Announcement of the Standing Committee of the 16th Guangzhou Municipal People's Congress

Announcement of the Standing Committee of the 16th Guangzhou Municipal People's Congress

(No. 47)

The Regulations of Guangzhou Economic and Technological Development Zone, amended and adopted at the 30th Session of the Standing Committee of the 16th Guangzhou Municipal People’s Congress on August 30, 2024, and approved by the 12th Session of the Standing Committee of the 14th Guangdong Provincial People’s Congress on September 26, 2024 respectively, are hereby promulgated, and shall become effective as of November 1, 2024.

The Standing Committee of the Guangzhou Municipal People’s Congress

October 12, 2024

Decision of the Standing Committee of the Guangdong Provincial People’s Congress on the Approval of the Regulations of the Guangzhou Economic and Technological Development Zone

(Adopted at the 12th Session of the Standing Committee of the 14th Guangdong Provincial People’s Congress on September 26, 2024)

The 12th Session of the Standing Committee of the 14th Guangdong Provincial People’s Congress reviewed the Regulations of the Guangzhou Economic and Technological Development Zone submitted for approval by the Standing Committee of the Guangzhou Municipal People’s Congress, which did not contradict the Constitution, laws, administrative regulations, and local regulations of this Province, and decided to approve these Regulations, which shall be promulgated by the Standing Committee of the Guangzhou Municipal People’s Congress for implementation.

Regulations of the Guangzhou Economic and Technological Development Zone

(Drafted at the 22nd Session of the Standing Committee of the 8th Guangzhou Municipal People’s Congress on October 7, 1986; adopted at the 24th Session of the Standing Committee of the 6th Guangdong Provincial People’s Congress on January 22, 1987; amended for the first time, which was adopted at the 9th Session of the Standing Committee of the 10th Guangzhou Municipal People’s Congress on May 20, 1994, and approved at the 11th Session of the Standing Committee of the 8th Guangdong Provincial People’s Congress on November 17, 1994 in accordance with the Decision on the Amendment to the Regulations of the Guangzhou Economic and Technological Development Zone; amended for the second time, which was adopted at the 37th Session of the Standing Committee of the 11th Guangzhou Municipal People’s Congress on December 13, 2002, and approved at the 2nd Session of the Standing Committee of the 10th Guangdong Provincial People’s Congress on April 2, 2003 in accordance with the Decision of the Standing Committee of the Guangzhou Municipal People’s Congress on the Amendment of the Regulations of the Guangzhou Economic and Technological Development Zone; amended for the third time, which was adopted at the 29th Session of the Standing Committee of the 15th Guangzhou Municipal People’s Congress on November 20, 2019, and approved at the 22nd Session of the Standing Committee of the 13th Guangdong Provincial People’s Congress on July 29, 2020 in accordance with the Decision of the Standing Committee of the Guangzhou Municipal People’s Congress on the Amendment of 32 Local Regulations Such as the Regulations of the Guangzhou Economic and Technological Development Zone; amended for the fourth time, which was adopted at the 49th Session of the Standing Committee of the 15th Guangzhou Municipal People’s Congress on May 27, 2021, and approved at the 35th Session of the Standing Committee of the 13th Guangdong Provincial People’s Congress on September 29, 2021 in accordance with the Decision of the Standing Committee of the Guangzhou Municipal People’s Congress on Sorting Out the Provisions Under Local Regulations of Guangzhou That Are Inconsistent with the Civil Code of the People’s Republic of China; and amended at the 30th Session of the Standing Committee of the 16th Guangzhou Municipal People’s Congress on August 30, 2024, and approved at the 12th Session of the Standing Committee of the 14th Guangdong Provincial People’s Congress on September 26, 2024.) 

Regulations of the Guangzhou Economic and Technological Development Zone

Contents

Chapter I General Provisions

Chapter II The Administrative System

Chapter III Development and Construction

Chapter IV Industrial Development

Chapter V Opening-up and Cooperation

Chapter VI Service Guarantees

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1

These Regulations are formulated for the purposes of promoting the innovation, high-level opening-up and high-quality development of the Guangzhou Economic and Technological Development Zone, accelerating its development of new quality productive forces, and creating a new highland for the reform and opening-up in accordance with the relevant laws and regulations and in light of the actual conditions of this City.

Article 2

These Regulations are applicable to such activities as the planning, construction, development, management and services of the Guangzhou Economic and Technological Zone (hereinafter referred to as the “Development Zone”) established with the approval of the State Council.

Article 3

The Development Zone shall follow the principles of opening-up leading, reform and innovation, green development, cluster and intensification, and priority for efficiency, give full play to the role of the opening-up platform, comprehensively build an open economy and institutional innovation pilot zone, a new-type industrial development leading zone, and a high-level business environment demonstration zone.

