中国外商投资指引(2021版)(英文版)
中国外商投资指引(2021版)(英文版)
中国外商投资指引(2021版)(英文版)
Foreword
In November 2020, Chinese President Xi Jinping stated in the keynote speech at the 3rd China
International Import Expo that "China will stay committed to openness, cooperation and unity for
win-win results. We will steadfastly expand all-round opening-up and explore more efficient ways to
connect domestic and foreign markets and share factors of production and resources. Our aim is to
turn the China market into a market for the world, a market shared by all, and a market accessible to
all. In this way, we will be able to bring more positive energy to the global community." In June 2021,
at the National Teleconference for Deepening the Reforms to "Streamline Administration, Delegate
Powers, Improve Regulation and Strengthen Services" and Striving to Foster and Stimulate the Vitality
of Market Players, Premier Li Keqiang noted, "No matter how the international environment may
change, we should unswervingly open wider to the outside world, make better use of both domestic
and international markets and resources, and forge new advantages in international cooperation and
competition."
China has stayed committed to the fundamental national policy of opening-up; will adopt
policies to promote high-standard liberalization and facilitation of trade and investment; will
implement the "pre-establishment national treatment and negative list management" system across
the board; will open up more sectors of the economy in a more thorough fashion; will relax rules
for foreign investment in manufacturing, services, agriculture, and other sectors; will protect the 01
legitimate rights and interests of foreign investors; will foster an enabling market environment in
which all companies, Chinese and foreign, are treated as equals and engaged in fair competition.
With such efforts, the country can continue to improve its attractiveness to foreign investors.
Since the beginning of 2020, to effectively respond to the COVID-19 pandemic and stabilize the
fundamentals of foreign trade and investment, China has introduced a range of policies to bail
out enterprises facing difficulties and to offer tremendous support to market entities of all kinds,
including enterprises with foreign investment, as they resume work. China, as a pathfinder for
effective pandemic prevention and control across the world, has also been a frontrunner in resuming
production and restoring normalcy. Meanwhile, China has put the new Foreign Investment Law and
its Implementation Regulations into effect. It has released two revised negative lists, one for pilot free
trade zones and one for the rest of the country. It has also established the Hainan Free Trade Port,
added three new members (Beijing, Hunan and Anhui) to the group of pilot free trade zones, and
relaxed control over market access for services such as finance. As the actual national use of foreign
capital rises, bucking the trends, China has become a haven of transnational investment.
To build a more transparent business environment and facilitate trade and investment, the
Department of Foreign Investment Administration and the Investment Promotion Agency revised
and updated the Foreign Investment Guide of the People's Republic of China based on the edition
compiled last year. The Guide, composed of five chapters - "Meeting China," "Investing in China,"
"The Legal System for Foreign Investment in China," "Procedures for Business Operation", and
"Foreign Nationals in China", with newly-added latest policies and measures, including the Outline
of the 14th Five-Year Plan (2021-2025) for National Economic and Social Development and the Long-
Range Objectives Through the Year 2035, laws and regulations, updates in data, procedures for
business operation, and directory of institutions, and adjustments to part of the language - will be
simultaneously released in Chinese and English, online and offline, to comprehensively introduce
the international market-oriented and law-based business environment of China. It is hoped that the
Guide will be helpful for foreign enterprises and investors.
Editorial Board of the Foreign Investment Guide of the People's Republic of China
November 2021
Contents
986515 1015986
1000000 919281
832036 15.0
800000 746395
600000 10.0
6.8 6.9 6.7
6.0
400000
5.0
200000 2.3
0 0.0
2016 2017 2018 2019 2020
GDP YoY Growth
3. The "three bases and one corridor" in Xinjiang: national bases for large-scale oil and gas production and storage, for coal
production, thermal power generation and coal chemical industry, and for wind power generation, as well as the national
energy and resources corridor.
and snow tourism belt, so as to develop and build high-level platforms for inland
a new industrial structure for balanced provinces to open to the outside world.
