Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384578.shtml
Shantou special economic zone approach to e-business promotion
(November 21, 2012 at the Shantou City Government 13th 19 Executive meeting November 21, 2012 143th promulgated by the people's Government of Shantou city as of January 1, 2013) article to promote the healthy and rapid development of e-commerce industry, improve the quality and efficiency of economic operation, in accordance with the fundamental principles of law and regulations, combined with the Shantou special economic zone (hereinafter referred to as the SAR) actually, these measures are formulated.
Article and related management activities within the scope of the special zone to promote e-commerce development, these measures shall apply.
E-commerce in these measures refers to the use of modern information technologies such as the Internet business activities.
Article adhere to the enterprise e-commerce promotion, industry self-regulation, Governments, focusing on cultivating the principles.
Article people's Governments at all levels should guide society through establishing and perfecting credit system of e-commerce and online payment, logistics and distribution system to encourage e-commerce enterprises ' technological innovation and scientific and technological achievements promotion, support the introduction of domestic and foreign well-known enterprises in e-commerce.
Government purchasing should give priority to electronically using e-commerce platform, information and transactions, payments, credit scoring and other activities. Municipal people's Government, establishment of a special fund for promoting the development of e-commerce, to promote the development of e-commerce.
Specific measures for the administration of the municipal finance administration together with the municipal development and reform administrations separately.
Article fifth municipal establishment national model cities to create a working group on electronic commerce, is responsible for directing and coordinating the SAR e-commerce promotion, the daily work of the Office of the leading group under the (hereinafter created).
Municipal economic and information technology Administrative Department is responsible for organizing the implementation of these measures.
Other relevant administrative departments, district (County) of people's Governments and their related administrative departments in accordance with their respective responsibilities, to promote the development of e-commerce and related administrative work.
Sixth of municipal Administrative Department shall, jointly with the municipal development and reform of economy and information technology, science and technology, urban and Rural Planning Department, preparation of the e-commerce development plan, in the area informatization master plan, approved by the municipal people's Government promulgated for implementation.
E-commerce development planning should be dovetailed with the SAR-related industry development plan.
Article seventh priority supports the following e-commerce projects:
(A) business, international trade, manufacturing, logistics, agriculture, tourism, financial services and other major e-commerce platform in the field of construction;
(B) the area of electronic commerce, electronic payments, security authentication, trusted transactions, cross-border transactions, e-commerce services and logistics information system construction;
(C) the development and application of key technologies of e-commerce;
(Iv) e-commerce software and hardware development with independent intellectual property rights and industrialization;
(E) development of urban and rural residents, especially the elderly and disabled for software and hardware products for e-commerce activities;
(Vi) mobile e-commerce. Found engaged in activities associated with the items listed in the preceding paragraph, e-commerce business, by project 30% of actual investment for the year to give one-off grants, grants the maximum amount not exceeding 1.5 million Yuan.
Specific measures for the determination of the municipal economic and information administration together with the municipal departments concerned separately.
Article eighth under the premise of not violating provisions on administration of Enterprise name registration, e-commerce companies can use the personalized words, including the own site domain name as the name of the font size.
Prohibited by laws and regulations or predecessor administrative licensing (approving), industrial and commercial registration of e-commerce enterprises, approved by the Administration for industry and commerce may apply according to the scope of its operations. E-commerce Enterprise Central Office area can be used as a residence (place of business) of industrial and commercial registration.
In compliance with State and local governments on shelter (the site) subject to the relevant provisions, only engaged in online e-commerce for the operation of the enterprise, can use their own or rented house as a residence (place of business) of industrial and commercial registration.
Nineth e-commerce enterprises to enjoy the following benefits:
(A) is determined by the national and provincial administrative fees project and is authorized to determine fees, charged in accordance with the minimum standards;
(B) according to law to confirm to enter the Park, enjoy the preferential treatment of the Park;
(Iii) confirmation by the law for the e-commerce industry development research center, depending on the situation to give financial assistance; (D) the Declaration of high-tech enterprises, high-tech products, advanced technology and service companies, in line with national and which is recognized by the province, priority referrals.