Article 4

The Municipal People’s Government shall strengthen its leadership in the construction of the Development Zone to leverage the role of the Development Zone as an opening-up platform, provide support to such items as the arrangement of key projects and pilot implementation of policies, and make strides in resolving major issues concerning the reform and innovative development of systems and mechanisms within the Development Zone.

The relevant departments of the Municipal People’s Government shall strengthen their guidance to the Development Zone on pilot implementation of policies and policy innovations, and work with the authority of the Development Zone to promote the implementation of innovative measures related to the systems.

Article 5

The Development Zone shall accelerate the interactive development with such areas as the China (Guangdong) Pilot Free Trade Zone, and replicate the reform experience of the Pilot Free Trade Zone into practice in accordance with the law. The Development Zone may exercise the administrative authority at the municipal level vested in other state-level economic functional zones by the authority of this City.

The Development Zone shall strengthen the coordinated development with such areas as the China-Singapore Guangzhou Knowledge City and the Guangzhou High-tech Industries Development Zone, and advance the integrated development in such fields as the opening-up, business environment, innovation and entrepreneurship, intellectual property, and industrial development.

The Development Zone shall strengthen its cooperation and exchanges with other economic functional zones in China, and establish strategic cooperative relationships with them based on such considerations as regional characteristics, industrial advantages and factors allocation to achieve resources sharing and complementary advantages.

Chapter II The Administrative System

Article 6

The Development Zone establishes the Administrative Committee (hereinafter referred to as the “Committee”) to exercise the administrative authority at the municipal level on behalf of the Municipal People’s Government. The Committee is responsible for such matters as the planning, construction, development, administration and service of the Development Zone, and organizes to implement the Regulations.

The Committee shall perform the following functions and duties by law:

(1) To formulate and publish documents of administrative normative documents of the Development Zone;

(2) To prepare and implement the overall development planning and various special project planning of the Development Zone;

(3) To organize and prepare the national territory spatial planning of the Development Zone, and approve detailed plans;

(4) To implement the administration of land use within the Development Zone;

(5) To be responsible for such matters as industrial development, technological innovation, intellectual property, investment attraction, economic statistics and services for enterprises within the Development Zone;

(6) To be responsible for the comprehensive administration of such matters as the finance, state-owned assets management, natural resources, housing and urban-rural construction, human resources and social security, and safety supervision within the Development Zone; and

(7) To perform other duties vested in by the national, provincial and municipal authorities to the Committee in accordance with the law.

The Committee and its subordinate agencies may implement its administration through such means as establishing a joint office with the local district people’s government and the relevant department.

Article 7

The Municipal People’s Government shall formulate and publish a list of administrative authority at the municipal level exercised by the Committee within one year after these Regulations become effective, and conduct timely evaluation and dynamic adjustments based on the actual situation.

The Municipal People’s Government and its relevant departments shall delegate its administrative authority of economic construction at the municipal level to the Committee based on the principle of “decentralizing the administrative power as much as possible”, except for major issues that shall be administrated by the Municipal People’s Government or coordinated by the whole City in accordance with the law.

Article 8

The Committee shall incorporate the administrative powers entrusted by relevant ministries and commissions under the State Council, or the Provincial or Municipal People’s Government and its relevant departments into the List of Departmental Powers and Duties, and formulate specific measures for the implementation thereof.

The Committee shall report, on regular basis, the information on the exercise of delegated powers to the relevant competent department.

Article 9

The Committee may specify the relevant administrative agencies to be responsible for such matters as the development and construction, investment promotion, industrial development and services for enterprises of functional parks based on the needs of the Development Zone.

The Committee may entrust, in accordance with the market-oriented principle, professional agencies to carry out such works as investment attraction and corporate entry services, and establish a performance evaluation and incentive system based on such factors as the result of investment attraction and service effectiveness. It may also entrust social organizations to undertake transaction management and public service matters in the Development Zone with the professional, technical, or socially participatory nature.

The Committee may implement a human resources management system with multiple mechanisms such as the appointment and employment, and establish a diversified remuneration management mode such as the annual salary, the agreed salary or the part-time salary. The eligible personnel for public administration and services may enjoy the treatment of talent support and service guarantee benefits.

Chapter III Development and Construction

Article 10

The Committee shall follow the principles of united leadership and management in urban planning, and safeguard the implementation of the planning and site selection of major public interest projects or cross-regional projects.

The Committee shall adopt the regular assessment system for strategic urban development planning and national spatial planning, and report to the municipal planning and natural resources department in the first quarter of the current year on the implementation of the national spatial planning in the previous year.

