46¡¢
Shall foreign-invested enterprises be evaluated
by relevant departments before non-monetary
investment?
47¡¢ Which kinds of taxes shall
a foreign investment enterprise be involved
in?
48¡¢ Is there any limit on
the proportion of domestic distribution
for the foreign-invested enterprises?
49¡¢ What are the regulations
on the export & import of cargo and
technology?
50¡¢ What are the relevant
regulations for the service trade of enterprises?¡¡
51¡¢ Can foreign-invested enterprises
get tax reimbursement in product exporting?
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46. Should foreign-invested
enterprises be evaluated by relevant departments
before non-monetary investment?
Shareholders can invest either with monetary
fund or with physical assets, industrial
property right, non-patent technology or
land-use rights. Value of those materials
can be either negotiated by both parties
involved or evaluated by designated professional
assets evaluation institutions or accountant
office. Evaluation of land-use rights should
be in accordance with law and administrative
statutes. After shareholders finish the
investment contribution, a verification
and report thereafter shall be made by a
Chinese certified public accountant or the
relative organization.
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47. Which kinds
of taxes shall a foreign investment enterprise
be involved in?
Generally the following several kinds of
taxes are closely related with the foreign-invested
enterprises: income tax to foreign-invested
enterprises and foreign enterprises, VAT,
sales tax, consumption tax, land value increment
tax, urban housing and land tax, and license
tax for vehicle & ship.
The employees of foreign-invested enterprises
shall pay the individual income tax.
The foreign-invested enterprises engaged
in the export and import business shall
pay the customs duty.
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48. Is there
any limit on the proportion of domestic
distribution for the foreign-invested enterprises?
For the production that is restricted by
non-quota or license, the proportion of
domestic & abroad distribution shall
be defined and adjusted by the enterprises
according to the market demand.
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49. What are
the regulations on the export & import
of cargo and technology?
The free export & import of cargo and
technology is allowed, however, that with
additional regulation in law and administrative
statute is excluded.
The free export & import of technology
should be registered in Shenzhen Bureau
of Trade and Industry.
For following causes, the export & import
of relevant cargo and technology can be
circumscribed or prohibited; According to
this regulation, Ministry of Commerce jointly
with other relevant departments under the
State Council can adjust and publicize the
catalogue of cargo and technology to be
circumscribed or prohibited in export &
import.
A. Those to be circumscribed or prohibited
in export & import for the sake of national
security, public interest or public morality.
B. Those to be circumscribed or prohibited
in export & import for the protection
of human health or safety, life or health
of animals or plants.
C. Those to be circumscribed or prohibited
in export & import for implementing
of measures on the export & import of
gold and silver.
D. Those to be circumscribed or prohibited
in export & import due to the domestic
shortage of certain natural resources or
for the effective protection of them.
E. Those to be circumscribed in export due
to the limited market capacity of the target
countries or regions.
F. Those to be circumscribed in export due
to the severe disorder in export management.
G. Those to be circumscribed in import for
the establishment or earlier establishment
of domestic special service industries.
H. Those to be circumscribed in import for
the sake of agricultural, husbandry or fishery
products in any forms.
I. Those to be circumscribed in import for
the international financial status of the
country and the balance of international
receipt and disbursement.
J. Others to be circumscribed or prohibited
in import or export according to the regulations
of laws and administrative statutes.
K. Others to be circumscribed or prohibited
in import or export according to the regulations
of international accords or protocols China
enters into or joins in.
For the cargoes circumscribed in export
& import, they can be managed by means
of quota or license, etc. For the technologies
circumscribed in export & import, they
can be managed by means of license. For
some kinds of cargoes for export & import,
they can be managed by means of custom quota.
The attestation, examination and quarantine
of the export & import goods shall be
made in a unified evaluation system on commodity
qualification.
The state shall implement the origin management
to the imported and exported cargoes.
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50. What are the
regulations on the service trade of enterprises?
For following causes, the relevant international
service trade can be circumscribed or prohibited.
According to the regulations of relevant
laws and administrative statutes, Ministry
of Commerce and other relevant departments
can regulate, constitute, adjust and publicize
the market admittance catalogue for international
service trade.
A. Those to be circumscribed or prohibited
for the sake of national security, public
interest or public morality.
B. Those to be circumscribed or prohibited
for the protection of human health or safety,
life or health of animals or plants.
C. Those to be circumscribed for the establishment
or earlier establishment of domestic special
service industries.
D. Those to be circumscribed for the balance
of foreign exchange receipt and disbursement.
