person, or unincorporated organization to cooperate with administrative management. Unless otherwise provided by laws and regulations, public utility agencies may not be required to stop the supply of water, electricity and gas to make a natural person, legal person, or unincorporated organization implement relevant administrative decisions.
Article 103 Administrative bodies may guide and urge a natural person, legal person, or unincorporated organization to operate in accordance with laws and rules by:
(1) Issuing general guidance or offering specific guidance and recommendations;
(2) Formulating and publishing various model texts of contracts;
(3) Reminding a natural person, legal person, or unincorporated organization of matters that may be easily overlooked through sending a prompt letter and other measures; or
(4) Advising or admonishing a natural person, legal person, or unincorporated organization with unlawful acts.
The administrative body may not force a natural person, legal person, or unincorporated organization to adopt model texts of contracts in the preceding paragraph or to force the person in charge of the enterprise into admonition.
Article 104 Where an administrative body penalizes acts of bad faith against a market entity in accordance with law, in accordance with laws and regulations, it shall formulate specific measures for penalizing acts of bad faith, clearly identify the ascertaining basis, standards, procedures, objection and disagreement, and exit mechanism, prescribe multi-level and category-specific penalties according to the nature, circumstances and degree of social harm of the violation of laws and agreements by entities that have committed acts of bad faith, and publish such information.
The joint punishment for acts of bad faith shall be administered in strict accordance with laws, regulations, rules and relevant state provisions.
Chapter Seven Rights Protection
Article 105 Equal protection shall be provided for the property rights and other legitimate rights and interests of any natural person, legal person, or unincorporated organization, and the personal and property safety of business owners shall be protected in accordance with law.
Any form of financial, material or manpower apportionment to a natural person, legal person, or unincorporated organization shall be prohibited, unless it is for state interests, public safety and other emergencies.
Article 106 Protection of the rights and interests of small and medium-sized investors shall be strengthened and the protection mechanism for the rights and interests of small and medium-sized investors shall be improved. The rights of small and medium-sized investors to know, to vote, to get profit, and to supervise shall be protected.
Article 107 The municipal and district people's governments and their relevant departments, judicial bodies and arbitration institutions shall establish the dispute resolution mechanisms covering mediation, arbitration, administrative review and litigation, provide diversified dispute resolution methods for a natural person, legal person, or unincorporated organization, impartially tackle all types of civil and commercial cases involving a natural person, legal person, or unincorporated organization in accordance with law, effectively resolve difficulties in the execution of legally effective court rulings, and safeguard legitimate rights and interests of any natural person, legal person, or unincorporated organization.
Article 108 The administrative bodies shall, in accordance with law, investigate and correct acts including but not limited to disclosure of or tampering with credit information in violation of regulations, or using credit information for personal gains, so as to provide rigorous protection for legitimate rights and interests of a natural person, legal person or unincorporated organization.
Article 109 An objection system for credit information shall be established and improved. If any natural person, legal person or unincorporated organization raise objection to certain information, the providers and collectors of such information shall make verification and provide feedback within the prescribed time limit, and the information proved to be incorrect shall be corrected or withdrawn immediately, and the adverse effects shall be eliminated.
Article 110 If a market entity is not satisfied with the administrative body's decision regarding confirmed acts of bad faith, or the documentation, information disclosure or penalties for such acts, it may request for administrative review in accordance with law if it believes that the administrative body is under one of the following circumstances:
(1) The penalties for acts of bad faith are not implemented in accordance with laws, regulations and rules;
(2) The facts are unclear and the evidences are insufficient;
(3) The decision is beyond the statutory authority of the administrative body;
(4) The penalties for acts of bad faith are clearly excessive;
(5) Other violations of laws, regulations and rules.
Where an administrative body introduces illegal penalties for acts of bad faith, which harm legitimate rights and interests of a market entity, the relevant departments and agencies shall take measures to eliminate the adverse effects and assume liability for compensation in accordance with law.
Article 111 The public security bodies shall promptly handle unlawful acts in accordance with law, including but not limited to disrupting the order of production and operation of a natural person, legal person or unincorporated organization or infringing on the personal and property security of producers and businesses, so as to ensure the normal order of work and business activities of enterprises.
Article 112 Measures including but not limited to securing, detaining and freezing assets shall be conducted in strict accordance with legal procedures. It is necessary to strictly distinguish the criminal assets from other property involved and the legitimate property, the property of enterprise-legal persons from the personal property of shareholders, the personal property of people involved and the property of their family members, and proceeds from the offence from the legitimate property.
Securing, detaining and freezing assets of the enterprise involved beyond the designated standards and scope shall be prohibited.
Article 113 Where it is necessary to handle assets involved through securing, detaining and freezing measures in accordance with law, a list shall be issued and the legal document shall be delivered. The decision on assets handling shall be made within the statutory time limit. The securing, detaining and freezing measures shall be lifted in a timely manner for assets unrelated to the case. For the secured and detained assets, the law enforcement body shall keep them in appropriate custody and may not use or damage including but not limited to sets. If any loss is incurred, the law enforcement body shall be liable for compensation in accordance with law.
