Turkey Technology Development Zones Act No. 4691 in English

Turkey Technology Development Zones Law No. 4691

Table of Contents

This article will provide English translation for Turkey Technology Development Zones Law No. 4691.

The translation is made by Turkpidya from the original Turkish official gazette, and it’s not an official translation.

Turkey Technology Development Zones Act No. 4691 in English

Purpose, Scope, Basis, Definitions and Abbreviations

Aim

ARTICLE 1 – (1) The purpose of this Regulation; to regulate the establishment, operation, management and supervision of technology development zones and the duties, authorities and responsibilities of the persons and institutions related to them and other procedures and principles regarding the implementation of the Technology Development Zones Law No. 4691 dated 26/6/2001 .

Scope

ARTICLE 2 – (1) This Regulation; It covers the establishment, operation, management and supervision of technology development zones and the duties, authorities and responsibilities of the persons and institutions related to them and other procedures and principles regarding the implementation of the Technology Development Zones Law No. 4691.

(2) In the activities in the regions covered by the Law No. 4691 on Technology Development Zones; Public Financial Management and Control Law No. 5018 dated 10/12/2003 , Law on Court of Accounts No. 6085 dated 3/12/2010, State Tender Law No. 2886 dated 8/9/1983 and No. 4734 dated 4/1/2002 The provisions of the Public Procurement Law are not applicable.

Rest

ARTICLE 3 – (1) This Regulation is governed by Articles 4, 5, 8, 9 and temporary 2 of the Law No. 4691 and Article 27 of the Decree-Law on the Organization and Duties of the Ministry of Science, Industry and Technology dated 3/6/2011 and numbered 635. prepared in accordance with

Definitions and abbreviations

ARTICLE 4 – (1) In this Regulation;

a) Research and development (R& D ): Creative studies carried out on a systematic basis to increase the knowledge of research and development, culture, human and society knowledge and to use this to design new processes, systems and applications, including software,

b) Researcher: Experts with at least a bachelor’s degree who are involved in the design or creation of new information, products, processes, methods and systems, and the management of related projects, in projects within the scope of R& D activities and innovation definition,

c) Production activities based on R& D : The original process, service, method, production technique, useful tools, materials, software, products and systems that emerge as a result of the R& D activities carried out by the entrepreneurs operating in the Region are located in the Region. the activities of making commercial products and producing them in the field production units,

ç) R& D centers or institutes: The places where R& D activities are carried out for the development of technology and products, which are owned by the public, have qualified manpower and machinery, hardware and software based on the modern technologies of the day ,

d) R& D personnel: Researchers, software developers and technicians directly involved in R& D activities,

e) Ministry: The Ministry of Science, Industry and Technology,

f) Application file: The file containing the necessary information and documents within the scope of this Regulation regarding the request for the establishment of the Zone, the addition of an additional area to the Zone or the change of the Zone boundary or the cancellation of the Zone area,

g) Region: Technology development region,

ğ) Zone area: Each detached area of ​​the Zone on the land, the boundaries of which are determined by coordinate values,

h) Zone operating directive: The directive prepared by the managing company, which includes the procedures and principles regarding the services to be provided to the entrepreneurs to be located in the Zone and the activities and practices to be carried out in the Zone,

ı) Support: Out of the expenses related to the infrastructure, administration building and incubation center construction required for the regions, incubation programs carried out or to be carried out by the managing company to support R& D and innovation activities, technology transfer office services and technology cooperation programs, the portion that cannot be met by the managing company is transferred to the Ministry budget. the appropriation,

i) Support personnel: Managers, technical staff, laboratory assistants, secretaries, workers and similar personnel who participate in R& D activities or are directly related to these activities,

j) General Directorate: Ministry General Directorate of Science and Technology,

k) Entrepreneur: Real and legal persons who want or benefit from the services and opportunities in the region,

l) Administrative building: The structure that includes the offices, technical and social departments to be used by the personnel to be employed by the management company in order to carry out the services to be provided in the Region, where the incubation center and technology transfer offices, as well as the entrepreneurs if needed, can take place,

m) Law: Technology Development Zones Law No. 4691,

n) KOSGEB: Small and Medium Enterprises Development and Support Administration,

o) Incubation center ( incubator ): In order to develop especially young and new businesses; Structures where office services, equipment support, management support, access to financial resources, critical business and technical support services are provided under one roof to entrepreneurial companies ,

ö) Founding committee: Consisting of at least one university or high technology institute or public R& Dcenter or institute and representatives of other institutions and organizations in the province where the Region is located, with the establishment of the Region before the relevant institutions and organizations in the process until the establishment of the Region management company. the committee responsible for all related works and transactions,

p) Technology development zone: A technological invention, a commercial product, method, where companies using high/advanced technology or oriented towards new technologies produce/develop technology or software by making use of the facilities of a certain university or high technology institute or R& D center or institute . or in or near the same university, high technology institute or R& D center or institute, where they operate to transform them into services and thus contribute to the development of the region; the site where the academic, economic and social structure is integrated, or the technopark or technocity with these features ,

r) Technician: Persons who have received higher education in the field of engineering, science and health sciences, or those who have graduated from technical, science and health departments of vocational high schools or vocational schools, and have technical knowledge and experience,

s) Technology transfer office (TTO): Information, coordination, directing research, encouraging the creation of new R& D companies between technology developer R& D institutions and organizations and technology user industrial companies or other technology or R& D institutions and organizations, The structure that operates in developing cooperation, protecting, marketing and selling intellectual property rights, managing the revenues obtained from the sale of intellectual property,

