Promoting The Development Of Private Economy In Nanjing City Approach

Original Language Title: 南京市促进私营个体经济发展办法

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(May 7, 2003 Executive meeting of the Nanjing municipal people's Government on May 12, 2003, Nanjing municipal people's Government promulgated as of July 1, 2003, No. 216) Chapter I General provisions article in order to promote the healthy development of private and individual economy under the Socialist market economic system, and protect the legitimate rights and interests of private enterprises and individual industrial and commercial households, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city legally registered private enterprises and individual industrial and commercial households to apply this approach.
    Private enterprise in these measures include individual proprietorship enterprises and partnership enterprises and companies of the private sector as well as private technology enterprises and other organizations in the private sector.
    Third private economy is an important component of the Socialist market economy, it is enriching city, an important force in the lead in basically realizing modernization.
    Private enterprises and individual industrial and commercial households enjoy equal treatment with other market players, their legitimate rights and interests are protected by law, no organization or individual shall be inviolable.
    Private enterprises and individual industrial and commercial household shall comply with honesty and trustworthiness of business ethics, law, taxes, fair competition, and accept the supervision and administration in accordance with law, the executive authorities.
    Article Governments at all levels should promote the development of private and individual economy into the region for national economic and social development plan, strengthen guidance, equal market access conditions and fair market competition environment.
    Governments at all levels and the media shall strengthen the publicity of the private economy, create an environment conducive to good public opinion environment for private economic development.
    Article Fifth Municipal Government set up a leading group for development of private and individual economy, unified leadership and overall coordination of the city's private economy.
    Industry and commerce, taxation, science and technology, personnel, labor, economic, construction, and other relevant departments, in accordance with their respective responsibilities, to guide the development of private and individual economy, services and oversight.
    Article sixth in material civilization and spiritual civilization construction of private enterprises and individual industrial and commercial households have made outstanding contributions, at all levels of people's Governments shall give commendations and rewards.
    Article seventh city, district and County Chamber of Commerce and industry and private and individual economy associations, private scientific and technological enterprise associations, business federations, associations of entrepreneurs, as well as other social groups should be for private enterprises providing services and the development of individual industrial and commercial households, and maintain their legitimate rights and interests. Eighth chapter support and encouraged citizens with full civil capacity, except otherwise prescribed by laws and regulations, trades to choose from and projects directly to the industrial and commercial administrative departments to apply for establishing a private enterprise and individual businesses.
    Administration for industry and commerce shall, within 15 working days from the date of the acceptance approval, issued business license registration, it shall explain the reasons and inform the applicant in writing.
    In accordance with the provisions of laws and regulations need to apply for special approval, certificate or permit, the departments concerned shall be made within 15 working days from the date of acceptance; not for, it shall explain the reasons and inform the applicant in writing.
    Concerned to the community's commitment to the relevant procedures of short duration to 15 working days, in accordance with the term of the commitment process.
    Nineth people's Governments at all levels and the departments concerned must not be in laws and administrative regulations set for private enterprises and individual industrial and commercial households registered pre approval.
    Tenth people's Governments at various levels and departments concerned shall open administrative system, simplify procedures, improve efficiency, legal consultation, industrial policy, investment, information technology, social security, safety, quality, environmental protection, labor and personnel for private enterprises and individual industrial and commercial households providing facilitation services. 11th article private and individual industrial and commercial households according to national and province, and city about provides, can enjoy following offers policy: (a) meet industry oriented and provides conditions of private industrial enterprise, can declared and arrangements national, and province, and city of focus technical project, and focus technology innovation project, and major equipment localization innovation development project, and technology research project and high-tech industrialization project, and and other nature Enterprise enjoy equal offers policy; (ii) private investment meet provides conditions of industrial new do project, and included Current national focus encourages development of industry, and products and technology directory of domestic investment project, according to provides enjoy about offers policy; (three) private development new products, belongs to national, and provincial new products of, since identification production of day up, according to provides enjoy subsidies policy; was finds for national, and provincial and city level Enterprise Technology Center, and engineering technology research center, and Enterprise Postdoctoral Research Innovation Center of, enjoy corresponding of financial funds support; (four) private for research development new products, and technology, and New process of costs, and for research development new products, and technology, and new process and acquisition of test instrument and key equipment costs, in provides amounts within of, by tax organ approved, can according to actual occurred amount meter into cost in tax Qian deduction; (five) by technology administrative competent sector finds of private technology enterprise, its occurred of technology development fee than last year growth reached provides proportion of, by tax organ approved, can by provides proportion arrived buckle when degrees of should tax proceeds amount. By technology administrative competent sector finds for high-tech enterprise, and software enterprise of private technology enterprise, by national about provides respectively enjoy corresponding of enterprise income tax, and VAT relief of about policy; (six) new do independent of engaged in advisory, and information, and technology services of private, by tax organ approved, enjoy enterprise income tax relief of about policy; (seven) on personal owned enterprise and partnership Enterprise stop levy enterprise income tax,
    Investors derived from individual production and management of production and operation of collection of individual income tax; (VIII) place the urban unemployed, unemployed, laid off workers and reach the national proportion of persons with disabilities, and enjoy corresponding preferential policies in accordance with State regulations; (IX) according to relevant national and provincial and municipal regulations can enjoy preferential policies.