Article 114 The system of custody, identification, valuation, auction and disposition of the assets involved shall be improved to protect legitimate rights and interests of the parties and their close relatives, shareholders and creditors in accordance with law.
Article 115 The judicial protection for a natural person, legal person or unincorporated organization shall be strengthened and illegal and criminal activities that violate legitimate rights and interests of a natural person, legal person or unincorporated organization shall be punished in accordance with law. The judicial standards shall be unified and the efficiency of judicial trial and enforcement improved, and the application of pre-trial compulsory custodial measures shall be reduced.
Article 116 A pilot demonstration zone for IPR protection shall be built and IPR protection shall be strengthened through the comprehensive use of legal, administrative, economic, technological and social governance measures.
The judicial and administrative protection for IPR shall be enhanced, mechanisms linking administrative and criminal law enforcement for IPR shall be refined, and the illegal infringement of IPR, including but not limited to trademarks, copyrights, patents and business secrets shall be struck hard at in accordance with law.
Article 117 Relevant departments responsible for IPR protection shall establish mechanisms for early warning and prevention and coordinated resolution of overseas intellectual property disputes, and step up guidance on the response to overseas intellectual property disputes.
A natural person, legal person or unincorporated organization shall be encouraged to set up mutual-aid funds for IPR protection and enhance the ability to defend their rights.
Article 118 Relevant departments responsible for IPR protection shall intensify administrative enforcement against IPR infringement.
If the circumstances of intentional IPR infringement are of a serious nature, punitive compensation shall apply in accordance with law, and the violator shall be liable to a more severe compensation.
Article 119 Relevant departments responsible for IPR protection shall establish a protection mechanism for new IPR business forms, conduct pilot programs to protect new types of IPR, improve the protection system for property rights and interests of digital IPR, including but not limited to Internet information, and actively explore and promote IPR protection in key industries and sectors and their key technical links, including but not limited to the Internet, cloud computing, artificial intelligence, big data, new business models, and sports event broadcasting.
Article 120 The mechanism of commercial mediation shall be improved to promote the equitable and efficient resolution of commercial disputes through mediation.
The development of foreign-related commercial mediation organizations shall be supported; foreign and Hong Kong and Macao professionals shall be admitted as mediators; exchanges and communication on business mediation in Guangdong-Hong Kong-Macao Greater Bay Area shall be strengthened to provide mediation services for a natural person, legal person or unincorporated organization to resolve foreign-related commercial disputes.
Article 121 Industrial associations and chambers of commerce shall be encouraged to establish professional mediation organizations to render mediation services concerning investment, finance, securities and futures, insurance, real estate, IPR, and international trade.
Article 122 The mechanisms for lawyers, legal service workers, community workers and volunteers to participate in mediation for people shall be established to improve mediation capacity in accordance with law, and effectively resolve civil and commercial disputes.
Article 123 The municipal and district people's governments and their related departments shall push forward the development of a public legal service system, improve the public legal service platform at the municipal, district, sub-district and community levels, and provide convenient, efficient, equal and inclusive public legal services.
Article 124 The judicial administrative department shall promote and guide legal professional institutions in providing high-level legal services to a natural person, legal person, or unincorporated organization in all stages, including but not limited to legal consultancy, contract review, IPR protection, equity design, financing, taxation, labor and employment, foreign-related disputes, etc.
The development of overseas legal service platforms shall be promoted and the relevant mechanisms for lawyers to participate in overseas investment decision-making, project evaluation and risk prevention and control shall be improved to offer foreign-related legal services to a natural person, legal person, or unincorporated organization.
Chapter Eight Legal Liability
Article 125 If the municipal or district people's governments and relevant departments and their staff violate the relevant provisions of these Regulations and fail to perform their duties in accordance with law or infringe upon the legitimate rights and interests of a natural person，legal person, or unincorporated organization, the relevant departments shall order them to make corrections; if the circumstances are serious, they shall be held accountable in accordance with laws and rules.
Article 126 If a public utility agency, in violation of the relevant provisions of these Regulations, introduces non-essential pre-set conditions for its service, fails to fulfill its responsibilities of building supporting facilities outside the red line, fails to disclose the list of charges or charges in violation of regulations, it shall be ordered to make corrections and held accountable in accordance with law by relevant departments.
Article 127 If an industrial association, chamber of commerce or intermediary service institution, in violation of the relevant provisions of these Regulations, interferes with the entry or exit of a natural person, legal person, or unincorporated organization, charges compulsory fees in an obvious or disguised manner, or fails to publish the conditions, procedure, timeframe and charging standards for statutory intermediary services needed for obtaining government approval, it shall be ordered to make corrections and held accountable in accordance with law by relevant departments.
Article 128 If a financial institution is under one of the circumstances as stipulated in Articles 87 and 88 of these Regulations, it shall be ordered to make corrections by relevant departments; if no correction is made within the time limit or if the circumstances are serious, it shall be punished in accordance with the relevant provisions of the Banking Supervision and Administration Law of People's Republic of China and surrender illegal gains, if any, in accordance with law.
Chapter Nine Supplementary Provisions
Article 129 The municipal and district people's governments and their related departments may formulate specific implementation measures in accordance with these Regulations.
Article 130 These Regulations shall come into force on January 1, 2021.
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