(Adopted at the 19th meeting of the Standing Committee of the 6th Shenzhen Municipal People's Congress on August 17, 2017 Revised for the second time on August 29,2019 in accordance with the Decision on Amending 29 Regulations including ‘the Regulations of Shenzhen Special Economic Zone on Talent Work’ at the 35th Standing meeting of the 6th Standing Committe of Shenzhen Municipal People's Congress)
Chapter One General Provisions
Article 1 In order to promote the talent development of Shenzhen Special Economic Zone, stimulate innovation, creativity and entrepreneurship among talents, and provide intellectual support for building the city into an international center for science and technology and industrial innovation and a modern international innovation-oriented city, these Regulations of Shenzhen Special Economic Zone on Talent Work (hereinafter referred to as these Regulations) are formulated in accordance with the basic principles of relevant laws and administrative regulations, and in light of the actual circumstances of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the work on the cultivation, introduction, flow, evaluation of, incentives to, service and guarantee for talents in Shenzhen Special Economic Zone.
"Talent" mentioned in these Regulations refer to workers who are needed by the economic and social development, and have certain professional knowledge or skills to carry out creative work and make contributions to the society.
Article 3 The principle of the Party exercising leadership over talent work shall be adhered to, and such leadership shall be further strengthened and improved to provide strong political and organizational guarantees for talent development.
Article 4 Talent work shall serve the overall situation of economic and social development, strive to adapt the quantity, quality and structure of talents for the economic and social development, and deeply integrate talent development with the advancement of economic, political, cultural, social and ecological progress.
Article 5 The openness of talents shall be expanded to fully develop and utilize domestic and international talent resources. Talents shall be introduced without taking consideration of where they come from, be developed regardless of cost and be made good use of not limited to one pattern.
Article 6 Market-driven nature shall be highlighted and the practice-oriented principle shall be adhered to. Let the market play the decisive role in allocation of talent resources and let the government better serve its duties. Mechanisms for the supply and demand of talents and price and competition shall be improved. The autonomy of employers to employ and dismiss personnel shall be guaranteed and put into practice.
Article 7 The municipal people’s government and the district people's governments shall actively implement the strategy of prioritizing talent development, accelerate the transformation of government’s functions on talent management, deepen the reform of the institutional mechanism of talent development, and protect the legitimate rights and interests of talents.
Article 8 The municipal people’s government and district people’s governments shall incorporate talent work into the national economic and social development plan, formulate special plans on talent development in line with actual local needs, and include talent development as an indicator for the comprehensive evaluation of economic and social development. Special plans on industry, science and technology, education, culture, and health shall take talent management as an important content.
Article 9 Leading bodies responsible for talent work shall be established at the municipal and district levels, which perform the following duties:
(1) conducting macro guidance, comprehensive coordination and supervision, as well as supervision and inspection of talent work and talent team construction;
(2) researching, formulating and guiding the implementation of medium and long-term talent development plans and major talent policies;
(3) organizing and implementing major talent projects and coordinating the advancement of key talent work;
(4) researching, deploying and supervising the implementation of annual talent work;
(5) researching and deciding other important matters concerning the talent work.
Article 10 The municipal comprehensive competent department of talent work shall lead, coordinate, supervise, serve and guarantee the talent work and talent team construction and perform other specific works, as well as coordinate to advance the construction of talent teams of all kinds.
The municipal human resources and social security department is responsible for the management of talent work of Shenzhen Municipality.
The municipal development and reform commission, education department, science and technology innovation department, finance department, culture, radio and television, tourism and sports department, health department, and other departments shall be responsible for relevant talent work within the scope of their respective duties.
Article 11 People’s organizations such as labor unions, the Communist Youth League of China, women’s federations, federations of industry and commerce, federations of literary and art circle, associations for science and technology, and industry associations shall give full play to their advantages in connecting and serving talents of all kinds and carry out talent work in their related fields.
Article 12 The municipal comprehensive competent department of talent work shall, in view of the national economic and social development plan and the situations of talent work, regularly publish reports on talent work situation of Shenzhen Municipality.
Article 13 The comprehensive competent departments of talent work and the human resources and social security departments shall conduct regular evaluation of talent policies and adjust or propose adjustment opinions timely according to the results of evaluation.
