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Investment in China
来源: 时间: 2021-10-23
1. Industrial Policies According to Provisions on Guiding Foreign Investment Direction and Industrial Catalogue for Foreign Investment, the industrial projects are divided into four categories: encouraged, permitted, restricted, and prohibited projects. Foreign investment projects belonging to encouraged, restricted and prohibited categories are listed in Catalogue for the Guidance of Foreign Investment Industries. Those permitted foreign investment projects which do not belong to the above three categories are not to be listed in Catalogue for the Guidance of Foreign Investment Industries. I. Those foreign investment projects under one of the following circumstances
shall be listed as encouraged foreign investment projects: II. Those foreign investment projects under one of the following circumstances
shall be listed as restricted foreign investment project III. Those foreign investment projects under one of the following circumstances
shall be listed as prohibited foreign investment projects: IV. Encouraged foreign investment projects apart from the preferential terms stipulated in the relevant laws or administrative regulations of the State, may enlarge their scope of business with approval, if they are engaged in the construction and operation of infrastructure facilities related to energy, transportation and urban utility sectors (coal, oil, natural gas, power, railway, highway, port, airport, urban road, sewerage treatment and garbage disposal, etc.), which need a large amount of investment and a long payoff period. V. Those permitted projects that export all their products directly shall be deemed as encouraged projects. Restricted foreign investments may be deemed as permitted foreign investment projects with approval from the government of provinces, autonomous regions, municipalities directly under the Central Government or cities of direct planning by the State, if the export sales of products amounts to over 70% of the total sales of the product. VI. Restrictions can be properly eased for those permitted and restricted foreign investment projects that can really make full use of the advantages of mid-west regions, Those projects which listed in Catalogue of Advantaged Industries for Foreign Investment in Mid-west China can enjoy preferential treatments for encouraged foreign investment projects. In service trades, the Chinese government uses the method of setting experimental units firstly, standardizing and developing secondly, and then gradually expanding. Based on China's development level and its commitment to the entry of the WTO, China has orderly opened some service trades such as banking, insurance, business, foreign-trading, traveling, telecommunication, transportation, accounting, auditing, and law. Favored Policies Issued by Chinese Government for Foreign Investment
in High-tech Fields * Technology innovation is available to the foreign-funded enterprises,
foreign-invested research and development center, high-tech and export-oriented
foreign-funded enterprises listed in the Industrial Catalogue for Foreign
Investment and the Industrial Catalogue Restricted for Foreign Investment
(B). Import tariffs and import value added tax are supposed to be exempted
in accordance with relevant stimulations in the import of equipments for
self utility which cannot be manufactured home or fail to meet the practical
demand in the formerly approved business scope, as well as related technology,
components and spare parts. 2. Regional Policies China's policy of opening to the outside world uses a holistic strategy
of proceeding in an orderly and step-by-step way from coastal region to
inland cities. Currently there are varieties of special economic areas: 3 . Tax Policies I. Major Tax Categories Corporate Income Tax Value-Added Tax: All units and individuals engaged in the sale of goods, provision of procession, repairs and replacement services, and the importation of goods within territory of the People's Republic of China are taxpayers of Value Added Tax. The basic tax rate of VAT shall be 17%; for taxpayers selling or importing food gains, edible vegetable oils, tap water, books, newspapers, magazines, feeds, chemical fertilizers, agricultural chemicals, agricultural machinery and some other goods, the tax rate shall be 13%. Consumption Tax: All units and individuals engaged in the production, sub-contracting processing or import of consumer goods like tobacco, alcoholic drinks, alcohol, cosmetics, skin-care and hair-care products, precious jewelry and precious jade and stones, firecrackers, and fireworks, gasoline, diesel oil, motor vehicle tyres, motorcycles, motor cars, within territory of the People's Republic of China are taxpayers of Consumption Tax. There are 11 taxable items and 14 tax rates (tax amounts) of Consumption Tax, from the lowest 3% to the highest 45%. The computation of tax payable for Consumption Tax shall follow either with rate on value or the amount on value method. Business Tax: All units and individuals engaged in the provision of services as transportation and communications, posts and telecommunications, finance and insurance, construction, culture and sports, entertainment, servicing, the transfer of intangible assets or the sale of immovable properties within territory