ş) Technological product: A product with high added value and competitiveness, which is produced by qualified workforce using scientific knowledge and technological research in order to meet social needs and raise the standard of living, which differs significantly from the existing one,

t) TOBB: The Union of Chambers and Commodity Exchanges of Turkey,

u) TÜBİTAK: Scientific and Technological Research Council of Turkey,

ü) University: Universities that have completed their structuring in engineering and basic sciences in terms of manpower and technical equipment and are approved by the Council of Higher Education to have sufficient research staff at the level of doctoral students,

v) Production units: Production units that are established or used by real or legal persons operating in the Region in accordance with the purpose of the Law, based on new and high technologies and do not harm the environment,

y) Innovation in the product: Technologically new product is a product that shows essential and technological differences in terms of its material, parts and functions when compared to the previous product generation,

z) Innovation in production methods: The method used in the production of new or improved products that cannot be produced in traditional production facilities, or in the production of products that are still being produced with new techniques,

aa ) Feasibility report: The report prepared in accordance with the Technology Development Zone Feasibility Report Preparation Principles included in the annex of this Regulation,

bb ) Software: Designing, in a certain systematic, the set of commands or programs that enable a computer, communication device or other device based on information technology to operate and perform the necessary operations regarding the data given to it, and documents including their code list, operating and user manuals, All of the products and services in the form of development and all forms of delivery such as licensing, leasing and transfer with all rights of these products or goods and services,

cc ) Software personnel: Qualified personnel who work in the process defined as software, develop and produce programs, and have sufficient experience or training in their field,

çç ) Innovation: Being able to meet social and economic needs, be successfully introduced to existing markets or create new markets; the processes and the results of the processes created with the idea of ​​a new product or product, service, application, method or business model,

dd ) YÖK: Higher Education Council,

ee ) Managing company: The company that is established as a joint stock company in accordance with the law and is responsible for the management and operation of the Zone,

means .

SECOND PART

Establishment, Operation, Activities to Take Place in the Zone

Related Procedures and Principles

Establishment of the founding committee

ARTICLE 5 – (1) Representatives of at least one university or high technology institute or public R& Dcenter or institute in the province where the Zone is located, and those who want to participate from the institutions and organizations specified in Article 14, who come together to establish a Zone, with their representatives. They form the founding committee with a protocol.   

Location selection

ARTICLE 6 – (1) Site selection for the Zone area to be used for the purpose of the law is made by the founding committee or the managing company.

(2) It is required to have at least one university or high technology institute or public R& D center or institute within the borders of the province where the site selection for the region area is made.

(3) Founding committee or Regional management company; The proximity of the Region area to be selected to the university or high technology institute or public R& D center or institute within the founding committee or the managing company partnership, or to be within or near the lands of these institutions or organizations, as well as the qualifications of the industrialists and entrepreneurs in the region where it is located, The manpower potential, the geological situation of the region, its social and technical infrastructure, its compliance with the objectives of the country development plans, and the content of the approved spatial strategy plans and environmental plan, if any, the ownership and cadastral status of the selected land, the development road, the cadastralIt takes into account its frontage to a road or connection access road, ease of allocation and purchase, current land use status, and which transportation axes the land is located on and/or near.

(4)   Areas covered by the Coastal Law, water protection areas, geologically objectionable areas, mining areas, agricultural areas, pasture areas, forest areas, national parks, wet areas, nature parks, nature protection areas, nature monuments, wildlife protection areas, wild life improvement areas, monumental trees, 1/7/2003Sample hunting grounds, sensitive marine areas, protected areas, cultural and tourism protection and development zones and tourism centers, military forbidden zones and security zones, special environmental protection zones and areas where energy production facilities are located, registered under the Land Hunting Law No. Other similar areas whose use is restricted in accordance with the legislation and cannot be selected as a Zone or used for this purpose cannot be selected as a Zone area. However, those who are allowed to be selected as a Region in accordance with the relevant legislation in line with the relevant legislation, may be selected as a Region area. Regarding the selected Region area,

(5) Highways, railways, ports, airports, residential centers, university or high technology institute or public R& D center or institute areas, existing or under construction industrial zones, provincial borders, municipality and adjacent area border, solid waste storage An appropriate scale thematic map, which includes areas of strategic importance for the Region and its surroundings, and other technology development zones, if any, within the borders of the province, is prepared together with an explanatory summary report under the responsibility of the survey engineer or city planner. In addition, the 1/25.000 scaled standard topographic map with the Zone area marked is also added. Covering the Region area, if any; spatially certified by the relevant administrationsStrategy plan, environmental plan, 1/5000 scaled zoning plan and plan decisions, 1/1000 or smaller scaled maps, air obstacle plans and geological survey report or ground survey report approved by the relevant institution that determines the natural hazard and earthquake situation are also attached. The absence of these documents shall be separately documented by the relevant institutions.