Meet the requirements of SAR technology development projects, support in the relevant Fund;
(E) under the same conditions, priority identification, assessment of e-commerce talent for SAR level talent and outstanding talents, enjoy appropriate treatment; (F) two years from the date of production, working capital and other necessary borrowing the money needed, under the same conditions to give higher priority to loans from financial institutions.
Obtain loans from financial institutions projects at grade with the lowest interest rate calculation;
(VII) commissioned a third-party logistics distribution, 50% grants its cover insurance costs, a single amount not exceeding 10,000 yuan;
(H) upon the approval of the Administrative Department of human resources and social security, economic and informational, e-commerce application senior management training and more than 100 people based application training, information provided to rental charges, fees, lecture fees, cost of 30% subsidies, single amount does not exceed 20,000 yuan; (I) the development of new technologies, new products, new technology research and development costs and costs of purchased software, enjoy related to asset accounting and preferential policies on enterprise income tax.
Within one tax year, eligible technology transfer income to enjoy relevant preferential tax policies;
(J) to enjoy the other benefits.
E-commerce enterprises in line with industrial policies and conditions of support, besides enjoying the concessions provided for in the preceding paragraph, enjoy special financial support for provincial and municipal finance.
E-commerce enterprises subject to the provisions of this article, and also enjoy the preferential approach set forth in tenth and 11th.
Article tenth within three years from the date of implementation of this approach, enterprise e-commerce platform 20% of the actual payment of municipal taxes for the year benefits tax difficulties and meet the criteria, approved by the municipal local taxation departments, property tax relief and township land use tax.
Within three years from the date of implementation of this approach, enterprise e-commerce platform to develop a new registration fee member or Alliance member companies, and 1000 Yuan subsidy, every e-commerce platform companies subvented by an amount of not more than 100,000 yuan a year.
Enterprise e-commerce platform to the municipal economic and information declared and approved by the Administration, to conduct a roadshow, advocacy, training, participate in a large-scale exhibition of electronic commerce market development activities, 30% of the total costs of the activities benefit, single event the amount no more than 50,000 yuan.
Enterprise e-commerce platform rentals of office space in the SAR's law by the district (County) or according to give office space rent subsidies to the project; rental of storage facilities for e-commerce logistics distribution, district (County) or Park to give one-off grants.
11th by the municipal economic and information technology, development and reform of the Administration identified the key enterprise e-commerce platform to give one-off grants of not more than 500,000 yuan.
International ranking 50 strong or domestic ranking ten strong of e-commerce platform enterprise in SAR registered established e-commerce enterprise of, except reference Shantou development Headquarters economic support funds management pilot approach give grants outside, its Qian three years degrees actual paid storage of business tax, and VAT and enterprise income tax, by city, and district (County) two level place financial into part, by city and district (County) Government respectively give 50% of grants.
12th by the municipal economic and information technology, development and reforming the administrative departments of business or e-commerce demonstration area base, no more than 1 million yuan of subsidies granted by the municipal people's Government, and found that within two years from the date each year give them authority not more than 500,000 yuan of subsidies. Article 13th annual demonstration enterprise of e-commerce application, recognition and rewards.
Award incentives by the city Administrative Department of economy and information technology together with the municipal development and reform, fiscal Administrative Department separately.
E-commerce platform of enterprise's annual sales income of more than 10 million Yuan for the first time, granted a one-time reward of 500,000 yuan.
14th through third-party e-commerce platform for e-commerce applications of small and micro businesses, except in accordance with the Hong Kong Special Administrative Region to support medium and small micro-enterprise development relevant to enjoy the discount, waiving of business registration fee, its first platform for basic services fee, give one-off grants.
Small micro e-commerce enterprises in the well-known third-party e-commerce platforms and activities, and actual storage of sales tax, VAT, corporate income tax and personal income tax of more than 500,000 yuan, according to municipal, district (County) level part of the local finance, municipal, district (County) Government 50% subsidies, respectively.
Medium and small micro-enterprise electronic commerce entrepreneurs, equal priority to participate in entrepreneurship training and business reviews.