Article 14 November 1st of each year is the Talent Day of Shenzhen.
Chapter Two Talent Cultivation
Article 15 Talent cultivation shall focus on both morality and ability of talents, strengthen political guidance and political absorption, pay attention to the cultivation of innovation consciousness and ability for systematic cultivation and overall development, nurture talents in each position and promote lifelong education.
Article 16 A long-term stable support system for cultivation of talents for fundamental research shall be established, and a support system for enhancement of talent capacity shall be improved. Qualified talents who carry out fundamental research, technical research, innovation and entrepreneurship, international exchanges, etc., can be subsidized with the government's fiscal funds.
Article 17 The overall plans regarding the industrial development and talent cultivation and development shall be made and the forecast of industrial talent demand shall be strengthened. The cultivation of talents in key industries, key areas and strategic emerging industries shall be accelerated, promoting the integration of talent engineering projects with industrial development.
Article 18 Pay attention to attracting high-quality educational resources at home and abroad to cooperate for the establishment of characteristic disciplines, colleges and institutions of higher education. A dynamic adjustment mechanism for the disciplines, types, and levels of higher education institutions, and an international, open and innovative higher education system shall be built.
The running system of higher education institutions shall be innovated. It is encouraged to participate in the establishment of institutions of higher education and support their development through capital contributions and donations from the society.
Article 19 The talent team construction for basic education shall be strengthened and the quality of basic education shall be improved. Innovative ability cultivation courses shall be designed for primary and secondary schools in Shenzhen Municipality to improve the comprehensive quality of students.
Article 20 Cooperation between vocational colleges, technical colleges and enterprises shall be enhanced in various ways, in order to promote the formation of a vocational education system where the enterprises and schools jointly cultivate technical and skilled talents, with both industry and education intertwined.
It is encouraged to independently or jointly establish vocational colleges through capital contribution, donation, etc. from the society, or provide internships, employments and other services for vocational college students. The related reasonable expenses incurred by the enterprises in connection with the incomes related to interns shall be deducted in accordance with the law when calculating the taxable income.
Article 21 Employers shall set up employee training system, and the funds for employee education and training shall be allocated in accordance with the law, which shall be used exclusively for the employees to participate in various types of training and continuing education. The use of funds shall be disclosed to the employees.
If the person participating in the training or the training institutions, or training platforms open to the public which are run by employers and social organizations are within the scope of the vocational training subsidy, it shall be subsidized by the government fiscal funds when certain requirements are met.
Article 22 Enterprises, government-sponsored units or other organizations which establish skill training platforms such as master studios and technician workstations, or technical-skilled persons who participate in technological transformation, skill competitions, skill exchanges and other activities, can be subsidized by government financial funds if certain requirements are met.
Article 23 The postdoctoral training system shall be improved. Institutions of higher education, scientific research institutes, enterprises and institutions are supported to apply to set up postdoctoral mobile stations, work stations and innovation and practice bases. Postdoctoral mobile stations, work stations, innovation and practice bases and postdoctoral researchers can be subsidized by government financial funds and a dynamic adjustment mechanism can be established to adapt to the economic and social development.
Article 24 Education institutions providing non-degree courses and vocational training institutions shall conduct non-degree courses and vocational training subject to registration with the education department and the human resources and social security department.
The education department and the human resources and social security department shall strengthen the supervision and management of education institutions providing non-degree courses and vocational training institutions and organize the formulation of relevant standards and guidance.
Article 25 Scientific research facilities and instruments such as engineering laboratories, key laboratories, engineering centers, and technical centers set up mainly with the government financial funds shall be open for sharing with relevant talents.
The scientific research facilities and instruments invested by enterprises and other market entities are encouraged to open to the public for sharing, and corresponding compensation and follow-up support mechanisms shall be established.
Chapter Three Talent Introduction and Flow
Article 26 The introduction of talent shall highlight the economic and social development needs, adhere to precise policy implement and targeted talent introduction, focus on flexible introduction and use of talent, break the restrictions of household registration, region, identity, educational background, personnel relations, etc., and promote the reasonable flow and effective allocation of talent resources.
