Law of the people's Republic of China on the promo

2022-07-30
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Law of the people's Republic of China on the promotion of small and medium-sized enterprises (adopted at the 28th meeting of the Standing Committee of the Ninth National People's Congress on june29,2002)

order of the president of the people's Republic of China

(No. 69)

the law of the people's Republic of China on the promotion of small and medium-sized enterprises was adopted at the 28th meeting of the Standing Committee of the Ninth National People's Congress on june29,2002, It is hereby promulgated and shall enter into force as of January 1, 2003

President of the people's Republic of China Jiang Zemin June 292002 contents Chapter 1 general provisions Chapter 2 financial support Chapter 3 entrepreneurship support Chapter 4 technological innovation Chapter 5 market development chapter 6 social services Chapter 7 supplementary provisions Chapter 1 general provisions environment, promote the healthy development of small and medium-sized enterprises, This law is formulated to expand urban and rural employment and give full play to the important role of small and medium-sized enterprises in national economic and social development. More than 20 enterprises have an annual production capacity of more than 100000 tons

Article 2 the term "small and medium-sized enterprises" as mentioned in this Law refers to enterprises of various forms of ownership established within the territory of the people's Republic of China according to law, which are conducive to meeting social needs, increasing employment, complying with the industrial policies of the state, and whose production and operation scale belongs to small and medium-sized enterprises

the division standard of small and medium-sized enterprises shall be formulated by the Department in charge of enterprise work under the State Council according to the number of employees, sales, total assets and other indicators of the enterprise, combined with the characteristics of the industry, and submitted to the State Council for approval

Article 3 the State shall implement the policy of actively supporting, strengthening guidance, improving services, standardizing according to law and protecting the rights and interests of small and medium-sized enterprises, so as to create a favorable environment for the establishment and development of small and medium-sized enterprises

Article 4 the State Council is responsible for formulating policies for small and medium-sized enterprises and making overall plans for the development of small and medium-sized enterprises throughout the country

the Department in charge of enterprise work under the State Council organizes the implementation of national policies and plans for small and medium-sized enterprises, and provides comprehensive coordination, guidance and services for the work of small and medium-sized enterprises throughout the country

the relevant departments of the State Council shall, in accordance with the national policies and overall planning for small and medium-sized enterprises, provide guidance and services for the work of small and medium-sized enterprises within the scope of their respective responsibilities

the local people's governments at or above the county level and their subordinate departments in charge of enterprise work and other relevant departments shall provide guidance and services to the small and medium-sized enterprises within their respective administrative areas within the scope of their respective responsibilities

Article 5 the Department in charge of enterprise work under the State Council shall, in accordance with the national industrial policies and in combination with the characteristics and development status of small and medium-sized enterprises, determine the key points of support and guide and encourage the development of small and medium-sized enterprises by formulating the industrial guidance catalogue for the development of small and medium-sized enterprises

Article 6 the State shall protect the lawful investments of small and medium-sized enterprises and their investors, as well as the lawful gains derived from such investments. No unit or individual may infringe upon the property and legitimate income of small and medium-sized enterprises

no unit shall charge or fine small and medium-sized enterprises in violation of laws and regulations, and shall not apportion property to small and medium-sized enterprises. Small and medium-sized enterprises shall have the right to refuse, report and accuse acts in violation of the above provisions

Article 7 administrative departments shall safeguard the legitimate rights and interests of small and medium-sized enterprises, protect their rights to participate in fair competition and fair trading according to law, and shall not discriminate against them or attach unequal trading conditions

Article 8 small and medium-sized enterprises must abide by the laws and regulations of the state on labor safety, occupational health, social security, resources and environmental protection, quality, finance and taxation, finance, etc., operate and manage according to law, and may not infringe upon the legitimate rights and interests of employees or harm the social and public interests

Article 9 small and medium-sized enterprises shall abide by professional ethics, abide by the principle of good faith, strive to improve their business level and enhance their self-development ability

Chapter II financial support article 10 the central financial budget shall set up a subject of small and medium-sized enterprises and arrange special funds to support the development of small and medium-sized enterprises

local people's governments shall provide financial support to small and medium-sized enterprises according to the actual situation

Article 11 the state's special funds for supporting the development of small and medium-sized enterprises shall be used to promote the construction of the service system for small and medium-sized enterprises, carry out the work of supporting small and medium-sized enterprises, supplement the development funds for small and medium-sized enterprises and other matters supporting the development of small and medium-sized enterprises

Article 12 the State shall establish a development fund for small and medium-sized enterprises. The development fund for small and medium-sized enterprises consists of the following funds:

(I) special funds for supporting the development of small and medium-sized enterprises arranged by the central financial budget

(2) fund income

(III) wood bamboo powder was donated at the early stage of heating

(IV) other funds

the State encourages donations to SME development funds through tax policies

Article 13 the National Development Fund for small and medium-sized enterprises shall be used for the following matters to support the final operation of small and medium-sized enterprises:

