Hainan Free Trade Port Sanya Yazhou Bay Science and Technology City Regulations

(Adopted at the 24th meeting of the Standing Committee of the Sixth People's Congress of Hainan Province on December 2, 2020)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of Hainan Free Trade Port in order to promote the construction and development of Sanya Yazhou Bay Science and Technology City (hereinafter referred to as Science and Technology City) in Hainan Free Trade Port.

Article 2 Science and Technology City includes Nanshan Port, Deep Sea Science and Technology City, South Breeding Science and Technology City, Science and Education City, Global Animal and Plant Germplasm Resources Introduction Transit Base and other areas determined by the "Overall Plan for Sanya Yazhou Bay Science and Technology City" and other areas determined by the Provincial People's Government.

Article 3 Science and Technology City shall, in accordance with the relevant requirements of the construction of Hainan Free Trade Port, benchmark against international advanced standards, innovate systems and mechanisms, and take the lead in opening up cooperation, development and construction, industrial development, investment promotion, scientific and technological innovation, intellectual property protection and application in the Science and Technology City, and promote the development of deep sea science and technology, South Breeding technology, animal and plant germplasm resources introduction transit research and development, science and education research and development, remote sensing and other industries at a high level.
Article 4 The Science and Technology City shall encourage and protect citizens, legal persons and other organizations to carry out innovative activities and establish an institutional integrated innovation system that is compatible with the Hainan Free Trade Port.

Chapter II Governance Structure

Article 5 The provincial and Sanya municipal people's governments shall strengthen their leadership over the Science and Technology City, coordinate and solve major problems in the construction and development, decide on major matters and major projects in the construction of the Science and Technology City, and establish an assessment and evaluation mechanism.

The relevant departments of the provincial and Sanya municipal people's governments shall do a good job in the construction and development of the Science and Technology City in accordance with the division of responsibilities.

The Yazhou District People's Government of Sanya City and its relevant departments are responsible for exercising the social management functions of the Science and Technology City, and the specific scope shall be determined by the Sanya Municipal People's Government.

Article 6 The Sanya Municipal People's Government shall establish a management agency in the Science and Technology City in accordance with the law. The management agency is a statutory agency that performs corresponding administrative management and public service duties in the Science and Technology City, and is specifically responsible for the comprehensive coordination, development and construction, operation and management, investment attraction, industrial development, institutional innovation, investment promotion, enterprise services, etc. of the Science and Technology City, and exercises corresponding administrative approval and administrative penalty powers in accordance with authorization or entrustment.
Article 7 The Science and Technology City Management Agency shall, in accordance with the principle of streamlining and efficiency, implement an enterprise-based and market-based employment mechanism and salary system within the scope of the total salary determined in accordance with relevant regulations, and independently decide on the establishment of institutions, positions, personnel recruitment, salary standards, etc., except for personnel appointed in accordance with relevant regulations.

The person in charge, senior management personnel and other staff of the Science and Technology City Management Agency may be selected and hired from abroad.

Article 8 The Science and Technology City Management Agency may establish or introduce development and operation enterprises in accordance with the law, entrust enterprises to be responsible for the construction and operation of land development, infrastructure, industrial investment, investment attraction and public service facilities in the Science and Technology City, and participate in the organization and implementation of the management services of the Science and Technology City.

The Science and Technology City Management Agency shall perform the duties of an investor for the invested enterprises according to the authorization of the Sanya Municipal People's Government, and enjoy the rights of an investor such as asset income, participation in major decisions and selection of managers in accordance with the law.

Article 9 The provincial and Sanya Municipal People's Governments and their relevant departments shall delegate or entrust the Science and Technology City Management Agency to exercise relevant management powers in accordance with the law.

