Article 1
In order to improve the business environment of small and medium-sized enterprises, promote the healthy development of small and medium-sized enterprises, expand urban and rural employment, and give full play to the important role of small and medium-sized enterprises in the national economy and social development, this Article is formulated Law.
Article 2
The term "small and medium-sized enterprises" as mentioned in this Law refers to those established in accordance with the law within the territory of the People's Republic of China and the People's Republic of China, which are conducive to meeting social needs, increasing employment, and in line with national industries. Policies, production and operation scale belong to small and medium-sized enterprises of various ownerships and forms.
The classification standards for small and medium-sized enterprises are formulated by the department in charge of enterprise work under the State Council based on the number of employees, sales, total assets and other indicators of the enterprise, combined with the characteristics of the industry, and submitted to the State Council for approval.
Article 3
The state implements the policy of actively supporting small and medium-sized enterprises, strengthening guidance, improving services, regulating according to law, and protecting rights and interests, so as to create a favorable environment for the establishment and development of small and medium-sized enterprises.
Article 4
The State Council is responsible for formulating policies for small and medium-sized enterprises and making overall plans for the development of small and medium-sized enterprises nationwide.
The department responsible for enterprise work under the State Council organizes the implementation of national small and medium-sized enterprise policies and plans, and provides comprehensive coordination, guidance and services to the work of small and medium-sized enterprises across the country.
Relevant departments of the State Council provide guidance and services to small and medium-sized enterprises within the scope of their respective responsibilities in accordance with national small and medium-sized enterprise policies and overall planning.
Local people's governments at or above the county level and their affiliated departments responsible for enterprise work and other relevant departments provide guidance and services to small and medium-sized enterprises within their respective administrative regions within the scope of their respective responsibilities.
Article 5
The department responsible for enterprise affairs under the State Council shall, in accordance with national industrial policies and in combination with the characteristics and development status of small and medium-sized enterprises, determine the focus of support by formulating an industry guidance catalog for the development of small and medium-sized enterprises. , guide and encourage the development of small and medium-sized enterprises.
Article 6
The state protects the legitimate investments of small and medium-sized enterprises and their investors, as well as the legitimate gains obtained from investments. No unit or individual may infringe upon the property and legitimate proceeds of small and medium-sized enterprises.
No unit may charge or fine small and medium-sized enterprises in violation of laws and regulations, and may not allocate property to small and medium-sized enterprises. Small and medium-sized enterprises have the right to refuse and have the right to report and accuse violations of the above provisions.
Article 7
Administrative departments shall safeguard the legitimate rights and interests of small and medium-sized enterprises, protect their rights to participate in fair competition and fair transactions in accordance with the law, and shall not discriminate or impose unequal transaction conditions. .
Article 8
Small and medium-sized enterprises must abide by national laws and regulations on labor safety, occupational health, social security, resources and environmental protection, quality, finance and taxation, finance, etc., and operate and manage in accordance with the law , shall not infringe upon the legitimate rights and interests of employees, and shall not harm the interests of the public.
Article 9
Small and medium-sized enterprises shall abide by professional ethics, adhere to the principle of honesty and credit, strive to improve business standards, and enhance self-development capabilities. Article 10
The central fiscal budget should set up a small and medium-sized enterprise account and arrange special funds to support the development of small and medium-sized enterprises.
Local people's governments should provide financial support to small and medium-sized enterprises based on actual conditions.
Article 11
The national special funds to support the development of small and medium-sized enterprises are used to promote the construction of service systems for small and medium-sized enterprises, carry out work to support small and medium-sized enterprises, supplement the small and medium-sized enterprise development funds and support small and medium-sized enterprises Other matters of development.
Article 12
The state shall establish a small and medium-sized enterprise development fund. The Small and Medium Enterprises Development Fund consists of the following funds:
(1) Special funds arranged by the central fiscal budget to support the development of small and medium-sized enterprises;
(2) Fund income;
(3) Donations;
(4) Other funds.
The state encourages donations to small and medium-sized enterprise development funds through tax policies.
