Chapter I General Provisions
Article 1
The Measures are formulated in accordance with rules and regulations such as the Management Measures for the Industrial Development Funds of Shenzhen-Hong Kong Modern Service Industry Cooperation Zone (Shenzhen Qianhai No. 3 [2020]) with the aims of implementing The Plan for Comprehensive Deepening Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, promoting the high-quality development of the modern service industry, and increasing the occupancy rate of office buildings and the degree of industrial agglomeration.
Article 2
The Measures are applicable to the declaration, review and related management activities of the office space subsidies
Article 3
The Authority of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone (hereinafter referred to as Qianhai Authority) is responsible for the management and use of the special fund for office space, including the preparation of annual fund plans, material acceptance, review and identification, fund allocation, and follow-up supervision, etc.
Article 4
Institutions applying for the office space subsidies should meet the following basic conditions:
a. The institutions are registered, operating and paying taxes in Qianhai;
b. Headquarters enterprises recognized by the Qianhai Authority; or belong to the industries of finance, modern marine, exhibition, trade and logistics, technology service, new international trade, digital and fashion, and professional service;
c. When applying for the subsidies, the enterprises should not be included in the list of abnormal business operations, the list of untrustworthy persons subject to enforcement, and the blacklist of joint disciplinary actions announced by the municipal authorities.
Article 5
The office building where the institution applying for office rent subsidies is settled should meet the following conditions:
a. The leasable area is not less than 20,000 square meters;
b. The property owner of the office building should select one or two industry types from paragraph b of Article 4 as the industry carrier. Within two years after submitting the application, the leased and sold area to qualified institutions should reach more than 60% of the total space of the office building;
c. Public spaces such as meeting rooms, reception rooms, training classrooms, etc. that can be used by settled institutions are not less than 500 square meters, which should be equipped with a complete management system, a humanized, digital, intelligent, and energy-saving property service system, and a professional investment promotion team.
d. Can provide preferential rents 10% lower than the market price.
The property owner of the office building or the management unit entrusted by it shall declare to the Qianhai Authority the type of industry to be agglomerated in the building, and the type of industry shall comply with the identification conditions of the industrial carrier in the special industrial support policies for the financial, commerce and logistics, emerging industries, and professional service industries in the Qianhai Cooperation Zone.
Article 6
If the applicant meets the provisions of the Measures and other office space support policies in Shenzhen, Nanshan District, Bao'an District, and Qianhai Cooperation Zone, only the optimal policy can be applied and enjoyed.
Article 7
The office space funds are subject to budget management, which is drawn from the Qianhai industry development fund budget on an annual basis. If the approved funds exceed the total budget for the year, the the amount of approved fund shall be adjusted in the same proportion.
Article 8
The office space support funds adopts a full-process performance management method. The Qianhai Authority will simultaneously prepare the performance targets of the office space fund during the annual budget preparation stage, which serves as the basis for office space fund budget execution, tracking and monitoring of project operation, and performance evaluation.
The performance monitoring and evaluation result of the office space support fund will be used as an important basis for next year’s budget arrangements and policy adjustments.
Chapter II Objects and Standards
Article 9
Institutions that do not have their own office space in Shenzhen, and have purchased or planning to purchase office space in the original Qianhai Cooperation Zone from January 1, 2021 to December 31, 2023, or in the newest geographical scope of Qianhai Cooperation Zone from September 6, 2021 to December 31, 2023, will enjoy office space purchase supports in accordance with the following standards:
a. Headquarters enterprises recognized by the Qianhai Authority will be subsidized at a standard of 3,000 yuan per square meter. The subsidy is capped at 30 million yuan and will be distributed evenly over three years;
b. Other key organizations that have not been recognized as headquarters enterprises in Qianhai will be subsidized at a standard of 1,500 yuan per square meter. The subsidy is capped at 15 million yuan and will be distributed evenly over three years;
c. For Hong Kong-funded institutions that meet any of the two conditions above, the support standard will be increased to 120%, but the maximum amount will remain unchanged.