of the People's Republic of China shall pay Business Tax in accordance with regulations. There are 3 tax rates of Business Tax, from the lowest 3% (such as transportation and communications fee) to the highest 20% (such as entertainment). Tariff: The average tariff rate of China is 12%. Stamp Duty: All units and individuals engaged in the procession of purchase and sale, machining, contracting, property tenancy, goods transportation, storage, loan, property insurance, technological contract, as well as quitclaim deed, business account book, and certificate of authorization within territory of the People's Republic of China shall pay Stamp Duty in accordance with regulations. The lowest tax rate of Stamp Duty is 0.05‰, and the highest is 1‰. Each certificate of authorization and business account book (not include account book that records capital) must paste a stamp of 5 Yuan. Urban Real Estate Tax: The house property owned by foreign-invested
enterprise or foreign citizen shall pay Urban Real Estate Tax in accordance
with regulations. The computation shall follow either with the value of
house property after a one-off deduction of 10%-30%, and the annul tax
rate is 1.2%; or with the rent of house property, and the tax rate is
12%. Urban Real Estate Tax takes one year as a unit, and is paid by stages. Personal Income Tax: Deed Tax: All units and individuals that receive land or house property within territory of the People's Republic of China shall pay Deed Tax in accordance with regulations. The transferring of land and house property refers to: (i) Remising of the utilization right of national land, not include the transferring of management right of countryside collective land contracting; (ii) Transferring of utilization right of land, include selling, gifting and exchanging; (iii) House buying and selling; (iv) House gifting; (v) House exchanging. The rate of Deed Tax ranges from 3% to 5%. II. Preferential Tax Policies The Chinese government levies low tax on enterprises with foreign investment, and the main preferential tax policies include: practice preferential rate of Corporate Income Tax, reduce Corporate Income Tax, as well as exempt tariff and import-stage value-added tax of import equipment. Preferential Rate of Corporate Income Tax: The normal rate of Corporate Income Tax for foreign-invested enterprise is 33%, but preferential tax policies are offered to the sectors and regions where investment is encouraged by the state. The 15% preferential rate of tax apply to III. Deduction and Exemption of Import Tariff 4. Finance and Foreign Exchange Management Currently in China the finance organization is in a pattern that state-owned commercial banks remaining dominate and diverse financial organizations developing side by side. The government is enforcing a system of individual administrations on individual industries such as banks, securities, insurance and trusting. The state is enforcing its financial supervision on the financial market through the monetary controlling measures of the Central Bank. RMB exchange rates are based on a fluctuation rate system that goes with market demand and supply, is unified and put under control. Strict management is still enforced upon RMB free exchange under current account and foreign exchange under capital account. A system of exchange, settlement and sales shall be observed in foreign exchange payment and a system of canceling after verification in payment of import and export. Foreign Exchange Registration The System of Exchange, Settlement and Sales of the Bank: The income of foreign exchange of an enterprise should open an account in the designated foreign exchange bank or sell to it; and the payment in foreign exchange by the enterprise should, with valid proof or approval of the foreign exchange administration, be paid with by its foreign exchange account or transacted in the designated foreign exchanged bank. All cases of purchase and sales of foreign exchange without authorization, purchase and sales of foreign exchange in a disguised form or purchase and sales of foreign exchange for speculative purposes, are illegal. Free Exchange of RMB under current account: Institutions within the Chinese territory (including foreign invested enterprises), when in need of foreign exchange under current account, shall buy foreign exchange with RMB from designated bank for foreign exchange or pay with their foreign exchange accounts. Advance payment and commissions, when exceed certain proportion or amount, can get converted into foreign currencies at designated banks upon approval of the authenticity by the administration. Government's Management of Balance of Payment of Foreign Exchanges Under Capital Account: foreign exchange income under current account must be transferred back except for stipulations of the State Council otherwise; foreign exchange income under capital account shall be kept at foreign exchange account opened with designed banks; approval of the foreign exchange administration is required if it is sold to designated banks; Purchase or payment of foreign exchange under capital account shall, with the approval of administration of foreign exchange, get converted into foreign currencies at designated banks upon presentation of the approval. Foreign Debt Management: The Chinese Government adopts the system of registration upon foreign