For management powers that are not suitable for delegation or entrustment, the provincial and Sanya Municipal People's Governments and their relevant departments may establish a resident agency in the Science and Technology City in accordance with regulations.
The relevant departments of the provincial and Sanya Municipal People's Governments, the Science and Technology City Management Agency, and the agencies stationed in the city shall clarify the management authority in the Science and Technology City, compile a list of powers and responsibilities in accordance with the law, and publish it to the public after approval.

Article 10 The Science and Technology City Management Agency shall establish a co-governance mechanism for the Science and Technology City industry, and build a public platform for co-governance, social participation and consultation and discussion in the Science and Technology City industry.

Article 11 Sanya City shall establish an anti-corruption supervision mechanism in the Science and Technology City, and conduct anti-corruption supervision on the development, construction, operation and management activities of the Science and Technology City in accordance with the law.

Chapter 3 Development and Construction

Article 12 The Sanya Municipal People's Government may, under the guidance of the planning department of the Provincial People's Government, make partial adjustments to the overall plan of the Science and Technology City in accordance with legal procedures and report it to the Provincial People's Government for filing.

The Science and Technology City Management Agency is responsible for organizing the preparation of the Science and Technology City's control detailed plan and industrial development plan based on the overall plan of the Science and Technology City, and implementing it after approval.

The relevant plans in the surrounding areas of the Science and Technology City shall be linked with the control detailed plan and industrial development plan of the Science and Technology City.
Article 13 The development and construction of the Science and Technology City shall strictly abide by the upper limit of resource utilization, the bottom line of environmental quality and the red line of ecological protection, strictly implement the ecological environment protection system, strengthen ecological restoration and environmental remediation, strictly manage the entry and exit environmental safety access, and adhere to green development.

The development and construction of the Science and Technology City shall protect the natural landscape and historical and cultural resources, and reflect the urban characteristics of the integration of nature, tradition and modernity.

Article 14 The Science and Technology City shall strengthen the overall planning and synchronous construction of infrastructure such as road networks, power grids, optical networks, gas networks, water networks, production and life supporting services, and promote the integration of industry and city, port and city, urban and rural integration and agricultural tourism.

The People's Government of Sanya City shall coordinate the construction and management of infrastructure, public service facilities and other supporting facilities in the Science and Technology City and surrounding areas, and promote regional integrated layout and linkage development.

Article 15 The People's Government of Sanya City may authorize the Science and Technology City Management Agency to be responsible for the supervision, management and development of land within the Science and Technology City, except for land acquisition matters.

The Science and Technology City Management Agency may carry out land reserves according to the authorization, and may use the government reserve land that is not supplied within the Science and Technology City through leasing, temporary use, etc., but it shall not affect the normal supply of land. Article 16 The provincial people's government shall make overall arrangements for the annual planned indicators of new construction land in the science and technology city, and give priority to the annual planned indicators of new construction land for key industries and key projects.

In the science and technology city, land resources can be integrated through acquisition, replacement, equity investment, cooperative development, etc., and planning, land price, volume ratio, contribution rate, reward and other means can be comprehensively used to innovate the land reserve mechanism.

In the science and technology city, flexible and diverse land supply methods such as allocation, transfer, lease, price contribution or equity investment can be adopted. It is allowed to use rural collective construction land for industrial project construction by transfer, lease, price contribution or equity investment.

In the science and technology city, scientific research land and education land can be supplied by allocation or agreement transfer in accordance with regulations.

In the science and technology city, the sea area use needs of teaching, scientific research, aquatic breeding and other projects are guaranteed in accordance with the law.
Article 17 Industrial buildings, offices, commercial buildings, residential buildings, parking spaces and other properties built on the land supplied by the Science and Technology City for a fee and belonging to the Science and Technology City Management Agency, or coordinated by the Science and Technology City Management Agency, can be used for industrial support, community supporting facilities and public services, talent housing, etc. of the Science and Technology City. The Science and Technology City Management Agency coordinates the planning, allocation and management of the above assets.

Article 18 The Science and Technology City Management Agency shall innovate the system and mechanism for the development and construction of the Science and Technology City and explore new investment and financing models at multiple levels and channels.