Article 27 The Municipal People's Government shall formulate and implement medium and long-term introduction plans of talents and teams at home and abroad and make dynamic adjustment of the talent introduction policies according to the economic and social development.
Article 28 Qualified talents can directly apply for a residence permit or a household registration, and their spouse can voluntarily choose to directly apply for a residence permit or a household registration.
Article 29 The municipal human resources and social security department shall regularly publish a List of Talents in Short Supply according to the needs of the economic and social development in Shenzhen Municipality.
Talents in the List of Talents in Short Supply can enjoy relevant preferential policies in terms of household registration, living security, and innovation and entrepreneurship. The specific measures shall be formulated by the municipal human resources and social security department and other departments.
Article 30 The municipal comprehensive competent department of talent work and the human resources and social security department shall formulate measures to introduce outstanding talents from non-public economic organizations and social organizations to the Party organs, government organs and state-owned enterprises and institutions.
Guarantees for talents in difficult positions and the grassroots shall be improved, and the flow of talents shall be guided to the difficult positions and the grassroots.
Article 31 Institutions of higher education, research institutes and enterprises are encouraged to establish or jointly establish research and development institutions overseas to introduce and utilize outstanding overseas talents.
Article 32 Institutions of higher education, research institutes and other public government-sponsored units shall employ entrepreneurs, scientific research and technical skills personnel with innovative practical experience as part-time teachers or part-time researchers.
Scientific researchers of institutions of higher education and scientific research institutes can take advantage of their specialized expertise to work part-time in scientific and technological enterprises and receive remuneration according to regulations. The specific measures shall be formulated by the municipal comprehensive competent department of talent work in conjunction with relevant departments.
Article 33 The scientific researchers of institutions of higher education, scientific research institutes and other government-sponsored units, with the consents of their employers, may step down from their posts with the scientific research projects and achievements to start up their own businesses in Shenzhen Municipality. If the above persons return to their original employers within the prescribed time limit, their working years shall continue to be calculated, and they shall be employed for the posts of the corresponding grade in accordance with the principle of “not lower than the grade of the past post”, and in consideration with their personal conditions and the vacancy situation.
Article 34 Qualified talents employed by the employers in Shenzhen Municipality to engage in short-term teaching, scientific research, technical services, project cooperation, etc., when reaching the prescribed time, can enjoy the relevant talent policies treatment of Shenzhen Municipality during the employment period.
Article 35 The municipal human resources and social security department shall, in conjunction with relevant departments and relevant industry associations, issue the list of professionals with overseas professional qualifications who work in Shenzhen Municipality. Overseas professionals listed in the above list can work and provide relevant professional services in the Shenzhen Municipality.
Chapter Four Talent Evaluation
Article 36 Talent evaluation shall focus on the morality, ability, performance and contribution of talents, highlight the dominant position of employers and other market entities, give full play to the role of the government, market, professional organizations, industry associations and other evaluation bodies, and establish a scientific, socialized and market-oriented talent evaluation mechanism and an evaluation responsibility and credibility system.
Article 37 Human resources and social security department shall incorporate peer evaluation, market evaluation and social evaluation as the evaluation elements when formulating the talent determination standards.
If it is necessary to determine talents not covered by the existing talent determination standards, experts can be organized to carry out assessment and determination.
Article 38 The human resources and social security department may adopt the evaluation opinions of market entities such as venture capital institutions and human resources service institutions in talent determination, or authorize industry associations, enterprises, institutions of higher education and scientific research institutes to carry out talent identification.
Article 39 The human resources and social security department may set up a Talent Recommendation Committee composed of outstanding talents in the industry and management talents of leading enterprises to recommend outstanding talents, and confirm the outstanding talents recommended by the Talent Recommendation Committee.
Article 40 Industry associations and academic organizations with a strong representativeness and influence may undertake the assessment of professional and technical qualifications and professional qualifications for level evaluation. The human resources and social security department shall supervise and guide the assessment work.
Article 41 Skilled talents who have obtained senior workers or above vocational qualifications can apply to be assessed and determined as engineering technicians or above professional technical qualifications.
Talents with professional technical qualifications can apply to be assessed to be senior workers or above vocational qualifications.