Article 11

The Municipal People’s Government shall guarantee the construction and development land use in the Development Zone, ensure the quota of construction land use on a priority basis in the annual land use plan for the projects included in the annual provincial or municipal key construction project plans of the Development Zone.

The Committee shall ensure that the land use is dominated for industrial development, and that the construction land use shall be given priority to advanced manufacturing and strategic emerging industries.

Article 12

The Committee shall explore and innovate diversified methods and modes of land supply, effectively coordinate collective construction land for commercial use, reserve industrial development land in urban renewal, increase land use supply for industrial development, and implement such land supply models as the transfer of customized industrial land and industrial land with planning.

Flexible mechanisms such as leasing first before the transfer of land use right and the transfer of land use right for a flexible period may be adopted for newly increased industrial land and existing industrial land within the Development Zone that conforms to the national spatial planning and industrial policies.

Article 13

The Committee shall strengthen the progress control and project process supervision over the development and construction of industrial land, and establish a whole life cycle supervision system for industrial land use which is guided by indicators such as investment per mu (0.0667 hectare), added value per mu (0.0667 hectare), and revenue per mu (0.0667 hectare).

The Committee shall implement the withdrawal mechanism of enterprise land use by law. Where circumstances of withdrawing the land use right explicitly agreed in the compensated use contract and project supervision agreement of state-owned land use rights, and when one of such circumstances as stipulated by law or agreed by the parties occurs, the land supplier shall recover the right to use state-owned land in accordance with the law or the agreement.

The Committee shall improve the land-use right transfer mechanism for industrial land use, and specify such content as the conditions and circumstances for transferring the land-use right and the above-ground buildings in the contract of transferring the land-use right for industrial land.

Article 14

The Committee shall make innovations on the development and utilization mechanism of reserved land and inefficiently used industrial land, expand the industrial development space and promote land saving and consolidated use through such means as adjustment of the floor area ratio, plant division and transfer, reasonable compensation for land collection and storage, attraction of investment for secondary land development, land replacement, and integrated land development.

Article 15

The Committee shall adhere to sustainable development, put into effect the zoning control of ecological environment, implement the systems of environmental impact assessment and pollution permit management, advance the circulated transformation and green factory construction of industrial parks, promote the application of environmental protection technologies such as clean energy, energy conservation, and reduced pollution and carbon emissions, carry out cleaner production, support enterprises’ coordinated innovation on energy saving and reduced emission, reduction of energy consumption to increase the efficiency, and the reduction of pollution and carbon emissions so as to develop green and low-carbon industries.

Article 16

The Committee and the District People’s Government where the Development Zone is located shall make innovations on an integrated development mechanism of the industry and the city, optimize the national spatial planning, improve and develop functional facilities such as high-level business, trade and tourism, medical care, elderly care, and cultural education to promote harmonious development between the industry and the people’s living environment.

For the public matching facilities constructed in a location outside the administrative area of the Development Zone that provide services for the Development Zone or major projects, its construction and management service may be entrusted with the Committee for organization and implementation.

Article 17

The Development Zone shall set up and improve its public infrastructures such as water supply, power supply, gas supply, water emission, communication, road, docks, schools, and hospitals, advance the digital transformation and upgrading of the infrastructures, and build smart (industrial) parks and intelligent (industrial) parks.

Social capitals are encouraged to participate in the investment and construction of such projects in the Development Zone as those involving public services, infrastructures, and specialized industrial parks.

Chapter IV Industrial Development

Article 18

The Development Zone shall focus on the development of the following industries:

(1) Industries such as electronic information, artificial intelligence, new displays, integrated circuits, automobile manufacturing, new materials, green energy, bio-manufacturing, high-end equipment, digital industry, low altitude economy, beauty and health;

(2) Producer services industries such as industrial design, transformation of scientific and technological achievements, intellectual property, modern logistics, inspection, testing and certification; and

(3) Future industries such as quantum technology, optical communication and terahertz, and life sciences.

The Committee shall formulate, publish and adjust dynamically the catalogue of key industries of the Development Zone.

Article 19

The Committee shall formulate policies to support the transformation and upgrading of traditional industries, and the promotion of advanced manufacturing and strategic emerging industries, optimize the industrial structure and layout, promote the agglomerated development of key industries such as integrated circuits, automobile manufacturing, new materials and digital industries, support enterprises in creating digital industry innovation centers, smart factories and workshops, and accelerate the transformation and upgrading of traditional manufacturing industries to high-end manufacturing, intelligent manufacturing and green manufacturing industries.

