Newly Released Incentive Provisions for Encouraging Foreign Investment in Chongqing Chapter 1 Taxation

Article 1

For sectors, which are encouraged by the state to receive foreign investment, only 15% of the corporate income tax may be levied for 3 years following the expiration of the currently stipulated tax exemption period.

Article 2

The income tax imposed on the incomes from technical transfer,R & D, consultancies, technical service of foreign-invested enterprises, R & D institutions or foreign individuals can be exempted, subject to the approval of the State Taxation Bureau, Income tax can be levied at 10% of the normal rate on the incomes of foreign enterprises from their provision of patent technology covering areas of R & D, energy development, traffic development, agriculture, forestry, husbandry and rest of important technical development, and may even be exempted for those with favorable conditions or those which have advanced technology, subject to the approval of the State Taxation bureau.

Article 3

In case that R & D expenses of foreign-invested enterprises increase by over 10%(inclusive of 10%)of the same of last year, 50% of the actually incurred R & D expenses of a same year is allowed to off-set the corporate income tax of the year, subject to the approval of taxation authorities.

Article 4

In case that a foreign-invested enterprise, within its total volume of investment purchases Chinese made equipment and in case that such equivalent equipment will be also duty free if imported, the total VAT associated with such a Chinese made equipment shall be returned, and an off-set to corporate income tax shall also be effected.

Article 5

Preferential deed taxes available for local employees shall also apply to foreign-invested enterprises in the event of their purchase of houses for employees.

Article 6

Preferential tax exemptions as stipulated Chongqing's Preferential Policies for Encouraging Employments shall also apply to foreign-invested enterprises recruiting local laid-off workers or the unemployed for a period of 3 years, according to the employed numbers.



Chapter 2 Financial Management


Article 7

In the event of a foreign-invested enterprise seeking financing support, foreign shareholders guarantee can accepted by Chinese commercial banks, loans in RMB can be extended by designated Chinese commercial banks handling foreign currencies to foreign-invested enterprises upon mortgage in foreign curreney.

Article 8

A foreign-invested enterprise is allowed to mortgage its overseas assets in the overseas branches of Chinese commercial banks in PRC, and the loan shall be provided by Chinese commercial banks inside PRC or their overseas branches.

Article 9

Qualified foreign-invested enterprises are allowed to issue stock A or stock B.

Article 10

Foreign investment in energy and traffic sectors as encouraged by the state may be provided with performance insurance and guarantee insurance on a positive and prudent basis.

Article 11

Restrictions on foreign currencies of foreign-invested enterprises resulting from non-trading shall be relaxed.

Article 12

Special Foreign & Economy loans available for state-owned foreign trade companies shall be extended properly to cover foreign-invested enterprise to enable more export.
Chapter 3 Land and Housing

Article 13

Foreign-invested enterprises that obtain the land-use right on a let out basis is free of land-use fee.

Article 14

70% of the first 5 years rent can be returned to the foreign-invested enterprises that have obtained the land-use right on a rent basis.

Article15

In the event of a merge or take-over of state-owned enterprises by foreign-invested enterprises and on condition that the employees of the state-owned enterprises are properly settled,the applicable incentive policies to restructuring of state-owned enterprises shall also apply to foreign-invested enterprises in addition to the favors given to the land-use.

Article 16

Land-use fees shall be exempted for foreign-invested enterprises participating in economical residential constructions.

Article 17

50%or 100% of the land-use fees paid by the foreign-invested enterprises that have entered Chongqing Top 50 Enterprises may be returned for the same year, subject to the approval of municipal government.

Article 18

Land may be arranged by Chongqing Economic & Technical Development Zone and Chongqing High & New Technology Development Zone for those foreign-invested enterprises that are located inside the zones covering public utilities and the state encouraged sectors.


Chapter 4 Import & Export
Article 19

Advantageous projects of Chongqing with foreign investment as approved by the state will enjoy the preferential policies as defined in A Guided Catalogue of Sectors for Foreign Investment. For such project, import of equipment for their own use, accessories and spare parts which are not available in PRC or which do not have the required technical specifica shall be duty and VAT free.

Article 20

For already established foreign-invested enterprises which are in the Encouraged Project or in Restricted Project Grade 2, R & D centers, advanced technology-oriented enterprises and export-oriented enterprises,import of equipment auessories and spare parts which are not available in PRC or which do not have the required technical specifications shall be duty and VAT free provided that the import is for the purpose of technical renovations in line with their approved scope of business.

Article 21

R & D organizations set up by foreign-invested enterprises are allowed to import within their total investment volume equipment, technology accessories and spare parts which are not available in PRC or which do not have the required technical specifications on a duty and VAT free basis.
Chapter 5Means of Investment & SAIC Registration

Article 22

In case that a domestic enterprise is taken over by foreign companies and the name of the taken enterprise is required to stay the same, the registration authority will direct handle the procedure of the enterprise being changed from domestic nature to a foreign-invested nature.