(6) Signed by the founding committee or the representative of the managing company, in the A4 norm, in which the boundaries of the Zone area and corner points are engraved, and the coordinate values, area amount, scale, north sign and Zone name and province, district and town/town/village information are specified. The appropriate scaled map is prepared under the responsibility of the survey engineer. If the application for the Region is approved by the Evaluation Board, this map is submitted to the Council of Ministers together with the decision of the Evaluation Board in order to finalize the boundaries of the Region area.

Research and development, industry potential and financial adequacy

ARTICLE 7 – (1) The condition of having sufficient R& D and industrial potential and financial adequacy in the region where the region is planned to be established is sought.

(2) To be held in the region; Information on the financing plan to be provided by the Zone founders for the realization of the administrative building, incubation center and infrastructure construction, and incubation programs, technology transfer office services and technology cooperation programs carried out or to be carried out by the managing company to support R& D and innovation activities are specified in the feasibility report. The cash capital amount specified in the feasibility report cannot be less than twice the capital required in the Turkish Commercial Code No. 6102 dated 13/1/2011 .

(3) The Evaluation Board decides on the adequacy of the existing R& D and industrial potential in the region and the financial structure required for the establishment and operation of the Region, in line with the information given in the feasibility report attached to this Regulation.

District applications

ARTICLE 8 – (1) The founding committee makes its application regarding the establishment of the Zone, and if it is the Zone manager company, regarding the addition of an additional area to the Zone, the change of the Zone boundary or the cancellation of the Zone area, together with the 8 team application files it will prepare, to the General Directorate.

(2) The information and documents required to be included in the application file are listed below.

a) For the regional establishment;

1) Application letter,

2) Founding committee protocol,

3) Land registry information and certified property map or map of the selected place,

4) Letter of consent to be obtained from the owner of the selected land,

5) Documents required in the fourth, fifth and sixth paragraphs of Article 6 ,

6) Opinion to be received from the relevant institution that has the authority to approve the plan on the selected area, as to whether there is any inconvenience in terms of the plan integrity,

7) Feasibility report.

b) For the expansion of the Zone area or the addition of an additional area to the Zone;

1) Application letter,

2) The decision of the executive company board of directors regarding the application,

3) Land registry information and certified property map or map of the selected place,

4) Letter of consent to be obtained from the owner of the selected land,

5) Documents required in the fourth, fifth and sixth paragraphs of Article 6 ,

6) Opinion to be received from the relevant institution that has the authority to approve the plan on the selected area, as to whether there is any inconvenience in terms of the plan integrity,

7) The data of the feasibility report in the annex of this Regulation under the heading “Information on the selection of the region area”. However, if the additional area added to the Zone is located within the borders of different provinces, the feasibility report for that province is prepared again.

c) For the narrowing of the Zone area or the cancellation of the Zone area;

1) Application letter,

2) The decision of the executive company board of directors regarding the application,

3) Land registry information and certified property sheet or map of the area removed from the Zone and the remaining area or the area that is requested to be canceled as a Zone area,

4) A letter of consent to be obtained from the owner of the place that has been removed from the Zone or that is requested to be canceled as a Zone area,

5) Documents required in the sixth paragraph of Article 6

(3) Suggestion Zone area borders are marked on the cadastral – property sheet or map, zoning plan, currentmap and similar bases in the application file regarding the establishment of the Zone, the addition of an additional area to the Zone, the change of the Zone boundary or the cancellation of the Zone area.

(4) The regional application file is examined by the General Directorate within fifteen days in terms of whether it is complete or not . In case of deficiencies in the application file, the deficiencies are notified to the applicant. If the application file is complete, it is evaluated by the Evaluation Board within two months. The regional establishment application file is submitted to the evaluation of the members of the Evaluation Board at the latest fifteen days before the meeting date by the General Directorate.

Composition of the Evaluation Board

ARTICLE 9 – (1) The Evaluation Board consists of the head of department or a higher level principal and a substitute representative who will evaluate the application file regarding the Region in terms of the provisions of the Law and this Regulation and the issues concerning the institution they represent. In case the principal member cannot attend the meeting, the substitute member attends the meeting. In the event that both permanent and alternate members cannot attend the meeting, the relevant institution and organization are informed by the Ministry in order to ensure that their membership status is reviewed.

(2) Evaluation Board;

a) Ministry,

b) Ministry of Finance,

c) Ministry of Environment and Urbanization,

ç) Ministry of Development,

d) YÖK,

e) TUBITAK,

f) TOBB,

g) A private institution operating on technology to be determined by the Ministry,

It consists of representatives from eight institutions or organizations.

Working principles and procedures of the Evaluation Board

ARTICLE 10 – (1) The working procedures and principles of the Evaluation Board are set out below.

a) The Evaluation Board convenes under the chairmanship of the Ministry General Director of Science and Technology with the participation of at least six members.

b) Secretariat works of the Board are carried out by the General Directorate.

c)   In case of need, the Board convenes upon the written invitation of the General Directorate or at least three members of the Evaluation Board on the same subject, without making an application, and can take a decision regarding the Region within the scope of the Law and this Regulation.

