Normative Document No.1 [2023] of the Bureau of Development and Reform of Nansha Economic and Technological Development Zone of Guangzhou Municipality
Notice on Issuing the Implementation Rules of the Supporting Measures to Further Promote the Development of Headquarters Economy in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone)
All towns (street communities), departments of and entities directly under Nansha Economic and Technological Development Zone (Nansha District),
The Implementation Rules of the Supporting Measures to Further Promote the Development of Headquarters Economy in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone) have been reviewed and approved in accordance with the procedures and are hereby issued to you for your compliance and implementation. Problems encountered in the implementation shall be directly reported to the Bureau of Development and Reform of Nansha Economic and Technological Development Zone of Guangzhou Municipality.
Bureau of Development and Reform of Nansha Economic and Technological Development Zone of Guangzhou Municipality
July 26, 2023
Implementation Rules of the Supporting Measures to Further Promote the Development of Headquarters Economy in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone)
Chapter I General Provisions
Article 1 These Implementation Rules are formulated as part of the efforts to implement the Supporting Measures to Further Promote the Development of Headquarters Economy in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone) (Normative Document No.4 [2023] of the Office of the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality) in light of the realities of Nansha District and clarify what should be implemented and how to implement them.
Article 2 Enterprises applying for the rewards for headquarter enterprises shall meet the following requirements:
(I) They are engaged in production and business activities in Nansha; they are independent legal entities (including professional service suppliers regarded as legal entities); they have sound financial systems; they conduct independent accounting; they invest in or manage no less than 3 enterprises (subsidiaries or branches) within and outside China in the previous year before applying for the rewards; and they perform centralized operation management, settlement, purchasing and other functions as headquarters on their subsidiaries.
(II) They meet one of the following requirements and standards:
1. Enterprises that fall in the following categories can be directly certified as headquarter enterprises: Fortune Global 500 enterprises, the Top 1000 in the Forbes Global 2000 enterprises, China's centrally-administered state-owned enterprises, Top 500 Enterprises of China, China Top 500 Private Enterprises, provincial Class-I regional headquarters of multinational corporations certified or registered by the Ministry of Commerce, unicorn enterprises, listed enterprises, headquarter enterprises with municipal certification, etc. Such enterprises are not subject to the requirement "they invest in or manage no less than 3 enterprises (subsidiaries or branches) within and outside China in the previous year before applying for the rewards".
(1) Fortune Global 500 enterprises refer to the enterprises or their direct subsidiaries that are on the World's 500 Largest Corporations list published by Fortune in the previous year before applying for the rewards;
(2) The top 1000 in the Forbes Global 2000 enterprises refer to the enterprises or their direct holding subsidiaries that are among the Top 1000 in the Forbes Global 2000 list published by Forbes in the previous year before applying for the rewards;
(3) China's centrally-administered state-owned enterprises refer to the enterprises or their direct holding subsidiaries that are under the supervision of the State-owned Assets Supervision and Administration Commission of the State Council in the previous year before applying for the rewards;
(4) Top 500 Enterprises of China refer to the enterprises or their direct holding subsidiaries that are on the Top 500 Enterprises of China list published by China Enterprise Confederation and China Enterprise Directors Association in the previous year before applying for the rewards;
(5) China Top 500 Private Enterprises refer to the enterprises or their direct subsidiaries that are on the list of top 500 private enterprises published by All-China Federation of Industry and Commerce in the previous year before applying for the rewards;
(6) Provincial Class-I regional headquarters of multinational corporations and those certified or registered by the Ministry of Commerce or their direct holding subsidiaries; The regional headquarters of multinational corporations refer to the only head offices established in Nansha by their parent companies registered abroad to perform management and service functions in the form of investment or authorization for enterprises in more than one country. The multinational corporations shall set up regional headquarters in Nansha in the form of controlled foreign corporations, management consulting enterprises, and other independent legal entities;
(7) Unicorn enterprises refer to the unlisted enterprises with a valuation of no less than 1 billion US dollars or equivalent CNY after the latest round of financing. (Nansha's policy for unicorn enterprises prevails);
(8) Listed enterprises refer to the enterprises that have gone public and are listed on domestic exchanges such as Shanghai Stock Exchange, Shenzhen Stock Exchange and Beijing Stock Exchange. It also refers to enterprises that have registered for overseas listing with China Securities Regulatory Commission and its agencies, and they have gone public and are listed in the capital markets of countries and regions that have signed memorandums with China Securities Regulatory Commission. (The implementation rules of Nansha's financial policy prevails);
(9) Headquarter enterprises with municipal certification refer to the headquarter enterprises certified by the People's Government of Guangzhou Municipality in the previous year before applying for the rewards.
2. Enterprises that reach a certain amount of business income, output value, and economic contribution can be certified as headquarter enterprises.
(1) Industry and construction industry
① Strategic emerging industries involving new-generation information technology, biology and health, new materials and high-end equipment, intelligent manufacturing, new energy vehicles, new energy, and energy conservation and environmental protection, etc.: Their business income or output value included in Nansha's statistical accounting in the previous year exceeds 100 million yuan and their total contribution to Nansha's economic development in the previous year reaches no less than 30 million yuan.