The Science and Technology City Management Agency shall explore innovative construction project engineering consulting, cost, insurance, approval, supervision, evaluation and other mechanisms, and support relevant professional institutions and personnel in the field of overseas engineering construction to participate in the development and construction of the Science and Technology City in accordance with the relevant provisions of the Hainan Free Trade Port.

Chapter IV Industry Promotion

Article 19 The Science and Technology City Management Agency shall formulate industrial development plans and guidance catalogues based on the development positioning of the Science and Technology City, implement them after approval by the Sanya Municipal People's Government, and announce them to the public.

Encourage innovative businesses in the Science and Technology City that are in line with the development positioning of the Science and Technology City, and are conducive to promoting the optimization and upgrading of the industrial structure and accelerating the transformation of the economic development mode. Enterprises can determine the scope of innovative business by themselves, except where otherwise provided by the state.

Article 20 The Science and Technology City shall promote the application of information technology in the construction of port management and logistics systems, enhance the functions of ports in scientific research services, ship maintenance and base support, and pilot bonded research and development, bonded maintenance and other businesses of deep-sea and South China breeding scientific research equipment.

Article 21 The Science and Technology City focuses on the development of deep-sea science and technology and marine industries around the fields of deep-sea scientific research, resource development and utilization, and modern services, focuses on global deep-sea scientific and technological innovation resources, and builds a national deep-sea scientific and technological innovation center with international standards.

Article 22 The Science and Technology City focuses on the construction of the National South China Breeding Research and Breeding Base, focuses on the development of South China breeding research, seed industry technology and tropical agricultural science industry, strengthens the protection of South China breeding research and breeding land, and builds a modern seed industry demonstration zone and international seed industry trade center integrating scientific research, production, sales, scientific and technological exchanges, and transformation of results. Support the Science and Technology City to pilot relevant policies on seed industry opening, and carry out innovation in the fields of foreign investment market access, biological breeding approval, intellectual property protection, and technology export services.
Support the construction of the National Tropical Agricultural Science Center in the Science and Technology City, promote technological innovation in tropical agriculture and biobreeding, explore and implement new models of opening up and international cooperation in tropical agriculture, and promote the construction of a global tropical agricultural center.

Article 23 Support the construction of a global animal and plant germplasm resource introduction transit base in the Science and Technology City, and encourage the establishment of a more flexible and efficient management system and supervision model in the introduction, inspection and quarantine, identification and evaluation, preservation and breeding, research and development innovation, biosafety prevention and control, variety trading, and the introduction, research and development, and production of agricultural inputs with high technological content and in line with the requirements of green agricultural development.

Article 24 Support the development of scientific research education, public scientific research and development, and innovation and entrepreneurship incubation in the Science and Technology City, explore the reform of the scientific research system and mechanism of colleges and universities, open and share scientific and technological resources, promote the transformation of scientific and technological achievements, and promote the coordinated development of education, scientific research, and industry.

The Science and Technology City should increase the construction of public teaching buildings, public activity areas and other facilities in the Science and Education City, and promote a scientific and educational development model with the gathering of school institutions, the cross-disciplinary integration, and the sharing of school resources.
Article 25 The Science and Technology City shall follow the provincial layout of Hainan Free Trade Port International Education Island, support domestic key universities to set up branches in the Science and Technology City or cooperate with well-known foreign universities to run schools, and support high-level foreign universities and vocational schools in science, engineering, agriculture and medicine to run schools independently and set up international schools in the Science and Technology City.

Support domestic and foreign universities, vocational schools, research institutes and enterprises to establish new R&D institutions, innovation and entrepreneurship bases and vocational training bases in the Science and Technology City in accordance with market-oriented mechanisms; encourage foreign scientific research organizations and scientific and technological service institutions to set up branches in the Science and Technology City and participate in national and local science and technology plans.