ç) The members of the Board examine the application file within the framework of the provisions of the Law and this Regulation in terms of issues concerning the institution and organization they represent, and;

1) The suitability of the selected place in terms of development plans, approved spatial strategy plans, if any, environmental plan and other site selection criteria ,

2) R& D , academic and industrial potential presence and financial adequacy in the region,

3) The adequacy of the university or high technology institute or public R& D center or institute that cooperates in the regional establishment,

4) Compliance of the technological areas in which the Zone to be established will operate with the purpose of the Law,

5) Whether the production, market and sector expectations in the region are at a level that will have a positive impact on the activity dynamism of the Region,

6) Whether it will be possible to produce and develop new and advanced technology in the Region to be established,

7) Possible contributions of the Region to be established to the economic, technological, social and cultural development of the country and region,

8) The possible contributions of the institutions and organizations to be cooperated to the formation and success of the Region,

9) The adequacy of the financial structures of the founders of the Zone and the financial support they will receive in the establishment and operation of the Zone,

10)   The adequacy of the justifications for the request for adding an additional area to the zone, changing the zone border or canceling the zone area,

and attend the meeting with the preliminary evaluation report containing their views on the District application file.

d) When deemed necessary, the members of the Board may also receive written or verbal opinions from relevant public institutions and organizations, local administrations, professional chambers and real and legal persons, invite the applicant for an interview or conduct an on-site inspection.

e) The decision of the Evaluation Board regarding the approval of the regional application is taken with the same votes of at least six members attending the meeting.

f) The decision of the Evaluation Board regarding the applications and its annexes are prepared by the secretariat and submitted for the signature of the Evaluation Board members.

g) If the application is not approved by the Evaluation Committee, the relevant founding committee or the managing company is notified in writing by the secretariat , together with the reason for the decision of the Evaluation Committee regarding the Region .

Region announcement

ARTICLE 11 – (1) If the regional application is approved by the Evaluation Board, the relevant Board decision and its annexes are submitted to the Council of Ministers by the Ministry. Finalized by the decision of the Council of Ministers; The establishment of the Zone, the addition of an additional area to the Zone, the change of the Zone boundary or the cancellation of the Zone area shall enter into force by being published in the Official Gazette.

(2) The decision of the Council of Ministers regarding the borders of the Zone area or the cancellation of the Zone area, which came into force by being published in the Official Gazette, is sent to the Ministry of Environment and Urbanization and other relevant institutions and organizations to be processed in the current plan or to be taken into account in the plan change.

Establishment of the managing company and the articles of association

ARTICLE 12 – (1) The establishment of a managing company is carried out after the Regional establishment decision is published in the Official Gazette and notified to the founding committee. However, the founding committee sends the company’s articles of association to the General Directorate to be examined in terms of compliance with the Law and this Regulation before the establishment of the managing company. In cases where it deems necessary, the General Directorate requests a change in the articles of association of the manager company in terms of compliance with the purpose of the Law.

(2) If the formation of a joint stock company is realized before the announcement of the Region, the company sends the articles of association to the General Directorate for examination, after the announcement of the Region so that it can start operations with the status of a manager company. As a result of the examination carried out by the General Directorate, amendments to the articles of association are requested if necessary in line with the purpose of the Law.

(3) After the publication of the Articles of Association of the managing company in the Turkish Trade Registry Gazette, the opinion of the General Directorate shall be sought for the amendments to be made on its purpose and subject in terms of compliance with the Law and this Regulation. The General Management is informed about the changes made in the shareholding structure of the managing company.

(4) Following the publication of the Articles of Association in the Turkish Trade Registry Gazette, a copy is sent to the General Directorate.

(5) Management company establishment transactions are concluded within one year following the publication of the Regional establishment decision in the Official Gazette. If these procedures are not completed within this period, the founding committee applies to the General Directorate for an extension of time. If deemed appropriate, the General Directorate may grant an additional period of six months at most, for once. In the event that the establishment of the managing company is not registered in the Trade Registry within this additional period, the decision of the Council of Ministers regarding the announcement of the Region shall be annulled together with its provisions and results. This situation is reported to the Ministry of Environment and Urbanization and other relevant institutions and organizations.

Appointment of the managing company general manager

ARTICLE 13 – (1) Those who will be appointed to the general directorate of the regional manager company, must have at least a bachelor’s degree from a university.

(2) Information is given to the General Directorate within the scope of this article regarding the appointed executive company general manager.

(3) If the establishment of a joint stock company and the appointment of the company’s general manager are realized before the announcement of the Zone, the status of the general manager is re-evaluated by the managing company’s board of directors within the scope of the provision of this article and the result is reported to the General Directorate.

(4) Training programs may or may be carried out by the Ministry, if necessary, for the general managers or other personnel of the regional management company in order to ensure the management and operation of the Zone in accordance with the Law and this Regulation.

Executive company founders

ARTICLE 14 – (1) Among the founders of the managing company, it is required to have at least one university or high technology institute or public R& D center or institute located in the province of the Region.