Article 23

Qualified Chinese individuals are allowed to join in the joint ventures or co-operative ventures.

Article 24

The maximum amount of foreign investment that is made in manner of technology may reach over 35% of the total registered capital, subject to mutual consent and assessment of relevant authorities.

Article 25

Foreign enterprises investing in local state-owned enterprises shall enjoy the preferential policies of both foreign-invested enterprises and state-owned enterprises, Chinese partners are allowed to use their premises, buildings equipment, intellectual property, materials and their own capitals, as well as the designated financing for technical renovation as means of investmetn.

Chapter 6 Charges

Article 26

The transport, accommodation, medical treatment, schooling ,tourist and shopping of foreigners in Chongqing are all as same as Chinese citizens.

Article 27

In case that foreign-invested enterprises would need country side collective owned land for construction of high-tech, infrastructure and public utility projects inside Chongqing Economic & Technical Development Zone and Chongqing High & New Technology Zone, the Extra charge on road construction may be exempted subject to the approval of Chongqing Government.

Article 28

Foreign-invested educational organizations and internation al shools in Chongqing shall enjoy the same preferential policies applicable to local schools, their schooling charges are to be made according to their own cost of running ,all fees are exempted.


Chapter 7 Exit & Entrance
Article 29

Foreigners, HK Macao and Taiwan Patriots who are in Chongqing for investment and business including their family members may obtain a residence card or visa that is valid between 1-5 years.

Article 30

Foreigners with tourist visa who are visiting Chongqing for investment, technial & cultural exchanges or who are recruited as senior managers will be allowed for change of visa.

Article 31

Foreigners working in state-owned enterprises and foreign-invested enterprises will be allowed for a 1-year multiple re-entry visa if agreed by the enterprises the applicant is working for.

Article 32

On special cases foreigners without a visa entering China via Chongqing Jangbei Int¡¯s Airport for business, technical & cultural exchanges are allowed for a visa upon arrival within Chongqing¡¯s scope of authority.

Article 33

Foreigners who have made special contributions to Chongqing may be given a permanent residential right, enabling them to be free of extensions or verifications for their stay in China, they are entitled to apply for a 5-year valid multiple visa and their family members may also be allowed to stay in Chongqing with them.

Article 34

Taiwan patriots who are investing in Chongqing and the senior managers who are working in Chongqing are allowed for a multiple visa or longer stay provided that their traveling passport are valid.


Chapter 8 & Miscellaneous

Article 35

Project with investment of foreign-invested enterprises shall be treated as foreign-invested enterprises if the investment reaches over 25%.

Article 36

Foreign-invested enterprise in coastal areas is allowed to come to operate foreign-invested enterprises and domestic enterprises in Chongqing on a contracting basis.

Article 37

Sectors for foreign investment, conditions for setting up foreign enterprises and proportion of foreign investment in foreign-invested enterprise shall be further relaxed, details to be publicized later.

Article 38

Trials for foreign investment shall be made in the service sectors or intermediary agencies in the areas of finance, commerce, insurance, telecom, foreign trade, transport, tourism, education hospital, accreditation and inspection authorities.

Article 39

Project which is encouraged for foreign investment and which does not need general considerations and co-ordinations to the state can be approved by local government without restrictions of the total investment volume.

Article 40

The Exit & Entrance Inspection Authorities shall stop inspections, evaluations of the equipment imported by wholly foreign-owned enterprises,a record system shall be implemented instead, no compulsory inspections shall be imposed on the evaluations.

Article 41

In case that a technical achivement brought in by foreign investors is effectively utilized in Chongqing and proved to be of significance to the development of Chongqing, special discounted financing support shall be provided and the foreign investors who have contributed to this achievement will be awarded with a title of "onored citizen of Chongqings'y Chongqing Government according to law."

Article 42

Place of accommodation for foreigners will be just approved once being recorded instead of the past rules that such places would be strictly assessed before operations.

Article 43

Correspongding preferential policies shall be applied to foreign-invested enterprises whose manufacturing is located outside of Economic & Technical Development Zone for better utilization of resources while their assembly, sales, registration and tax paying happen inside the zones.

Article 44

Vehicles registrations shall be administered separately for foreign representation offices, foreign-invested enterprises,as well as units outside of Chongqing, A separate service counter shall be set up respectively in Chongqing Vehicle
Administration Office, Wanzhou Vehicle Administration Office. Qianjiang Vehicle Administration Office, Fuling Vehicle Administration Office, as well as the rest of branch offices.
Registrations shall be dealt with in a responsible manner and be completed at once if the documentation of the applicant is complete and corrtect.

Article 45

The above incentive provisions come to effect from 1 July 2000, and is governed by the state laws.




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