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Notice of the State Council on Certain Measures for Actively and Effectively Utilizing Foreign Investment to Promote Quality Economic Development [Effective]
国务院关于积极有效利用外资推动经济高质量发展若干措施的通知 [现行有效]
【法宝引证码】

Notice of the State Council on Certain Measures for Actively and Effectively Utilizing Foreign Investment to Promote Quality Economic Development 

国务院关于积极有效利用外资推动经济高质量发展若干措施的通知

(No. 19 [2018] of the State Council) (国发〔2018〕19号)

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: 各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
The utilization of foreign investment is an important part of China's basic national policy of opening up and the building of a new open economic system. To date, China's economy has shifted from a high-speed growth stage to a quality development stage, and the utilization of foreign investment has been confronted with new situations and new challenges. For the purposes of implementing the decisions and arrangements of the CPC Central Committee and the State Council on promoting the formation of a new pattern of comprehensive opening up, carrying out a high-level investment liberalization and facilitation policy, being benchmarked against international advanced standards, creating a more fair, transparent, facilitating, and attractive investment environment, maintaining China's status as the main destination of foreign investment in the world, further boosting the steady growth of foreign investment, and achieving quality opening up to stimulate quality economic development, the relevant matters are hereby notified as follows: 利用外资是我国对外开放基本国策和构建开放型经济新体制的重要内容。当前我国经济已由高速增长阶段转向高质量发展阶段,利用外资面临新形势新挑战。为贯彻落实党中央、国务院关于推动形成全面开放新格局的决策部署,实行高水平投资自由化便利化政策,对标国际先进水平,营造更加公平透明便利、更有吸引力的投资环境,保持我国全球外商投资主要目的地地位,进一步促进外商投资稳定增长,实现以高水平开放推动经济高质量发展,现将有关事项通知如下:
I. Significantly relaxing market access and raising the level of investment liberalization   一、大幅度放宽市场准入,提升投资自由化水平
1. Fully implementing the pre-access national treatment plus negative list administration system. The special management measures (negative lists) for the access of foreign investment across the country and in free trade pilot zones shall be revised before July 1, 2018, benchmarked against internationally accepted rules, so as to comprehensively raise the level of opening up and promote reform, development, and innovation by opening up. With respect to fields not on the negative lists, no authority or region may specially limit the access of foreign investment. (The National Development and Reform Commission and the Ministry of Commerce shall take the lead, and all relevant authorities and all provincial people's governments shall be responsible according to the division of labor based on duties) (一)全面落实准入前国民待遇加负面清单管理制度。2018年7月1日前修订出台全国和自由贸易试验区外商投资准入特别管理措施(负面清单),与国际通行规则对接,全面提升开放水平,以开放促改革、促发展、促创新。负面清单之外的领域,各地区各部门不得专门针对外商投资准入进行限制。(发展改革委、商务部牵头,各有关部门、各省级人民政府按职责分工负责)
2. Steadily further opening up the financial industry. The restrictions on the establishment of foreign-funded financial institutions shall be relaxed, the scope of business in China of foreign-funded financial institutions shall be expanded, and the fields for cooperation between Chinese and foreign financial markets shall be broadened. The rules relating to Qualified Foreign Institutional Investors (QFII) and RMB Qualified Foreign Institutional Investors (RQFII) shall be revised and improved, and a qualified foreign investor system that is open, transparent, easy to operate and risk-controllable shall be established and improved, so as to attract more long-term overseas funds to be invested in domestic capital markets. The construction of crude oil futures markets shall be vigorously advanced, and the introduction of overseas traders to participate in the trading in futures such as iron ore shall be actively forwarded. The reform of the regulation of overseas listing shall be deepened, qualified domestic enterprises shall be supported in going public overseas, and it shall be advanced in a sound and orderly manner that the unlisted shares of overseas listed companies are listed and traded in the overseas market. Foreign financial institutions shall be supported in participating more in the underwriting of local government bonds. (The Ministry of Finance, the Ministry of Commerce, the People's Bank of China, the China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission shall be responsible according to the division of labor based on duties) (二)稳步扩大金融业开放。