(2) In addition to the managing company;

a) Chambers and commodity exchanges affiliated to the Union of Chambers and Commodity Exchanges of Turkey,

b) Chambers, unions and federations affiliated to the Confederation of Turkish Tradesmen and Craftsmen,

c) Local governments,

ç) Banks and financial institutions,

d) Domestic and foreign private legal entities,

e) Foundations, cooperatives and associations related to R& D and technology development,

f) Relevant public institutions,

g) Exporters’ associations

may be a founder or a later partner.

(3) Local governments may become partners in the managing company based on their own parliamentary decision, without the need for any further action.

(4) Foreign private legal entities may participate in the managing company, provided that they obtain the necessary permissions within the framework of the Foreign Direct Investment Law No. 4875 dated 5/6/2003 and the provisions of the relevant legislation.

(5) From the managing company partners; universities, high technology institutes or public R& D centers or institutes may pay the capital share they have committed to the managing company from the revolving fund revenues.

Roles and responsibilities of the managing company

ARTICLE 15 – (1) The managing company, in order to realize the purpose of the Law;

a) Planning and projecting of the region, carrying out the necessary infrastructure and superstructure services,

b) In the planning process, taking into account the environmental plans, if any, zoning plans and changes, subdivision plans and amendments are made in accordance with the provisions   of the Law and this Regulation and submitted to the Ministry for approval,

c) Submitting the implementation projects prepared or made to be prepared in accordance with the provisions of the Zoning Law No. 3194 dated 3/5/1985 , with the technical responsibility of the project author and technical responsibility to be determined by the managing company, to the Ministry for approval

ç) According to the implementation development plan approved by the Ministry and entered into force; obtaining licenses and permits related to land use, design, construction and use of structures and facilities,

d) Submitting to the General Directorate the general deadline plan covering the period from the establishment of the zone to its putting into service, as well as the work program regarding the use of the appropriation, if it has requested an appropriation,

e) To take necessary actions in accordance with the Law on Building Inspection dated 29/6/2001 and numbered 4708 and the provisions of the relevant regulation,

f) Waste water, waste water infrastructure facilities, solid waste, soil pollution, noise and air pollution, hazardous medical waste, radioactive substance and hazardous chemicals management, fire protection and fire fighting, preparation and coordination of emergency plans, evacuation,   first Working in coordination with relevant institutions and organizations on issues including aid and emergency medical intervention and natural disasters, and taking necessary measures within the framework of relevant legislation,

g) Making all building insurances against fire and natural disasters in the region,

ğ) Providing and uninterruptedly providing cleaning, electricity, drinking and utility water, natural gas, fuel oil, heating and ventilation, distribution networks, sewerage, waste water, intra-regional roads, voice and data communication, internet services and other services required for the region. taking the necessary measures to ensure the continuation of the work, determining the working principles, making and applying the pricing and calculations, providing all kinds of maintenance and repair services, identifying those who damage the infrastructure and superstructure and ensuring the compensation of the damages, Meeting the economic, social and cultural needs of all people, such as eating, drinking, entertainment, resting, prayer and shelter, as much as possible ,

h) Region; If it is within the territory of the university or organized industrial zone, it is aimed to make use of firefighting vehicles and equipment within the university or organized industrial zone, to ensure that sufficient number of firefighting vehicles and equipment are available if it is outside the university or organized industrial zone, or to cooperate with the closest relevant institutions and organizations to the Zone area. taking the necessary precautions,

ı) Evaluating the requests of institutions, organizations, local or foreign legal or real persons who want to take place in order to provide services in the Zone and allocating a place to those found suitable in accordance with the Zone operating directive,

i) Each R& D project to be carried out exclusively in the Region by the entrepreneurs who want to take part in R& D activities in the Region,  to the Project Evaluation Commission of at least three members who are not related to the project, of which at least two members are academic staff and one member is a lecturer or industry expert, to be determined by the managing company; be able to develop high/advanced technological products with commercialization potential, import substitution or export potential, develop innovations in products and production methods, increase product quality or standard, increase productivity, reduce production costs, an R& D program that can produce knowledge and realize an effective university-industry cooperation.It is examined in terms of whether it is a project, documenting the result of the examination, archiving the documents, projects supported within the scope of other public and international R& D support programs are not subject to re-examination and approval unless a contrary application is stipulated in the Regional operating directive, R& D activities in another Region Obtaining the information and documents related to the R& D  project of the entrepreneur company that performs the transfer and requests the transfer, and re-examined it in terms of the R& D project and process within the scope of this paragraph, the examination was completed and the R& DEntrepreneurs who want to take place in the Region whose project is deemed appropriate, allocation of space in the Region within the scope of this clause in line with the operating directive of the Region manager company, Evaluation of each new R& D project to be started in the Region by the entrepreneurs who have previously been allocated a place in the Region, within the scope of this clause, Operating the regional manager company In line with the directive, the renewal of the land allocation to the entrepreneurs, the extension of the project period within the scope of this paragraph, the arrangement of the lease agreements over the rental price to be determined by the Ministry, taking into account the duration of the R& D projects in Turkish Lira in the currency, and the fact that the entrepreneurs may be exported from the Region within the scope of this Regulation,