debt. Foreign invested enterprises can directly foreign capital form banks or enterprises outside the Chinese territory, but the accumulated medium and long-term debt from abroad shall not exceed the difference between the total investment and registered capital as stipulated in the contract or agreement. Enterprises should, after signing the contract of loan, keep the record in the administration periodically or record-by-record. The enterprises can use the foreign capital after approval and give feedback to the administration when actually used. All payment of the loan or the interest should get the approval of the administration (except for the bank). Report of Foreign Exchange Balance: The report is in a term of a half-year. The first half-year report with remarks should be submitted before July 10th of the year and the second half-year report before March 10th of the next year. Year-End Financial Report: The Year-End Financial Report of the previous year shall be submitted to relevant departments before March 31 and an Audit Report from public accountant registered in the People's Republic of China shall be attached. 5. Purchase of the Land Usage Right In China, urban land is State property. Rural land and the land in the suburban areas are collective property except those legalized as State property. The State has the right to implement a practice of land usage purchase in addition to grant State-owned land usage right in accordance with the law. Foreign-capital enterprises are permitted to purchase the land usage right for a certain period. As stated in THE LAW GOVERNING THE LAND IN THE PEOPLE'S REPUBLIC OF CHINA and A TEMPARARY REGULATION FOR GRANTING AND TRANSFERRING OF THE SATE-OWNED LAND USAGE RIGHT IN THE URBAN AREAS OF THE PEOPLE'S REPUBLIC OF CHINA, the purchase of the land usage right indicates the practice of local governments allowing the State-owned land to be used and operated under the conditions of land size, usage years and functions by the receiptor after paying for the land usage right granting fee and the rent. The transferring of the land usage right indicates the practice of the receiptors subleasing the land usage right. During the time of such transferring practice, the land remains the State property, including all the underground natural resources, burials and hidden properties. Foreign-capital enterprises acquire the land usage right through requested application procedures and payment fulfillment. The land usage right can be purchased by one of the three means -- contract, bidding and auction. Any land purchased by such means can be transferred, subleased and secured as agreed in the contract on condition that all the required application, permission, registration and taxation are completed. The current regulation prescribes a maximum land usage duration of no more than 70 year for residential purpose; 50 years for industry, education, technology, culture, hygiene and sports; 40 years for commerce, travel and entertainment; and 50 years for a combined or comprehensive functions. The granting contract is renewable except that it is otherwise conditioned or it is in conflict with the city planning. The present authorities over the land usage right granting are leveled
as the following:
Employee Recruitment: As stated in LABOUR LAW OF PEOPLE'S REPUBLIC OF CHINA and A REGULATION FOR EMPLOYMENT OF FOREIGN-CAPLITAL ENTERPRISES, foreign-capital enterprises have the right to decide for their company structures and employment needs as necessary of their operations. They also have the right to recruit their own employees by applying to a variety of legal agents including human resource organizations, recruitment fairs and advertising on the media. The recruitment of employees from foreign countries, Hong Kong, Taiwan and Macao requires permission and certificates from the labor office of the local government. Salary: Under A TEMPARORY REGULATION OF SALARY AND INCOME IN THE FOREIGN-CAPITALEMTERPRISES, the enterprise decides the Salary system, salary level and bonus and stipends in line with the national and local minimum salary standards. The increase of the average salary of the employees is based on the development of the enterprise. The company's annual return, productive rate and the prices index of local consumer goods are the factors for the board of directors or the enterprise to take into consideration for the payroll. Insurance and Beneficiaries: Foreign-capital enterprises are supposed to participate in the social insurance systems of pension, unemployment, medical care, injury and childbirth through regular and adequate payment to the insurance agencies as required by law. And also employees are supposed to pay the required amount for their pension, medical care and unemployment insurances. In addition to the insurances above, there are housing fund, professional training, stipends and legal holidays. Working Hours: Foreign-capital enterprises implement China's current working hour system, 8 hours per day and 40 hours per week. With the permission from the labor bureau, the enterprises can operate on a non-standard working hour system, e.g. irregular working hours and the payment on the total working hours, if the enterprises cannot apply to the standard working hours as a result of the production reason. |
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