4. Foreign Investment Policies and Legislation

(1) List of Foreign Investment Policies and Legislation Recently Published in Beijing  

       Opinions of the Beijing Municipal CPC Committee and Beijing Municipal People’s Government on Invigorating Beijing’s Modern Manufacturing Industry (No. 3, Jingfa 2003)

       Circular issued by the General Affairs Offices of the Beijing Municipal People’s Government on Methods to Award Senior Personnel in Foreign-Funded Enterprises in Beijing for Purchase of Housing and Cars (No. 7, Jing Zhengban Han, 2003-1-31

       Circular on Exemption of Individual Income Tax for Senior Personnel in Foreign-Funded Enterprises in Beijing as an Award for Purchase of Housing (No. 1233, Jing Caishui 2003; 2003-7-14)

       Notice on Import of Vehicles by Foreign-Invested Enterprises for their Own Use (Issued by the Beijing Municipal Economic and Trade Commission, 2003-8)

       Methods for Franchised Operations of Urban Infrastructure Facilities in Beijing (Order No. 134 of the Beijing Municipal People’s Government, 2003-8-28)

Provisional Methods of Beijing Municipality for Arrangements for Laid-Off Personnel Resulting from Merger of State-Owned Industrial Enterprises by Overseas Investors and Domestic Private Economic Organizations (Jing Zhengban No. 49, 2003; 2003-9-30)

       Circular of the Beijing Municipal People’s Government on Circulation of the Provisional Methods of Beijing Municipality for Arrangements for Laid-Off Personnel Resulting from Merger of State-Owned Industrial Enterprises by Overseas Investors and Domestic Private Economic Organizations (Jing Zheng No. 21, 2003; 2003-9-30)

       Circular on Some Questions Concerning Strengthening of the Examination and Approval of Foreign-Invested Enterprises and Relevant Services (Jing Fagai No. 586, 2004; 2004-4)

 （2）List of Policies and Legislation Recently Published by the State

 Comprehensive

      Provisional Regulations Concerning Acquisition by Foreign Investors of Enterprises in China (Order of the PRC Ministry of Foreign Trade and Economic Cooperation, State Administration of Taxation, State Administration for Industry and Commerce, and State Administration of Foreign Exchange, No. 3 2003, 2003-3-7)                                                  

Regulations Concerning Administration of Investment Start-up Enterprises by Foreign Investors (Order of the PRC Ministry of Foreign Trade and Economic Cooperation, Ministry of Science and Technology, State Administration for Industry and Commerce, and State Administration of Foreign Exchange, No. 2, 2003; 2003-1-30)                                                               

PRC Foreign Trade Law (Effective on Order No. 15 issued by the PRC president, 2004-4-6)

 Industrial Policies

      Circular on Circulation of the Ministry of Construction Circular on Administration over the Qualifications of Foreign Investors in Foreign-Funded Construction Enterprises (Jiang Shi No. 73, 2003; 2003-4-8)

Supplementary Regulations on Administration Over Foreign-Invested Construction Enterprises (Order No. 121, PRC Ministry of Construction and Ministry of Commerce, 2003-12-19)

Supplementary Regulations for Regulations Concerning Foreign-Invested Construction Engineering Design Enterprises (Order 122, PRC Ministry of Construction and Ministry of Commerce; 2003-12-19)

Circulation of the Ministry of Construction on Circulation of the Provisional Regulations on Administration over Foreign Enterprises Engaging in Construction Design Activities in the People’s Republic of China (Jian Shi 2004, No. 78; 2004-5-10)

Supplementary Regulations for Regulations Concerning Administration over Foreign-Invested Urban Planning and Service Enterprises (Order 123, PRC Ministry of Construction and Ministry of Commerce; 2003-12-19)

Supplementary Regulations for the Methods of Administration Over Foreign-Invested International Cargo Transport Enterprises (Order 12 of 2003, Ministry of Commerce, 2003-12-7)

Supplementary Regulations for the Methods of Administration Over Foreign Investment in Road Transport (Order No. 12, Ministry of Communications and Ministry of Commerce, 2003-12-31

       Regulations of Administration Over Foreign Investment in International Shipping (Order No. 1 of 2004, Ministry of Communications and Ministry of Commerce; 2004-2-25)

       Provisional Regulations Concerning Foreign Investment in Cinemas (Order No. 21, State Administration of Radio, Film and Television, 2003-11-25)

Regulations of Administration Over Foreign-Invested Advertising Enterprises (Order No. 8, State Administration for Industry and Commerce, and Ministry of Commerce; 2004-3-2)

Regulations of Administration Over Foreign-Invested Enterprises for Redistribution of Books, Newspapers and Periodicals (Order No. 18, PRC State Press and Publication Administration and Ministry of Foreign Trade and Economic Cooperation, 2003-3-17)

       Regulations of Administration Over Sino-Foreign Cooperative Enterprises in Redistribution of Audiovisual Products (Order No. 28, Ministry of Culture and Ministry of Commerce; 2004-2-9)

       Methods of Administration Over Foreign Investment in Commerce (Order No. 8 of 2004, PRC Ministry of Commerce, 2004-4-16)