j) Allocating space to enterprises that want to produce within the scope of Article 8 of the Law, in accordance with the Law, this Regulation and the Regional operating directive,

k) Allocating a discounted place to the incubators, up to a maximum of 36 months, based on the duration of the R& D project, provided that the unit square meter rental fees applied in the Region are not more than 25 percent for those who have publicly supported R& D projects and 50 percent for others , While allocating space, taking care to create office areas that are completely or partially separated from other companies,

l) The management and operation of the Zone, the evaluation of each new R&D project to be carried out by the entrepreneurs in the Zone, the evaluation of each new R& D project to be carried out by the entrepreneurs in the Zone, the allocation of space to those deemed appropriate, the implementation of Article 8 of the Law allowing the production of technological products, the arrangement of lease contracts in accordance with this Regulation , R& DPreparation of the Regional Operations Directive, which includes the procedures and principles regarding all activities and practices to be carried out in the Zone, such as the approval process of the time to be spent outside the Zone, monitoring of projects, entrepreneurs and personnel whose wages will be exempt from income tax, and removal of entrepreneurs from the Zone, in accordance with the Law and this Regulation, and a copy of it by the manager. Sending the company establishment to the General Directorate within a maximum of three months following its publication in the Turkish Trade Registry Gazette,

m) Carrying out activities to increase the demands of entrepreneurs in the region to benefit from theopportunities, knowledge, infrastructure, facilities, machinery and equipment of universities or high technology institutes or public R& D centers or institutes, and meeting these demands in coordination with the relevant units,

n) In case the entrepreneurs in the Region whose all R& D projects have been concluded have not been able to present a new R& D project within three months , taking the necessary actions to ensure that they are expelled from the Region, regardless of the current lease contract period, Notifying the relevant tax office and the Social Security Institution within thirty days from the date of

o) Determining and archiving the lists of entrepreneurial R& D companies,   R& D projects and all R& D and support personnel employed in the Region on a monthly basis, together with their recorded details, and notifying the relevant people when requested,

ö) To send the information prepared in accordance with the format requested by the Ministry and approved by its own independent accountant financial advisor or certified public accountant quarterly, regarding the activities of the entrepreneurs in the Region, to the Ministry within sixty days following the quarterly period, and the same information to the General Directorate in electronic environment. the monthly exemption documents are not approved in case of non-compliance with this clause,

p) Inspecting the entrepreneurs according to the Law, the issues specified in this Regulation and the Regional Operations Directive, not approving the monthly exemption certificates from the date of detection of the contrary activities, giving a certain period not exceeding three months by warning the entrepreneurs to correct them, existing lease agreement of the entrepreneurs who do not correct their contrary activities at the end of the given period. Taking the necessary measures to ensure that he is expelled from the Region, regardless of the duration,

r) Regarding the entrepreneurs in the region;

1) Ensuring that the entrepreneur operates in accordance with the purpose specified in the Law, performing the necessary inspections in order to obtain the document containing all kinds of statistical data requested regarding the activities carried out, in a complete and timely manner,

2) Sending the information and documents requested by the Ministry regarding the activities of the entrepreneurs in accordance with the determined time and format,

3) Inspecting whether the persons who benefit from the income tax exemption for the wages employed by the entrepreneur actually work in the Zone,

4) Inspecting whether the ratio of the number of support personnel employed by the entrepreneur and within the scope of the exemption and the number of R& D personnel to each other complies with the criteria specified in the Law and this Regulation ,

5) If requested by the entrepreneur, the R& D personnel working within the scope of the R& D project carried out by the entrepreneurs; Examining the time required to be spent outside of the Region in relation to the duty carried out in the Region, approving the appropriate ones, examining and archiving the documents obtained from the relevant institution and organization regarding the actual time spent abroad within the scope of the R& D project,

s) Making a contract with a certified public accountant until the end of January of each year, in order to have all kinds of accounts and transactions examined annually by a certified public accountant authorized in accordance with the Law on Certified Public Accountant and Certified Public Accountant, dated 1/6/1989 and numbered 3568, Ensuring that a copy of the financial audit report prepared by the financial advisor within the scope of this Regulation in accordance with the Certified Public Accountant Report Format to be determined by the Ministry is sent to him and the Ministry within the same period until the end of June of each year,  

ş) Preparing at least three-year strategic plan of the Region within the first year from the date of establishment of the managing company, renewing it in case the strategic plan period is completed and sending it to the Ministry, and also reporting to the Ministry the performance indicators prepared according to the strategic plan at the end of each year, together with their justifications,

t) Comparing the report, prepared in accordance with the Technological Development Zone Impact Assessment Report Preparation Procedures and Principles to be determined by the Ministry, with the previous year, in order to evaluate the impact of the support and exemptions provided to him and to the enterprises engaged in R& Dactivities in the Region at the end of each year, to be displayed and sent to the Ministry in June every year,

u) After the Zone becomes operational; Establishment of a technology transfer office within three years, If there is no technology development center operated by KOSGEB in the Region, the establishment of an incubation center within one year at the latest,

ü) When the Zone becomes operational, employment of at least 3 persons in total , including the general manager, within the scope of the Zone manager company, including at least one graduate with a bachelor’s degree, to be employed in monitoring the activities within the scope of the Law and this Regulation ,

Along with the fulfillment of his duties , he is obliged to take the necessary actions for the management and operation of the Zone within the scope of the Law and this Regulation.