15th full-time college education of college students in colleges and universities, independent within two years after graduation to start e-commerce businesses, since the registration date of the registration within three years is exempt from the registration type, license type and management of administrative fees. Referred to in the preceding paragraph, personnel agency costs of university graduates two years after graduation, to give one-off grants.
During the Agency participating professional and technical qualification. Referred to in the first paragraph of this article of the college graduates can apply for small secured loans, loans not exceeding 100,000 yuan, the loan term not longer than two years.
Get loan low profit items, in the benchmark lending rate floating range 3%, full interest subsidy (extension does not discount).
16th article city development and reform, and economic and information, and education, and science and technology, and home, and judicial, and financial, and human resources and social security, and land resources, and traffic transport, and agricultural, and statistics, and tourism, and food drug supervision management, and people's Bank of China Shantou Downtown branch, and business, and quality technology supervision management, and police organ traffic management, and financial, and intellectual property, and electronic Chief management, sector and units should according to their duties, do following e-commerce promote work:
(A) developed and released in a timely manner in accordance with the first paragraph of the article seventh project guidelines;
(B) establishing and perfecting enterprise registration, organization code electronic discovery system, various types of information such as license and online services;
(C) promoting the use of electronic signatures and authentication technologies;
(D) to strengthen the guiding, inspecting and supervising electronic commerce statistics and establish statistical index system of e-commerce;
(E) optimization of logistics and distribution layouts, promoting the construction of new logistics distribution centers, support community-building express delivery of online shopping sites;
(Vi) electronic commerce basic knowledge and applied skills training, cultivation and introduction development of e-commerce professionals, support has provided e-commerce enterprises and scientific research institutes, colleges and universities to set up educational practice and training base;
(VII) establish a public service platform for the integrity of the market, the introduction of third-party commercial credit certification professional bodies;
(H) promoting the construction of e-commerce services system, supporting all types of e-business information services, advisory and intermediary development;
(I) the development of medium and small micro-enterprise-oriented guide to e-commerce development, construction and promotion of third-party e-commerce platform for medium and small micro-enterprise;
(J) establishing and perfecting and adapting to the development of e-commerce industry venture capital, financing guarantee system, innovative e-commerce enterprise credit;
(11) encourages financial institutions to promote and improve electronic banking, insurance services and other related financial services, online payment function strengthened to improve risk prevention and control capacity, supporting the development of third-party electronic payment service platform;
(12) support conditional region (s) or Park to establish local industrial characteristic of e-commerce startup incubators and Al-Qaeda, forming industrial clusters, support conditional enhanced functions such as warehousing, distribution, purchasing wholesale market;
(13) the protection of major e-commerce projects with priority, encourages the use of land to develop e-commerce industry;
(14) support the demonstration zone in accordance with the principles of intensive land use, construction of public rental housing, rental Park employment-oriented personnel;
(15) the supporting e-commerce enterprises to participate in standardization of e-commerce pilot projects, initiated the establishment of e-business standards Alliance;
(16) strengthening and monitoring product quality in the field of electronic commerce, publishing quality monitoring information in a timely manner, guide rational consumption of consumers;
(17) for small commercial vehicles for distribution to provide traffic and temporary docking facilities.
City creates Office within three months from the date of implementation of this approach in conjunction with city economic and information technology administrative department determines the preceding paragraph of this article the work of responsible departments and units, instruction and supervision to its corresponding promotion, support measures, submitted to the municipal people's Government approval before implementation.
17th to establish and perfect a unified electronic port data exchange platform, foreign trade regulation of the electronic data submissions and improve the efficiency of customs clearance.
Customs, inspection and quarantine, border inspection, the maritime and port administration, economic and information technology Administrative Department shall advance application functions of the e-port information data exchange platform, provides support for foreign trade and e-commerce and convenience.