放宽外资金融机构设立限制,扩大外资金融机构在华业务范围,拓宽中外金融市场合作领域。修订完善合格境外机构投资者(QFII)和人民币合格境外机构投资者(RQFII)有关规定,建立健全公开透明、操作便利、风险可控的合格境外投资者制度,吸引更多境外长期资金投资境内资本市场。大力推进原油期货市场建设,积极推进铁矿石等期货品种引入境外交易者参与交易。深化境外上市监管改革,支持符合条件的境内企业到境外上市,稳妥有序推进在境外上市公司的未上市股份在境外市场上市流通。支持外资金融机构更多地参与地方政府债券承销。(财政部、商务部、人民银行、银保监会、证监会按职责分工负责)
3. Continuing to advance the opening up of the service industry. The restrictions on the access of foreign investment in transport, trade logistics, professional services, and other fields shall be canceled or relaxed. The stress testing in respect to the opening up of telecommunications, culture, tourism, and other fields within pilot free trade zones shall be intensified. (The Publicity Department of the CPC Central Committee, the Office of the Central Cyberspace Affairs Commission, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Transport, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Grain and Reserves Administration, and other relevant authorities shall be responsible according to the division of labor based on duties) (三)持续推进服务业开放。取消或放宽交通运输、商贸物流、专业服务等领域外资准入限制。加大自由贸易试验区范围内电信、文化、旅游等领域对外开放压力测试力度。(中央宣传部、中央网信办、发展改革委、工业和信息化部、交通运输部、农业农村部、商务部、文化和旅游部、粮食和储备局等有关部门按职责分工负责)
4. Deepening the opening up of agriculture, mining and manufacturing. The restrictions on the access of foreign investment in the seed industry and other agricultural fields; coal, non-metallic minerals, and other mining fields; and vehicles, ships, aircrafts, and other manufacturing fields shall be canceled or relaxed. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Natural Resources, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, and other relevant authorities shall be responsible according to the division of labor based on duties) (四)深化农业、采矿业、制造业开放。取消或放宽种业等农业领域,煤炭、非金属矿等采矿业领域,汽车、船舶、飞机等制造业领域外资准入限制。(发展改革委、工业和信息化部、自然资源部、农业农村部、商务部等有关部门按职责分工负责)
II. Deepening the reform of simplification of administrative procedures, devolution of powers, combination of devolution and regulation, and optimization of services and improving investment facilitation 小词儿都挺能整  二、深化“放管服”改革,提升投资便利化水平
5. Continuing to advance the reform of simplification of administrative procedures, devolution of powers, combination of devolution and regulation, and optimization of services in the foreign investment field. The establishment or modification of a foreign-funded enterprise with a total investment of less than USD1 billion on a negative list for the access of foreign investment shall be subject to the approval and administration by the provincial people's government. Local governments shall be supported in carrying out pilot reforms of the reform of relatively centralized administrative licensing power. "One-window processing" of the commercial filing and commercial and commercial registration of foreign-funded enterprises in fields not on the negative lists shall be promoted across the country. (The Ministry of Commerce, the State Administration of Market Regulation, and other relevant authorities and all provincial people's governments shall be responsible according to the division of labor based on duties) (五)持续推进外资领域“放管服”改革。外商投资准入负面清单内投资总额10亿美元以下的外商投资企业设立及变更,由省级人民政府负责审批和管理。支持地方政府开展相对集中行政许可权改革试点。在全国推行负面清单以外领域外商投资企业商务备案与工商登记“一口办理”。(商务部、市场监管总局等有关部门、各省级人民政府按职责分工负责)
6. Improving the facilitation of use of funds by foreign-funded enterprises. The management of the cash pools shall be further simplified, and banks shall be allowed to review authentic and legal electronic documents and transact centralized foreign exchange payment-on-behalf and receipt-on-behalf and payment and net settlement business. The conditions for filing of enterprises launching pilot programs of centralized operation and management of foreign exchange funds of multinational corporations shall be relaxed. Multinational enterprise groups shall be supported in transacting RMB two-way cross-border cash pooling business. (The People's Bank and the State Administration of Foreign Exchange shall be responsible according to the division of labor based on duties) (六)提高外商投资企业资金运用便利度。进一步简化资金池管理,允许银行审核真实、合法的电子单证,为企业办理集中收付汇、轧差结算业务。放宽企业开展跨国公司外汇资金集中运营管理试点备案条件。支持跨国企业集团办理跨境双向人民币资金池业务。(人民银行、外汇局按职责分工负责)
