Regulations for Administration of Investment Plans Inside a Science Park
1.中華民國九十二年六月九日行政院國家科學委員會台會規字第 0920028 130-3 號令訂定發布全文 7 條;並自發布日施行 2.中華民國九十五年二月九日行政院國家科學委員會臺會規字第 0950005 904-1 號令修正發布名稱及全文 7 條;並自發布日施行 (原名稱:科學工業園區園區事業投資計畫管理辦法;新名稱:園區事 業投資計畫管理辦法) 3.中華民國九十八年四月十日行政院國家科學委員會臺會協字第 0980025 537A 號令修正發布第 2、7 條條文;修正之第 2 條自九十八年四月 十三日施行 4.中華民國一百零四年十二月一日科技部科部產字第 1040084664A 號令 修正發布第 5 條條文 5.中華民國一百零七年十二月六日科技部部授竹投字第 1070035760A 號 令修正發布全文 7 條;並自發布日施行
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The Regulations are adopted pursuant to Article 11, Paragraph 4 of the “Act for Establishment and Administration of Science Parks” (hereinafter referred to as the Act).
1Park enterprises approved for making investment inside the Science Park shall, within two months of approval, submit a guarantee bond of 3%0 of the total approved capital in cash or government bond to the Science Park Bureau and move in the Science Park (hereinafter referred to as the Park) and proceed with the Bureau for company, branch office or limited partnership registration within six months of the approval.
2Failure to comply with the foregoing requirements by the deadline shall result in revocation of the investment by the Bureau. For those who did not rent land or factory, the Bureau will refund the originally posted investment guarantee bond. However, application for investment extension may be granted with proper causes.
3The park enterprises with the company, branch office or limited partnership registration for less than a year that need further expansion due to business demands shall post a bond of 3%0 of the total approved capital increase as does the original investment, except park enterprises reviewed as investment completion by the Bureau.
1Once the investment plan is completed, the park enterprises may apply with the Bureau for refund of the investment guarantee bond.
2Upon receipt of the application, the Bureau shall organize an evaluation team to make an on-site evaluation that includes:
31.Status of paid-in capital: The amount of paid-in capital required to complete the investment; and if the status of operation, profit/ loss and the debt ratio are satisfactory.
42. Product or service items: Product or service items meet the original approved range and if the originally planned major products or services have been developed and merchandised.
53. Hi-tech personnel: The high-tech personnel ratio should meet the original investment plan.
64. R&D: Whether the R&D plan has been fully implemented.
75. Safety, hygiene, and working condition: That must meet the requirements as prescribed in related laws and acts concerning safety, hygiene and working condition.
86. Environmental protection: Generated waste water, waste gas, waste, and noise vibration, use of toxic chemical substances and recovery rate of water used shall all meet with the established requirements and the environmental impact assessment as well.
Deadline for completion of investment plan inside the park shall be three years, as of the very next day following company, branch office, or limited partnership registration. Prior to the expiry, application for extension may be filed on condition that it shall not exceed six years, being the maximum. With proper cause, however, the Bureau may notify the park enterprises for correction in a given time limit and, subject to approval by the Bureau, another three-year extension may be granted to the extent that the total time of completion shall not exceed nine years.
1Once the investment plan is being carried out, operation of park enterprises shall operate by the plan; any extension or change shall be subject to approval by the Bureau.
2The Bureau may send inspectors to check the park enterprises whether operation has been carried out by the mentioned investment plan. Any non-compliance found shall be notified for correction within a given time limit by the Bureau.
3Within two months from the very next day upon receipt of the notice for improvement, the park enterprises shall file the improvement plan with the Bureau, which in turn may retain experts specialized in technology, finance, and marketing to review the improvement plan.
4In case the review results reckoned that the improvement plan infeasible, the Bureau may set a one-month deadline requiring the concerned park enterprises to revise said improvement plan. Should the revised improvement plan fail to pass the re-review that deems it again infeasible, or the concerned park business fail to file the revised improvement plan by the deadline, or fail to pragmatically execute according to the improvement plan, the Bureau may bring up the case to the Science Park Council for permission to revoke the approval for investment.
After the revocation of the investment plan, the Park enterprises shall, within two months, move away from the Park and, according to the Company Act and Limited Partnership Act, proceed with the formalities for relocation of company, branch office or limited partnership registration or cancellation of company, branch office or limited partnership registration. The machines, equipment, raw materials, supplies, fuels, goods-in-process, samples, and finished goods for trading purposes originally imported or purchased duty-free from import duties, commodity tax and business tax outside the bonded area shall, in accordance with related articles of the Act, should be subject to payment for import duties, commodity tax and business tax at the moment when Park enterprises move away from the Park to an area outside the bonded area.
1The Regulations shall become effective as of the date of its promulgation.
2(In case of disputes over the interpretation of the Regulations, the original Chinese text shall prevail.)
97. All other matters subject to evaluation according to features of business determined by the Bureau.
10The subparagraph 2 of the preceding paragraph about the evaluation of product or service shall be stipulated unless it is specified in the investment plan approval due to the industry features.