② Industries other than those involving strategic emerging industries: Their output value included in Nansha's statistical accounting in the previous year exceeds 500 million yuan and their total contribution to Nansha's economic development in the previous year reaches no less than 70 million yuan.
③ Construction industry: their business income included in Nansha's statistical accounting in the previous year exceeds 500 million yuan and their total contribution to Nansha's economic development in the previous year reaches no less than 60 million yuan.
(2) Modern service industry
① Modern logistics industry (transportation, warehousing and post service): Their business income included in Nansha's statistical accounting in the previous year exceeds 100 million yuan and their total contribution to Nansha's economic development in the previous year reaches 15 million yuan.
② Wholesale industry: their business income included in Nansha's statistical accounting in the previous year exceeds 2 billion yuan and their total contribution to Nansha's economic development in the previous year reaches 40 million yuan.
③ Retail industry: their business income included in Nansha's statistical accounting in the previous year exceeds 500 million yuan and their total contribution to Nansha's economic development in the previous year reaches 20 million yuan.
④ Accommodation and catering industry: their business income included in Nansha's statistical accounting in the previous year exceeds 200 million yuan and their total contribution to Nansha's economic development in the previous year reaches 10 million yuan.
⑤ Financial service industry: the rewards for financial (quasi-financial) enterprises are subject to Nansha's supporting measures for the financial service industry.
⑥ For information transmission, software and information technology service industry, scientific research and technology service industry, rental and commercial service, water conservancy, environmental protection and public facility management industry, education, healthcare, culture, sports and entertainment industry, residential service, maintenance, etc.: Their business income included in Nansha's statistical accounting in the previous year exceeds 100 million yuan and their total contribution to Nansha's economic development in the previous year reaches 14 million yuan. For foreign-, Hong Kong-, Macao- and Taiwan-invested service industries: Their business income included in Nansha's statistical accounting in the previous year exceeds 100 million yuan and their total contribution to Nansha's economic development in the previous year reaches 7 million yuan.
(3) Modern urban agriculture: their business income included in Nansha's statistical accounting in the previous year exceeds 100 million yuan. The industry refers to agricultural production enterprises (including agriculture, forestry, animal husbandry, fishery, and their professional and auxiliary activities) and non-agricultural production enterprises.
(4) The term "Industry/Industries" as mentioned in these Implementation Rules shall be classified according to statistical standards. Strategic emerging industries are classified in accordance with the Guiding Catalogue of Key Products and Services in Strategic Emerging Industries (2016 Edition) issued by National Development and Reform Commission and the Classification of Strategic Emerging Industries (2018) issued by National Bureau of Statistics, and they shall be certified by Nansha's industry authorities. Where there are objections to the industry to which an enterprise belongs, its industry will be defined after comprehensive consideration of the statistical type, the industry to which the enterprise belongs in taxation, and the opinions of the industry authorities.
Enterprises jointy applying for the rewards that are engaged in multiple business fields shall be classified according to the business with the biggest actual contribution to Nansha's economic development, excluding the real estate development business.
(5) The term "Business income (output value) and total contribution to Nansha's economic development in the previous year" as mentioned in these Implementation Rules refers to the business income (output value) and total contribution to Nansha's economic development in the previous fiscal year of an enterprise and its subsidiaries and branches, whose statistics is calculated in Nansha District. The value can be calculated with the data of the enterprise itself solely or together with the data of its subsidiaries and branches. The Subsidiaries and branches refer to the subordinate enterprises at all levels in which the parent enterprise holds 50% of the shares or above. Their equity status is subject to the equity registration status on December 31 of the tax year.
Chapter II Settlement Reward
Article 3 Newly settled and certified headquarter enterprises that meet the requirements specified in Article 2 of these Implementation Rules shall be granted a settlement reward according to their total contribution to Nansha's economic development in the previous year before applying for the reward. Where the applicant enterprise or its parent is a real estate enterprise, it shall be granted a settlement reward excluding the real estate development business.
(I) Those whose total contribution to Nansha's economic development exceeds 10 million yuan (including 10 million yuan) to 100 million yuan (excluding 100 million yuan) shall be granted 2 million yuan for every 10 million yuan contribution;
(II) Those whose total contribution to Nansha's economic development exceeds 100 million yuan (including 100 million yuan) to 200 million yuan (excluding 200 million yuan) shall be granted a reward of 20 million yuan;
(III) Those whose total contribution to Nansha's economic development exceeds 200 million yuan (including 200 million yuan) shall be granted a reward of 30 million yuan.
Article 4 In principle, enterprises that apply for the settlement reward and are to use the construction land for their projects should meet the certification requirements within 3 years or less after they meet the requirements for the statistics calculation and project commencement and submit an application. In principle, those which are not to use the construction land should meet the certification requirements within 3 years or less after they meet the requirements for the statistics calculation and submit an application. Those which are deemed eligible shall be granted the reward according to the standards specified in these Implementation Rules. (The reward shall be granted in 2 years with the ratio of 50% and 50%).
