Encourage foreign investors who meet the prescribed conditions to set up sole proprietorship enterprises in the special zone. Article 3 The people's governments at all levels in Shantou shall create a fair investment environment for sole proprietorship enterprises. The property and lawful rights and interests of a sole proprietorship enterprise and its investors are protected by law. Article 4 The relevant administrative and judicial organs of Shantou City shall, according to their respective functions and duties, ensure the implementation of these Regulations. The Federation of Industry and Commerce and the Association of Private Enterprises shall assist in the implementation of these Regulations. Article 5 An investor applying for the establishment of a sole proprietorship enterprise shall have the capacity for civil rights and full capacity for civil conduct.
Individuals who are prohibited from engaging in profit-making activities by laws and regulations may not apply for the establishment of a sole proprietorship enterprise. Article 6 An investor may set up a sole proprietorship enterprise in cash, in kind, land use right, industrial property right, non-patented technology or other property rights. The above-mentioned capital contribution shall be the legal property and property right of the investor. Article 7 Investors of a sole proprietorship enterprise shall enjoy the ownership of the enterprise property according to law and exercise the rights of possession, use, profit and disposal. Its related rights can be transferred and inherited.
No organization or individual may occupy, plunder, destroy, extort or otherwise infringe upon the lawful property of a sole proprietorship enterprise. Article 8 A sole proprietorship enterprise may obtain the land use right according to law. The land use right and the legal buildings and structures on the ground obtained by a sole proprietorship enterprise by way of transferee may be transferred, subscribed, transferred and used as mortgage of creditor's rights according to law within the land use period stipulated in the transferee contract.
It is forbidden for any unit or individual to occupy or destroy the legitimate business premises of a sole proprietorship enterprise.
If the legal business premises of a sole proprietorship enterprise need to be demolished due to construction, compensation and resettlement shall be given according to law. Article 9 A sole proprietorship enterprise shall enjoy the right to operate independently according to law. Except for industries, commodities and projects that must be examined and approved by the relevant municipal competent departments according to laws and regulations, investors may directly apply to the enterprise registration authority for registration, and no organization or individual may illegally interfere. Article 10 Wholly-owned enterprises are encouraged to participate in the production and operation of state-owned and collective enterprises in competitive industries. Wholly-owned enterprises contracting, leasing, merging and purchasing state-owned and collective small and medium-sized enterprises shall enjoy preferential treatment according to relevant regulations. Article 11 A productive sole proprietorship enterprise that meets the prescribed conditions has the right to import and export its products and has the right to import equipment, spare parts and raw materials needed for its production within the approved scope. Article 12 A sole proprietorship enterprise shall enjoy the pricing power according to law. Except for the important commodities and services stipulated by laws and regulations and listed in the government pricing catalogue, a sole proprietorship enterprise can make its own pricing and obtain legitimate profits in its production, operation and service provision. If it belongs to the government-guided price, it can be priced within the prescribed range. Article 13 A sole proprietorship enterprise shall enjoy the exclusive right to its name (trade name), registered trademark and patent according to law. No unit or individual may infringe upon it. Article 14 A sole proprietorship enterprise may open RMB and foreign currency accounts in banks according to its business needs and participate in foreign exchange transactions in accordance with relevant state regulations. A sole proprietorship enterprise has the right to apply for a loan. Commercial financial institutions shall provide credit and other financial services to sole proprietorship enterprises according to law. Article 15 An investor of a sole proprietorship enterprise may, as a partner or one of the shareholders, set up a partnership enterprise or company according to law due to business needs. Article 16 A sole proprietorship enterprise shall enjoy the right of employment and internal management according to law. A sole proprietorship enterprise has the right to decide its employment form, employment quantity, employment period and salary amount according to law. Article 17 The personnel and labor departments at or above the district level shall be responsible for the introduction and employment of all kinds of professional and management talents that meet the deployment conditions in a sole proprietorship enterprise according to their respective management authority. A sole proprietorship enterprise may apply for Shantou household registration for qualified employees in accordance with the relevant provisions of Shantou household registration management. Eighteenth employees of a sole proprietorship enterprise are responsible for the examination of professional and technical qualifications and qualification examination materials, and the institutions designated by the provincial and municipal personnel title reform departments are responsible for the examination. Those who meet the requirements after examination shall be submitted to the personnel title reform department at or above the district level for examination or go through the registration formalities according to the prescribed procedures. Those who pass the re-examination shall be awarded professional and technical qualification certificates. The appointment of relevant professional and technical positions shall be decided by the sole proprietorship enterprise. Article 19 If a sole proprietorship enterprise sends its employees abroad (territory) or invites foreign customers to enter (territory) due to business needs, it shall apply to the visa authority for entry and exit visas after being signed by the Municipal Federation of Industry and Commerce or the private enterprise association.