Article 10
Institutions that settle in the original geographical scope of Qianhai Cooperation Zone from January 1, 2021 to December 31, 2023, or in the new geographical scope of Qianhai Cooperation Zone from September 6, 2021 to December 31, 2023, and leases at least 150 square meters of office pace that complies with Article 5 for self use, and the office space is not sublet or changed in terms of its functions within the lease term, will enjoy office space rent supports in accordance with the following standards:
a. Headquarters enterprises recognized by the Qianhai Authority will be subsidized at a standard of 60 yuan per square meter each year. The subsidy is capped at 50 million yuan each year and can be applied for three consecutive years;
b. Other institutions that meet the industry catalog in clause b of Article 4 will be subsidized at a standard of 60 yuan, 40 yuan and 20 yuan per square meter, respectively if they settle in the office space in 2021, 2022 and 2023. The subsidy is capped at 50 million yuan each year and can be applied for three consecutive years;
c. For Hong Kong-funded institutions that meet any of the two conditions above, the support standard will be increased to 120%, but the maximum amount will remain unchanged.
Institutions that have already enjoyed office rent subsidies in accordance with the "Measures of Office Rental Subsidies for Promoting Enterprises Returning to the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Shenzhen Qianhai No. 8 [2019]) will not enjoy the rental subsidies in the Measures.
Article 11
The same institution may not simultaneously enjoy the office space purchase subsidy and office space rent subsidy in the Measures. Institutions that have obtained industrial land in the Qianhai Cooperation Zone shall not enjoy the office space purchase provided in the Measures.
Article 12
Institutions that purchased or rent industrial space of Qianhai Authority shall be deemed to have enjoyed relevant preferential policies and will no longer enjoy the support policies in the Measures.
Article 13
For enterprises that have been operating in the Qianhai Cooperation Zone before December 31, 2020, the standard of office rent support is implemented in accordance with the "Measures of Office Rental Subsidies for Promoting Enterprises Returning to the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Shenzhen Qianhai No. 8 [2019]).
Article 14
For projects that have strategic significance or significant contributions to the Shenzhen-Hong Kong cooperation, the agglomeration, innovation and development of the modern service industry of Qianhai, the Qianhai Authority may discuss the subsidy standards with the projects’ institutions by signing cooperation agreements. The number of institutions supported by Qianhai Authority through this method shall not exceed 10% of the total number of supported institutions in the same year, and the subsidy amount shall not exceed 25% of the total amount of the subsidies.
Chapter III Application and Review
Article 15
When applying for office space subsidies to Qianhai Authority, if the office buildings where the institutions are settled in do not meet the conditions specified in clause b of Article 5, the office building owner shall provide a promise to the Qianhai Authority in the form of a letter of guarantee.
Article 16
Office space purchase subsidy applicants need to submit their applications to Qianhai Authority by themselves. Office space rent subsidy applicants can apply to Qianhai Authority by themselves, or entrust the industry authorities of municipal districts, property rights owners or project operators to submit applications to the Qianhai Authority.
The qualifications of the qualifiers are reviewed once a year, and those who no longer meet the qualifications after review will not be supported; if the qualifications have changed, the qualifiers will be supported according to the changed qualifications.
Both office space purchase and rent subsidies adopt a method of one-year deferred payment. The application received in the current year is related to the subsidy for the previous year.
Article 17
The application and approval process of office space subsidies is as follows:
a. Application. The application for the special funds shall be accepted in a centralized manner, and the time for acceptance shall be subject to the announcement issued by the Qianhai Authority. The acceptance time shall be no less than 10 working days. The applicant should submit relevant materials during the acceptance period.
b. Material review. The Qianhai Authority will review the application materials in accordance with Article 6 of the Measures. Those who have passed the review shall be publicized to the public, and the publicity period shall not be less than 5 working days. Any organization or individual who has objections to the publicity shall submit a written objection to the Qianhai Authority within the publicity period. The Qianhai Authority shall investigate and verify the objection. If the objection is established, the matter shall be publicized and the objector shall be notified in writing form; if the objection is not established, a written decision shall be made and the objector shall be notified.
c. Funds allocation. If there is no objection during the publicity period or if the objection is not established, the Qianhai Authority shall allocate corresponding support funds in accordance with the regulations.
