Notice of the State Council on Measures to Promote the Growth of Foreign Investment

　　Guofa [2017]39

 

 

　　The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, the ministries and commissions of the State Council, and the agencies directly under the State Council:

 

　　The active use of foreign capital is an important part of China's open strategy. The current economic globalization presents new features. China's use of foreign capital is facing new situations and new tasks. In order to deepen structural reforms on the supply side, promote the decentralization of government power, integrate management, and optimize service reform, further improve the legalization, internationalization, and facilitation of the foreign investment environment in China, promote the growth of foreign capital, and improve the quality of foreign capital utilization. The notice is as follows:

 

　　I. Further reducing the restrictions on foreign investment

 

　　(1) Implement the pre-admission national treatment plus negative list management system. As soon as possible, China will implement the negative list of foreign investment that has been piloted in the free trade trial zone to further enhance the openness, transparency, and standardization of the investment environment. (National Development and Reform Commission, Ministry of Commerce responsible)

 

　　(b) Further expand the scope of market access to the outside world. Continue to promote special vehicles and new energy vehicle manufacturing, ship design, branch line and general aircraft maintenance, international maritime transport, railway passenger transport, gas stations, Internet access service sites, call centers, performance brokers, banking, securities, insurance Opening up to the outside world, setting a clear timetable and roadmap for opening up to the outside world. (Central Propaganda Department, Central Network Information Office, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Transport, Ministry of Commerce, Ministry of Culture, People's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, China Insurance Regulatory Commission, National Railway Bureau, China Civil Aviation Administration, China Railway Corporation is responsible for the division of responsibilities

 

　　Second, formulate fiscal support policies

 

　　(3) Encourage overseas investors to continue to expand investment in China. The profits distributed by foreign investors from Chinese resident enterprises are directly invested in encouraged investment projects. Where the conditions are met, deferred taxation policies are implemented, and no withholding tax is levied temporarily. (The Ministry of Finance and the State Administration of Taxation are responsible for the division of work according to their responsibilities)

 

　　(IV) To play a positive role of foreign investment in optimizing the trade structure of services. We will extend the preferential income tax policies of technologically advanced service companies that meet the requirements of service outsourcing model cities to the whole country, and guide foreign investment in more high-tech and high-value-added service industries. (The Ministry of Finance, the Ministry of Commerce, the General Administration of Taxation, etc. are responsible for the division of responsibilities according to their responsibilities)

 

　　(5) To promote the use of foreign capital and foreign investment. China's resident enterprises (including regional headquarters of transnational corporations) have returned domestically eligible overseas income and researched and introduced relevant tax support policies. (The Ministry of Finance and the State Administration of Taxation are responsible for the division of work according to their responsibilities)

 

　　(6) To encourage multinational companies to invest in establishing regional headquarters in China. Support all localities to issue policies and measures to attract regional headquarters of multinational companies, including financial support, in compliance with regulations, and actively participate in the adjustment of the global industrial structure. (The provincial people's governments are responsible)

 

　　(7) Promote the transfer of foreign capital to the western region and the old industrial base in northeast China. Give full play to the role of the existing financial funds and actively support the national-level development zones (including economic and technological development zones, high-tech industrial development zones, and special customs supervision zones, etc.) in the western regions and old industrial bases in Northeast China. The construction of public services and other fields will improve the investment promotion environment, improve the quality of foreign investment, and accept the transfer of high-level manufacturing industries. (The Ministry of Science and Technology, the Ministry of Finance, the Ministry of Commerce, and the General Administration of Customs are responsible for the division of work according to their responsibilities)

 

　　(8) Support the infrastructure of key investment platforms and the construction of major projects. The provincial people's government is encouraged to issue local government bonds to support the development of infrastructure in the national development zones, border economic cooperation zones, and cross-border economic cooperation zones. Accelerate the development of pilot development projects and self-balanced financing of local government-specific bond varieties, give priority to the protection of major regional project financing requirements. (The Ministry of Science and Technology, the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, and the provincial people's governments are responsible for the division of responsibilities according to their responsibilities)

 

　　Third, improve the comprehensive investment environment of the national development zone

 

　　(9) Give full authority to investment management of national-level development zones. Support national-level development zones to carry out pilot projects for relatively centralized reform of administrative licensing rights. Guide the development zones at the national level to further promote the decentralization of power, integration and management, and optimization of service reforms, and play a leading role in creating a favorable environment for foreign investment. (The Central Organization Department, the Ministry of Science and Technology, the Ministry of Commerce, the General Administration of Customs and the Legal Affairs Office of the State Council are responsible for the division of responsibilities)

 

　　(10) Support for the landing of projects in national development zones. All localities are allowed to give priority to the construction land indexes required for the use of foreign capital projects in state-level development zones on the premise that they conform to the economic and social development plans, overall land use plans, and overall city plans. (The Ministry of Science and Technology, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the General Administration of Customs, and the provincial governments are responsible for the division of responsibilities according to their responsibilities)

 

　　(11) Supporting national development zones to expand investment space. For eligible national development zones, after approval by the State Council, it is allowed to adjust zones and expand zones, integrate adjacent and similar development zones, establish enclave parks, and provide planning adjustments and simplify approvals for the inefficient use of land for storage and storage. Convenience. (The Ministry of Science and Technology, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the General Administration of Customs, and the local people's governments are responsible for the division of responsibilities according to their responsibilities)

 

　　(12) Supporting national-level development zones to enhance industrial supporting services. In regions where conditions are ripe, foreign-funded production-service-oriented enterprises will be introduced, pilot projects for high-tech and high-value-added projects in and outside the country will be carried out, and processing trade will be promoted to the global high-end and value chain. (Department of Commerce and General Administration of Customs)