    12th people's Governments at various levels to establish the Fund of private enterprises in terms of application and use and other enterprises enjoy the same rights.
    13th to encourage commercial banks to adjust the credit structure to improve financial services, creating a fair financing environment, support the development of private and individual economy.
    14th people's Governments at various levels should coordinate with relevant departments, establishment of a social credit system, financing for private enterprises and individual industrial and commercial households providing credit information.
    City, district and County Chamber of Commerce and industry, private and individual economy associations can be set to private enterprises and individual business service organizations which provide financing guarantees, Governments at all levels shall support.
    Private enterprises, individual businesses and other enterprises or organizations may jointly invested in security agencies, private enterprises and individual industrial and commercial households to provide security for eligible services. 15th to encourage private enterprises to establish modern enterprise system support conditions of the private sector to implement shareholding system reform, through capital markets financing or issuing corporate bonds.
    Government departments should support the private sector and individual shares, holdings, mergers, acquisitions and other forms of participation in other enterprises, and individual industrial and commercial households and private enterprises enjoying preferential treatment. 16th to encourage the private sector producing export products, brought in from overseas funds, advanced technology and management methods, international exchanges and cooperation. Encourages the private sector to start processing trade abroad and the production-oriented enterprises, domestic exports.
    Encourage private bid for the import and export of the conditions set by the State.
    17th to encourage private enterprises and research institutions, universities, technical cooperation, development and Exchange, promote the industrialization of scientific and technological achievements, actively develop science and technology private enterprises.
    18th to encourage other enterprises and the establishment of private enterprises based on market allocation of resources, a stable supply of raw materials, production, sales, technical development and technological innovation of collaboration, stimulate and promote the development of private enterprises.
    19th to encourage and support the private sector and individual businesses to establish intellectual property and brand awareness, actively reporting domestic and foreign patent, ownership and protection of intellectual property rights, to create, nurture and develop brand-name products, striving to well-known trademarks and famous trademarks and contracts and keep promise in enterprises.
    20th field personnel in the city to offer private investors themselves, their spouses, minor children and to employ a foreign professional technicians, management personnel, in accordance with the provisions to apply for permanent residence in this city. 21st field individual industrial and commercial households and private enterprises in China and their temporary residence permit has been made in the secondary school (middle school), primary schools and kindergartens should receive their schooling, daycare, and according to the criteria set out in the Government free of charge.
    Relevant departments and units are not allowed to raise charges.
    22nd chapter protection private enterprises in market access, land use, credit, tax, public finance, import and export, use, Exchange, participation in government procurement and bidding and high-tech enterprise and software enterprise product identification, declared that the Government program, reward to obtain licenses and certificates of qualification as well as the introduction of talent and so on with other enterprises enjoy the same treatment.
    Article 23rd highest rated private sector personnel in the evaluation of professional titles, skill identification, advanced, and was awarded the honorary title of respect, and workers in other enterprises to apply uniform standards, and enjoy the same rights.
    Article 24th of private enterprises and individual industrial and commercial households shall enjoy property rights, intellectual property rights, trade secrets and other lawful rights and interests are protected by law.
    Private enterprises and individual legal rights and interests are violated, the relevant administrative organ shall promptly investigate. 25th people's Governments at all levels and the departments concerned in the design of private enterprises and individual rights and interests related to the normative documents, decisions or measures, the private enterprises and individual industrial and commercial households should be heard. Development of normative documents, decisions or measures shall not contain discriminatory private enterprises and individual industrial and commercial households, prejudice the legitimate interests of its content.

    26th private enterprise or individual legally obtained a business license, is engaged in production and business activities of legitimate documents, apart from the industrial and commercial administrative departments can be withheld or revoked by law, and no unit or individual shall not be withheld or revoked.
