Implementation Opinions of Qingdao High-Tech Zone on Further Strengthening the Supervision of Industrial Development
2021-04-19 00:00

Article 1  In order to further strengthen the supervision of industrial development, combined with the actual situation in our region, the development of this opinion.

Article 2  Industrial land transfer and development supervision should adhere to the open, fair and impartial, industrial land transfer departments and investment departments shall not set up a fair and impartial competition affecting the restrictive, exclusive conditions, shall not be set up with the land project has nothing to do with the special conditions.

Article 3 . The management committee's economic and development department in accordance with the National Development and Reform Commission Announcement No. 1 of 2017, "Strategic Emerging Industries Key Products and Services Guidance Directory", clear industrial land industry direction, and subdivided to the third level of industry directory; in accordance with the "Notice on the Implementation of Strict Industrial Land Control Indicators to Comprehensively Enhance the Efficiency of Inputs and Outputs" (Qingdao Tuizhi Fangfa 〔2014〕 No. 681), clearly set up the investment intensity of the land project for industrial land use, output intensity, tax intensity.

Article 4 . The bidder shall be a legal person or an unincorporated organization with registered residence in Qingdao Hi-Tech Industrial Development Zone (hereinafter referred to as "Qingdao Hi-Tech Zone"), and the business scope of the business license of the bidder or the bidder's shareholding company or holding company shall contain the above mentioned access industries and have more than one year's experience of the industry (with the business contract, invoice, receipt and payment vouchers, etc., signed and executed). business contracts, invoices, receipts and payment certificates shall prevail; if the bidder or its shareholding company or holding company is engaged in this industry for the first time, it is required to submit the relevant product research and development certificates.

Article 5 . Land bidders should be in the winning bidding auction within 1 working day to the management committee to submit an application for review of access conditions. The management committee by the development department joint investment, science and technology innovation, construction, administrative approval, natural resources and planning and other departments of the bidder's qualifications and application documents for written joint review, the formation of the review of the opinion reported to the management committee of the leader in charge of the finalization of the conditions of the signing of the "confirmation of the transaction". Bidders applying for "starting construction with land" in accordance with the relevant procedures of the Commission may submit a simulated application for industry access conditions to the Commission before the land is put up for auction, and the Economic and Development Department of the Commission will organize the relevant departments to conduct a simulated review in writing, and then report the opinion of the simulated review to the competent leaders of the Commission for finalization; if a bidder obtains the land, and then submits the application for formal review to the Commission, the Economic and Development Department of the Commission will directly issue an application for review of the land.

Article 6 . From the date of signing the land "confirmation of transaction" within 2 working days, the investment promotion department of the management committee to take the lead in signing the "industrial development performance supervision agreement" (hereinafter referred to as "performance supervision agreement") with the bidder. The Economic and Development Department of the Management Committee shall take the lead and the bidder shall pay to the co-management account of the Management Committee and the bidder the performance fund for industrial development within 15 working days after signing the Performance Supervision Agreement at the rate of 20% of the land premium, subject to a maximum of RMB 20 million yuan. The bidder shall sign the land grant contract with the natural resources and planning department with the Confirmation of Transaction, the Performance Supervision Agreement, and the proof of payment of the industrial development performance money.

Article 7  The bidder needs to strictly commit to the use and investment scale of the industrial land project, ensure that the construction content and scale are consistent with the content of the project, and submit an application for verification of the construction content of the project to the Economic and Development Department of the Management Committee within 90 days after the project has been completed and inspected and has obtained the Construction Project Completion Inspection and Acceptance Record Form issued by the relevant departments.

Article 8  If one of the following circumstances occurs in the land bidder, the performance money for industrial development shall not be returned as liquidated damages:

(1) The project is not invested and constructed in accordance with the agreed content and the content of the project during the construction period, and the bidder fails to rectify the situation according to the requirements or the problem is serious and cannot be rectified;

(2) The project cannot be completed and put into operation as agreed due to the unilateral reasons of the bidder;

(3) The project is not completed and put into operation as agreed by the bidder;

(4) The project is not completed and put into operation as agreed by the bidder. (b) The project is not completed and put into operation as promised due to the bidder's unilateral reasons;

(c) The bidder violates any of the commitments stipulated in the performance supervision agreement;

(d) The bidder violates the obligations stipulated in the investment agreement signed with the management committee or the relevant agreement signed with the land granting party.