development and competitive advantages. Leading Development of the
China will implement measures more Eastern Region: China will give full play
attractive to talent and deepen paired to the advantages of the eastern region
cooperation with the eastern region. in bringing together innovative factors
The Rise of Central China: Central and help the region to make faster
China includes six provinces - Shanxi, breakthroughs in innovation. China will
Anhui, Jiangxi, Henan, Hubei, and Hunan, move faster to foster world-class advanced
which together cover an area of 1.028 manufacturing clusters, spearhead the
million square kilometers. China will step development of emerging industries
up efforts to build important and advanced and modern services sectors, improve
manufacturing bases, improve the ability the output efficiency of production
of independent innovation in key areas, factors, and take the lead in upgrading
build a highland for inland provinces to industries. China will ensure the region
open to the outside world, and consolidate can participate in international economic
the ecological and green development cooperation and competition at a higher
model. China will strive for bigger and level, create new advantages in opening-
stronger advanced manufacturing, build up, and take the lead in establishing a
mid-to-high-end industrial clusters along system for an all-round open economy.
12 the Yangtze River and along the Beijing- China will support Shenzhen to build a
Guangzhou, Lanzhou-Lianyungang , pilot demonstration area of socialism with
and Beijing-Kowloon railway lines, and Chinese characteristics, Pudong to build a
actively undertake the deployment and pioneer area for socialist modernization,
transfer of emerging industries. China will and Zhejiang to build a demonstration
promote the coordinated development zone for promoting common prosperity.
of city clusters in the middle reaches China will further promote the
of the Yangtze River, accelerate the development of the comprehensive pilot
development of Wuhan and Changsha- zone to replace old economic growth
Zhuzhou-Xiangtan metropolitan area, and drivers with new ones in Shandong
make them important growth poles in Province.
China. China will build up the foundation
for grain production, keep up efforts to 1.3.6 Carbon Peak and Carbon
improve the comprehensive benefits Neutrality
and competitiveness of agriculture, At the general debate of the 75th
and accelerate the development of session of the United Nations General
modern agriculture. China will make Assembly on September 22, 2020, Chinese
coordinated efforts to protect and restore President Xi Jinping pledged that China
the environment and strive to build the would scale up its Intended Nationally
shields for ecological security. China will Determined Contributions by adopting
support the inter-connected development more vigorous policies and measures, to
of the upper and lower reaches of have CO2 emissions peak before 2030 and
the Huaihe River and Hanjiang River achieve carbon neutrality before 2060.
ecological economic belts, accelerate the The Outline of the 14th Five-Year Plan
construction of corridors for opening-up, states that "China will make sustained
efforts to achieve the goal of scaling reaching the peak of carbon emissions.
up its Intended Nationally Determined China will promote clean, low-carbon, safe
Contributions and formulate an action and efficient use of energy, and further
plan to reach the peak of carbon emissions promote the transformation of industry,
by 2030. We will improve the dual control construction, transportation, and other
system of total energy consumption and sectors towards low-carbon development;
intensity with a focus on controlling fossil increase efforts to control methane,
energy consumption. China will implement hydrofluorocarbons, perfluorocarbons,
a system that focuses on carbon intensity and other greenhouse gases; increase
control supplemented by total carbon the carbon sink capacity of ecosystems;
emission control, and support the key and step up efforts to achieve carbon
industries and enterprises in places where neutrality by 2060 by adopting even more
conditions permit to take the lead in robust policies and measures."
13
2. Investing in China
4. 2020 Statistical Bulletin on the Development of the Civil Aviation Industry of the Civil Aviation Administration of China (CAAC)
10,000 tons and above, including 2,138 production above a designated scale grew
coastal ports. steadily throughout the year as reliable
■ Land Transportation Network safeguards for energy supply and safety.