7. Enhancing the facilitation of foreign talents working in China. The issuance of support policies shall be researched, and it shall be ensured according to the law that foreign talents working in China enjoy basic public services. Foreign talents of whom enterprises registered in China, in line with the national support orientation, are in urgent need shall be provided with more convenient foreigner work permit management services. The pilot program of "all-in card" services for high-end foreign talents shall be actively advanced, and the procedures for processing work permits shall be further streamlined. (The Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Human Resources and Social Security, the State Administration of Foreign Experts Affairs, and other relevant authorities shall be responsible according to the division of labor based on duties) (七)提升外国人才来华工作便利度。研究出台支持政策,依法保障在华工作外国人才享有基本公共服务。为符合国家支持导向的中国境内注册企业急需的外国人才提供更加便利的外国人来华工作许可管理服务。积极推进外国高端人才服务“一卡通”试点,进一步简化工作许可办理程序。(外交部、司法部、人力资源社会保障部、外专局等有关部门按职责分工负责)
8. Enhancing the facilitation of entry and exit of foreign talents. A foreign talent, employed by an enterprise registered in China, who meets the conditions as provided in the measures for the implementation of foreign talent visas, may apply for a talent visa, valid for five to ten years, allowing multiple entry, and with the duration of each stay not exceeding 180 days, by recognition of high-end foreign talent, to a Chinese embassy, consulate or any other overseas institution authorized by the Ministry of Foreign Affairs, be exempt from visa fees and urgent fees, and receive the visa within two working days. (The Ministry of Foreign Affairs, the State Administration of Foreign Experts Affairs, and other relevant authorities shall be responsible according to the division of labor based on duties) (八)提升外国人才出入境便利度。中国境内注册企业选聘的外国人才,符合外国人才签证实施办法规定条件的,可凭外国高端人才确认函向驻外使馆、领馆或者外交部委托的其他驻外机构申请5-10年有效、多次入境,每次停留期限不超过180天的人才签证,免除签证费和急件费,可在2个工作日内获发签证。(外交部、外专局等有关部门按职责分工负责)
III. Strengthening investment promotion and improving or raising the quality and level of introduced investment   三、加强投资促进,提升引资质量和水平
9. Optimizing the direction of foreign investment. Foreign investment, advanced technology, and management experience shall be vigorously attracted, foreign investors shall be supported in participating in the construction of the free trade port in Hainan in all aspects, and the pioneering role of pilot free trade zones in the aspects of expanding opening up and attracting foreign investment shall be enhanced. (The Ministry of Commerce shall take the lead, and the member entities of the Inter-Ministerial Joint Meeting for Pilot Free Trade Zone Work of the State Council shall be responsible according to the division of labor based on duties) Foreign investors shall be guided in investing more in modern agriculture, ecological construction, advanced manufacturing, and modern services and in central and western China. The tax policies for tax credits with respect to overseas income of enterprises, overseas investors directly investing domestic profits, and technologically advanced service enterprises shall be further executed. (The National Development and Reform Commission, the Ministry of Finance, the Ministry of Commerce and the State Administration of Taxation shall be responsible according to the division of labor based on duties)
......
 (九)优化外商投资导向。积极吸引外商投资以及先进技术、管理经验,支持外商全面参与海南自由贸易港建设,强化自由贸易试验区在扩大开放吸引外资方面的先行先试作用。(商务部牵头,国务院自由贸易试验区工作部际联席会议成员单位按职责分工负责)引导外资更多投向现代农业、生态建设、先进制造业、现代服务业,投向中西部地区。进一步落实企业境外所得抵免、境外投资者以境内利润直接投资以及技术先进型服务企业的税收政策。(发展改革委、财政部、商务部、税务总局按职责分工负责)
......

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