Article 5 Special conditions for the settlement reward are clarified as follows:
(I) Enterprises established through M&A and major asset restructuring shall be rewarded according to their total contribution to Nansha's economic development. The data of their holding subsidiaries and branches registered in Nansha before the implementation of the Supporting Measures should be deducted. The certification procedures specified in these Implementation Rules and the corresponding reward standards specified in Article 3 of these Implementation Rules shall apply.
(II) Enterprises settled in Nansha after the implementation of the Supporting Measures shall be rewarded according to their increased business income, output value or total contribution to Nansha's economic development. The data of their holding subsidiaries and branches registered in Nansha before the implementation of the Supporting Measures should be deducted. The Paragraph (I) of this article shall apply.
(III) If a group company and its holding subsidiaries set up several enterprises in Nansha, no more than 3 of them (including the group company itself) are allowed to receive the settlement reward. When applying for the settlement reward, the enterprise is required to submit explanatory documents on the organizational structure of its group company.
(IV) For enterprises receiving the settlement reward, the dates of its registration or settlement with the industry and commerce department shall be within the validity of the Supporting Measures.
(V) Enterprises that have received other settlement rewards specified by Nansha's industrial policies and meet the certification requirements for headquarter enterprises afterwards shall not be granted the settlement reward for headquarter enterprises or the difference between the settlement reward for headquarter enterprises and the previous rewards received. The one-off rewards such as the industrial property subsidy, the reward for M&A and restructuring, and the reward for fixed asset investment shall be granted according to the relevant provisions of the settlement reward.
Chapter III Supporting the Sustainable Operation and Development of Enterprises
Section I Economic Contribution Reward
Article 6 Within the validity of these Implementation Rules, the newly settled and certified headquarter enterprises shall be granted a reward of 95% of their annual contribution to Nansha's economic development in the first year after applying for the reward. If the enterprises' annual contribution to Nansha's economic development in the next year increases compared with the previous year, they shall be granted a reward of 95% of their annual contribution. If the enterprises' annual contribution to Nansha's economic development in the next year does not increase compared with the previous year, they shall be granted a reward of 90% of their annual contribution.
Article 7 For the newly certified headquarter enterprises that settled in Nansha during January 1, 2017 to December 31, 2022, if, within the validity of these Implementation Rules, their annual contribution to Nansha's economic development increases compared with the previous year, they shall be granted a reward of 80% of their annual contribution and 95% of the increased part of their contribution. If there is no increase compared with the previous year, they shall be granted a reward of 60% of their annual contribution to Nansha's economic development.
Article 8 For enterprises that have settled in Nansha before January 1, 2017 (who and whose subsidiaries have never received the economic contribution reward), and for enterprises that have received the economic contribution reward for 5 years before the implementation of the Supporting Measures, and while the enterprises meet the certification requirements for headquarter enterprises specified in these Implementation Rules, shall be rewarded according to a certain proportion of their increased contribution to Nansha's economic development compared to their contribution in the previous year. If their total contribution to Nansha's economic development increases year on year, they shall be granted a reward of 60% of the increased part. If their total contribution to Nansha's economic development does not increase year on year, no reward will be granted in that year.
Article 9 For enterprises that have been certified as headquarter enterprises and whose reward has not been fully granted before the implementation of the Supporting Measures and the newly certified headquarter enterprises in 2023, they shall be rewarded for cumulatively 5 years based on a certain proportion of their increased contribution to Nansha's economic development compared to their contribution in the previous year before they received the reward for headquarter enterprises. If their business income (output value) and total contribution to Nansha's economic development increase compared with the previous year, they shall be granted a reward of 95% of their increased contribution. If their business income (output value) or total contribution to Nansha's economic development does not increase year on year, they shall be granted a reward of 90% of their previous contribution. After receiving the economic contribution reward for headquarter enterprises for 5 years, and if the Supporting Measures are still valid, they may receive the reward for the remaining year(s) according to Article 8 of these Implementation Rules.
Article 10 For enterprises which apply for the certification of headquarter enterprises and the economic contribution reward jointly with their holding subsidiaries in Nansha, and if their subsidiaries have settled in Nansha before the implementation of the Supporting Measures, their economic contribution reward will be calculated according to their increased contribution to Nansha's economic development.
Article 11 Where the subsidiaries of the certified headquarter enterprises in Nansha are deregistered, the following provisions shall apply when calculating the economic contribution reward for the headquarter enterprises:
(I) If their subsidiaries are deregistered in the year of applying for the economic contribution reward, the economic contribution that the deregistered subsidiaries have made in the previous year will be deducted when calculating the economic contribution of the headquarter enterprises in the year when they receive the reward;
(II) If their subsidiaries are deregistered in the next year or years later after they apply for the economic contribution reward, the economic contribution that the deregistered subsidiaries have made in the previous year will not be deducted when calculating the economic contribution of the headquarter enterprises in the year when they receive the reward;
(III) Where their subsidiaries are deregistered due to poor management, or the higher-up requires them to reduce the number of subsidiaries, the supporting funds granted to the subsidiary enterprises from the headquarter enterprises and the interests will be retrieved.