18th city e-commerce industry association should be formulated according to law, industry standards, strengthening self-discipline, and do one of the following e-commerce promotion:
(A) establishment of e-commerce credit evaluation system in the industry, promoting interoperability, interconnection and mutual recognition of the relevant credit evaluation;
(B) recommendations to the relevant government departments concerned on the development of e-commerce standards, promote members to develop e-commerce and organize the implementation of the relevant standards;
(C) assist in the establishment of statistical index system of e-commerce, statistics on a regular basis and publish a report on e-commerce;
(D) develop e-commerce features of contract demonstration text and submitted to the municipal administration for industry and Commerce after filing the application;
(E) conduct industry surveys to their members, and the Government to provide e-commerce development economic and technological development, market trends, forecasts and other information;
(F) the promotion of electronic commerce.
Relevant administrative departments, e-commerce, should support industry associations to carry out activities specified in the preceding paragraph of this article, and provide guidance.
Article 19th General Telecom and value-added telecommunication Enterprise shall perform the following obligations:
(A) provide efficient, high quality, competitive communications services and value-added services;
(B) establish a complaints mechanism, monitoring e-commerce enterprises on the use of the basic services, with the management activities of relevant government departments, without prejudice to the relevant management bodies carry out the normal trading activities;
(C) actively participates in the e-business service innovation;
(D) other obligations under the laws, regulations and rules.
20th e-business enterprise shall perform the following obligations:
(A) publishing product information;
(B) provided with the publication on the Internet or the promise of quality, price, service, consistent product or service;
(C) consumer requirements, in conformity with relevant provisions of the State or business practices, proof of purchase or service; (d) other obligations under the laws, regulations and rules.
21st enterprise e-commerce platform shall fulfil the following obligations:
(A) establish and improve network and information security system, providing necessary and reliable trading and transaction services;
(B) when there is a dispute, to the right of institutions dealing with disputes provide relevant information, and assist in the process;
(C) obtained in the course of business as part of its e-commerce services provided by business information, in accordance with the contract of confidentiality obligations;
(D) take appropriate measures to put an end to junk email communications;
(V) found engaged in illegal activities in its e-commerce platform, and stops immediately reported to the relevant authorities and assist in the investigation;
(F) the laws, regulations and other obligations under the regulations.
22nd consumer participation in e-commerce activities shall comply with laws and regulations and rules and requirements for online transactions and public morality, honesty and trustworthiness, through their own account (username) and password is responsible for implementation.
Consumers in e-commerce activities shall not be fictional or distorted the way other members shall not be improper manufacture or improve their credit rating, shall not release other suspected illegal or violates the service agreement information and trading rules.
23rd e-commerce businesses with consumer consent issued by the electronic purchase vouchers or documents, can be used as a basis for dealing with consumer complaints.
Municipality exploring established jointly by the Government and joined the enterprise funding, supervision of third-party consumer advocacy Fund, providing advance payments for consumers in consumer disputes.
24th, Commerce, economics and information technology, the monitoring of public security administrative departments should build up e-commerce platform and coordination mechanism, strengthen the supervision and inspection of electronic commerce activity, investigate and punish such illegal activity.
Administrative law enforcement personnel in carrying out supervision and inspection, and shall maintain electronic business enterprise's normal business activities, protecting their trade secrets. 25th administrative law enforcement departments when the evidence is collected, fixed, and should be Web pages, electronic data exchange, email, databases and other electronic evidence in writing of the physical carrier for fixed and displayed.
If necessary, use a computer storage device storage, video capture, etc assisted in other ways.
Electronic evidence in these measures refers to electronic documents stored in a computer's memory or external storage medium, to prove facts, data or information related to the event.
26th in violation of laws and regulations and these rules, by the relevant Administrative Department dealt with according to law, and cancels the corresponding preferential treatment.
Administrative departments directly in charge of personnel or other persons to promote e-commerce development and managing dereliction of duty, abuse of authority or engages in from their work units or by the competent administrative department shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
27th e-commerce enterprises in these measures refers to the enterprises that meet the following criteria:
(A) shall obtain the business license and registration and accounting for Shantou;
(B) according to law to register with the local state tax, local tax authorities tax;
(Iii) submit to the local industrial and commercial Administrative Department, statistics about statistics. 28th article of the measures enter into force on January 1, 2013.
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