Article 42 The human resources and social security department shall strengthen the construction of the expert database for the determination and evaluation of talents and establish an expert evaluation responsibility and credibility system.
Chapter Five Talent Incentives
Article 43 The talent incentives shall be based on reflecting the value of knowledge to stimulate and release the vitality of talents' innovation and entrepreneurship to the maximum extent, so as to enable talents to make full use of their abilities, develop their strengths and get their places, and shall encourage innovation and tolerate failures to fully respect and realize the value of talents.
Article 44 Securitization of intellectual property rights is encouraged. Investment and financing products of intellectual property rights shall be innovated. Enterprises shall be guided to a scientific accounting and management of intellectual property assets. Credit guarantee system of intellectual property rights shall be improved to better realize the value of intellectual property rights.
The construction of professional services institutions such as intellectual property agency, consultation institution, appraisal and evaluation institution shall be strengthened. The operation service agencies established by social capital investment, if qualified, can be subsidized by the government financial funds.
Article 45 A government-sponsored unit shall, in accordance with these Regulations on the performance-based wage system, independently formulate an internal distribution method for performance-based wages to motivate talents.
The municipal finance department shall, in conjunction with the municipal science and technology innovation department, improve the management system of indirect costs of scientific research projects, strengthen performance incentives, and reasonably compensate the indirect costs and performance expenditures of the project undertaking organizations.
Article 46 When a high-tech enterprise transforms scientific and technological achievements and give rewards to relevant scientific research personnel in the form of shares or other equity rights, the scientific research personnel may defer or postpone payment of personal income tax according to regulations.
State-owned enterprises shall provide incentives to the recognized talents engaging in scientific and technological research and development, and operation and management, and talents with high professional qualification by means of equity and dividends. The specific method and content shall be determined by the enterprises and the talents through consultation in accordance with the law.
Article 47 When the institutions of higher education, scientific research institutes and other government-sponsored units and state-owned enterprises transform their occupational scientific and technological achievements, they shall pay remuneration and reward to the personnel and teams who have made occupational scientific and technological achievements and important contributions to the transformation of such achievements. They shall, in accordance with the guidelines for the transformation of scientific and technological achievements issued by the municipal people's government, formulate the remuneration and reward system or agree with the scientific research personnel on rewards and remuneration. If there is no formulation or agreement, it shall be implemented in accordance with relevant government opinions.
The remuneration and reward system formulated by state-owned enterprises, government-sponsored units and other organizations in accordance with the provisions of the preceding paragraph shall be reported and submitted to the financial department or the superior property right organization for the record and shall be publicized within the organization.
Rewards and compensation expenses for the transformation of scientific and technological achievements of state-owned enterprises and government-sponsored units shall be included in the total wages of the organizations in the current year at one time and not be regarded as total wage base.
Article 48 Except for national defense, national security, national interests and major social and public interests, the rights to use, benefit and disposal the scientific and technological achievements produced from a research project funded by municipal and district financial funds shall be shared with the person in charge of the research project, his/ her team and the organization to which he or she belongs.
The proportion of indirect costs of research projects funded by municipal and district financial funds shall be increased, and performance incentives shall be enhanced. Performance expenditures shall not be limited in proportion to indirect expenses. Performance expenditures shall be included in the separate management of the incentive performance of an organization, and not included in the total amount of the base for performance salary control of an organization.
Article 49 A system of honors and rewards for talents shall be established. The Municipal and District People's Governments shall award honorary titles to and reward talents of all kinds who have made significant contributions.
Article 50 The "Talent Bo Le Award" shall be set, and the municipal people's government shall commend and reward the organizations and individuals who make contribution to the course of cultivation and introduction of talents into Shenzhen Municipality. The specific measures shall be formulated by the municipal people's government.
Chapter Six Talent Service and Guarantee
Article 51 A list of power and responsibility for talent management service shall be made to regulate administrative licensing and administrative charges in the recruitment, evaluation and flow of talents.
Article 52 The human resources service industry shall implement the registration and filing system and negative list management system. An institution that has obtained legal person status in accordance with the law shall apply to the human resources and social security department for registration and filing within 15 working days from the date of carrying out the human resources service business.
The human resources and social security department shall strengthen the supervision and management of the human resources market and organize the formulation of relevant standards and guidance.