    27th private enterprise and individual legitimate place, no unit or individual may illegally occupy.
    Expropriation or relocation place of business of nation-building, the construction unit shall be placed in accordance with law and compensation.
    28th in addition to laws, administrative regulations or the State Council, the provincial government and its fiscal, price approved by the administrative departments administrative fees outside the project, shall not establish any Department or unit to private enterprises and administrative fees charged by the individual projects.
    Article 29th impose costs on the private enterprises and individual industrial and commercial households, staff shall produce premium basis, charging documents and charges made by the Department in charge of price permits uniformly printed and issued by the Department of finance basis.
    30th article administrative organ has following behavior one of of, private and individual industrial and commercial households right to refused to, and can to about sector complaints, and reported: (a) not legal of tax, and fine; (ii) illegal assessed human, and material, and financial; (three) forced or disguised forced requirements sponsored, and contributions, and fund-raising; (four) qualified purchase its specified of operators of commodity or accept service; (five) forced purchase securities, and ordered books newspaper; (six) violation voluntary principles, forced joined various industry association, and social groups;
    (VII) other acts of illegal or irregular.
    31st article private and individual industrial and commercial households of lawful rights and interests of by administrative organ against Shi, can through following way solution: (a) to private individual economic Advisory complaints Center, and private technology enterprise complaints Center (following collectively complaints Center) complaints; (ii) to Chamber of Commerce and industry or private individual economic association, and private technology enterprise Association, and Enterprise Federation, and entrepreneurs Association complaints; (three) to monitored organ reflect; (four) to about administrative competent sector or superior administrative organ complaints;
    (E) to apply for administrative reconsideration; (vi) file an administrative lawsuit in accordance with law.
    Article 32nd complaints complaint Center for private enterprises and individual industrial and commercial households, shall, upon receiving the complaint within 2 working days of responsible departments and units of transfer.
    Complaint Center for government departments and units for transferring complaints should be given within 10 working days, and inform the complainant and the complaint Center.
    33rd article private and individual industrial and commercial households should effective protection workers of lawful rights and interests of, perform following obligations: (a) law and workers signed labor contract, according to provides for workers handle pension, and unemployment, and medical, and injury, and birth, the social security, paid housing Provident Fund; (ii) guarantees workers statutory of rest, and vacation right and female workers, and minor workers of statutory right; (three) is strictly prohibited employment child labour; (four) strengthening on workers of post training, established sound labour protection system, guarantees production security;
    (E) shall pay the employees cash wage, minimum wage, payment of wages shall not be less than the city; (vi) other obligations shall perform in accordance with laws and regulations.
    The fourth chapter legal liability article 34th in violation of these regulations, shall be investigated for legal responsibility, is provided for by laws and regulations, from its provisions of laws and regulations do not provide, in accordance with the provisions of that approach.
    35th Executive in violation of the rules set up against private enterprises and individual industrial and commercial household registration approval prior to registration matters, its administrative act null and void, rectification by the higher administrative authority; the circumstances are serious, the supervisory organ or the higher administrative authority investigate directly responsible and Chief Executive responsibilities.
    Article 36th administrative organs and their staff in violation of the rules, and to private enterprises and individual industrial and commercial household charges, fines, assessments, and by higher administrative authorities or staff unit to which a rectification, refund receipt of money; the circumstances are serious, the supervisory organ or the higher administrative authority investigate directly responsible and Chief Executive responsibilities.
    37th Executive in violation of the rules fails to perform the statutory duties, the expense of private enterprise and individual legal rights, or do not enjoy the legitimate rights and interests, rectification by the higher administrative authority; the circumstances are serious, the supervisory organ or the higher administrative authority investigate directly responsible and Chief Executive responsibilities.
    Illegal exercise of powers, the executive authorities are not fulfilling their statutory duties, the expense of private enterprise and individual legal rights, in accordance with the People's Republic of China on State Compensation Act liability.
    Article 38th Government departments and units in violation of this regulation, complaint Center referred those complaints without any justified reason, is not given within 10 working days and reply, rectification by the complaint Center; it refuses, the supervisory organ or the higher administrative authority investigate directly responsible and Chief Executive responsibilities.
    39th a citizen, legal person or other organization violations of the legal rights of private enterprises and individual industrial and commercial households, shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law. Fifth chapter by-laws 40th article of the rules take effect on July 1, 2003.
                          Before the implementation of these measures, municipal, district and county governments and relevant departments to formulate normative documents, decisions or measures inconsistent with this approach, is subject to this approach.

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