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Policy on Foreign Investment
I. Attracting Direct Foreign Investment
The focus of China's utilization of foreign funds is to attract
direct foreign investment. The policy finds expression primarily
in the following:
It is necessary to further optimize the structure of industries
seeking foreign investment. Emphasis is placed on encouraging
foreign investment to flow to agriculture, high- and new-tech
industries, basic industries, infrastructure, the environmental
protection industry and export-led industries. Positive efforts
are being made to guide foreign investment to flow to the technological
upgrading of traditional industries and old industrial production
centers. Work continues to be done to expand labor-intensive projects
complying with the industrial policy. Projects that jeopardize
national security or damage social and public interests, pollute
the environment and disrupt the ecology are strictly prohibited.
It is imperative o continue expanding foreign investment areas.
Efforts are being made to open wider competitive industries to
overseas investors and increase the scale of utilizing foreign
investment in petrochemical and building industries. It is necessary
to attract foreign investment in a differentiated and selected
manner to develop and utilize mineral resources. Efforts are being
made to promote step by step the opening of service trade to the
outside world; active efforts are being made to try out the utilization
of overseas funds in the development of tourism resources and
water transport; work is being done to expand the scale of experiments
in opening up in domestic commerce, foreign trade and travel agencies;
efforts are being made to open wider accounting and legal consulting
service sectors and air transport and agent business; and work
is being done to make experiments in opening up financial and
telecommunications sectors in a step-by-step and controlled way,
while establishing a perfect and effective supervisory mechanism.
It is necessary to improve the regional layout of foreign investment.
Efforts are being made to continue to exhibit the advantages of
the eastern region in opening up and utilizing foreign funds,
aid the region in vigorously expanding capital- and technology-intensive
industries and export-oriented industries, and actively guide
and encourage foreign investment to flow to the central and western
region.
It is imperative to energetically attract investment from developed
countries and regions, including North America, Japan and EU.
Vigorous efforts are being made to adopt internationally accepted
multiple foreign investment forms, and continue the experiments
in establishing the companies Ltd. involving foreign investment,
undertaking projects specially designated for overseas investors
and using projects' operational authority or proceeds right to
introduce foreign funds, and promptly formulate and improve relevant
laws and regulations. Energetic efforts are being made to continue
expanding processing trade and compensation trade. It is necessary
to implement the system under which a bank opens a separate and
special account number for imported materials and parts for processing
trade. It is necessary to encourage large and medium-sized state-owned
enterprises to take various forms to utilize foreign funds for
their asset reorganization, so as to improve their managerial
efficiency. Bidding invitation and tendering bids are being adopted
to encourage foreign-financed enterprises to use Chinese-built
equipment. It is imperative to formulate and improve relevant
laws and regulations to permit small state-owned enterprises and
collectively-owned enterprises to establish joint ventures and
cooperative businesses with foreign companies or to be sold to
overseas companies, and permit private enterprises to introduce
foreign funds.
It is necessary to positively guide the investment of trans-national
companies and open wider the domestic market to the rest of the
world. It is necessary to promote in a selected manner cooperation
between large state-owned enterprises with trans-national companies,
encourage Chinese companies to cooperate with trans-national companies
in establishing research and development centers or in forming
a complete set of system. Efforts are being made to give full
scope to the role of existing laws and policies concerning the
utilization of foreign funds, in order to advance the sound development
of existing foreign-funded enterprises.
It is imperative to further improve the hard investment environment,
and stepping up construction of infrastructure such as energy,
transportation and public utilities in urban areas, while energetically
improve the soft investment environment.
In accordance with the state industrial policy and the policy
on foreign funds, high-quality large and medium-sized state-owned
enterprises will be selected to be listed on the international
securities market. While trying to make a success of the enterprises
listed in Hong Kong, efforts are being made to explore other international
securities markets.
II. Industrial Direction Guidance
To guide the direction of foreign investment, to enable the direction
of overseas investment to suit the plan for China's national economic
and social development and to help protect legitimate rights and
interests of overseas investors, the Chinese government, in line
with the requirements of the industrial policy, released on June
20, 1995, the "Provisional Regulations on Guiding the Direction
of Foreign Investment" and the "Guidance Catalog for
Industries Seeking Foreign Investment." In December of 1997,
it also revised the "Guidance Catalog for Industries Seeking
Foreign Investment" and expanded the scope of foreign investment
encouraged by the state.
The "Guidance Catalog for Industries Seeking Foreign Investment"
serves as the basis for guiding examination and approval of foreign-financed
projects. Foreign-financed projects fall into four categories,
namely, the categories of encouragement, permission, restriction
and ban. Foreign-financed projects under the categories of encouragement,
restriction and ban are included in the "Guidance Catalog
for Industries Seeking Foreign Investment." Foreign-financed
projects other than the three categories fall under the category
of permission. Foreign-funded projects under this category are
not included in the "Guidance Catalog for Industries Seeking
Foreign Investment."
III. Regional Direction Guidance
China's opening-up endeavor began first in the eastern coastal
region, and moved to interior regions gradually in phases and
tiers. The eastern region enjoys a fairly favorable investment
environment and many preferential policies. That is why most reform
measures were initiated in the eastern region, which is home to
the five special economic zones, 14 coastal open cities and the
Pudong New Area in Shanghai. So, to date, the overwhelming majority
of overseas-funded enterprises have been established in the region.
In contrast, foreign companies have launched fewer investment
projects in China's central and western region.
