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

Actively utilizing foreign capital is an important part of China's opening-up strategy. At present, economic globalization has shown new characteristics, and China's use of foreign capital is facing a new situation and new tasks. In order to deepen the supply-side structural reform, promote the reform of simplifying administration and delegating power, combining management and management, optimizing services, further improving the level of legalization, internationalization and facilitation of China's foreign investment environment, promoting the growth of foreign investment, and improving the quality of foreign capital utilization, the relevant matters are hereby notified as follows:

1. Further reduce restrictions on foreign investment access

(1) Fully implement the pre-entry national treatment plus negative list management system. As soon as possible, the negative list of foreign investment that has been piloted in pilot free trade zones will be implemented nationwide, and the openness, transparency and standardization of the investment environment will be further enhanced. (The National Development and Reform Commission and the Ministry of Commerce are responsible)

(2) Further expand the scope of market access and opening up to the outside world. Continue to promote the opening up of special purpose vehicles and new energy vehicle manufacturing, ship design, regional and general aircraft maintenance, international maritime transportation, railway passenger transportation, gas stations, Internet access service business venues, call centers, performance brokerage, banking, securities and insurance industries, and clarify the opening timetable and road map. (The Central Propaganda Department, the Cyberspace Administration of the Central Committee, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Transport, the Ministry of Commerce, the Ministry of Culture, the People's Bank of China, the China Banking Regulatory Commission, the China Securities Regulatory Commission, the Insurance Regulatory Commission, the State Railway Administration, the Civil Aviation Administration of China, and the China Railway Corporation shall be responsible according to the division of duties)

2. Formulate fiscal and taxation support policies

(3) Encourage foreign investors to continue to expand their investment in China. Where the profits distributed by foreign investors from resident enterprises in China are directly invested in encouraged investment projects, a tax deferral policy will be implemented and withholding income tax will not be levied for the time being. (The Ministry of Finance and the State Administration of Taxation are responsible according to the division of duties)

(4) Give play to the positive role of foreign investment in optimizing the structure of trade in services. Promote the preferential income tax policies for qualified technologically advanced service enterprises in service outsourcing demonstration cities to the whole country, and guide foreign investment to invest more in high-tech and high-value-added service industries. (The Ministry of Finance, the Ministry of Commerce, the State Administration of Taxation, etc. are responsible according to the division of duties)

(5) Promote the combination of the use of foreign capital and foreign investment. Study and introduce relevant tax support policies for Chinese resident enterprises (including regional headquarters of multinational companies) to return to China eligible overseas income. (The Ministry of Finance and the State Administration of Taxation are responsible according to the division of duties)

(6) Encourage multinational companies to invest in setting up regional headquarters in China. Support all localities to introduce policies and measures to attract regional headquarters of multinational companies, including financial support, in accordance with laws and regulations, and actively participate in the adjustment of the global industrial structure. (The people's governments at the provincial level are responsible)

(7) Promote the transfer of foreign investment to the western region and the old industrial base in the northeast. Give full play to the role of existing financial funds, actively support the construction of scientific and technological innovation, ecological environmental protection, public services and other fields in state-level development zones (including economic and technological development zones, high-tech industrial development zones, special customs supervision areas, etc.) in the western region and the old industrial bases in the northeast, improve the investment environment, enhance the quality of investment, and undertake high-level manufacturing transfer. (The Ministry of Science and Technology, the Ministry of Finance, the Ministry of Commerce, and the General Administration of Customs are responsible according to the division of duties)

(8) Support the construction of infrastructure and major projects of key investment attraction platforms. Encourage provincial-level people's governments to issue local government bonds to support infrastructure construction in national-level development zones, border economic cooperation zones, and cross-border economic cooperation zones. Accelerate the types of local government special bonds that balance the income and financing of pilot development projects, and give priority to ensuring the financing needs of eligible major projects in the above regions. (The Ministry of Science and Technology, the Ministry of Finance, the Ministry of Commerce, the General Administration of Customs, and the provincial-level people's governments shall be responsible according to their responsibilities and division of labor)

3. Improve the comprehensive investment environment of state-level development zones

(9) Fully grant investment management authority to state-level development zones. Support national-level development zones in carrying out pilot reforms of relatively centralized administrative licensing rights. Guide national-level development zones to further promote the reform of streamlining administration and delegating powers, combining management and management, optimizing services, and playing an exemplary and leading role in creating an excellent environment for foreign investment. (The Central Editorial Office, the Ministry of Science and Technology, the Ministry of Commerce, the General Administration of Customs, and the Legislative Affairs Office of the State Council shall be responsible according to the division of duties)

(10) Support the implementation of national-level development zone projects. All localities are allowed to give priority to the construction land targets required for foreign-funded projects in national-level development zones on the premise of conforming to economic and social development plans, overall land use plans, and overall urban plans, so as to ensure that all guarantees are guaranteed. (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-level people's governments shall be responsible according to their responsibilities and division of labor)

(11) Support national-level development zones to expand investment attraction space. For eligible national-level development zones, after approval by the State Council, it is allowed to transfer and expand areas, integrate development zones with adjacent and similar locations, establish enclave parks, and provide planning adjustments, simplified approval and other conveniences for low-efficiency land collected and stored. (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 local people's governments are responsible for the division of labor according to their responsibilities)

