Industrial policies
- Interim Provisions and Guide Catalogue
In order to make foreign investment further
meet the national industrial development direction
and avoid blind investment, in June 1995, China
government formulated and published Interim
Provisions for Directing Overseas Investment
and Guide Catalogue of Industries for Foreign
Investment, announcing the industrial policies
of attracting foreign investment in the form
of regulations, and lightened the transparency
of policies. The provisions and list divide
industrial items into four kinds including the
encouraged-the permitted the restricted and
the forbidden, making investors clear at first
sight.
According to the development of our economy,
in DECEMBER 1997, the State planning Commission
the State Economy and Trade Commission and the
Administration of Foreign Trade and Economic
Co-operation jointly revised the Master list
for Foreign Investment Industries. The revised
list has broaden the scope of foreign investment
encouraged by the state, Laying stress in key
industrial points, further meeting the demands
of industrial structure adjustment and the principle
of favoring absorbing advanced technologies,
and fully embodied the policies of encouraging
foreign investors to invest in the middle-and-western
regions. The revised list encourages foreign
investors to set up export enterprises and has
put the permitted items 100 per cent of whose
products are for export into the encouraged
items.
The newest version amended in 2007 is available
at:
http://www.fdi.gov.cn/pub/FDI_EN/Laws/GeneralLawsandRegulations
/MinisterialRulings/P020071121358108121219.pdf
- Items in which foreign investment is encouraged
Current items of this kind mainly include: items
in new agricultural technology, comprehensive
agricultural development, energy, transportation
and important taw and semi-finished materials
industry; items with high technology; export-oriented
items; items in comprehensive utilization of
resources and renewable resources, environmental
pollution protection; items which can exploit
the advantages of the middle-and-western regions
to the full, etc. Positively guide foreign investment
to the technical transformation of traditional
industries and old industrial bases, and further
develop labor-intensive items in accord with
industrial policies.
- For the foreign investment utilization in
the field of service trade, experiments should
be made first. On the base of experiments, we
sum up the experience, formulate laws and regulations,
normalize the development and expand gradually.
At present, the fields such as business, foreign
trade, finance, insurance, transportation, international
transportation agency, legal service, tourism,
advertisement, medical health, accountancy,
property valuation, education, leasing, engineering
design, consultation, real estate and so on
have been opened to foreign investors in varying
degrees; the opening of service has formed an
entire structure initially.
Regional Policies
China's opening-up endeavor began first in the
eastern coastal region, and moved to interior
regions gradually in phases and tiers. The eastern
region enjoys a fairly favorable investment environment
and many preferential policies. That is why most
reform measures were initiated in the eastern
region, which is home to the five special economic
zones, 14 coastal open cities and the Pudong New
Area in Shanghai. So, to date, the overwhelming
majority of overseas-funded enterprises have been
established in the region. In contrast, foreign
companies have launched fewer investment projects
in China's central and western region.
In recent years, with the strategic focus of
China's economic development shifting gradually
westward, the Chinese Government has formulated
relevant policies on assistance regarding the
central and western region, vigorously increased
investment in the region, and speeded up construction
of infrastructure such as water conservancy, transport
and telecommunications there. Meanwhile, it has
been encouraging foreign companies to invest in
the region.
In order to direct the foreign investment to
the central and western parts, the State Development
and Planning Commission and Ministry of Foreign
Trade and Economic Cooperation have jointly formulated
List of Advantageous Industries for Foreign Investment
in Provinces, Autonomous Regions and Municipalities
Directly under the Central Government in the Central
and Western Parts on June 16, 2000 for implementation.
The List provides the advantageous industries
in the central and western parts respectively
for 20 provinces. The List is focusing on areas
such as processing of farming and animal husbandry
products, development of tourist, forestation,
exploitation of mineral resources, construction
of communications and infrastructures, and development
and manufacturing of new-type electronic components,
where foreign investment is encouraged. Projects
in the List that utilize foreign investment enjoy
preferential policies such as exemption of duties
for self-use equipment imported within the total
volume of investment and import-linked value-added
tax.