(2) In addition, the managing company provides technical services to entrepreneurs in training, incubation, testing, calibration and quality assurance and similar issues in line with the needs of the Region, as well as protection of intellectual property rights and licensing, transfer and similar transactions, company establishment, technology transfer, financing, taxation and legal procedures. Providing or providing services on issues such as applications, risk capital, marketing and export, In line with the common needs of institutions and organizations and entrepreneurs operating in the region, important production, test and control tools and equipment, which are not financially and technologically impossible for them to buy or do alone Purpose-oriented new and high-tech laboratories  andEstablishment and operation of production units, making them available for the use of those concerned in return for a fee, employing experienced personnel who will use the said tools, machinery and equipment in relation to these services and carry out the business activities when necessary, providing the necessary cooperation and coordination with the persons and organizations related to these issues. It can also be involved in D activities.

(3) Entrepreneurs in the Region, located in technology development centers operated by KOSGEB or supported under other legislation and engaged in R& D activities, are also administratively liable to the Ministry and the Region’s executive company within the scope of the Law and this Regulation.

Incubation firm, incubation center and incubation program

ARTICLE 16 – (1) Incubation companies; are young entrepreneurs or new businesses that have projects that are primarily supported by public institutions and organizations for R& D , technological innovation and software activities, or are approved to be supported by competition programs by public institutions and organizations and private sector enterprises, or are engaged in these activities.

(2) Managing company; It operates an incubation center in order to train R& D and innovative companies in the region and to develop young and new enterprises.

(3) Managing company; It allocates a place within the scope of the provisions of this Regulation in the incubation center for a maximum of thirty-six months, given time according to the project, to entrepreneurs who are found suitable for incubation or to real persons with a new idea.

(4) Managing company; When there is no space in the incubation center, incubation companies or real persons with a new idea can be accommodated in these buildings, provided that there are suitable offices in the administration building, R& D building or other buildings.

(5) Managing company; In case the incubation companies cannot meet the office demands in the region, they can request support from the Ministry for the construction of a new incubation center. A needs analysis report showing the need for an incubation center is also attached to the support request.

(6) The number of incubation companies within the zone area cannot be less than 10 percent of the total number of companies. In calculations, fractions are calculated in full. Incubation companies located in the technology development center operated by KOSGEB in the region are also included in this calculation.

(7) The managing company within the scope of incubation programs; provides the following services and supports within its means .

a) Providing office facilities, furniture and equipment , creating the needed infrastructure and common spaces.

b) Providing secretariat and support services, providing access to hardware and software.

c) Organizing competitions and similar entrepreneurship-promoting programs.

d) Organizing relevant training, seminars and workshops.

d) Providing management support, critical business and technical support.

e) Providing consultancy and mentoring services in technical and administrative matters .

f) Providing support in the fields of incorporation, commercialization, internationalization and similar areas.

g) Providing consultancy on access to finance related to R& D and innovation activities and directing them to existing programs and/or supporting meeting with appropriate structures.

Technology transfer office

ARTICLE 17 – (1) The managing company establishes the technology transfer office and provides the following services and supports within this scope .

a) Carrying out activities to inform, coordinate and direct research between technology developer R& Dinstitutions and organizations and technology user industrial companies or other technology or R& D institutions and organizations.

b) Encouraging and supporting the establishment of new R& D companies and ensuring cooperation.

c) Protection, marketing, sale, transfer, transfer of intellectual property rights, management of revenues from the sale of intellectual property rights.

ç) Carrying out studies that will encourage researchers and industrialists to R& D and innovation.

d) Supporting academic staff and research and development activities of R& D and innovative companies, both financially and organizationally , within the scope of university-industry cooperation .

e) Supporting the transformation of scientific findings, inventions and technologies into products as soon as possible and efficiently.

f) Providing support and providing related services for the promotion of the manufactured product to the industry, its marketing and commercialization in national and international areas.

Technology collaboration programs

ARTICLE 18 – (1) The managing company, within the framework of technology cooperation programs; It provides the following services and supports, within its means, in order to ensure the establishment of R& D and technology-oriented collaborations with companies operating in the region, with domestic and foreign companies, researchers and research institutions and related institutions .

a) The delegation can visit and organize project markets.

b) It may organize fairs, seminars, congresses, panels and similar events, and carry out studies to ensure participation in such events.

c) It can carry out clustering activities, establish cooperation platforms, clusters and networks.

ç) It can become a member of existing similar structures or cooperate with existing structures and carry out joint studies.

d) May engage in matching activities to bring together technology demands and supplies.

e) Companies in the region;   It may carry out coordination activities between companies, universities or other R& D institutions and organizations in or outside the Region in order to provide a technological solution to the problems they encounter during the projects they carry out.

f) It can carry out studies within the scope of technology cooperation programs with technoparks or technopolis and similar structures in the country and abroad .

