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Notice of the Yunnan Provincial People's Government on Issuing Several Provisions on Further Expanding Openness and Developing Horizontal Economic Alliances and Collaborations
Article 1: In order to promote the reform and opening up of our province, accelerate the implementation of the economic development strategy, and promote the sustained, rapid and healthy development of the national economy, in accordance with the relevant national laws, regulations, and policies, and in accordance with the establishment of a socialist market economy requirements and the principles of "mutual benefit, complementary advantages, interconnected development, equal competition, and common prosperity" to further expand opening up to the country and develop horizontal economic alliances and collaborations with brother provinces, municipalities, and autonomous regions (hereinafter referred to as foreign provinces), Establish this provision. Article 2 The resources (except those exclusively managed by the state) and industries (except those exclusively controlled by the state and whose products are exclusively sold) in Yunnan Province are open to the whole country. Encourage state-owned, collective, private, individual, "foreign-funded" enterprises and other enterprises and institutions and individuals from other provinces (hereinafter referred to as units and individuals from other provinces) to come to Yunnan to develop biological resources, mineral resources, water energy resources, tourism resources, etc., and use our province Taking advantage of the geographical advantages in opening up along the border, we will carry out the following cooperation for domestic and foreign markets:
1. Establish domestic wholly-owned enterprises, joint ventures, and Chinese (including multiple domestic provinces participating, the same below) foreign joint ventures and cooperative enterprises; establish cross-regional and cross-industry limited liability companies, joint-stock companies, or branches and subsidiaries where the company is domiciled outside the province.
2. Implement joint ventures, contracting, leasing, purchasing, merging, equity participation, holding shares or organizing enterprise consortiums (groups) for existing enterprises in our province.
3. Implement joint ventures, shareholdings, and holdings in some processes and workshops of existing production enterprises in our province, and carry out "one factory, two systems" cooperation.
4. Transfer scientific and technological achievements and diffusion products (trademarks) to units and individuals in our province, and carry out processing of supplied materials, compensation trade and technical cooperation, talent exchange, information consultation, technical training, etc.
5. Carry out bilateral (counterpart) and multilateral regional cooperation with our province and prefectures, cities and counties, establish regional economic cooperation organizations, set up offices for each other, and establish "economic windows".
6. Engage in economic, scientific and technological academic exchanges, carry out networking activities, and establish cooperative network organizations with the province's economic, technological, educational, cultural, health and other departments, units and social groups. Article 3 The Yunnan market is open to the whole country.
1. Encourage units and individuals from other provinces to participate in the construction of commodity markets, labor markets, and technology markets as sole proprietorships or joint ventures. All commodities operated in various markets are liberalized except those prohibited, restricted, exclusive and confidential by the state. The flow of capital, technology, labor, information, etc. shall be decided independently by the operators.
2. Unless there are special provisions by the state for materials and commodities entering and leaving the province, no review procedures for "approval of transportation" and "release" will be carried out.
3. Local banks, urban cooperative banks, and rural cooperative banks in our province that have been submitted to the state for approval will be open to the country after approval by the state, as well as various investment companies and financial companies under local management. Foreign provinces are welcome to participate in equity participation and joint construction and joint establishment. The application and approval procedures shall be handled by financial enterprises in our province in accordance with national regulations. Article 4: Encourage units and individuals from other provinces to come to Yunnan to take advantage of the border geographical advantages to carry out the following border trade and economic and technological cooperation with neighboring countries:
1. Jointly or solely invested in the construction of border trade port facilities.
2. Establish export production bases and processing enterprises jointly or solely as a sole proprietorship; establish domestic sales enterprises that use imported raw materials to process and add value.
3. Establish border trade products and companies jointly or solely.
4. Jointly implement foreign economic and technical cooperation projects.
5. The "Five Provinces, Regions, Seven Parties Joint Open Office" established in Kunming by five provinces, regions, and two cities including Sichuan, Yunnan, Guizhou, Guangxi, Tibet, Chongqing, and Chengdu has expanded the scope of domestic services and focused on ensuring services to the southwestern provinces and cities. At the same time, it faces the whole country and actively undertakes the liaison work entrusted by various places with the development of economic, trade and science and technology business in Southeast Asia and South Asia. Article 5 Encourages units and individuals from other provinces to come to Yunnan to conduct research on existing and planned agricultural development zones, industrial corridor development zones, export processing zones, economic development zones, tourism development (resort) zones, high-tech development zones, etc. Joint planning, joint development, and mutual benefit. Article 6: In accordance with national industrial policies, combined with the provincial industrial planning, and in accordance with the principle of paid reciprocity, actively accept the transfer of coastal industries to Yunnan, create conditions for their smooth "settlement", and take necessary measures to support development. At the same time, Yunnan also supports and assists enterprises in the province to go out of the province, "settle" in coastal and other areas, and actively participate in local economic construction. Article 7 Units and individuals inside and outside the province can use the following inputs as investments in joint collaboration:
1. Cash, equity.
2. Technology, scientific research results, production (operation) management experience.
3. Production (operation), scientific research and management (office) equipment and facilities.
4. Materials and commodities required for production (operation) and scientific research.
5. Land use rights, exclusive business rights, trademark rights and other intellectual property rights.
6. Other inputs stipulated by laws and regulations or agreed upon by both parties. Article 8 Governments at all levels in this province shall protect the legitimate rights and interests of sole proprietorships and joint ventures (hereinafter referred to as foreign-provincial investment enterprises) and projects established by units and individuals from other provinces in Yunnan in accordance with the law; for joint ventures, in accordance with the requirements of the modern enterprise system, the government shall be separated from enterprises and shall be independent. business.
1. All parties to a joint enterprise (project) decide on their own initiative the method, content and duration of cooperation on a voluntary basis (unless otherwise stipulated by law).
2. Enterprises participating in the alliance in our province can change their affiliations, financial relationships and settlement channels with the approval of the government or competent department with approval authority.
3. The tangible assets and intellectual property rights of enterprises invested in other provinces are protected in accordance with the law. Any unit or individual within the province may not misappropriate them in any way, nor may they engage in any illegal cost apportionment. Enterprises have the right to resist all kinds of illegal appropriation and appropriation.
4. The enterprise's basic construction, operating methods, labor wages, product development, technological transformation, profit distribution, financial system, etc. are all decided independently by the enterprise in accordance with the law.
5. The employment of the joint enterprise shall be decided through negotiation between the parties. For joint enterprises that implement the employment system, personnel in our province, from the original legal representative of the enterprise to employees in specific positions, are recruited and used in accordance with the principles of "openness, fairness, and impartiality". Any personnel who are dismissed due to inapplicability or overcapacity will be recruited by the competent department of the original enterprise. Adjust placement or enter the labor market and re-introduce employment.
6. When investment enterprises from other provinces have economic or civil disputes with units and individuals in our province and request mediation, the local government departments shall mediate impartially. If the mediation is ineffective, the parties shall resolve it according to arbitration or litigation procedures.
7. The relevant supervision and inspection departments in the province shall treat all types of supervision and inspections carried out by law by enterprises invested in other provinces in the same manner as enterprises in the province.
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