Article 9  If the account is seized or debited during the custodianship period, the responsibility shall be borne by the bidder, and the Commission shall have the right to require the bidder to pay or make up the corresponding amount of performance money for industrial development.

Article 10 . If the bidder fully commences construction according to the time agreed in the land grant contract, the bidder may withdraw and use 50% of the industrial development performance money upon application of the bidder and issuance of a statement by the management committee. If the bidder fully completes the project in accordance with the time agreed in the land grant contract, the bidder may withdraw and use the remaining portion of the industrial development performance fund upon the bidder's application for the issuance of a statement by the Management Committee. If the bidder agrees to construct the project in phases in accordance with the investment agreement, after the phased construction is fully completed, the bidder may, upon the bidder's application to the Management Committee for the issuance of a statement, withdraw the industrial performance fund for the completion node in proportion to the actual area of completion, and the actual area of completion and the status of completion shall be subject to the construction permit, the certificate issued by the supervisory unit, the Construction Project Completion Acceptance Record Sheet, and the on-site inspection.

The full commencement of construction as stipulated herein refers to: after obtaining the construction license in accordance with the law, ① ramming foundation project, the ramming ends and enters into continuous construction status; ② the use of piling project, the piling ends and enters into continuous construction status; ③ deep foundation pit excavation project, the foundation bedding construction ends and enters into continuous construction status; and the construction area of the entire land under bidding meets the above requirements. Full completion means: all the construction contents of the land won by Party B are completed and the "Construction Project Completion Acceptance Record Form" is obtained according to law.

Article 11  If the bidder transfers or leases the land without consent, or changes the equity or the industrial access category of the land without authorization, the bidder shall make corrections in accordance with the requirements of the Management Committee. If the bidder refuses to make corrections, the management committee shall have the right to deduct the performance money and issue relevant opinions, and the relevant departments shall deal with the matter in accordance with the laws and regulations according to the opinions.

Article 12  The body of this opinion and the annex shall be announced together with the announcement of land supply.

Article 13  This opinion is interpreted by the high-tech zone economic development, natural resources and planning departments, effective from the date of issuance.

Annex: Agreement on Supervision of Industrial Development Performance (Format Text)

Annex

Agreement on Supervision of Industrial Development Performance (Format Text)

Party A: Qingdao Hi-tech Industrial Development Zone Management Committee

Party B: (Land Bidder)

According to the "Implementation Opinions of Qingdao Hi-tech Zone on Further Strengthening Supervision of Industrial Development", Party A and Party B shall be responsible for the implementation of this opinion. Implementation Opinions of Qingdao Hi-Tech Zone on Further Strengthening the Supervision of Industrial Development", Party A and Party B, based on the principles of voluntariness and equality, have reached the following consensus and signed this agreement. Products and Services Guidance Catalog" in the industrial direction, belonging to the catalog in the                                               and        industry.

Article 2  Conditions of Entry

Party B's investment in the construction of the project on the plot of land shall meet the following requirements:

(a) Party B shall be a legal person, an unincorporated organization and other market entities with its registered domicile located in Qingdao High-tech Industrial Development Zone (hereinafter referred to as "Qingdao High-tech Zone"). (a) Party B must be a legal person, illegal organization or other market entities with registered residence in Qingdao Hi-Tech Industrial Development Zone (hereinafter referred to as "Qingdao Hi-Tech Zone"), and the business scope of the business license of Party B or its equity participation company or holding company contains the above mentioned access industry, and has more than one year's experience of working in the industry (based on the business contract, invoice, receipt and payment certificates signed and executed); if the bidder or its equity participation company or holding company is engaged in the industry for the first time, then it is required to submit the relevant product research and development materials.

(b) The investment intensity of the land is not less than 10,000 yuan per mu    output intensity is not less than 10,000 yuan per mu    10,000 yuan/year, and the tax intensity is not less than 10,000 yuan per mu     10,000 yuan/year.

(C) other requirements (according to the specific circumstances of the plot).

Article 3  Rights and Obligations of Party A

(a) Party A will provide guiding services for the industrial land use projects according to the industrial policies and development requirements of Qingdao Hi-tech Zone and support Party B in the development and construction of the bidding land.