E. Others to be circumscribed or prohibited
according to the regulations of laws and
administrative statutes.
F. Others to be circumscribed or prohibited
according to the regulations of international
accords or protocols China enters into or
joins in.
G. For the international service trades
that are related to military affairs, fissional
materials, fissional materials or those
derived from them, any necessary measures
can be taken to protect the national security.
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51. Can foreign-invested
enterprises get tax reimbursement in product
export?
Foreign-invested enterprises, if their export
products conform to the relevant national
regulations, can enjoy the policy of export
tax reimbursement.
Notes: To avoid lengthiness and for convenience
for readers consulting relevant information,
the answers given in this handbook integrate
the relevant articles in different laws,
statutes and policies, and make some compilation
to the original texts. This handbook only
provides reference for the investor and
can¡¯t be taken as the official legal document
quotation.
References: Relevant policies & statutes
The Company Law of the People¡¯s Republic
of China
Law of the People¡¯s Republic of China on
Enterprises with Foreign Capital
Law of the People¡¯s Republic of China on
Chinese-Foreign Equity Joint Ventures
Law of the People¡¯s Republic of China on
Chinese-Foreign Contractual Joint Ventures
Provisional Regulations on Certain Issues
Concerning the Establishment of Companies
Limited by Shares with Foreign Investment
Law of the People¡¯s Republic of China on
Income Tax to Foreign-invested enterprises
and Foreign Enterprises
Rules for Implementing of the Law of the
People¡¯s Republic of China on Income Tax
to Foreign-invested enterprises and Foreign
Enterprises
Interim Provisions for the Administration
of Drawback in Purchase of Home-Made Equipments
of Foreign-invested enterprises
Measures for the Administration on Foreign
Investment in Commercial Fields
Suggestions on the Promotion of Chain Operation
Suggestions on the Development of Modern
Logistics in Shenzhen
Suggestion on the Development of Modern
Trade Circulation Industry
Regulations of the People¡¯s Republic of
China on Administration of Foreign-Funded
Financial Institutions
Rules for implementing of the Regulations
of the People¡¯s Republic of China on Administration
of Foreign-Funded Financial Institutions
Regulations of the People¡¯s Republic of
China on Administration of Foreign-Funded
Insurance Companies
Law of the People¡¯s Republic of China on
Securities Investment Fund
Measures for the Administration of Securities
Investment Fund Companies
Policies on Encouragement of Development
of Software and Integrate Circuit Industries
Policies of Shenzhen City on Encouragement
of Development of Software Industry
Circular on the Relevant Issues Concerning
the Experimental Establishment of Logistics
Enterprises with Foreign Investment
Regulations on Administration of Foreign
Investment in Road & Transportation
Industry and Supplementary Provisions
Circular on the Further Opening of Investment
in Road & Transportation Industry
Regulations on Administration of Foreign
Investment in International Ocean Transportation
Circular on the Relevant Issues Concerning
the Experimental Establishment of Logistics
Enterprises with Foreign Investment
Measures for the Administration of International
Cargo Transportation Agency Enterprises
with Foreign Investment and Supplementary
Provisions
Measures for the Administration of Export
Purchase Centers with Foreign Investment
Regulations on Administration of Establishment
of Investment Companies with Foreign Investment
Provisional Regulations on Administration
of Residence Representative Offices of Foreign
Enterprises
Regulations of the People¡¯s Republic of
China on Administration of Registration
of Companies
Foreign Trade Law of the People¡¯s Republic
of China
Ordinance of the Minimum Wage in Shenzhen
Special Economic Zone
Decisions on Perfection of Regional Innovation
System and Promotion of the Continuing Booming
of Hi-tech Industry
Ordinance of the Initial Investment in Shenzhen
Special Economic Zone
Provisions Concerning the Encouragement
of the Hatcher Development of Science &
Technology Enterprises
The Trade Union Law of the People¡¯s Republic
of China
Ordinance of the Minimum Wage in Shenzhen
Special Economic Zone
Ordinance of the Social Endowment Insurance
for Enterprise Employees in Shenzhen Special
Economic Zone
Provisions of the Franchised Operation of
Public Utilities in Shenzhen City
Provisions Concerning the Investment Contribution
by Various Parties to Chinese-Foreign Equity
Joint Ventures and Supplementary Provisions
Circular on the Relevant Issues Concerning
the Further Enhancing of Administration
of Examination, Approval and Registration
of Enterprises with Foreign Investment
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