 

　　IV. Facilitating the entry and exit of talent

 

　　(13) Improve the foreign talent introduction system. We will implement a work permit system for foreigners to come to China throughout the country and adopt methods such as "notice + commitment" and "tolerance and acceptance" to provide convenience for foreign talents to apply for work permits. In 2018, it formulated regulations on the work of foreigners in China and established a work permit system for foreign talents to come to China with standardized standards and procedures. (The Ministry of Foreign Affairs, the Ministry of Public Security, the Legislative Affairs Office of the State Council, and the State Administration of Foreign Experts are responsible for the division of work according to their responsibilities)

 

　　(14) Actively introduce international high-end talents. In the second half of 2017, we will formulate regulations for the implementation of visas for foreign talents, improve foreign talent evaluation standards, and expand the scope of distribution; relax the duration of visas for foreign talents, and issue long-term (5 to 10 years) multiple-return visas for eligible foreigners. Depending on the visa, you can apply for a work permit and apply for a work permit. Formulate regulations on the permanent residence of foreigners and clarify the conditions and procedures for foreigners to apply for and obtain permanent residence. (The Ministry of Foreign Affairs, the Ministry of Public Security, the Legislative Affairs Office of the State Council, and the State Administration of Foreign Experts are responsible for the division of work according to their responsibilities)

 

　　Fifth, optimize the business environment

 

　　(15) Pay close attention to improving the foreign capital legal system. Accelerate the unification of domestic and foreign capital laws and regulations and formulate new basic foreign capital laws. Clear up laws, regulations, rules, and policy documents involving foreign capital, and promote the repeal or revision of laws, regulations, or provisions that are inconsistent with the country’s general principles of opening up to the outside world within a time limit. (Relevant departments and provincial people's governments are responsible for the division of responsibilities according to their responsibilities)

 

　　(16) Improve the level of foreign investment services. Improve the complaint mechanism of central and local foreign-funded enterprises, coordinate and resolve outstanding issues reflected by foreign investors, increase the protection of foreign-invested enterprises enjoying access to national treatment, and strive to create a unified, open, competitive and orderly market environment. Set up a system of lists of fees and charges for enterprises concerning administrative charges and government-funded, government-operated service charges for enterprises. (The National Development and Reform Commission, the Ministry of Finance, the Ministry of Commerce and other relevant departments, and the provincial people's governments are responsible for the division of responsibilities according to their responsibilities)

 

　　(17) Protecting the free repatriation of profits of foreign investors. Foreign investment returns such as profits and dividends that have been legally obtained in China may be freely remitted in RMB or foreign exchange according to law. (The People's Bank of China and the State Administration of Foreign Exchange are responsible for the division of responsibilities)

 

　　(18) Deepening the management information sharing and business synergy among foreign-invested enterprises. Actively promote "Internet + government services," and further improve the "double stochastic, open" regulatory mechanism to build an efficient and convenient foreign investment in the post-supervision and service system. We will increase the interoperability of the information management system between the business sector and the departments of industry and commerce, customs, quality inspection, and foreign exchange, and achieve the cross-level and cross-sector sharing of information related to the establishment and operation of foreign-invested enterprises. Pilot foreign-invested enterprises' business filing and business registration "single window, single form" acceptance of new models. (Departments of the Ministry of Commerce, the General Administration of Customs, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, and the State Administration of Foreign Exchange are responsible; the local people's governments are responsible for division of responsibilities according to their responsibilities)

 

　　(19) Encourage foreign capital to participate in the optimization and reorganization of domestic enterprises. Simplify procedures, relax restrictions, and support foreign investors in setting up foreign-invested companies through mergers and acquisitions. Support domestic enterprises to introduce international advanced technology, management experience and marketing channels through multiple channels. Foreign investors are encouraged to participate in the reform of the mixed ownership system of state-owned enterprises. (The National Development and Reform Commission, the Ministry of Commerce, and the State-owned Assets Supervision and Administration Commission of the State Council are responsible for the division of responsibilities)

 

　　(20) Improve the protection of intellectual property rights of foreign-invested enterprises. It has carried out centralized rectification of intellectual property rights issues such as online infringement and piracy, patent infringement, and infringement of trademark monopoly rights, strengthened judicial protection and administrative enforcement, and increased the punishment of illegal infringement. (The Office of the National Leading Group for Combating Counterfeiting and Infringement and Counterfeiting, the State Administration for Industry and Commerce, the General Administration of Press, Publication, Radio, Film and Television, the State Intellectual Property Office, etc.

 

　　(21) Improve the international competitiveness of the R&D environment. To create convenient conditions for the operation of the R&D center, simplifies import procedures for R&D centers and sample samples and reagents that meet the requirements, and promote foreign investment in R&D. (The General Administration of Customs, the General Administration of Quality Supervision, Inspection and Quarantine, etc

 

　　(22) Maintaining the stability of foreign capital policy continuity. The local people's governments at all levels must strictly honor the policy commitments made to investors and foreign-invested enterprises in accordance with the law, and conscientiously perform various types of contracts that are legally signed during activities such as attracting investment. (The provincial people's governments are responsible)

 

　　All regions and departments must attach great importance to the use of foreign investment in the new situation, and should take the initiative to act in accordance with the division of responsibilities, and cooperate closely. The Ministry of Commerce shall, in conjunction with relevant departments, strengthen supervision and inspection, ensure that all measures are implemented, continuously improve China's new advantages in attracting foreign investment, and promote the steady growth of foreign capital utilization.

 

 

　　State Council

 

　　August 8, 2017

 

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