The ever-advancing networks of ■ Ample and Reliable Power
railways and roadways in China form a Supply Capacity
multi-layered traffic network extending in In 2020, a total of 7,779.06 billion
all directions. kilowatt-hours of electricity was generated
(1) Railways. By the end of 2020, across China, a year-on-year increase
China's rail network had grown to 146,000 of 3.7%. The generating capacity of
kilometers, road density reaching 152.3 thermal power increased by 2.1% year
kilometers per 10,000 square kilometers. on year, that of hydropower increased
Annual passenger volume reached 2.203 by 3.9% year on year, and that of nuclear
billion trips and passenger turnover power increased by 5.1% year on year.
reached 826.619 billion person-kilometers. The generating capacity of renewable
China is one of the few countries in the energy reached 2.2 trillion kilowatt-hours,
world equipped with high-speed railways, accounting for 29.5% of the total public
leading in high-speed rail construction electricity consumption. Adequate power
with operational high-speed rail mileage capacity and reliable power supply are
increasing every year. In 2020, the figure strong guarantees for enterprise operation
reached 38,000 kilometers. and development.
(2) Highways. By the end of 2020, the ■ Stable Water Supply 15
total mileage of highways in China had China actively promotes water
reached 5,198,100 kilometers and the conservancy development. So far, China
density 54.15 kilometers per 100 square has built 98,112 reservoirs of various
kilometers. The mileage of expressways types, with a total capacity reaching 898.3
had reached 161,000 kilometers. In 2020, billion cubic meters.5
China's road passenger turnover was ■ Stable Gas Market
464.101 billion person-kilometers; its road In 2020, China generated 188.8 billion
freight turnover stood at 6,017.185 billion cubic meters of gas, a year-on-year increase
ton-kilometers. The rapid development of 9.8%, marking the fourth consecutive
of road infrastructure has significantly year with an increased production over
improved road traffic capacity, transport 10 billion cubic meters. To ensure a stable
efficiency, and logistics development. gas market, Chinese oil and gas companies
are striving to optimize the domestic
2.1.2 Stable and Ample Energy distribution of gas, coordinate and expand
Supply the import of natural gas, improve facilities
In 2020, the industry and supply for gas transmission and storage, and
chain in the energy industry was basically promote connectivity of the pipe network.
sta b l e . E n e rg y p ro d u c e rs a c t i ve l y
promoted the resumption of work and 2.1.3 Rich Natural Resources
production against the adverse impact China abounds in natural resources.
of the pandemic. The industrial energy With respect to mineral resources, 173
8. This section does not cover all the rules in the tax law. Moreover, in practice, due to possible changes in laws and regulations,
it is recommended that enterprises immediately consult professional service agencies on whether or not to take an action.
Enterprises are categorized as resident and submitted in advance, either monthly
or non-resident enterprises. Resident or quarterly, and final settlement shall be
enterprises refer to enterprises established carried out at the end of the year.
within Chinese territory in accordance (2) Individual Income Tax
with the law of China or those established On January 1, 2019, China established
in accordance with the law of foreign a comprehensive and classified individual
countries (or overseas regions) with income tax system that is fairer and more
actual management bodies in China. Non- scientific than its predecessor. It has
resident enterprises refer to enterprises clarified the definition of and criteria for
established in accordance with the law “resident individual”, adjusted taxable
of foreign countries (or overseas regions) income items, optimized the structure of
with actual management organs outside tax rates, raised basic deduction levels
China but with other establishments or for the income tax, cancelled additional
sites within China, or those enterprises deductions, set up special expense
without establishments or sites within deductions, adjusted the tax reporting
China but have incomes obtained from system, set up the credit mechanism,
China. The statutory tax rate for resident and introduced the anti-tax avoidance
enterprise income obtained both clause for individuals. An individual who
within and outside Chinese territory is has a residence in Chinese territory, or
25%. For non-resident enterprises that one who does not have a residence in
50 have establishments or sites within Chinese territory but has resided in China
Chinese territory, the statutory tax rate for 183 days or more within a tax year,
of 25% applies to the income of those is a “resident individual”. The income
establishments or sites obtained within of resident individuals, both obtained
the Chinese territory, as well as to the within and outside the territory of China,
income obtained from outside Chinese is subject to the individual income tax in
territory but in actual relation to the accordance with the law. An individual
