Prioritizing Talent Development Is Enshrined in Law
The "Shenzhen Special Economic Zone Talent Work Act", which was closely watched by the community, was recently reviewed and approved by the Standing Committee of the People's Congress of Shenzhen Municipality. The full text was published today and will come into effect on November 1, ensuring that prioritizing talent development in the special administrative region will be enshrined in law.
Talent legislation: The Work of Developing Talent Gets Some "Timely Assistance"
Before the "Act" was promulgated, the only legislation Shenzhen had regarding talent attraction and development was the "Shenzhen Special Economic Zone Talent Market Act", which was mainly aimed at the turnover of talent in the human resources market. However this is only one aspect of the work of developing talent.
For a long period of time, Shenzhen’s system for developing talent was mainly a few talent policies that were fragmented and ineffective. It lacked comprehensive, effective and localized laws and regulations that could offer guidance for the work of talent attraction and development.
The special feature of the “Act” is that it offers protection, decentralization, incentives and breaking down of walls.
Protection: Implementation of a Strict Intellectual Property Protection System
As a city of innovation, Shenzhen has attracted Huawei, Tencent, ZTE and a large number of other innovative enterprises to set up operations in the city and has boasted the highest number of PCT international patent applications in the country for 13 consecutive years. It is a model city for intellectual property protection in China.
Protection of intellectual property is also an issue of particular concern for talent development in innovative and start-up businesses, and the “Act” provides a robust response to this issue. It clearly implements a system that strictly protects intellectual property rights, establishes and improves infringement prevention, provides an early warning and response mechanism, improves the punitive damages system, and creates a fair competitive environment for innovation and entrepreneurship. The relevant municipal and district departments of the people's government shall provide the necessary support and assistance to the major intellectual property protection activities carried out in line with the “Act.”
Decentralization: The Dual Administrative Work Permits for Employees Have Been Abolished
The "Act" boosts administrative streamlining and increases the intensity of decentralization, while breaking down the relevant national and provincial provisions. It also reforms the current two administrative licensing systems involved in the work of attracting and developing talent.
Firstly, the abolition of administrative permits required for the establishment of non-academic education institutions and vocational training institutions, and replacement with a registration system. This will reduce the restrictions on the establishment of institutions and industry development posed by the administrative permits, and establish a mechanism to facilitate development of non-academic education and vocational training institutions recognized by the market and the community.
Second, the abolition of a human resources services administrative permit and replacement with a registration system. It is understood that human resources services are playing an increasingly important role in the work of attracting and development talent, so by eliminating the administrative permit system, we can reduce the entry threshold and simplify procedures, so as to accelerate the development of the city's human resources market.
Incentives: The City Government Will Issue Guidelines for the Conversion of Scientific and Technological Achievements into Rewards
Another special feature of the "Act" is to further ensure the incentives for talent and pay greater attention to increasing the material and spiritual incentives for both employer and employee so as to fully reflect the value of talented individuals, stimulate talent vitality, and create a social atmosphere in which talented workers are respected.
The "Act" clarifies how the achievements of scientific research personnel will be converted into rewards and remuneration. The "Act" specifies the rules that state the municipal government shall issue guidelines on how scientific and technological achievements are converted into rewards. Companies in accordance with the guidelines will develop their reward and remuneration system or agree with their scientific and technical personnel on the rewards and remuneration, in order to achieve better protection and encouragement of scientific research personnel. At the same time, the "Act" stipulates that an agreement can be made so that the leader of the research project, their team and all other units involved share the right to use, the right to earn income and the right of disposition for the scientific and technological achievements produced by research projects funded by the municipal and district authorities. This excludes projects that involve national defense, national security, national interests and major social and public interest.
Breaking Down the "Walls": Scientific Research Personnel in the City Who Leave Their Positions to Start a Business Can Continue to Calculate Their Length of Service
The "Act" stipulates that municipal talent management departments should develop policies and measures to attract talent from non-public economic organizations and social organizations to join the party and government organs, state-owned enterprises and institutions.
To promote the two-way flow of scientific research personnel, the "Act" stipulates that institutions of higher learning, research institutes and other institutions can employ entrepreneurs, researcher and technicians with practical entrepreneurial experience as part-time teachers and part-time researchers. Scientific research personnel at institutions of higher learning and scientific research institutes can use their expertise at science and technology enterprises in part-time positions and receive remuneration based on the regulations.
The evaluation channels of professional qualifications and specialized technical qualifications have also been opened up. The “Act" specifies that technical personnel can obtain more advanced professional qualifications by applying for assessment for professional and technical qualifications as an engineering technician or above.
There will be no threshold for applying for a registered permanent residence or a residence permit in Shenzhen. The "Act" stipulates that qualified personnel can apply directly for a residence permit or transfer the registered residence from the hometown to Shenzhen and the spouse can voluntarily choose to apply directly for a residence permit or a registered permanent residence. This means that the city will cancel the age restrictions on the spouses of high-level talent and their spouses when applying for a registered permanent residence, and even if high-level talent selects not to apply for a registered permanent residence, the spouse can still apply for it.