Section II Reward for Stock Options Exercise
Article 12 When the headquarter enterprises are listed, the senior executives and employees shall be granted a reward of maximum 80% of their contribution to Nansha's economic development in the previous year if they meet the following: they exercise their stock options, their restricted stocks are lifted from a ban, and they obtain or dispose the incentive stock options. The reward for exercising stock options is subject to the provisions of the implementation rules of Nansha's policies on financial industry and talents.
Chapter IV Industrial Housing Subsidy
Article 13 Eligible enterprises (except real estate enterprises) that buy office property in Nansha could be subsidized:
(I) The newly settled and certified headquarter enterprises that buy office property in Nansha for their own use shall be granted a one-off subsidy of 2,000 yuan/square meter. The subsidy should not exceed 10 million yuan and the actual payment for the office property.
(II) Enterprises that apply for the office property subsidy shall make the purchasing within the validity of the Supporting Measures. "Buy office housing" as mentioned in this article refers to the premises bought and used by the head offices of the headquarter enterprises, excluding ancillary and supporting premises (canteen, garage, warehouse, workshop, etc.) and the premises bought from their subsidiaries.
(III) Enterprises shall apply for the subsidy in the following year after they have actually bought office property. (The actual date should be the date specified in the real estate purchase agreement).
(IV) For the headquarter enterprises that have been certified before the implementation of the Supporting Measures and newly certified headquarter enterprises in 2023, which meet the requirements for buying office property, the application for the subsidy should be filed when these enterprises apply for the reward for headquarter enterprises in 2023. They shall be granted a one-off subsidy of 1,000 yuan/square meter, maximum 10 million yuan and not exceeding the actual payment for the office property.
Article 14 Eligible enterprises (except real estate enterprises) that rent office property in Nansha could be subsidized:
(I) Newly settled and certified headquarter enterprises can move in Nansha's cluster of the key industries and use the working space for free for up to 3 years.
(II) Newly settled and certified headquarter enterprises that rent office property in Nansha for their own use shall be granted a subsidy of 50 yuan/square meter/month. If the actual rent on the rental agreement is less than 50 yuan/square meter/month, the enterprises shall be subsidized based on the actual rent. The subsidy should last for no more than 3 years, maximum 3 million yuan/year.
(III) "Rent office property" as mentioned in this article refers to the premises rented and used by the head offices of headquarter enterprises, excluding ancillary and supporting premises (canteen, garage, warehouse, workshop, etc.) and the premises rented from their subsidiaries.
(IV) Enterprises applying for the office property rent subsidy should rent office within the validity of the Supporting Measures. In principle, the enterprises shall apply for the subsidy once a year and apply in the next year after they have actually rented the office (The actual date should be the date specified in the rental agreement filed by the department of migrant service in Guangzhou.)
(V) For enterprises that have been certified as headquarter enterprises and whose reward has not been fully granted before the implementation of the Supporting Measures and the newly certified headquarter enterprises in 2023, when they meet the requirements for renting office property, they shall be granted a subsidy of 50 yuan/square meter/month for 3 years (including the years in which they have received the reward), maximum 3 million yuan/year. If the actual rent on the rental agrement is less than 50 yuan/square meter/month, they shall be subsidized based on the actual rent.
Article 15 If any headquarter enterprises buy and rent office property at the same time, their subsidy shall be calculated in accordance with the above provisions, maximum 10 million yuan. During the period of being granted the subsidy, they should not lease (sub-lease) or sell the office and should not change its purpose. For those which violate this provisions, the subsidy they have obtained will be retrieved.
Article 16 Eligible enterprises (except real estate enterprises) that rent industrial property in Nansha could be subsidized:
(I) Newly settled and certified headquarter enterprises whose head offices rent industrial property in Nansha for their production and operation shall be granted a subsidy of 15 yuan/square meter/month. If the actual rent on the contract is less than 15 yuan/square meter/month, the subsidy should be given based on the actual rent. The subsidy should last for no more than 3 years, maximum 3 million yuan/year.
(II) Enterprises applying for the industrial property rent subsidy should not buy industrial land and industrial property in Nansha. They should rent the industrial property within the validity of the Supporting Measures.
(III) In principle, enterprises should apply for the subsidy once a year and apply in the next year after they have actually rented the industrial property. (The actual date should be the date specified in the rental agreement filed by the department of migrant service in Guangzhou.)
Article 17 Eligible enterprises (except real estate enterprises) that rent warehouse in Nansha could be subsidized:
(I) Newly settled and certified headquarter enterprises whose head offices rent warehouse in Nansha shall be given a subsidy of 15 yuan/square meter/month. If the actual rent on the contract is less than 15 yuan/square meter/month, the subsidy should be given based on the actual rent. The subsidy should last for no more than 3 years, maximum 3 million yuan/year.
(II) Enterprises applying for the warehouse rent subsidy should not buy warehouse in Nansha. They should rent the warehouse within the validity of the Supporting Measures.
(III) In principle, enterprises should apply for the subsidy once a year and apply in the next year after they have actually rented the warehouse (The actual date should be the date specified in the rental agreement filed by the department of migrant service in Guangzhou.)