establishments or sites within China. who does not have a residence in Chinese
For non-resident enterprises that have territory and has not resided in China,
no establishment or site inside China, or or one who does not have a residence in
that have establishments or sites inside Chinese territory but has resided in China
China but whose incomes have no actual for fewer than 183 days within a tax year,
relation to those establishments or sites is a “non-resident individual”. The income
within China, it shall pay enterprise of non-resident individuals obtained
income tax on the incomes derived from within the territory of China is subject to
China at a statutory rate of 20% (with an the individual income tax in accordance
actual discount of 10% due to preferential with the law. The tax year begins on
policies) (a lower tax rate agreed upon January 1 and ends on December 31 of
or tax exemption under applicable the Gregorian calendar. Comprehensive
tax treaties, if any, shall be enforced). income is subject to a seven-level
Corporate income tax is calculated progressive tax rate in excess of specific
according to the tax year, beginning on amounts ranging from 3% to 45%;
January 1 and ending on December 31 business income is subject to a five-level
of the Gregorian calendar. Payments of progressive tax rate in excess of specific
corporate income tax shall be declared amounts ranging from 5% to 35%; income
from interests, dividends, bonuses, the VAT on imports. The assessable periods for
lease of property, the transfer of property, VAT payment are one day, three days, five
and contingent income is subject to a days, ten days, fifteen days, one month
proportional tax rate of 20%. (A lower tax or one quarter. From 2017 to 2019, China
rate agreed upon or tax exemption under introduced a series of reform measures
applicable tax treaties, if any, shall be and supporting policies to reduce VAT
enforced). rates and simplify the rate structure,
For foreign nationals, the following including input deductions for domestic
categories of income are temporarily passenger transport services, additional
exempted from the individual income tax: deductions for production and consumer-
(1) stock dividends and bonuses obtained oriented services, and a pilot incremental
from foreign-invested enterprises; (2) retention VAT rebate system.
wages and salaries that are paid to foreign (4) Tariffs
experts in accordance with relevant China Customs imposes tariffs on
regulations in China; (3) optionally, foreign goods and articles imported to and
persons who qualify as resident individuals exported from China. Tariff payers include
may apply for tax exemptions on housing the consignees of imported goods, the
subsidies, language training fees, child consignors of goods for export, and the
education expenses, etc. alternatively, owners of inbound and outbound articles.
they may opt to enjoy special expense Regarding import tariffs, in recent years
deductions from the individual income tax China has taken the initiative to introduce 51
from January 1, 2019, to December 31, a series of new measures to reduce
2021. Regarding item (3), once a foreign import tariffs. In 2018, China proactively
national chooses one or the other, he/she reduced the MFN import tariff rate,
may not change that decision within the making substantial tax reductions on
tax year. Then, effective January 1, 2022, pharmaceuticals, automobiles and auto
individual foreign nationals will no longer parts, high-demand consumer goods,
be entitled to exemption from taxes on and certain industrial products. Since
housing subsidies, language training fees, January 1, 2020, China has implemented
or child education expenses, and will enjoy a provisional import tax rate that is lower
special expense deductions in accordance than the MFN import tariff rate on over
with relevant regulations. 850 commodities.
(3) Value-added Tax (VAT) (5) Consumption Tax
On May 1, 2016, China’s business O rga n i za t i o n s a n d i n d i v i d u a l s
tax was altogether replaced by the value- engaged in the production, consigned
added tax (VAT). Those subject to the VAT p ro c e s s i n g a n d i m p o r t o f ta xa b l e
include organizations and individuals that consumer goods within the territory of
sell goods, provide processing, repair, the People's Republic of China, as well as
replacement and marketing services, other organizations and individuals selling
manage intangible assets or real estates, taxable consumer goods determined
or import goods within the territory of by the State Council, are the taxpayers
the People's Republic of China. There are responsible for paying consumption tax
three value-added tax rates, 13%, 9%, and in accordance with the law. Commodities
6%. For small-scale taxpayers, the VAT rate subject to the consumption tax fall into
is 3%. Customs is responsible for collecting 15 major categories: cigarettes, liquor,
high-end cosmetics, precious stones and These preferential tax policies
jewelry, firecrackers/fireworks, petroleum include:
products, motorcycles, cars, golf balls (1) High-tech enterprises enjoy a
and golf equipment, luxury watches, preferential tax rate of 15%.