Personnel employment in the region

ARTICLE 19 – (1) Personnel are employed in accordance with the applicable work and labor legislation in the activities taking place in the managing company and the Region. Foreign managers and R& D personnel with at least a bachelor’s degree can be employed in the regions within the framework of the Foreign Direct Investment Law No.

(2) Public institutions and organizations and university personnel whose services are needed as researchers and administrative personnel in the activities in the Region can be employed on a permanent or part-time basis with the permission of the institutions they work for. The incomes of part-time lecturers, lecturers, research assistants and experts for these services are excluded from the scope of university revolving fund. Personnel to be employed on a permanent basis are given unpaid leave by their institutions and their relations with their staff continue. In terms of social security, 31/5/2006Social Security and General Health Insurance Law No. 5510 dated and 5510, the employer’s share of the insurance premium to be determined on the basis of the main positions of those deemed to be insured within the scope of subparagraph (c) of the first paragraph of Article 4, or the pension deduction of those who fall within the scope of the temporary article 4 of the Law No. 5510, in return for the institution and general health insurance premiums are covered by the relevant legal entity, and no severance pay is paid at the end of their employment. The provisions of Article 36 of the Higher Education Law dated 4/11/1981 and numbered 2547 are not applicable.

(3) Instructors can carry out their studies in accordance with the principles of temporary assignment in the country and abroad stipulated in Article 39 of the Law No. 2547, with the permission of the University Administrative Board, in institutions in the Region. The income of the academic staff assigned to the Regions on a paid leave in the Region is excluded from the university revolving fund. In addition, with the permission of the University Administrative Board, faculty members may establish companies in these regions, become a partner in an established company and/or take part in the management of these companies in order to commercialize the results of their research.

THIRD PART

Planning and Projecting of the Region

land supply

ARTICLE 20 – (1) University lands located within the Zone’s areas are allocated to the managing company of the Zone, provided that the ownership remains with the relevant university, if these universities approve and give permission. This also applies to lands belonging to other public institutions and organizations and private law legal entities.

(2) In case of a request for the establishment of easement right or the granting of usage permission on the immovables that are privately owned by the Treasury or under the jurisdiction and disposal of the State within the zone area, the Ministry of Finance will grant the first five years   free  of charge in favor of the managing company ,   and the immovable subject to investment for the following years. In exchange for two thousandths of the property tax value, the right of easement is established or permission to use is given. No revenue share is collected from the activities to be carried out on these immovables for which the right of servitude has been established and permission to use has been given . To determine the procedures and principles regarding the implementation of this paragraph and to determine the easement or usage permit fee, as determined by the Ministry of Development .-The Ministry of Finance is authorized to differentiate by provinces according to their economic development ranking or to reduce them to zero. In the event that the registration of the unregistered areas within the jurisdiction and possession of the State within the zone area is required, following the registration by the managing company on behalf of the Finance Treasury, an easement right is established in favor of the managing company and/or a usage permit is given within the scope of this paragraph, and the General Directorate is informed of the result.

(3) Immovables belonging to real or private law legal entities located in the Zone may be acquired by the Zone management company to be used for the purpose of the Zone, by purchasing, renting or establishing an easement right in favor of the managing company.

(4) In case of need, the expropriation requests of the managing company for real or private law legal entities within the area declared as a Zone are evaluated by the Ministry and, if deemed appropriate, 4/11/1983 .It is expropriated by the Ministry in accordance with the principles set forth in the Expropriation Law No. 2942 dated No. 2942 and registered in the name of the Treasury in the land registry. Expropriation procedures, other than taking a public interest decision, may be carried out by the provincial directorates of the Ministry through delegation of authority, if the Ministry deems it appropriate. Expropriation costs and other expenses required by the expropriation procedures are paid by the managing company requesting expropriation. In this way, a free easement right is established by the Ministry of Finance on the immovables registered in the name of the Treasury in favor of the managing company that pays the expropriation price.

(5) The public interest decision regarding expropriation is made by the Ministry upon the application of the managing company.

Principles of preparation of regional development plans and approval of plans

ARTICLE 21 – (1) Zone zoning plans and zoning plan amendments are prepared or have it prepared by the managing company of the Zone in accordance with the provisions of this Regulation.

(2) In the zoning plans of the Zone area, the borders and coordinates of which are published in the Official Gazette, according to the Procedures and Principles to be followed in the Preparation of the Technology DevelopmentZones Zoning Plan issued by the Ministry in accordance with the Law, taking into account the characteristics and needs of the Zone area . Land use decisions such as Production Area are included.

(3) In the annex of the zoning plan explanation report, the restriction documents provided for the Zone application are included. In addition, the report includes the conclusion and recommendations section of the geological- geotechnical survey report based on the zoning plan approved by the relevant institution, and the up-to-date title deed registration information of the immovable properties subject to the zoning plan . Prior to the zoning plan to be submitted to the Ministry for approval, the allocation of immovable properties belonging to the university, the Treasury or other public institutions or organizations and private law legal entities in the Region on behalf of the managing company is documented.

(4) One building or more than one building can be built on the islands and parcels created within the framework of the regional zoning plans.

Pages ( 1 of 3 ): 1 23Read More »

Similar Posts