Chapter V Reward for Fixed Asset Investment
Article 18 Enterprises applying for the reward for fixed asset investment (except real estate enterprises) should meet the following requirements:
(I) They should meet the requirements specified in Article 2 of these Implementation Rules.
(II) The project should be new fixed asset investment (including key technological upgrading and transformation) registered and completed during the validity of the Supporting Measures, with a total investment of 1 billion yuan or above (excluding the cost of purchasing land and real estate).
(III) The project should conform to China's national industrial policies and obtain the project registration or approval documents such as the Registration Certificate of Guangdong Province for Technological Transformation Investment Projects and the Registration Certificate of Guangdong Province for Enterprise Investment Projects.
(IV) The project should be submitted with the actual fixed asset investment situation as required.
Article 19 Eligible headquarter enterprises will be granted a one-time reward according to the actual total investment of the project. Enterprises that invest more than 10 billion yuan (including 10 billion yuan), 5 billion yuan (including 5 billion yuan)-10 billion yuan and 1 billion yuan (including 1 billion yuan)-5 billion yuan will be granted 50 million yuan, 30 million yuan and 20 million yuan respectively. In principle, enterprises that have accepted newly transferred industrial land in Nansha should no longer enjoy the reward for fixed asset investment.
Chapter VI Upgrade Reward
Article 20 Headquarter enterprises are encouraged to upgrade themselves:
(I) Enterprises that are listed as a Fortune Global 500 enterprise for the first time and whose global headquarters are located in Nansha will be granted a one-time reward of 20 million yuan. Fortune Global 500 enterprises refer to the enterprises that are included in the list of 500 world's largest companies by revenue issued by Fortune magazine in the previous year before applying for the reward.
(II) Enterprises that are listed in the Forbes Global 1000 list and the Top 500 Enterprises of China list for the first time and whose global headquarters are located in Nansha will be granted a one-time reward of 10 million yuan. If an enterprise is rated as a Forbes Global 1000 enterprise and a Top 500 Enterprise of China enterprise at the same time, it can only enjoy a reward of 10 million yuan once.
Forbes Global 1000 enterprises refer to the enterprises that rank top 1000 in the Forbes Global 2000 list issued by Forbes magazine in the previous year before applying for the reward. Top 500 Enterprises of China refer to the enterprises that are included in the Top 500 Enterprises of China list issued by China Enterprise Confederation and China Enterprise Directors Association in the previous year before applying for the reward.
(III) Enterprises that are listed in the China Top 500 Private Enterprises list and whose national headquarters are located in Nansha will be granted a one-time reward of 5 million yuan. China Top 500 Private Enterprises refer to the enterprises that are listed in the list of top 500 private enterprises with a revenue of more than 500 million yuan published by All-China Federation of Industry and Commerce in the previous year before applying for the reward.
(IV) Enterprises that are listed in the lists of Top 500 Manufacturing Enterprises of China and Top 500 Service Enterprises of China and whose global headquarters are located in Nansha will be granted a one-time reward of 1 million yuan.
Top 500 Manufacturing Enterprises refer to the enterprises that are included in the Top 500 Manufacturing Enterprises of China list issued by China Enterprise Confederation and China Enterprise Directors Association in the previous year before applying for the reward. Top 500 Service Enterprises refer to the enterprises that are included in the Top 500 Service Enterprises of China list issued by China Enterprise Confederation and China Enterprise Directors Association in the previous year before applying for the reward.
(V) Enterprises that are listed in the Top 100 Retail Enterprises of China list and whose global headquarters are located in Nansha will be granted a one-time reward of 500,000 yuan. Top 100 Retail Enterprises of China refer to the enterprises that are included in the Top 100 Retail Enterprises of China list issued by China General Chamber of Commerce and China National Commercial Information Center in the previous year before applying for the reward.
Chapter VII Reward for M&A and Restructuring
Article 21 Headquarter enterprises that acquire and hold listed enterprises and NEEQ-listed enterprises and are settled in Nansha will be granted a reward of maximum 5 million yuan. The specific provisions on the reward for M&A and restructuring shall be subject to the provisions of the implementation rules of Nansha's financial policies.
Chapter VIII Reward for Outbound Investment
Article 22 To support headquarter enterprises in going global, enterprises that meet all the following requirements will be granted a one-time reward of 3 million yuan:
(I) They should meet the certification requirements specified in Article 2 of these Implementation Rules.
(II) They should contribute to the development of the Belt and Road Initiative (BRI) and Guangdong-Hong Kong-Macao Greater Bay Area (GBA). BRI countries refer to the countries and regions that have signed cooperation documents on jointly promoting BRI with China as of the date when they submit the application, subject to the list of cooperation countries and regions published by the Belt and Road Portal.
(III) They have set up branches in two or more foreign BRI countries or regions, Hong Kong, Macao or Taiwan through direct investment, M&A, etc., and have an actual investment of more than 5 million US dollars in one project within the validity of the Supporting Measures.
