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Notice of the State Council on Several Measures for Promoting Growth of Foreign Investment [Effective]
国务院关于促进外资增长若干措施的通知 [现行有效]

Notice of the State Council on Several Measures for Promoting Growth of Foreign Investment 


(No. 39 [2017] of the State Council) (国发〔2017〕39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:
Vigorously utilizing foreign investment is a major content of China's opening-up strategy. As the current economic globalization shows new characteristics, China is facing new situations and tasks in utilizing foreign investment. Relevant matters are hereby announced as follows for purposes of deepening the supply-side structural reform, advancing the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services, further making China's foreign investment environment more law-oriented, internationalized and facilitating, promoting the expansion of foreign investment, and improving the quality of utilization of foreign investment: 积极利用外资是我国对外开放战略的重要内容。当前经济全球化呈现新特点,我国利用外资面临新形势新任务。为深化供给侧结构性改革,推进简政放权、放管结合、优化服务改革,进一步提升我国外商投资环境法治化、国际化、便利化水平,促进外资增长,提高利用外资质量,现将有关事宜通知如下:
I. Further reducing restrictions on foreign investment access   一、进一步减少外资准入限制
(1) Fully implementing the pre-access national treatment plus negative list administration system. Foreign investment negative lists which have been implemented in pilot free trade zones on a trial basis shall be promoted across the country as soon as possible, and the opening degree, transparency and regulation of the investment environment shall be further enhanced. (The National Development and Reform Commission and the Ministry of Commerce shall be responsible) (一)全面实施准入前国民待遇加负面清单管理制度。尽快在全国推行自由贸易试验区试行过的外商投资负面清单,进一步增强投资环境的开放度、透明度、规范性。(国家发展改革委、商务部负责)
(2) Further expanding the scope of opening-up of market access. The opening of manufacturing of special-purpose vehicles and new energy vehicles, ship design, repair of regional airliners and utility aircrafts, international maritime transport, rail passenger transport, gas stations, business premises for the Internet access services, calling centers, performance brokerage, banking industry, securities industry, and insurance industry to foreign investment shall be continuously advanced, and the timetable and road maps of the opening shall be specified. (The Publicity Department of the CPC Central Committee, the Office of the Central Leading Group for Cyberspace Affairs, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Transport, the Ministry of Commerce, the Ministry of Culture, the People's Bank of China, the China Banking Regulatory Commission, the China Securities Regulatory Commission, the China Insurance Regulatory Commission, the National Railway Administration, the Civil Aviation Administration of China, and the China Railway Corporation shall be responsible according to the division of duties) (二)进一步扩大市场准入对外开放范围。持续推进专用车和新能源汽车制造、船舶设计、支线和通用飞机维修、国际海上运输、铁路旅客运输、加油站、互联网上网服务营业场所、呼叫中心、演出经纪、银行业、证券业、保险业对外开放,明确对外开放时间表、路线图。(中央宣传部、中央网信办、国家发展改革委、工业和信息化部、交通运输部、商务部、文化部、人民银行、银监会、证监会、保监会、国家铁路局、中国民航局、中国铁路总公司按职责分工负责)
II. Making fiscal and tax supporting policies   二、制定财税支持政策
(3) Encouraging overseas investors to constantly expand their investment in China. Where the profit is distributed by a resident enterprise in China to an overseas investor who directly invests it in an investment project, which is in the encouragement category and is in conformity with specified conditions, the project shall be entitled to the deferred tax payment policy and be provisionally exempt from withholding tax. (The Ministry of Finance and the State Administration of Taxation shall be responsible according to the division of duties) (三)鼓励境外投资者持续扩大在华投资。对境外投资者从中国境内居民企业分配的利润直接投资于鼓励类投资项目,凡符合规定条件的,实行递延纳税政策,暂不征收预提所得税。(财政部、税务总局按职责分工负责)
(4) Bringing into play the positive role of foreign investment in optimizing the structure of trade in services. The qualified technologically advanced service enterprise income tax incentives in service outsourcing demonstration cities shall be promoted across the country, and more foreign capital shall be guided into high-technology, high value added services. (The Ministry of Finance, the Ministry of Commerce and the State Administration of Taxation, among others, shall be responsible according to the division of duties) (四)发挥外资对优化服务贸易结构的积极作用。将服务外包示范城市符合条件的技术先进型服务企业所得税优惠政策推广到全国,引导外资更多投向高技术、高附加值服务业。(财政部、商务部、税务总局等按职责分工负责)
(5) Promoting the combination of utilization of foreign investment with outbound investment. With respect to qualified income remitted to China by China's resident enterprises (including the regional headquarters of transnational corporations) from overseas, relevant tax supporting policies shall be researched and issued. (The Ministry of Finance and the State Administration of Taxation shall be responsible according to the division of duties) (五)促进利用外资与对外投资相结合。对我国居民企业(包括跨国公司地区总部)分回国内符合条件的境外所得,研究出台相关税收支持政策。(财政部、税务总局按职责分工负责)
(6) Encouraging transnational corporations to invest in and establish regional headquarters in China. All regions shall be supported in issuing in accordance with the laws and regulations policies and measures attracting regional headquarters of transnational corporations, including funding support, so as to vigorously participate in the adjustment of global industry structure. (All provincial-level people's governments shall be responsible) (六)鼓励跨国公司在华投资设立地区总部。支持各地依法依规出台包括资金支持在内的吸引跨国公司地区总部的政策措施,积极参与全球产业格局调整。(各省级人民政府负责)
(7) Promoting the relocation of foreign investment into western China and old industrial bases in northeast China. The role of existing fiscal grants shall be fully brought into play, and the building of national development zones (including economic and technological development zones, high and new tech development zones and areas under special customs supervision, and the same rule applies hereinafter) in western China and old industrial bases in northeast China in the fields such as science and technology innovation, ecological and environmental protection, and public service shall be supported vigorously, in order to improve the business attraction environment, better the quality of investment introduction, and take over high-level relocated manufacturing industry. (The Ministry of Science and Technology, the Ministry of Finance, the Ministry of Commerce and the General Administration of Customs shall be responsible according to the division of duties) (七)促进外资向西部地区和东北老工业基地转移。充分发挥现有财政资金作用,积极支持西部地区及东北老工业基地的国家级开发区(含经济技术开发区、高新技术产业开发区、海关特殊监管区域等,下同)科技创新、生态环保、公共服务等领域建设,改善招商环境,提升引资质量,承接高水平制造业转移。(科技部、财政部、商务部、海关总署按职责分工负责)
...... ......

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