 Foreign Exchange Administration

  Circular of the State Administration of Foreign Exchange on Circulation of the Methods for Handling Overdue Cancellation of Foreign Exchange Receipts and Payments in Import and Export (Hui Fa No. 40 of 2003; 2003-3-13)

       Circular of the State Administration of Foreign Exchange on Methods for Reporting Large and Suspicious Sums in Foreign Exchange (Hui Fa No. 42 of 2003; 2003-3-18)

        Circular of the State Administration of Foreign Exchange on Revoking the Transitional Policy Measures for Administrative Examination and Approval of Some Items under Capital Account (Hui Fa No. 50 of 2003; 2003-4-3)

       Circular of the State Administration of Foreign Exchange on Some Questions Concerning Adjusting the Policies toward Current Account for International Contract Projects (Hui Fa No. 90, 2003; 2003-8-5)

       Circular of the General Affairs Department of the State Administration of Foreign Exchange on Foreign Exchange Control Over QFII (Hui Zong Fa No. 124 of 2003; 2003-9-9)

Circular of the State Administration of Foreign Exchange on Circulation of the Methods for Foreign Exchange Control in Border Trade (Hui Fa No. 113 of 2003; 2003-9-22)

       Circular of the State Administration of Foreign Exchange on Matters Concerning Improvement in Annual Foreign Exchange Inspection for Foreign-Invested Enterprises (Hui Fa No. 7 of 2004; 2004-2-18)

       Circular of the State Administration of Foreign Exchange on Readjusting the Rates for Use of Foreign Exchange under Current Account (Hui Fa No. 23 of 2004; 2004-3-30)

       Circular of the State Administration of Foreign Exchange on Improving the Examination of Foreign Exchange Account Settlement for Foreign-Invested Enterprises and Registration of Foreign Debts (Hui Fa No. 42 of 2004; 2004-5-17)

 Finance, Insurance and Securities Trading

Circular on Conditions for Trading of Securities Issued by Companies Acquired under Acquisition Contracts (Zhengjian Gongsi No. 16 of 2003; 2003-5-20)

       Methods for Administration for Financial Licensing (Order No. 2 of 2003, China Banking Supervisory Commission; 2003-5-31)

       Circular of the General Affairs Offices of the Ministry of Commerce and State Assets Management Committee on Some Matters Concerning the Procedures for Transfer of State-Held Securities by Listed Companies to Foreign Investors and Foreign-Invested Enterprises (Shang Zi No. 1 of 2004; 2004-1-21)

       Detailed Rules for Implementation of the Regulations of Administration Over Foreign-Funded Insurance Companies (Order No. 4 of 2004, China Insurance Supervisory Commission; 2004-5-13)

 Industry and Commerce – Establishment of Enterprise

 

       Provisional Methods for Establishment of Sino-Foreign Joint Venture Foreign Trade Companies (Order No. 1 of 2003, PRC Ministry of Foreign Trade and Economic Cooperation; 2003-1-31)

       Supplementary Regulations for the Provisional Methods for Establishment of Sino-Foreign Joint Venture Foreign Trade Companies (Order No. 10 of 2003, PRC Ministry of Commerce; 2003-12-7)

       Regulations Concerning Establishment of Investment Companies by Foreign Investors (Order No. 2 of 2004, Ministry of Commerce; 2004-2-13

Methods for Administration Over Establishment of Export Purchase Centres by Foreign Investors (Order of PRC Ministry of Commerce, General Administration of Customs, State Administration of Taxation and State administration of Foreign Exchange; 2003-11-17)

Provisional Regulations Concerning Establishment of Conference/Exhibition Enterprises by Foreign Investors (Order No. 1 of 2004, Ministry of Commerce; 2004-1-13)

       Provisional Regulations Concerning Administration over Sino-Foreign Joint Venture Intermediary Agencies of Human Resources Development (Order No. 2 of 2003, Ministry of Personnel, Ministry of Commerce and State Administration for Industry and Commerce; 2003-9-4)

Provisional Regulations Concerning Foreign-Controlled and Wholly Foreign-Owned Tourist Agencies (Order No. 19 of 2003, PRC National Administration of Tourism and Ministry of Commerce; 2003-6-12)

 Taxation

 

       Circular of the Ministry of Commerce, State Administration of Taxation and General Administration of Customs on Tax Policies toward the 29^th Olympic Games (Cai/Shui No. 10 of 2003; 2003-1-22)

       Circular of the State Administration of Taxation on Taxation on Handling of Assets by Foreign-Invested and Foreign-Owned Enterprises (Guoshui Fa No. 3 of 2003; 2003-1-7)

Circular of the State Administration of Taxation on Tax Matters Involving Foreign-Invested Enterprises with Foreign Parties Holding 25 Percent or Smaller Stake (Guoshui/Han No. 422 of 2003; 2003-4-18)

       Circular on Tax Matters for Acquisition of Stock Rights from Domestic Enterprises by Foreign Investors (State Administration of Taxation, 2003-5-28)

       Circular of State Administration of Taxation on Matters Related to Payment of Corporate Income Tax by Foreign Investors in Start-up Investment Companies (Guoshui Fa No. 61; 2003-6-4)

 

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