(IV) "Branches" as mentioned in this article refer to newly established or acquired overseas enterprises approved or registered by any national, provincial or municipal commercial authority (authorized or entrusted) with the power of approval or registration (subject to the date specified on the Outbound Investment Certificate for Enterprises). Such overseas branches should have their ownership specifically and clearly subordinate to their Chinese head offices.
(V) They should register with the Chinese embassies (consulates) in foreign countries as required.
Chapter IX Support of Quality Government Services
Article 23 (I) High-quality education and medical services. Employees of eligible headquarter enterprises can apply for the Nansha Talent Card without a quota and enjoy children's education and medical services with the talent card.
(II) Housing. Headquarter enterprises are encouraged to rent government-subsidized rental housing to satisfy the housing needs of their employees. Eligible employees can apply for renting talent apartments or buying housing with shared ownership.
(III) Transportation. Efforts will be made to coordinate with relevant provincial and municipal departments in issuing Guangdong-Hong Kong and Guangdong-Macao car license plates for senior executives of headquarter enterprises. Facilitation services and measures will be provided for employees of headquarter enterprises in applying for passports, Exit-Entry Permit for Travelling to and from Hong Kong and Macao, visas, etc.
(IV) Land. Eligible headquarter enterprises can apply independently or jointly for constructing their head office buildings, with the building dimension commensurate with their economic contribution. Efforts will be put into encouraging the supply of land for emerging industrial parks in various ways, such as "leasing first and transfer later, and combination of leasing and transfer" etc. The land in emerging industrial parks can be utilized in a mixed manner according to different functions, dominated by industrial areas and supplemented by certain commercial, office and residential building areas appropriately.
(V) Coordination and dedicated services from service specialists. Nansha arranges for service specialists to offer enterprises one-on-one services. Projects of headquarter enterprises will be managed as Nansha's key construction projects. Headquarter enterprises may also get access to public service resources for their actual application scenarios. Guidance will be given to encourage financial institutions to increase their credit support for headquarter enterprises.
Chapter X Application Procedures
Article 24 Enterprises (institutions) that meet the requirements for support within the validity of the Supporting Measures can enjoy the corresponding rewards. Enterprises (institutions) applying for the rewards specified in these Implementation Rules should apply at the policy implementation service counter, and failure to apply before the deadline should be deemed as a waiver. The deadline should be subject to the specific announcement.
Article 25 The certification and evaluation of headquarter enterprises for rewards should be carried out according to the following procedures:
(I) Application of enterprises.
Enterprises should apply at the policy implementation service counter and submit application documents (the original and copy should be provided; the original will be verified and the copy will be collected; the copy should bear the enterprise seal). The policy implementation service counter is responsible for the form review. The application of those which meet relevant requirements and submit all necessary application documents will be accepted and handed over to the development and reform department. The application of those which meet relevant requirements but fail to submit all necessary application documents should be informed of the deadline for supplementing other documents once and for all. The application of those which fail to meet relevant requirements will be rejected.
(II) Review of competent departments.
The development and reform department will check the authenticity of the application documents submitted by enterprises with the competent department of the industry:
1. The development and reform department will determine the industry, statistical relations and economic contribution of enterprises (institutions) with the competent department of the industry and the departments of statistics, government service data administration, finance, tax, etc., and then consult the opinions of various departments about the documents submitted by enterprises that meet the certification requirements for headquarter enterprises.
2. The development and reform department will check whether enterprises (institutions) have violated laws and regulations in the previous year with the competent department of the industry and the law enforcement department.
3. The development and reform department will propose a plan for allocating rewards for headquarter enterprises after verifying data and violations of laws and regulations of enterprises (institutions) with the competent department of the industry. The reward for stock options exercise and the reward for M&A and restructuring should be provided by the financial department.
(III) Approval.
The development and reform department will submit the proposed rewards to the Evaluation Group of Supporting Headquarter Enterprises for approval. Any dispute over any reward should be submitted to Nansha District Policy Coordination Working Group for review and approval.
(IV) Publication and allocation of funds.
1. After the minutes of the meeting of the Evaluation Group of Supporting Headquarter Enterprises are signed and approved, the development and reform department will publish the list of approved enterprises online for public review for 5 working days.
2. If there is no objection during the period of publication, the development and reform department should apply for allocating funds according to the prescribed procedures such as the Management Measures for the Budgets of Nansha's Departments.
If there is any objection during publication, the competent department of the industry will re-verify the list, submit it to the Evaluation Group of Supporting Headquarter Enterprises for review and feed back relevant information to applicant enterprises.
(IV) Post spot check.
The competent department of the industry should, together with the departments of statistics and government service data administration, conduct spot checks on the registration of enterprises and their local statistical relations respectively. If they have moved away from Nansha or their statistical relations are not in Nansha, relevant funds should be recovered.
Article 26 Improve the management mechanism for headquarter enterprises
(I) Where the name, registered capital, or registered address, etc. of a certified headquarter enterprise changes, it should report to the competent department of the industry and the development and reform department within 10 working days after going through relevant procedures. In case of major adjustments such as reorganization of a certified headquarter enterprise, it should apply for the certification of headquarter enterprises again.