In recent years, with the strategic focus of China's economic
development shifting gradually westward, the Chinese Government
has formulated relevant policies on assistance regarding the central
and western region, vigorously increased investment in the region,
and speeded up construction of infrastructure such as water conservancy,
transport and telecommunications there. Meanwhile, it has been
encouraging foreign companies to invest in the region. These policies
are as follows:
-- Foreign companies are being encouraged to invest in infrastructure
construction and agricultural projects in the region. As regards
investors in infrastructure projects such as energy and transport
ones in the region and agricultural projects encouraged by the
state, in accordance with the tax laws and with approval by authorities,
the enterprise income tax shall be levied and collected at a reduced
rate of 15%.
-- Foreign companies are being encouraged to invest in the central
and western region. All provincial capital cities (capitals of
autonomous regions) of interior provinces pursue the same policies
as the coastal open cities. The conditions on approving projects
which fall under the category of restriction in coastal areas
or projects whose set ratio of foreign companies' stock rights
is subject to restriction and on the degree of the market openness,
appropriate relaxation can be made in the central and western
region. Efforts are being made to encourage and attract labor-intensive
projects in the coastal areas to move to the central and western
region. If foreign-funded enterprises in coastal areas to re-invest
in the central and western region, provided the ratio of foreign
investment exceeds 25%, they can enjoy the same treatment as foreign-funded
enterprises. for the areas and projects in which the state permits
experiments, the central and western region can in principle proceed
simultaneously with the eastern region.
-- Foreign companies are being encouraged to carry out technological
upgrading of military enterprises shifting to production of civilian
goods. With respect to the projects involving the establishment
of joint ventures between foreign companies and backbone state-owned
enterprises in the central and western region, if they involve
the projects which fall under the category of restriction in the
"Guidance Catalog for Industries Seeking Foreign Investment"
or the projects whose ratio of foreign companies' stock rights
are restricted, restrictions can be relaxed appropriately, and
necessary assistance will be granted in utilizing foreign loans,
the allocation of domestic supporting funds, preferential loans
and the financial refunding.
-- Foreign companies are being encouraged to participate in developing
mineral and tourism resources and related industries in the central
and western region, and to undertake crop cultivation, aquatic
breeding and animal husbandry projects with special characteristics.
-- Foreign companies are being encouraged to join hands with
enterprises in coastal areas in establishing Sino-foreign joint
ventures in the central and western region.
Although the central and western region is relatively backward,
it enjoys an enormous development potential.
In the first place, the potential in developing resources. China's
major mineral, energy and primary products all come from the central
and western region. Northeast China, north China, the Yellow River
Valley and the Jianghan Plain are the best-known granaries in
China. A considerable part of water, land, heat and solar energy
resources in Xinjiang and the Hexi Corridor in Gansu has not been
developed or utilized fully. Coal in Shanxi Province, Shaanxi
Province, the Inner Mongolia Autonomous Region, Henan Province
and Anhui Province, hydropower in Yunnan, Guizhou and Sichuan
provinces, and nonferrous metals, precious metals, petroleum and
natural gas in northwest China all have enormous reserves and
are of great value of development. A great many cultural relics
along the Yellow and Yangtze rivers, the Silk Road in northwest
China, beautiful mountains and rivers and scenery of ethnic minority
areas in southwest China, well-known mountains and rivers in Hunan,
Anhui and Jiangxi Provinces are world-famous tourist sites.
Second, the potential of the industrial foundation. The central
and western region has had a certain industrial basis. The petrochemical
and power equipment manufacturing industries in northwest China,
the textile industry in Shaanxi and Henan provinces, the metallurgical
and automobile industries in Hubei Province, the machine-building
and electronic industries in Sichuan Province and the tobacco
industry in Yunnan Province are vital to China. In the 1960s and
1970s, China carried out large-scale construction the "Third
Line" (military factories) by undertaking a number of basic
industrial and military projects in southwest China. Since China
initiated reforms and opening up, "Third Line" enterprises
have made great progress in shifting to production of civilian
goods.
Third, the potential of labor and human resources. Labor costs
in the central and western region are comparatively low. Large
numbers of agricultural laborers in some densely-populated areas
in the central region need to shift to the non-agricultural sector
at present and in the future. Although the educational quality
of the population in the central and western region is, on the
whole, lower than that of the population in the eastern region,
some areas in which universities, colleges and research institutes
are concentrated or which have a solid industrial foundation,
such as Wuhan in Hubei, Changsha in Hunan, Xi'an in Shaanxi, Hefei
in Anhui, Chengdu in Sichuan and Chongqing, have large numbers
of technical and managerial personnel.
Fourth, the market potential. The central and western region
makes up about 60% of China's population. With economic growth
and the increase in earnings of residents, potential market demand
in the region will be enormous. A number of central cities are
backed by a vast hinterland, with their markets extending far
and wide.
Fifth, the potential in expanding trade with neighboring countries.
The central and western region shares a land border line of tens
of thousands of km with ten-plus countries. Many of the countries
have been pursing the policy of economic restructuring and increasing
trade in recent years. The region enjoys a unique advantage in
enhancing economic and trade relations with these countries. The
tentative plan being discussed for the establishment of a new
Asia-Europe bridge economic belt will push forward economic cooperation
between ten provinces and autonomous regions (including eight
in the central and western region) in China's eastern, central
and western regions and Central Asia and Europe. The plan for
cooperation and development in the Mekong River Valley will help
accelerate the development of hydropower resources in China's
southwestern region. The Tumen River cooperation and development
plan will enable Heilongjiang and Jilin provinces to bring their
comparative advantages into full play and expand their export-led
economy. The central and western region enjoys bright prospects
in economic and trade cooperation with neighboring countries.
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