Article 53 Specialization service institutions for talents shall be developed and restrictions on access to the talent service industry shall be loosen. Various specialized social organizations and talent intermediary service agencies shall be actively cultivated, and orderly undertake the functions of cultivation, evaluation, flow of, and incentives to talents transferred by the government.
Article 54 The municipal and district people's governments may establish talent special funds for the introduction, cultivation of, incentives to, services, and support for talents to innovate and entrepreneurships.
Social organizations, enterprises and individuals are encouraged to initiate the establishment of a talent development fund to provide financial support and guarantee for talent development.
Article 55 The municipal and district people's governments shall play the guiding role of government investment in guiding funds, attract social capital to participate, set up the talent innovation and entrepreneurship fund, and support domestic and overseas innovative and entrepreneurial talents to innovate and start businesses in Shenzhen Municipality through various means such as holding stock periodically.
Article 56 The municipal and district housing construction departments shall formulate the housing development plans for talents and guarantee the housing of talents through a combined method of leasing, as the main part, and sale and subsidies.
The policy system for the housing of talents shall be established and improved. The standards and conditions for the housing of talents shall be timely adjusted in accordance with the level of economic and social development and prices.
Article 57 The relevant departments of the municipal and district people's governments shall, in accordance with their respective duties, provide convenient services for talents' household registration, children's education, spouse employment, medical care, and foreigners' visas and residence in China, and implement relevant treatment.
Article 58 Foreign high-level talents who hold the Permanent Residence Permit for Foreigners and work in Shenzhen Municipality, their accompanying spouses and unmarried children under the age of 18 can enjoy Shenzhen citizen treatment in aspects of education, employment, social security, medical treatment and housing purchase.
Article 59 The municipal people's government shall construct a comprehensive talent service platform to provide efficient and convenient "one-stop" services for talents and employers.
The municipal human resources and social security department shall formulate a list of talent public services, and clearly define the types, nature, content and methods of talent public services.
Article 60 Enterprises and social capital investment in building a public service platform for talent innovation and entrepreneurship can be subsidized by the government's fiscal funds.
Article 61 A strict intellectual property protection system shall be implemented and improved with infringement prevention, early warning and response mechanisms shall be established. Punitive damages system shall be enhanced, and a fair competition environment that encourages talents to innovate and start businesses shall be provided.
The relevant departments of the municipal and district people's governments may provide necessary support and assistance for the qualified major intellectual property protection activities.
Article 62 A talent innovation and entrepreneurship rights protection assistance mechanism shall be established. If talents need relevant legal services or legal aid in their innovation and entrepreneurship, they can apply to legal aid agencies for arranging legal aid personnel to provide legal services or legal assistance. Specific measures shall be formulated by the municipal people's government.
Article 63 A talent public credit system shall be established, and the punishment mechanism for dishonest talents shall be improved. Talent credit shall be taken as an important reference for the introduction, evaluation, cultivation of, financial support, and preferential policies to talents. Specific measures shall be formulated by the municipal people's government.
The establishment of industry-based or inter-enterprise integrity alliances shall be encouraged and the formulation of credit codes of conduct by alliance members shall be supported.
Article 64 Where an employer or individual resorts to obtain preferential policies or supporting funds for talents from the government by trickery, the policy implementation department or the supporting funds review and approval department shall cancel its honors and awards and recover the funds it has obtained. Such employer or individual shall not participate in the selection of talent awards or enjoy preferential policies and financial assistance for talents in Shenzhen Municipality within five years. If a crime is constituted, they shall be held criminally liable in accordance with the law.
Article 65 If an administrative organ and its staff fails to perform relevant duties in accordance with the provisions of these Regulations, sanction shall be imposed on the major responsible personnel and other directly responsible personnel in accordance with relevant regulations. If a crime is constituted, they shall be held criminally liable in accordance with the law.
Chapter Seven Supplementary Provisions
Article 66 The Qianhai & Shekou Area of Shenzhen of the Free Trade Zone of China (Guangdong) Pilot Free Trade Zone shall carry out the pilot test of talent innovation policy and explore the establishment of a talent management institutional mechanism in line with international standards.
Article67 These Regulations are effective as of November 1, 2017.