Article 13
The National Small and Medium Enterprises Development Fund is used for the following matters to support small and medium-sized enterprises:
(1) Entrepreneurship guidance and services;
(2) Support the establishment of a credit guarantee system for small and medium-sized enterprises;
(3) Support technological innovation;
(4) Encourage professional development and collaboration with large enterprises ;
(5) Support small and medium-sized enterprise service agencies in carrying out personnel training, information consultation and other work;
(6) Support small and medium-sized enterprises in exploring international markets;
(7) Support small and medium-sized enterprises in implementing cleaner production;
(8) Other matters.
The establishment and use management measures for small and medium-sized enterprise development funds shall be separately stipulated by the State Council.
Article 14
The People's Bank of China should strengthen credit policy guidance and improve the financing environment for small and medium-sized enterprises.
The People's Bank of China should strengthen its support for small and medium-sized financial institutions, encourage commercial banks to adjust their credit structures, and increase credit support for small and medium-sized enterprises.
Article 15
All financial institutions shall provide financial support to small and medium-sized enterprises, strive to improve financial services, change service styles, enhance service awareness, and improve service quality.
All commercial banks and credit unions should improve credit management, expand service areas, develop financial products suitable for the development of small and medium-sized enterprises, adjust the credit structure, and provide credit, settlement, financial consulting, investment management, etc. for small and medium-sized enterprises services.
National policy financial institutions should adopt various forms to provide financial services to small and medium-sized enterprises within their business scope.
Article 16
The state takes measures to broaden direct financing channels for small and medium-sized enterprises, and actively guides small and medium-sized enterprises to create conditions for direct financing through various methods permitted by laws and administrative regulations.
Article 17
The state encourages various legally established venture capital institutions to increase investment in small and medium-sized enterprises through taxation policies.
Article 18
The state promotes the construction of the credit system for small and medium-sized enterprises, establishes a credit information collection and evaluation system, and realizes the socialization of inquiry, exchange and sharing of credit information for small and medium-sized enterprises .
Article 19
People’s governments at or above the county level and relevant departments shall promote and organize the establishment of a credit guarantee system for small and medium-sized enterprises, promote credit guarantees for small and medium-sized enterprises, and create opportunities for financing of small and medium-sized enterprises. condition.
Measures for the administration of credit guarantees for small and medium-sized enterprises shall be separately formulated by the State Council.
Article 20
The state encourages various guarantee institutions to provide credit guarantees for small and medium-sized enterprises.
Article 21
The state encourages small and medium-sized enterprises to carry out various forms of mutual financing guarantees in accordance with the law. Article 22
Relevant government departments shall actively create conditions, provide necessary and corresponding information and consulting services, and reasonably arrange necessary sites and facilities according to the development needs of small and medium-sized enterprises in urban and rural construction planning. , support the establishment of small and medium-sized enterprises.
When unemployed people or disabled people start small and medium-sized enterprises, the local government should actively support them, provide convenience and strengthen guidance.
Relevant government departments should take measures to broaden channels and guide small and medium-sized enterprises to recruit graduates from colleges and technical secondary schools for employment.
Article 23
The state supports and encourages the creation and development of small and medium-sized enterprises in terms of relevant tax policies.
Article 24
The state treats small and medium-sized enterprises founded by unemployed people and small and medium-sized enterprises that absorb unemployed people in the same year as the proportion specified by the state, and high-tech enterprises that are in line with the state’s support and encouragement development policies. Small and medium-sized enterprises, those founded in minority areas and poverty-stricken areas, and small and medium-sized enterprises that have placed disabled people in a proportion specified by the state, will be exempted from income tax and enjoy tax benefits within a certain period of time.
Article 25
Local people's governments shall provide entrepreneurs with policy consultation and information services in the fields of industry and commerce, finance and taxation, financing, labor and employment, and social security based on actual conditions. .
Article 26
The enterprise registration authority shall handle the registration procedures for the establishment of small and medium-sized enterprises in accordance with legal conditions and legal procedures to improve work efficiency and facilitate registrants.
No prerequisites for enterprise registration shall be set beyond those stipulated in laws and administrative regulations; no other fees shall be charged in addition to the charging items and charging standards stipulated in laws and administrative regulations.