The current policies encouraging foreign investors
to invest in the middle-and-western region mainly
are as follows.
- The middle-and-western regions may choose
really advantageous industries and items, enjoy
the policy for the encouraged items stipulated
in the Master List with the government approval;
establishment conditions and market opening
degree for the restricted items and items in
which foreign stock proportion is restricted
may be wider to some degree than in eastern
regions.
- Properly increase domestic supporting fund
loan for the middle-and-western regions to draw
foreign investment, loans from foreign government
and preferential loan from in serration financial
administrations and mainly pa put into items
of great basic facilities and environmental
protection construction;
- For the state-encouraging foreign investment
enterprises in the middle-and-western regions,
during the three years after the expiration
of current preferential tax policy, their business
income tax may be collected at the lower rate
of 15 percent;
- Encourage the foreign investment enterprises
in the eastern regions to reinvest to the middle-and-western
regions; the items in which foreign funds amount
to over 25 per cent may enjoy relevant treatment
to foreign investment enterprises;
- Permit the foreign investment enterprises
in the coastal regions to go to the middle-and-Ivestern
regions to contract and operate foreign investment
enterprises and national-funded enterprises;
- Permit the middle-and-eastern provinces, autonomous
regions, municipalities directly under the Central
Government may choose a built development zone,
in their capital cities to apply for a national-grade
economic and technical development zone;
- The state will priory allow a batch of items
in agriculture, water conservancy, transportation,
energy, raw and semi finished materials and
environment protection to draw foreign investment
in the middle-and-western regions, and tighten
the support for item supporting funds and relevant
measures.
Tax Policy
China implements a low-lax policy for foreign
investment enterprises and implements preferential
tax policies in the industries and regions where
investment is encouraged by the state. At present,
taxes for foreign investment enterprises and foreign
individuals (including compatriots in Hong Kong,
Macao and Taiwan): business income tax, Personal
income tax, turnover tax (value-added tax, Consumption
tax and business tax included) ,tariff, land increment
tax,, resource tax, urban real estate tax. etc.
- Income tax
(1) Income tax rate: The government collect
business in come tax from foreign investment
enterprises at the rate of 33 per cent, but
only 15 percent from enterprises in special
economic zones, the national hi-tech industrial
zones and national-grade economic and technical
development zones: 24 percent from enterprises
in open coastal regions and capital cities of
local provinces.
(2) Reducing-tax policy: Foreign investment
enterprises may enjoy the treat meat of which
business income tax may not be collected during
the first two years after their beneficial year
and half collected during the next three years;
for foreign investment enterprises encouraged
by the state in the middle-and-western regions,
after the expiration of 5 years' tax collection
reduction or exemption, the government con prolong
for another 3 years to collect half income tax.
For advanced technology enterprises established
by foreign funds, their income tax may be exempted
For two yens and half collected for later six
years; for export enterprises, apart from the
preferential treatment of two years' exemption
and three-year half reduction, if their yearly
export value amounts to over to per cent of
gross enterprise sales, they may enjoy the preferential
treat meat that half of business in come tax
is reduced; if foreign investment purchase domestic
device in the range of investment sum, and if
this kind of import device belongs to the list
of device whose tax is exempted, their business
income tax may be of credit.
- Turnover tax
(1)Since January 1, 1994, we have implemented
value-added tax, consumption tax and business
tax for foreign in vestment enterprises in accordance
with domestic enterprises, exempted business
tax for the technical transformation of foreign
enterprises and foreign investment enterprises,
If foreign investment enterprises purchase domestic
device in the range of total investment and
the device belongs to the list among which import
tax of goods can be exempts the value-added
tax of dogmatic device can be completely given
back.
- Import tax
(1) Tariff rate: Chinese government has reduced
import tariff rate for eight times since 1991,
The current tariff rate is down to 16.5 per
cent.
(2) Duty exemption of import device: At present,
if device needs importing for foreign investment
and domestic investment items encouraged and
supported by the state, the tariff and import
value-added tax can be exempted.
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