(2) Party A has the right to review the business licenses, business contracts and invoices provided by Party B and its equity participation or holding companies according to the requirements of the entry conditions, and to review the investment intensity, output intensity and tax intensity of Party B's projects.

(C) Party A or the professional organizations commissioned by Party A have the right to verify Party B's project, whether the construction content is consistent with the content of the project during the construction period, and whether the project is completed and put into production after the production and operation of the project to carry out supervision afterwards.

Article 4  Party B's Rights and Obligations

(a) Party B shall accept Party A or Party A's commissioned professional organizations to supervise and verify, and cooperate with the provision of relevant materials as required.

(2) Party B undertakes to bid for the above industrial land in line with the requirements of the first industrial access, and the total investment in the project is not less than RMB   100 million yuan, and failure to fulfill the commitment is regarded as a breach of contract by Party B.

(3) Party B shall accept Party A or professional organizations commissioned by Party A to supervise and verify the project, and cooperate with the relevant materials as required.

(C) Party B shall, within 90 days after the completion and acceptance of the construction project on the land and obtaining the "Construction Project Completion Acceptance Record Form" issued by the relevant departments, submit an application for verification of the construction content of the project to Party A. Party B shall not apply for verification of the construction content of the project within the above period. Party B shall be deemed to be in breach of contract if it fails to submit the application for verification within the aforesaid period.

(4) Party B shall not transfer or lease the land without Party A's consent, or transfer the land in disguise by contributing in kind to the land or changing Party B's equity. Party B shall not change the industrial access category of the land. In case of violation of this agreement and refusal to rectify, the performance fund for industrial development will not be refunded and Party A will issue relevant opinions, and the natural resources and planning departments will terminate the land grant contract and recover the land in accordance with the laws and regulations according to the opinions.

Article 5  Performance Responsibility

(a) Party A and Party B shall open a condominium account in the bank within 15 working days after signing this Agreement, and Party B shall pay 20% of the land grant (    million yuan) to the condominium account for the performance of industrial development, and the bank where the condominium account is located shall issue a certificate of payment of the performance of industrial development.

(b) Party B in one of the following circumstances, industrial development performance as liquidated damages will not be returned:

1. Party B in the construction period did not follow the agreed content and the content of the project to invest in construction, Party B did not rectify the requirements or the problem is serious and can not be rectified;

2. Due to Party B's unilateral reasons lead to the project failed to start, complete or put into operation as promised;

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3. Party B violates any of the undertakings agreed in this Agreement;

4. Party B violates the obligations stipulated in the investment agreement signed with Party A or the relevant agreement signed with the land grantor.

(3) If Party B fully commences the construction according to the time agreed in the land grant contract, upon Party B's application, Party A will issue a statement to the depository bank of the industrial development performance fund, and Party B can withdraw and use 50% of the industrial development performance fund. If Party B fully completes the construction according to the time agreed in the land grant contract, Party B may withdraw and utilize the remaining portion of the industrial development performance fund upon Party B's application for Party A to issue a statement to the bank for depositing the industrial development performance fund. If Party B agrees to construct the project in phases in accordance with the investment agreement, after the phased construction is fully completed, Party B may withdraw the industrial performance fund for the completion node according to the proportion of the actual area of completion upon Party B's application for Party A's explanation to the bank of the depository of industrial development performance fund and the actual area of completion and the status of completion shall be subject to the construction license, the certificate issued by the supervisory unit, the "Recorded Form for the Completion Inspection and Acceptance of the Construction Project" and the on-site inspection.

The full commencement of construction as stipulated herein refers to: after obtaining the construction license in accordance with the law, ① ramming foundation project, the ramming ends and enters into continuous construction status; ② the use of piling project, the piling ends and enters into continuous construction status; ③ deep foundation pit excavation project, the foundation bedding construction ends and enters into continuous construction status; and the construction area of the entire land under bidding reaches the above requirements. Full completion means: all construction contents of the land won by Party B are completed and the construction project completion acceptance record form is obtained in accordance with the law.

(4) If the account is seized or impounded during the custodianship period, the responsibility shall be borne by Party B, and Party A has the right to require Party B to pay or make up the corresponding amount of performance money for industrial development.


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