Regulations on Promoting the Development of Zhangjiang Hi-tech Park by Shanghai Municipal Government

(released on Jan. 17, 2000)

Article 1 (Intention)

According to CCP Central Committee and the State Council of China's Decision of Improving Technology Innovation, Developing Hi-Technology, and Realizing Industrialization, the regulations are drawn up in consideration of Shanghai's practical situation intending to promote Zhangjiang Hi-tech Park's development.

Article 2 (Leadership and Management Institution)

Shanghai Municipal Government establishes Zhangjiang Hi-tech Park Leader Committee (abbreviated as Park Leader Committee in the following) and its Office (abbreviated as Park Office in the following). The Park Leader Committee acts as the leader institution for Zhangjiang Hi-tech Park's (abbreviated as Park in the following) development and construction. It is responsible for the Park's plan & policy making, as well as organization and coordination. The Park Office behaves as both the acting institution of the Park Leader Committee and the agency of Pudong New Area Administration. It is in charge of the Park's development plan, implementation of preferential policy, accepting and organizing applications & evaluations of projects and enterprises entering the Park, and coordinating daily administration and annual check.

Article 3 (Project Examination Committee)

The Park establishes Project Examination Committee. Entrusted by the Park Office, the Committee carries out examinations of technology innovation, transformation & industrialization projects entering the Park. The Committee constitutes by experts, the Park Office, and related management departments. No less than 2/3 of total committee members should be experts of science and technology, economy, and law.

Article 4 (Industries Supported Emphatically)

The Park supports emphatically hi-tech industries as follows: I. Industries listed in Catalog of State Hi-tech Products; II. Bio-pharmaceutical industry; III. Information technology industry; IV. Other industries stipulated by the Municipal Government.

Article 5 (Project Application and Preferential Policy)

Projects and enterprises pursuing technology innovation, transformation and industrialization in the Park should either be approved by Shanghai Hi-tech Transformation and Industrialization Service Center, or be evaluated by the Project Examination Committee. Projects and enterprises having passed either foregoing procedure will enjoy preferential policies as follows: I. Preferential polices encouraging technology innovation released by the State and Municipal Government; II. Preferential polices encouraging technology transformation and industrialization released by the State and Municipal Government; III. Relevant preferential polices to promote development of small enterprises released by the Municipal Government.

Article 6 (Establishment of Enterprises)

Direct registration is implemented when establishing an enterprise in the Park. Conditions available, all the procedures should be finished in five working days by the industrial and commercial administration department. Pre-examination, stipulated by law and the State Council of China, should be finished by departments in ten working days, when "The Industrial & Commercial Department accept the application, make copies for relevant departments, co-examine, and finish in limited time". Enterprises applying for establishment may entrust the enterprise registration agencies to fulfill the procedures. Enterprise establishment pre-examinations stipulated by the Municipal Government and its affiliated departments are all canceled. Technicians and managers who apply to establish technological enterprises in either part-time or full time may apply to the industrial and commercial administration department with related personal demonstrations.

Article 7 (Autonomous Rights of Enterprises and R&D Institutions)

Enterprises in the Park implement legally autonomous management, employment and allotment, and assume sole responsibility for their profits and losses. According to their own needs of development, R&D institutions in the Park may autonomously set professional technology positions, job descriptions and performance conditions.

Article 8 (Notification and Promise)

Administration departments should notify enterprises in advance the legal duties in written form. Enterprises may automatically promise to administration departments their legal duties and assume corresponding legal responsibility.

Article 9 (Daily Administration and Annual Check Stipulation)

Departments of quality & technology inspection and pharmacy may, with legitimate licenses and under the law, inspect, check, and random check the products of enterprises in the Park. Check and inspection under the law carried out by the administration departments should be informed to relevant enterprises 15 days in advance, and be coordinated and arranged by the Park Office. Annual check by administration departments under law, rules, and stipulations should be coordinated and arranged by the Park Office.

Article 10 (Formalization of Charge Behavior)

The Park implements Enterprise Charge Record institution. Charge License (affiliation text) should be shown when enterprises are charged. Meanwhile, Shanghai Enterprise Charge Record should be filled item by item. Otherwise, the enterprises are entitled to refuse the charge requirements.

Article 11 (Management of Plan)

Plan management division should inquire the Park Office's suggestions before it examines the plan projects of the Park.

Article 12 (Intermediate Service)

The Park should implement intermediate service system for both individuals and enterprises that pursue technology innovation, transformation and industrialization. The system shall supply intermediate services covering management, technology, marketing, information, human resource, accounts, finance, standard & measure, patent, law, and notarization, etc., in accordance to international customs and domestic norms. The intermediate service agencies should enhance levels of technology transactions, technology property rights transactions, technology brokerage, technology consultation, intangible assets evaluation, technological investment consultation, and technology evaluation.

Article 13 (Simplification of Procedures of Going Abroad)

Examination and approving procedures of enterprises in the Park going abroad shall be simplified. With "once examined and approved, valid several times" policy, related divisions should give priority to critical projects relevant to technology innovation, transformation and industrialization.

Article 14 (Copyrights Protection)

Enterprises in the Park with autonomous copyrights of technology is stimulated. Meanwhile, enterprises are encouraged to grant returns and equity benefits to discoverers, designers, authors, and the key implementers of copyrights according to their actual contributions. Activities of technology innovation, transformation and industrialization in the Park should be subject to both the laws and rules of copyrights protection and treaties and agreements the P.R.C has entered or signed.

Article 15 (Venture Capital)

Both international and domestic venture capital institutions are encouraged to establish in the Park.

Article 16 (Prohibition Rules)

Administration departments and other institutions are prohibited from requiring enterprises in the Park to attend various check and examination activities; neither can they abuse their rights of charge in any name.

Article 17

(Complaint) Enterprises in the Park may complain to the Park Office when either of the following happens: management behavior against the Regulations or, preferential policies which should be enjoyed by the enterprises are not fulfilled.

Article 18 (Projects After-Examination)

The Park Office may entrust Project Examination Committee to supervise and evaluate the projects and enterprises engaged in technology innovation, transformation and industrialization. Projects and enterprises which have insufficient conditions, imperfect management, and little achievement in technology innovation, transformation and industrialization, after the evaluation of the Committee, may be canceled their qualification and privileges as hi-tech enterprises.

Article 19 (Implementation Region and Execution Date)

The Regulations are valid to all the enterprises in the developed areas of the Park and executed on the day of release.

back