(12) Support national-level development zones to improve their industrial supporting service capabilities. In areas with mature conditions, foreign-funded enterprises with production and service will be introduced to carry out domestic and foreign maintenance business of high-tech and high-value-added projects on a pilot basis, and promote the extension of processing trade to the middle and high end of the global industrial chain and value chain. (Ministry of Commerce and General Administration of Customs are responsible)

4. Facilitate the entry and exit of talents

(13) Improve the system for introducing foreign talent. Implement the work permit system for foreigners to come to China nationwide, and use methods such as "notification + commitment" and "acceptance of vacancies" to facilitate the application of work permits for foreign talents. In 2018, regulations on the management of foreigners' work in China were formulated and promulgated, and a work permit system for foreign talents with unified standards and standardized procedures was established. (The Ministry of Foreign Affairs, the Ministry of Public Security, the Legislative Affairs Office of the State Council, the State Administration of Foreign Expert Affairs, etc. shall be responsible according to the division of duties)

(14) Actively introduce international high-end talents. In the second half of 2017, the implementation rules for foreign talent visas were formulated and issued, the evaluation standards for foreign talents were improved, and the scope of issuance was expanded; Relax the validity period of foreign talent visas, and issue long-term (5 to 10 years) multiple-entry visas to eligible foreigners, and can apply for work permits and work-type residence permits with this visa. Regulations on the administration of permanent residence for foreigners have been formulated and promulgated, clarifying the conditions and procedures for foreigners to apply for and obtain permanent residence qualifications. (The Ministry of Foreign Affairs, the Ministry of Public Security, the Legislative Affairs Office of the State Council, the State Administration of Foreign Expert Affairs, etc. shall be responsible according to the division of duties)

5. Optimize the business environment

(15) Pay close attention to improving the legal system for foreign investment. Accelerate the unification of laws and regulations on domestic and foreign investment, and formulate new basic laws on foreign investment. Clean up laws, regulations, rules and policy documents involving foreign investment, and promote the abolition or revision of laws, regulations or provisions that are inconsistent with the general direction and principles of the country's opening up within a time limit. (Relevant departments and provincial-level people's governments shall be responsible according to their duties and division of labor)

(16) Improve the level of foreign investment services. Improve complaint mechanisms for central and local foreign-invested enterprises, coordinate and resolve prominent problems reported by foreign investors, increase the extent of safeguards for foreign-invested enterprises enjoying post-entry national treatment, and strive to create a unified, open, competitive and orderly market environment. Establish a catalogue list system for enterprise-related charges, such as administrative fees, government funds, and government-priced enterprise-related business service fees. (The National Development and Reform Commission, the Ministry of Finance, the Ministry of Commerce and other relevant departments, and the provincial-level people's governments shall be responsible according to their responsibilities and division of labor)

(17) Ensuring the free repatriation of profits by foreign investors. Foreign investors may freely remit profits, dividends and other investment income obtained by foreign investors in accordance with the law in RMB or foreign exchange in accordance with the law. (The People's Bank of China and the State Administration of Foreign Exchange shall be responsible according to the division of duties)

(18) Deepen management information sharing and business coordination for foreign-invested enterprises. Actively promote "Internet + government services", further improve the "double random, one open" supervision mechanism, and build an efficient and convenient supervision and service system for foreign investment during and after the event. Increase the interconnection of information management systems between departments of commerce and departments such as for industry and commerce, customs, quality inspection, and foreign exchange, so that relevant information on foreign-invested enterprises from establishment to operation is shared across levels and departments. Pilot the new model of "single window and single form" acceptance of business filing and industrial and commercial registration of foreign-invested enterprises. (The Ministry of Commerce, the General Administration of Customs, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Supervision, Supervision, Inspection and Quarantine, the State Administration of Foreign Exchange and other relevant departments are responsible, and local people's governments are responsible according to their responsibilities and division of labor)

(19) Encourage foreign capital to participate in the optimization and restructuring of domestic enterprises. Simplify procedures, relax restrictions, and support foreign investors in establishing foreign-invested enterprises through mergers and acquisitions. Support domestic enterprises to introduce international advanced technology, management experience and marketing channels through multiple channels. Encourage foreign capital to participate in the mixed ownership reform 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 shall be responsible according to the division of duties)

(20) Improve intellectual property protection for foreign-invested enterprises. Carry out centralized rectification of intellectual property rights issues such as online infringement and piracy, patent infringement, and infringement of the exclusive right to use trademarks, strengthen judicial protection and administrative law enforcement, and increase the intensity of punishment for infringement and illegal acts. (The Office of the National Leading Group for Combating Infringement and Counterfeiting, the State Administration for Industry and Commerce, the State Administration of Press, Publication, Radio, Film and Television, and the State Intellectual Property Office shall be responsible according to the division of duties)

(21) Enhance the international competitiveness of the R&D environment. Create convenient conditions for the operation of R&D centers, simplify the import procedures for sample samples and reagents for R&D of qualified R&D centers in accordance with the law, and promote foreign investment in R&D. (The General Administration of Customs, AQSIQ, etc. are responsible according to the division of duties)

(22) Maintain the stability and continuity of foreign investment policies. Local people's governments at all levels should strictly honor the policy commitments made to investors and foreign-invested enterprises in accordance with law, and conscientiously perform all kinds of contracts signed in accordance with law in activities such as attracting investment and investment. (The people's governments at the provincial level are responsible)

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

State council

August 8, 2017

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