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Government Documents
Government Documents
UPDATED: September 16, 2010 NO. 37 SEPTEMBER 16, 2010
Plan for the Division of Labor of Departments on Implementing Several Opinions of the State Council on Further Well Handling the Utilization of Foreign Investment
Promulgated by the General Office of the State Council on August 18, 2010
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I. Optimize the Structure of Foreign Investment Utilization

(I) The Catalogue for the Guidance of Foreign Investment Industries shall be amended in accordance with the requirements for Chinese economic growth and combined with the state industrial restructuring and revitalization plan to expand the open fields and encourage foreign investment in high-end manufacturing, hi-tech industry, modern service industry and new energy and energy-saving and environmental protection industry, and place severe restrictions on "high-polluting, high-energy-consuming and resource-dependent" and low-level and overcapacity expansion projects. [National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) with the first being the lead department, the same below]

(II) The policies and measures as prescribed in the state industrial restructuring and revitalization plan shall be applied to qualified foreign-invested enterprises. [NDRC and the Ministry of Industry and Information Technology (MIIT)]

(III) Priority shall be given to the foreign investment projects intensively using land encouraged by the state in land use, which shall be executed at 70 percent of the corresponding land with the ranking not lower than the land they occupy upon the determination of the minimum land transfer price as prescribed in the State Standard for the Minimum Price of Transfer of Land for Industry Use. [Ministry of Land and Resources (MLR)]

(IV) Foreign investment shall be encouraged in the hi-tech enterprises and the recognition on hi-tech enterprises shall be improved. [the Ministry of Science and Technology (MOST), the Ministry of Finance (MOF) and the State Administration of Taxation (SAT) together with such departments as NDRC, MOFCOM and MIIT]

(V) Domestic and foreign enterprises shall be encouraged to enhance R&D cooperation and qualified foreign investment enterprises shall be supported to cooperate with domestic enterprises and research institutes to apply for the scientific development projects and innovation capacity building projects of the state. (NDRC, MOST and MOF)

And application shall be filed for the recognition of the establishment of the national-level technology center. [NDRC, MOST, MOF, the General Administration of Customs (GAC) and SAT]

(VI) Transnationals shall be encouraged to set up such functional agencies as regional headquarters, R&D centers, procurement centers, finance management centers, settlement centers and cost and profits accounting centers within China. [MOFCOM, the State Administration of Foreign Exchange (SAFE), China Banking Regulatory Commission (CBRC), NDRC, MOF and the State Administration for Industry and Commerce (SAIC)]

Qualified scientific development products imported and indeed needed by foreign-funded R&D centers shall be exempt from import tariff and the added value tax and consumption tax in the import prior to December 31, 2010. (MOF, MOFCOM, GAC and SAT)

(VII) Supporting policy shall be implemented and improved to encourage foreign investment in the services outsourcing industry and introduction of advanced technology and management experience so as to raise the international competitiveness of the services outsourcing industry of China. (MOFCOM)

II. Guide Foreign Investment in the Central and Western Area and Increase of Investment

(VIII) In compliance with the amended Catalogue for the Guidance of Foreign Investment Industries and the supplementary amendment to the Catalogue for Foreign Investment in Competitive Industries in the Central and Western Area, labor-intensive items shall be increased to encourage foreign-invested enterprises to develop qualified labor-intensive industries in the central and western area. (NDRC and MOFCOM)

(IX) Preferential policies for business income tax shall be continuously subject to qualified domestic and foreign-funded enterprises in the central and western area to maintain the good trend of absorbing foreign investment. (MOF, NDRC, MOFCOM and SAT)

(X) The strength in the open policies and technology and capital supporting for the shift of foreign-funded enterprises in the east to the central and western area shall be intensified and administrative services shall be simultaneously improved to provide convenience while handling the formalities of industry and commerce, taxation, foreign exchange and social security. [NDRC, MOFCOM, MOF, the Ministry of Human Resources and Social Security (MOHRSS), SAIC, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), SAT and SAFE]

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