(1) entrepreneurship guidance and services

(2) support the establishment of a credit guarantee system for small and medium-sized enterprises

(III) support technological innovation

(IV) encourage professional development and cooperation with large enterprises

(V) support small and medium-sized enterprise service institutions to carry out personnel training, information consultation and other work

(VI) support small and medium-sized enterprises to explore the international market

(VII) support small and medium-sized enterprises to implement cleaner production

(VIII) other matters

The administrative measures for the establishment and use of the development fund for small and medium-sized enterprises shall be separately formulated by the State Council

Article 14 the people's Bank of China shall strengthen credit policy guidance and improve the financing environment for small and medium-sized enterprises

the people's Bank of China should strengthen its support for small and medium-sized financial institutions, encourage commercial banks to adjust their credit structure and increase their credit support for small and medium-sized enterprises

Article 15 all financial institutions shall provide financial support to small and medium-sized enterprises, strive to improve financial services, change service style, enhance service awareness and improve service quality

all commercial banks and credit cooperatives should improve credit management, expand service areas, develop financial products suitable for the development of small and medium-sized enterprises, adjust credit structure, and provide small and medium-sized enterprises with services in credit, settlement, and investment management

Strive to maximize economic and social benefits

national policy oriented financial institutions shall, within their business scope, provide financial services to small and medium-sized enterprises in various forms

Article 16 The State shall take measures to broaden the direct financing channels of small and medium-sized enterprises, and actively guide them to create conditions for direct financing through various means permitted by laws and administrative regulations

Article 17 The State encourages various venture capital institutions established according to law to increase investment in small and medium-sized enterprises through tax policies

Article 18 The State promotes the construction of the credit system for small and medium-sized enterprises, establishes a credit information collection and evaluation system, and realizes the socialization of credit information inquiry, exchange and sharing of small and medium-sized enterprises

Article 19 people's governments at or above the county level and relevant departments shall promote and organize the establishment of a credit guarantee system for small and medium-sized enterprises, promote the credit guarantee for small and medium-sized enterprises, and create conditions for the financing of small and medium-sized enterprises

The measures for the administration of credit guarantee for small and medium-sized enterprises shall be separately formulated by the State Council

Article 20 the State encourages various guarantee institutions to provide credit guarantee for small and medium-sized enterprises

Article 21 The State encourages small and medium-sized enterprises to carry out various forms of mutual financing guarantee according to law

Article 22 the relevant government departments shall actively create conditions, provide necessary and corresponding information and consulting services, reasonably arrange necessary sites and facilities according to the needs of the development of small and medium-sized enterprises in urban and rural construction planning, and support the establishment of small and medium-sized enterprises

the local government shall actively support, facilitate and strengthen guidance for the unemployed and disabled to establish small and medium-sized enterprises

relevant government departments should take measures to broaden channels and guide small and medium-sized enterprises to attract graduates from colleges and technical secondary schools for employment

Article 23 The State supports and encourages the establishment and development of small and medium-sized enterprises in relevant tax policies

Article 24 The State shall, within a certain period of time, reduce or exempt income tax from small and medium-sized enterprises established by unemployed persons, small and medium-sized enterprises that absorb unemployed persons to the proportion set by the state in the current year, high-tech small and medium-sized enterprises that meet the state's support and encouragement policies, small and medium-sized enterprises established in ethnic minority areas and poverty-stricken areas, and small and medium-sized enterprises that resettle disabled persons to the proportion set by the state

Article 25 local people's governments shall, according to the actual situation, provide policy consultation and information services for entrepreneurs in the fields of industry and commerce, finance and taxation, financing, labor employment, social security, etc

Article 26 the enterprise registration authority shall, in accordance with the law, set conditions and legal procedures for the registration of the establishment of small and medium-sized enterprises, so as to improve work efficiency and facilitate registration. It is not allowed to set up preconditions for enterprise registration outside the provisions of laws and administrative regulations; No other fees shall be charged beyond the charging items and standards stipulated by laws and administrative regulations

Article 27 The State encourages small and medium-sized enterprises to introduce foreign capital, advanced technology and management experience to establish Chinese foreign equity joint ventures and Chinese foreign contractual joint ventures in accordance with the state policy on the utilization of foreign capital

Article 28 the State encourages individuals or legal persons to participate in the establishment of small and medium-sized enterprises by investing in industrial property rights or non patented technologies according to law

Article 29 The State formulates policies to encourage small and medium-sized enterprises to develop new products according to market needs, adopt advanced technology, production processes and equipment, improve product quality and achieve technological progress

small and medium-sized enterprises' technological innovation projects and technological transformation projects supporting large enterprise products can enjoy the loan discount policy

Article 30 relevant government departments shall provide policy support in planning, land use, finance, etc., promote the establishment of various technical service institutions, establish productivity promotion centers and incubation bases for scientific and technological enterprises, provide technical information, technical consulting and technology transfer services for small and medium-sized enterprises, provide services for product development and technology development of small and medium-sized enterprises, and promote

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