(II) Newly certified headquarter enterprises that fail to meet the certification requirements for headquarter enterprises for 2 consecutive years should be suspended from policy support for headquarter enterprises temporarily. When they meet the certification requirements within the validity of the Supporting Measures, they can continue to enjoy supporting funds except the settlement reward.
Article 27 (I) If the same project or item is entitled to the provisions of the Supporting Measures, and other supporting policies of Nansha (including policies to offer or bear funds that Nansha has formulated as instructed by the higher-level authority), the highest subsidy should be granted only once, unless otherwise specified. For headquarter enterprises that meet the certification requirements for headquarter enterprises jointly based on the data of their subsidiaries and branches, such as business income and economic contribution, their subsidiaries and branches should not apply for the same reward.
(II) Headquarter enterprises that have enjoyed Guangzhou's policy support for headquarter enterprises and settled in Nansha can apply for Guangzhou's and Nansha's policy support at the same time. The highest reward among the rewards of Guangzhou for headquarter enterprises and the rewards of Nansha for headquarter enterprises should be granted only once. The amount of rewards received by an enterprise should not exceed its total contribution to Guangzhou's and Nansha's economic development in the previous year.
(III) In principle, the supporting funds of Nansha obtained by enterprises certified as Nansha's headquarter enterprises but not Guangzhou's headquarter enterprises in various ways in the same year should not exceed their annual contribution to Nansha's economic development.
(IV) Enterprises that enjoy comprehensive policy support according to the "one enterprise, one policy" principle should no longer enjoy the same inclusive policy support in Nansha in principle. Enterprises that enjoy the special contribution reward can choose to apply for the special contribution reward or the inclusive policy support for headquarter enterprises. The highest reward should be granted only once.
Article 28 The funds obtained by enterprises, except those with a prescribed purpose, may be used for production and operating costs, such as electricity and fuel costs. Business income and contribution to Nansha's economic development as mentioned in these Implementation Rules should be rounded down to 4 decimal places to the left of the decimal point.
Chapter XI Supervision and Inspection
Article 29 Once an enterprise applying for any reward is found violating its commitment, or committing fraud to obtain, intercept and misappropriate funds and other acts in violation of national laws and regulations or relevant disciplines, the departments issuing the funds should recover the funds and relevant interests that have been issued, publicize its misconduct and circulate it among relevant departments in Nansha for criticism. In addition, its application for any reward will not be accepted within 3 years. Those involved in violations of laws and regulations will be dealt with in accordance with relevant provisions. If the case is filed for investigated by the public security organ and has not been concluded, its reward should be suspended. Those suspected of committing crimes will be handled by the judicial organs and will not be rewarded if they constitute crimes.
Statistical relations refer to the guidance and management relations for statistics established between enterprises or independent legal entities (or branches that can be regarded as legal entities) and local statistical departments, where, according to China's territorial statistical principle, such enterprises or independent legal entities should provide relevant statistical data to the county statistical department in the place of their operation or main operation (when they are operating in several places) and should be included into the directory of local basic organizations for statistical surveys. Enterprises that fall into the statistical scope of China's national networked direct report platform should cooperate with Nansha's statistics department in being included in Nansha's statistics. They should set their sole or main place of operation in Nansha. If there are more than 1 place of operation, they should report the specific information to Nansha's statistics department for record. They should, after registration, apply to Nansha's statistics department in a timely manner to establish their statistical relations. If their statistical relations are transferred outside Nansha by the higher-level statistics authority due to the fact that the main place of their operation is not in Nansha (subject to the opinion of the higher-level statistics authority), they will be regarded as violating their commitment and relevant rewards may be recovered.
If an enterprise signs an investment agreement with Nansha, but it fails to complete registration, capital verification, or reach the target output according to the investment agreement on time, the department that initiates the agreement has the right to terminate or adjust the payment of the funds.
Article 30 As for enterprises that meet the requirements for rewards specified in these Implementation Rules, after the audit report issued by a qualified third-party organization provided by the enterprises, the data of their contribution to Nansha's economic development provided by relevant departments of Nansha, the registered house lease contract and so on have been reviewed, the funds will be directly transferred to their corporate basic accounts or personal bank accounts. Tax-related expenses for obtaining the funds should be borne by the enterprises or individuals.
Intermediary institutions or individuals are strictly prohibited from illegally intercepting, misappropriating or falsely claiming the funds. Those which occupy, intercept, misappropriate or abuse the funds in violation of the provisions of these Implementation Rules should be dealt with in accordance with relevant laws and regulations.
Article 31 The funds specified in these Implementation Rules should be used and managed according to relevant national laws, regulations and policies. The financial fund management system should be strictly implemented, with the supervision of Nansha's finance, audit and other departments.
Chapter XII Supplementary Provisions
Article 32 The rewards for enterprises and projects that can play a significant leading role may be determined by the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality and Nansha District People's Government according to the specific realities. Enterprises that are settled in Nansha and sign relevant agreements before the implementation of these Supporting Measures will continue to be rewarded in accordance with the supporting standards specified in relevant agreements.