New R&D institutions can refer to the relevant preferential policies applicable to scientific research institutions in terms of undertaking government projects, professional title evaluation, introducing and training talents, applying for construction land, investment and financing services.

Support the exploration of reforms in the establishment and organization of scientific and technological projects, the use of scientific research funds, and talent evaluation in the Science and Technology City.

Article 26 Support the Science and Technology City to develop satellite navigation, surveying and mapping and related industries and services, and build a satellite remote sensing information industry park.

Article 27 Support the Science and Technology City to establish a cross-border e-commerce exhibition and sales center, service center and regional headquarters base. Encourage the development of professional supporting services related to cross-border e-commerce, and form a comprehensive service carrier integrating incubation, R&D, operation, customer service and design.
Article 28 The Science and Technology City shall guide the digitalization of assets in the leading industries, establish technical standards and models for the confirmation, flow and transaction of digital assets, and promote the application of new generation information technologies such as artificial intelligence, big data, cloud computing, blockchain, and the Internet of Things.
Support the development of financial services that are compatible with the leading industries of the Science and Technology City, and build a multi-level industrial financial service system.
Article 29 The Science and Technology City shall explore the establishment of an international intellectual property system that is connected with international practices, and build a pilot zone for intellectual property protection and application in the Hainan Free Trade Port.
Science and Technology City shall establish a mechanism for rapid review, rapid authorization and rapid protection of intellectual property rights around the promotion of marine science and technology, the development of the southern seed industry, and the protection and application of intellectual property rights in key areas and core technologies of scientific and technological innovation. Encourage the Science and Technology City to promote the securitization of intellectual property rights and improve the intellectual property trading system and trading mechanism. Support high-tech enterprises in the Science and Technology City to use equity and intellectual property rights for pledge financing.
Encourage the Science and Technology City to introduce high-end international intellectual property service institutions and strengthen the training and introduction of international intellectual property talents.
Article 30 Support the Science and Technology City to explore the establishment of an international offshore innovation and entrepreneurship pilot zone, and introduce overseas scientific research institutions, scientific and technological enterprises, and scientific and technological personnel to carry out international offshore innovation and entrepreneurship.

Article 31 For the work-related scientific and technological achievements that are formed by using fiscal funds and belong to the unit, colleges and universities and scientific research institutions may grant the person who completes the scientific and technological achievements joint ownership or long-term use rights, except for those that may affect national security, public interests, and social stability.

According to the provisions of the preceding paragraph, if the person who completes the scientific and technological achievements is granted joint ownership, the person who completes the scientific and technological achievements and the unit may agree to jointly own or share in shares. In the case of shared shares, the share of the person who completes the scientific and technological achievements shall not be less than 70%. If the person who completes the scientific and technological achievements is granted long-term use rights, the licensed use rights of the scientific and technological achievements shall not be less than ten years.

For the same work-related scientific and technological achievements, if the scientific research personnel obtain the joint ownership or long-term use rights of the work-related scientific and technological achievements, their units may no longer provide the results transformation income and rewards.

Article 32 The Science and Technology City shall introduce high-level talents and urgently needed talents at home and abroad, independently identify high-level talents in the Science and Technology City, and appropriately relax the conditions such as diplomas, age, and professional titles for urgently needed talents in light of the actual situation.
For high-level talents, talents in short supply and other talents working in the Science and Technology City, the Science and Technology City shall provide convenience in scientific research, housing, medical care, spouse employment, children's education and other aspects.

All kinds of units in the Science and Technology City are encouraged to establish front-end incubation bases and offshore R&D centers abroad and employ high-level innovative talents.

Professional and technical personnel and management personnel of state-owned enterprises and institutions are supported to work part-time and receive salary in the Science and Technology City in accordance with regulations and receive remuneration according to work.

Article 33 Qualified talents from Hong Kong, Macao and Taiwan and foreign talents who have been recognized as having obtained permanent residence in my country can directly establish technology-based enterprises in the Science and Technology City with their legal income in China.