Article 18
The application materials shall be listed by Qianhai Authority in the form of application guidelines in accordance with the conditions stipulated in the Measures, and shall be published on the official website of Qianhai Authority. The applicant shall provide a credit commitment and be responsible for the authenticity and legality of the application materials.
Article 19
If the application materials meet the requirements, the Qianhai Authority shall accept the application and complete the review procedures within 90 working days.
Chapter IV Responsibility and Supervision
Article 20
Institutions enjoying the office space purchase subsidies shall promise in writing that they shall not rent or sell the property within ten years from the date of payment of the support funds, and shall not move their registered place or tax payment relationship out of the Qianhai Cooperation Zone. For those who move out of Qianhai in advance, the Qianhai Authority will recover the remaining annual support funds and calculate interest at the current loan prime rate (LPR).
Institutions enjoying office space rent subsidies shall promise in writing that their office space is used themselves, and must not sublet the space within three years, and shall not move their registered place or tax payment relationship out of the Qianhai Cooperation Zone. In case of subletting or moving out of Qianhai in advance, the support funds obtained shall be refunded in one lump sum and the interest shall be calculated at the current loan prime rate (LPR).
If a cooperation agreement is signed in accordance with the provisions of Article 14, the above-mentioned content shall be clearly stipulated in the cooperation agreement.
Article 21
If it is found that the property rights holders and the project operators deliberately obstruct the lawful application for support funds, or drive up the rental price, disrupt the market order, and seriously weaken the tenantry’s willingness to rent, all office buildings in the Qianhai Cooperation Zone held by the property rights holders shall not be included in the scope of funds support of the Measures within three years from the date of discovery of violations. The project operators shall not represent any agency to apply for the funds support to Qianhai Authority within three years.
Article 22
If the applicant has fraudulently obtained support funds by other improper means, or refuses to cooperate with the supervision and inspection, the Qianhai Authority will withdraw the support funds and calculate the interest at the current loan prime rate (LPR). The applicants are also not allowed to apply for any form of industrial supportive funds of Qianhai within five years, and will be put in the list of dishonesty and sent to relevant departments in Shenzhen in accordance with relevant national regulations. At the same time, the information of the institution and its legal representative, main responsible person and other directly liable personnel will be incorporated into the public credit information system for disciplinary measures. Those suspected of crimes shall be transferred to judicial organs for handling in accordance with the law.
Article 23
The distribution and use of support funds are disclosed to the public through the official portal of Qianhai Authority, and are subject to supervision by relevant departments and society.
Article 24
The Qianhai Authority and the applicants subject shall ensure the integrity of the application materials and the use of funds and other materials, and accept the supervision of the financial department, the audit department and the Qianhai Anti-corruption Bureau.
Article 25
If the staff of the Qianhai Authority neglected their duties, abused their powers, failed or incorrectly performed their responsibilities stipulated in the Measures, or used their positions to obtain improper benefits, they shall be given Party discipline and administrative sanctions in accordance with laws and regulations. Those suspected of committing crimes by duty shall be transferred to the supervisory organs for handling in accordance with the law.
Chapter V Supplementary Provisions
Article 26
The explanations of the relevant terms in the Measures are as follows:
a. The scope of the "Qianhai Cooperation Zone" referred to in the Measures is the area determined by "The Plan for Comprehensive Deepening Reform and Opening Up of the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Qianhai Plan) issued by the Central Committee of the Communist Party of China and the State Council. The original scope of the "Qianhai Cooperation Zone" is the area determined by the "Overall Development Plan for Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone".
b. The "office space" mentioned in the Measures refers to the office buildings on the commercial land in the Qianhai Cooperation Zone.
c. The "institutions" mentioned in the Measures refer to legal persons (including branches) and unincorporated organizations such as industry associations (except for government agencies and institutions) in the Qianhai Cooperation Zone.
d. The “actual place of business operation” mentioned in the Measures refers to the actual management organization of the institution is located in the Qianhai Cooperation Zone at the time of application, and the institution implements substantive and comprehensive management and control of its production and operation, personnel, accounting, and property. The area of business operation in the Qianhai cooperation zone shall be calculated based on not less than one-third of the number of employees of the institution and 10 square meters per capita. If an institution that has obtained industrial land in the Qianhai Cooperation Zone and signed an industrial development and supervision agreement promises to move in Qianhai within 12 months of the project's commissioning date as stipulated in the land transfer contract, the institution shall be deemed as its actual place of business operation is in the Qianhai Cooperation Zone.