The Committee shall establish industrial cooperation and innovation mechanisms such as industrial policy sharing, project co-construction, and benefit sharing, optimize continuously the functions of industrial parks, accelerate the cultivation of leading manufacturing enterprises as well as key and core enterprises in the industrial chain and supply chain, attract the gathering of upstream and downstream enterprises in the industrial chain, so as to build an industrial ecosystem for the integration and development of large and medium-sized enterprises, and cultivate clusters of advanced manufacturing.

The Committee shall rely on such platforms as the China-Singapore Guangzhou Knowledge City and the Guangzhou International Biological Island to innovate the mode of biomedical regulatory services, strengthen the integration of industry, academia, research and application, so as to build a biomedical R&D center and an industrial highland, and develop a world-class cluster of biomedical industry.

Article 20

The Municipal People’s Government shall support the Development Zone in constructing a public service platform for scientific and technological innovation, giving priority to laying out national laboratories, national technology innovation centers, and major national scientific and technological infrastructures, and introducing such innovative resources as domestic and foreign institutions of higher learning, and research institutions.

The Committee shall strengthen its coordinated protection of intellectual property rights, optimize intellectual property insurance business, establish and improve the service system of protecting intellectual property rights and the mechanisms of resolving intellectual property disputes.

The Committee shall optimize its international patent application services, and guide innovation entities to use channels such as the global service system of the World Intellectual Property Organization for improving the management and protection level of intellectual property rights.

The Committee shall cultivate industrial organizations of technological innovation such as new-type R&D institutions, support enterprises in the Development Zone to implement patent navigation projects, construct technological R&D centers, and enhance independent innovation capabilities based on their needs of industrial innovation.

The Committee shall increase the construction and opening-up of application scenarios for the transformation of scientific and technological achievements, and support the application of new technologies, new models and new products in such fields as industrial development, urban construction, and people’s livelihood services, to improve the application and promotion of scientific and technological achievements.

Article 21

The Committee shall develop innovation and entrepreneurship service platforms such as mass maker spaces, university science and technology parks, and science and technology business incubators, build public technology service platforms, expand financing channels for enterprises, use government procurement policies to support innovative products and services, incubate and cultivate science and technology-based entrepreneurial teams and start-ups through such means as guiding equity investment.

The Committee may set up a special fund to provide financial support for important projects and key technologies in line with the direction of industrial development through such means as venture capital.

Article 22

The Development Zone establishes a special fund for scientific and technological development, which shall be used for the research, introduction, development, application and innovation of high and new technologies.

The Committee shall, in accordance with the relevant national provisions, expand the opening-up of financial industry to the outside world, improve diversified financial service mechanisms such as enterprise equity investment, intellectual property-based pledge financing, credit loans, corporate bonds, listing financing, and innovate the models of inclusive financial services, scientific and technological innovation, and industrial development.

The local financial management departments of this City and the Committee shall formulate policies and measures to guide banking financial institutions and local financial organizations to strengthen the medium and long-term funding support for manufacturing enterprises and key projects in accordance with the relevant national regulations; The local financial management departments of this City and the Committee shall guide insurance financial institutions to provide financial services such as the insurance fund support, enhanced credit financing, and risk protection in accordance with the relevant national regulations.

Chapter V Opening-up and Cooperation

Article 23

The Committee shall establish and improve its service system for foreign investment, innovate the ways of attracting foreign investment, improve the level of liberalization and facilitation of foreign investment, actively attract foreign investment and undertake the transfer of international high-end industries, and introduce functional institutions such as the regional headquarters, research and development, finance, purchases, sales, logistics and settlement departments of multinational companies to promote stable growth of foreign investment.

Article 24

The Committee shall strengthen the construction of international cooperation platforms, innovate the cooperation and market-based development models of international cooperation parks, guide enterprises to actively participate in international cooperation of production capacity, and carry out talent communication, technical exchange, and cross-border cooperation with the innovation entities from the countries of jointly constructing the “Belt and Road” Initiative.

The Committee shall improve the matching policies to support entities such as enterprises and new-type R&D institutions in the Development Zone to carry out international technical exchange and cross-border cooperation, introduce and gather high-end international innovation resources, participate in the formulation of international standards and rules, and develop such platforms as international scientific and technological cooperation bases and overseas innovation centers.

Article 25

The Committee shall strengthen its connection with international rules in accordance with the law in the fields such as scientific and technological innovation, intellectual property, financial service, urban management and legal service, improve the system of investment facilitation focused on process supervision, promote the high-level opening-up in such sectors as medical care, science and technology, finance, education and telecommunications.

The Development Zone supports foreign patent agencies to set up resident representative offices in the Zone to conduct business according to national regulations.