Article 27
The state encourages small and medium-sized enterprises to introduce foreign capital, advanced technology and management experience in accordance with the state's foreign investment policy, and establish Sino-foreign joint ventures and Sino-foreign cooperative enterprises.
Article 28
The state encourages individuals or legal persons to participate in the establishment of small and medium-sized enterprises with investment in industrial property rights or non-patented technologies in accordance with the law. Article 29
The state formulates policies to encourage small and medium-sized enterprises to develop new products according to market needs, adopt advanced technology, production processes and equipment, improve product quality, and achieve technological progress.
Technological innovation projects of small and medium-sized enterprises and technological transformation projects supporting the products of large enterprises can enjoy the loan interest discount policy.
Article 30
Relevant government departments should provide policy support in terms of planning, land use, finance, etc., promote the establishment of various technical service institutions, establish productivity promotion centers and technology enterprise incubation The base provides technical information, technical consulting and technology transfer services to small and medium-sized enterprises, provides services for product research and technology development of small and medium-sized enterprises, promotes the transformation of scientific and technological achievements, and realizes the upgrading of enterprise technology and products.
Article 31
The state encourages small and medium-sized enterprises to carry out technical cooperation, development and exchanges with research institutions and colleges and universities, promote the industrialization of scientific and technological achievements, and actively develop small and medium-sized scientific and technological enterprises . Article 32
The state encourages and supports large enterprises and small and medium-sized enterprises to establish stable collaborative relationships in raw material supply, production, sales, technology development and technological transformation based on market allocation of resources. Drive and promote the development of small and medium-sized enterprises.
Article 33
The state guides, promotes and regulates small and medium-sized enterprises to reorganize assets and optimize resource allocation through mergers, acquisitions, etc.
Article 34
Government procurement shall give priority to the purchase of goods or services from small and medium-sized enterprises.
Article 35
Relevant government departments and agencies should provide guidance and assistance to small and medium-sized enterprises, promote the export of products of small and medium-sized enterprises, and promote foreign economic and technological cooperation and exchanges.
Relevant national policy financial institutions should support small and medium-sized enterprises in exploring foreign markets by carrying out import and export credit, export credit insurance and other businesses.
Article 36
The state formulates policies to encourage qualified small and medium-sized enterprises to invest overseas, participate in international trade, and develop international markets.
Article 37
The state encourages small and medium-sized enterprise service agencies to organize small and medium-sized enterprise product exhibitions and information consultation activities. Article 38
The state encourages all sectors of society to establish and improve a service system for small and medium-sized enterprises to provide services for small and medium-sized enterprises.
Article 39
The small and medium-sized enterprise service agencies established with government support based on actual needs shall provide high-quality services to small and medium-sized enterprises.
Small and medium-sized enterprise service agencies should make full use of computer networks and other advanced technological means to gradually establish and improve information service systems open to the whole society.
Small and medium-sized enterprise service agencies contact and guide various social intermediary agencies to provide services to small and medium-sized enterprises.
Article 40
The state encourages various social intermediary agencies to provide small and medium-sized enterprises with entrepreneurial guidance, business diagnosis, information consultation, marketing, investment financing, loan guarantees, property rights transactions, Technical support, talent introduction, personnel training, external cooperation, exhibitions and sales, legal consultation and other services.
Article 41
The state encourages relevant institutions and colleges and universities to train personnel in the management and production technology of small and medium-sized enterprises to improve the marketing, management and technical level of small and medium-sized enterprises.
Article 42
Industry self-regulatory organizations should actively serve small and medium-sized enterprises.
Article 43
Self-disciplined and self-service organizations of small and medium-sized enterprises shall safeguard the legitimate rights and interests of small and medium-sized enterprises, reflect the suggestions and requirements of small and medium-sized enterprises, and provide services for small and medium-sized enterprises. Develop markets and improve business management capabilities to provide services. Article 44
Provinces, autonomous regions, and municipalities directly under the Central Government may formulate relevant implementation measures based on the conditions of small and medium-sized enterprises in their regions.
Article 45
This law shall come into effect on January 1, 2003.