e. The term "newly settled" in the Measures refers to an institution that meets one of the following conditions:
e1. After January 1, 2021 (including the date), an institution that newly registered its actual place of business operation in the Qianhai Cooperation Zone;
e2. Before January 1, 2021, an institution adopts the domicile custody method for commercial registration in the Qianhai Cooperation Zone, and the actual place of business operation is not in the Qianhai Cooperation Zone. After January 1, 2021 (including the date), the institution move back to the Qianhai Cooperation Zone for business operations;
e3. Before January 1, 2021, an institution completed business registration with an actual business address in the original Qianhai Cooperation Zone, and belongs to an enterprise with category-A rating or above in compliance with the "Interim Measures for Investment Promotion Incentives of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone" (Shenzhen Qianhai No. 3 [2020]).
f. The term "Hong Kong-funded institutions" mentioned in the Measures refers to enterprises registered in the Qianhai Cooperation Zone where Hong Kong investors hold more than 25% of the shares. Hong Kong investors refer to legal entities and Hong Kong residents that are legally registered or established in the Hong Kong Special Administrative Region of China and engage in substantive business operations. Hong Kong residents refer to permanent residents of the Hong Kong Special Administrative Region of China and mainland residents who have settled in Hong Kong (the mainland household registration has been canceled).
The substantive business operations mentioned in the preceding paragraph shall meet the following standards:
1. Register in accordance with the Hong Kong Companies Ordinance or other relevant regulations, and obtain a valid business registration certificate. If required by the laws of Hong Kong, a license or permit to carry out the business shall be obtained;
2. Registered in Hong Kong and engaged in substantive business operations for more than 1 year (including 1 year);
3. Pay profits tax in accordance with the law during the period of substantive business operations in Hong Kong;
4. Owning or renting business premises in Hong Kong to engage in substantive business operations;
5. Employ residents who are unrestricted to reside in Hong Kong or mainlanders who hold a one-way permit to settle in Hong Kong.
If more than 50% of the equity of a Hong Kong legal entity as specified in the clause f is acquired by way of acquisition or merger for more than one year, the acquired or merged institution is a Hong Kong investor that meets the requirements of clause f.
The certification and support standards of Macao-funded institutions shall be implemented in accordance with Hong Kong-funded institutions.
g. The term "other key organizations that have not been recognized as headquarters enterprises in Qianhai" as mentioned in the Measures refers to that meets one of the following conditions:
1. Fortune 500 companies or Top 500 companies in China;
2. Companies listed on the Shanghai, Shenzhen, Beijing, and Hong Kong stock exchanges;
3. Other licensed financial institutions established with the approval of the national financial regulatory authority, or Shenzhen branches (branch company) affiliated to the headquarters of financial enterprises such as banks, securities companies, insurance companies, etc.; branches of foreign and Hong Kong, Macao and Taiwan banks;
4. Headquarters enterprises recognized by the Shenzhen authorities;
5. Unicorn companies;
6. National high-tech enterprises with an operating income of not less than 100 million yuan in the previous year (the certificate should be within the validity period).
h. The "Fortune 500 companies" mentioned in the Measures shall be subject to the latest list published by the U.S's Fortune magazine; the "Top 500 companies in China" shall be subject to the latest list jointly published by the China Enterprise Confederation and the Chinese Enterprise Directors Association.
i. The "unicorn company" mentioned in the Measures refers to an enterprise that has been established within 10 years and whose valuation in the latest round of financing is not less than 1 billion U.S. dollars and has not yet been listed.
j. The term "rent" mentioned in the Measures refers to the rent agreed upon in the lease contract between the tenant and the landlord, excluding water and electricity, air-conditioning, property management fees and other expenses. The rent agreed in the contract shall be the same as the actual payment of the rent invoice.
k. The currency of the amount mentioned in the Measures is RMB.
l. The terms "not less than", "not exceeding", and "above" mentioned in the Measures all include the figure mentioned.
Article 27
The Measures shall be implemented on November 21, 2021, and shall be valid for three years.
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