Article 34 The provincial and Sanya municipal people's governments and the Science and Technology City management agencies shall comprehensively use fiscal subsidies and indirect investment to support universities, scientific research institutions, enterprises and scientific and technological personnel in the Science and Technology City to carry out scientific and technological innovation activities through various forms such as funding, loan interest subsidies, rewards and funds.

Enterprises or individuals in the Science and Technology City shall enjoy tax preferential policies in terms of tariffs, corporate income tax and personal income tax in accordance with relevant national and provincial regulations.

Chapter V Service Management

Article 35 Implement and deepen the reform of simplified approval in the Science and Technology City, explore the establishment of an investment system of "standard system ' commitment system" in the field of mandatory standards, simplify approval conditions and procedures, improve the efficiency of approval services, and strengthen supervision during and after the event.
The relevant departments of the Provincial People's Government shall implement the "multi-approval and multi-inspection" approval system for the import, transit and export of germplasm resources in the Science and Technology City. The relevant departments of the Provincial People's Government and the customs authorities shall establish working mechanisms such as cross-departmental information exchange, supervision linkage, law enforcement mutual assistance, and mutual recognition of assessments to improve the level of convenience for the introduction of global animal and plant germplasm resources.

Article 36 The management agency of the Science and Technology City shall establish and improve the full-process tracking service responsibility system for investment promotion projects and introduced talents, and provide enterprises in the Science and Technology City with a complete set of requirements.

Provide high-quality, efficient and convenient services to businesses, organizations and individuals.
Article 37 The Science and Technology City shall establish and improve a process supervision system based on credit supervision and adapted to the negative list management method, clarify the rules and standards for strengthening process supervision, and implement effective supervision of investment and business activities in accordance with the law.
The Science and Technology City Management Agency shall establish credit records of market entities and their practitioners in the Science and Technology City in accordance with relevant national regulations, publish, publicize and share their credit information in a timely manner in accordance with the law, and implement joint incentives for trustworthiness and joint punishment for dishonesty.
The Science and Technology City Management Agency shall establish an exit mechanism for bad market entities to ensure the healthy development of the Science and Technology City industry.
Article 38 The Science and Technology City shall improve the science and technology ethics review system and strengthen the review and supervision of relevant scientific research activities.
Article 39 The provincial and Sanya Municipal People's Governments and the Science and Technology City Management Agency shall strengthen the construction of biosafety risk prevention and control and governance systems, establish an ecological safety monitoring, assessment and early warning system for alien animals, crop pests and diseases, and alien species, strengthen the supervision of imported agricultural genetically modified organisms, and ensure the safety of animal and plant disease prevention and control.
The Science and Technology City shall cooperate with the regulatory departments of the State and the Provincial People's Government to establish and improve seed industry information monitoring, seed industry safety early warning and seed industry safety emergency response and other seed industry safety management mechanisms.

Chapter VI Legal Liability

Article 40 If the Science and Technology City Management Agency, the relevant departments of the Provincial and Sanya Municipal People's Governments and their staff abuse their power, neglect their duties, or engage in favoritism and fraud in the service and management of the Science and Technology City, the directly responsible supervisors and other responsible persons shall be punished according to law; if a crime is constituted, criminal liability shall be pursued according to law.

Article 41 The Science and Technology City shall establish an innovation tolerance mechanism, and may give lighter, reduced or exempted responsibility in accordance with the relevant provisions of the State and the Province for any of the following circumstances:

(I) Mistakes caused by lack of experience in promoting reform and innovation;

(II) Mistakes in exploratory experiments that have not yet been clearly restricted;

(III) Unintentional negligence in promoting reform and development;

(IV) Other circumstances stipulated by laws and regulations for lighter, reduced or exempted responsibility.

Chapter VII Supplementary Provisions

Article 42 This Regulation shall come into force on January 1, 2021.