Article 26

The Committee shall pilot in the fields such as the cross-border capital flow, import of high-end equipment and materials, facilitation of the trade and investment, and cross-border data flow, to explore feasible models for rule connection and mechanism docking among Guangdong, the Hong Kong SAR, and the Macao SAR.

The Committee shall advance, in accordance with the relevant national provisions, the recognition of professional titles and qualifications in the Guangdong-Hong Kong-Macao Greater Bay Area, promote and facilitate professional talent from the Hong Kong SAR and the Macao SAR in the fields such as architectural planning, medical and health care, lawyering, and accounting to practice in the Development Zone, strengthen the connection with the counterparts of the Hong Kong SAR and the Macao SAR in such aspects as education, medical care, and social security for the improvement of its policies and measures to facilitate the work and living of Hong Kong and Macao residents in the Development Zone.

Chapter VI Service Guarantees

Article 27

The Committee shall optimize its business environment, deepen the reform of relatively centralized administrative licensing, carry out such services as customized approval and commitment-based credit approval, and simplify the approval requirements and procedures to improve the efficiency of its approval services.

The Committee shall innovate its mechanisms for facilitated registration of cross-border commercial affairs, establish and improve the “cross-border communication” platform for commercial registration in Guangzhou, the Hong Kong SAR and the Macao SAR to provide “one-stop” service for overseas investors from such areas as the Hong Kong SAR and the Macao SAR.

The Committee shall establish an inclusive and prudent regulatory mechanism of new-type economic forms featured with new technologies, new industries, new forms, and new models, introduce third-party professional institutions in such fields as the accounting, law, and insurance, and develop a multi-party collaborative governance mechanism with the involvement of stakeholders such as the government, enterprises, and associations to stimulate market dynamics and creativity.

Article 28

The Committee shall promote the inter-connectivity and sharing of government data, improve the digital government platform and the management mechanism, establish and improve its e-government service and regulatory system that is intelligent, efficient and convenient to people.

The Municipal People’s Government and its relevant departments shall provide support to the Committee in such aspects as the standardization of handling procedures for government service matters, adjustment of the authority of business systems, and the sharing of government data.

Article 29

The Committee shall formulate, in light of the industrial development, a catalogue of urgently needed talent, improve the selection criteria for high-level talent, and focus on the introduction of strategic scientists, leading scientific and technological talent, high-level innovation teams, young scientific and technological talent, outstanding engineers, and highly skilled talent.

The Committee shall improve the matching policies to support domestic and foreign institutions of higher learning and research to set up research institutes, academician workstations, post-doctoral research platforms, talent training bases and entrepreneurship incubation bases in the Development Zone to cultivate high-level and highly-skilled talent.

The municipal human resources and social security department shall support such employers as large-scale enterprises, institutions of higher learning, research institutions, and new-type R&D institutions within the Development Zone to conduct their independent professional title evaluation.

Article 30

The Committee shall improve its talent-related policies and service guarantee systems, and establish a “one-stop” talent service platform to provide talent with such services and guarantees as the transfer of household registration, housing, entry and exit, residence, medical care, children’s education and social insurance. The specific guarantee measures for talent in the Development Zone shall be formulated and published by the Committee.

Article 31

The Committee shall formulate such measures as rewards and subsidies to benefit enterprises and the public in accordance with the law, prepare and publish a list of policy commitment items and the service guide, and ensure targeted delivery of such list and guide.

The Committee shall implement the mode of “directly benefit without prior application” for enterprises to enjoy preferential policies; and through such modes as inter-departmental information sharing, the eligible organizations or individuals shall directly benefit from the preferential policies without the requirement of prior application.

Article 32

The property rights and other legitimate rights and interests of investors in the Development Zone shall be protected by national laws, regulations and these Regulations.

The Committee shall establish and improve, in accordance with the principles of openness, transparency, efficiency and convenience, the mechanisms for enterprises’ complaints, promptly dealing with the problems reported by the enterprises or investors, as well as coordinating and improving the relevant policies and measures.

Chapter Ⅶ  Supplementary Provisions

Article 33

The planning, construction, development, administration and service activities within the areas approved or entrusted to the Committee for the administration by the Provincial or Municipal People’s Government shall be implemented in accordance with the provisions of these Regulations.

The planning, construction, development, administration and service activities in the radiation-driven areas of the Development Zone determined by the Municipal People’s Government shall be implemented with reference to these Regulations.

Article 34

These Regulations shall come into effect as of November 1, 2024.

Remark：In the event of any conflict between the Chinese and English versions of these Regulations, the Chinese version shall prevail.

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