Article 33 The responsibilities of relevant departments are as follows:
The development and reform department should review application documents for the certification of headquarter enterprises and rewards for headquarter enterprises, propose to review the list of headquarter enterprises and funds, publicize the information about the rewards and funds for headquarter enterprises for public review, accept reports on the adjustments of headquarter enterprises and the re-certification of headquarter enterprises due to major adjustments, manage headquarter enterprises and review their qualifications;
The government service data administration department should collect the certification and reward application documents from enterprises and conduct the formal review to determine their registration status;
Finance, taxation and other relevant departments should provide relevant data on the contribution of enterprises to Nansha's economic development. The finance department should ensure sufficient funds. The development and reform department should supervise and inspect the use and management of funds and evaluate the performance of the enterprises according to their responsibilities;
The statistics department should verify the statistical relations and industry of enterprises;
The agriculture and rural affairs department should certify agricultural production enterprises;
The financial affairs department should verify the reward for stock options exercise and the reward for M&A and restructuring for enterprises;
The human resources and social security department should coordinate and support the application for settlement and talent cards;
The planning and natural resources department should verify the acquisition of housing by enterprises and coordinate the supply of land for headquarter enterprises;
The housing and construction department should support housing for enterprises;
The migrant service administration should record and verify house lease contracts;
The public security department is responsible for transportation support;
Law enforcement departments should verify the violations of laws and regulations of enterprises (institutions) and their personnel in the previous year;
The competent departments of various industries should coordinate and communicate with service specialists.
Article 34 All amounts mentioned in these Implementation Rules should be calculated in CNY, unless otherwise indicated. The words describing numerical values including "exceed", "no less than", "more than", "no more than", "maximum", "less than" and "including" in these Implementation Rules include the base values. In the implementation of the policy, if the valuation of foreign currency and CNY is involved, the calculation should be based on the foreign exchange rate of the People's Bank of China on the day of verifying the funds.
Article 35 The specific application documents required for the rewards specified in these Implementation Rules should be subject to the requirements of the application guide published separately.
Article 36 "Newly settled and certified, newly relocated and newly settled enterprises" as mentioned in these Implementation Rules refer to enterprises newly established in Nansha after January 1, 2023.
Article 37 The alignment between old and new policies for headquarter enterprises
(I) Headquarter enterprises that have been certified as headquarter enterprises and whose reward has not been fully granted before the implementation of the Supporting Measures (including those which should be granted for consecutive years) should continue to enjoy relevant rewards as follows:
1. The operation contribution reward should be granted in accordance with Article 9 of these Implementation Rules, and the office housing subsidy should be granted in accordance with Article 14 of these Implementation Rules.
2. Where an enterprise applies for the reward for headquarter enterprises in 2023 and meets the requirements for purchasing office housing, the subsidy should be granted in accordance with the Implementation Rules of the Supporting Measures to Promote the Development of Headquarters Economy in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone) (Normative Document No. 50 [2017] of the Bureau of Development and Reform of Nansha Economic and Technological Development Zone of Guangzhou Municipality).
(II) Enterprises that have not been certified as headquarter enterprises in Nansha before the implementation of the Supporting Measures
1. If they apply for the certification and reward for headquarter enterprises including the settlement reward, the operation contribution award, the office housing subsidy and the upgrade reward in 2023, the Implementation Rules of the Supporting Measures to Promote the Development of Headquarters Economy in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone) (Normative Document No. 50 [2017] of the Bureau of Development and Reform of Nansha Economic and Technological Development Zone of Guangzhou Municipality) and the Notice on Implementing the "Three Areas and One Center" Strategic Arrangements to Optimize and Upgrade the "1+1+10" Industrial Policy System in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone (Normative Document No. 1 [2020] of the Office of the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality) should prevail.
2. Starting from 2024, for rewards that shall be granted for consecutive years, the operation contribution reward shall be granted in accordance with Article 9 of these Implementation Rules, and the office housing subsidy shall be granted in accordance with Article 14 of these Implementation Rules.
3. Enterprises that meet the certification requirements specified in Article 2 of these Implementation Rules may apply for the reward for fixed asset investment specified in Chapter V of these Implementation Rules and the outbound investment reward specified in Chapter VIII of these Implementation Rules.
(III) As for new applications for the certification and reward for headquarter enterprises after 2024, these Implementation Rules shall prevail.
Article 38 In principle, enterprises that accept newly transferred industrial land in Nansha shall no longer enjoy Nansha's industrial support policy. Relocation of enterprises from another district of Guangzhou to Nansha shall be conducted according to the regulations of Guangzhou. In case of hand-in funds in budget transfer, the above-mentioned subsidy shall be deducted during policy implementation.
Article 39 These Implementation Rules shall enter into force from the date of issuance and shall be valid until July 17, 2028. As for enterprises settled in Nansha between January 1, 2023 and the date of issuance of these Implementing Rules, these Implementing Rules shall prevail. In case of any adjustment or change of laws, regulations or relevant policies during the valid period of these Regulations, such adjustment or change shall prevail.
Form of Disclosure: Active Disclosure
Issued by Bureau of Development and Reform of Nansha Economic and Technological Development Zone of Guangzhou Municipality on August 11, 2023