yachts, disposable wooden chopsticks, (2) Small, low-profit enterprises enjoy
solid wood flooring, batteries, and paints/ a preferential tax rate of 20%. Where
varnishes. Consumption tax rates are the taxable income is less than RMB 1
either proportional or quota-based. The million and between RMB 1-3 million, the
amount of consumption tax payable shall corporate income tax shall be collected
be calculated by the ad valorem, specific at the reduced rates of 25% and 50%,
tax, or composite method (combining the respectively. From January 1, 2021, to
ad valorem and specific tax methods). December 31, 2022, they may enjoy a
Customs is authorized to collect lower tax rate of 12.5% for the taxable
consumption tax on taxable imported income below 1 million yuan.
consumer goods. Taxpayers importing (3) Effective through December 31,
taxable consumer goods must pay the 2030, enterprises in western China in
applicable taxes within 15 days of the industries designated by the government
issuing of the Customs Consumption Tax for special encouragement shall enjoy a
Pay-In Warrant by Customs. preferential tax rate of 15%.
(4) Starting from the tax year that
52 3.7.2 Preferential Corporate production/operation income is first
Income Tax generated, enterprises engaged in public
At present, a tax system is in effect infrastructure projects with major support
to ensure that "preferential treatment from the government shall enjoy the
is mainly granted to industries, with "three-year exemption and three-year half
regional preferences as a complement." rate" corporate income tax incentive.
Enterprises engaged in agriculture, (5) Enterprises engaged in agriculture,
forestry, animal husbandry, and fishery forestry, animal husbandry, or fishery
projects, public infrastructure projects, projects shall pay corporate income tax at
environmental protection projects, energy a reduced rate or be exempted from it.
conservation projects and water saving (6) Starting from the tax year that
projects corporate income tax exemption production/operation income is first
or reduction; high-tech enterprises are generated, enterprises engaged in eligible
taxed at the reduced rate of 15%; western environmental protection or energy/
China enterprises in industries specifically water conservation projects shall enjoy
encouraged by the government are taxed the "three-year exemption and three-year
at the reduced rate of 15%; small, low- half rate" corporate income tax incentive.
profit enterprises also receive preferential Enterprises purchasing specialized
tax treatment. This Guide focuses on the equipment for environmental protection,
noteworthy preferential tax policies on e n e rg y o r w a t e r c o n s e r va t i o n , o r
foreign investment introduced in China in production safety, 10% of the investment
recent years. Enterprises are advised to in equipment can be deducted from the
refer to specific laws and regulations for tax amount payable.
the preferential tax policies of particular (7) A weighted deduction of 75% of
categories. an enterprise’s R&D expenditures shall
be applied after the actual enterprise 3.7.3 Transfer Pricing
R & D e x p e n d i t u r e i s t a ke n o u t i n In relation to the final achievements
accordance with regulations; where of the Action Plan on Base Erosion
enterprise R&D expenditure generates and Profit Shifting (BEPS) issued by
intangible assets, 175% of the cost of the Organization for Economic Co-
intangible assets shall be amortized. operation and Development (OECD),
Since January 1, 2021, the ratio of t h e S tate Taxat i o n A d m i n i st rat i o n
extra tax deductions on R&D costs of issued its own announcements and
manufacturing firms has been changed management measures. Based on the
to 100%; where R&D expenditure forms tax authorities, taxation practices and
intangible assets, 200% of the cost of technological conditions in the field of
intangible assets shall be amortized. transfer pricing in recent years, the State
(8) Corporate income from Taxation Administration has improved the
technology transfer not exceeding RMB 5 requirements for reporting concurrent
million within a tax year shall be exempted data on associated transactions (including
from the corporate income tax; that which main documents, local documents and
exceeds RMB 5 million shall be taxed at documents on special matters applicable
half of the rate. to certain types of transactions) as well as
(9) Starting from the tax year that requirements for the Country-by-Country
production/operation income is first Reporting Form. When an enterprise
generated, newly founded high-tech meets the conditions for preparing the 53
enterprises located in any of China's five three above-mentioned documents
special economic zones or the Shanghai (including the amount of related party
Pudong New Area shall enjoy a "two- transactions), it shall prepare the relevant
year exemption and three-year half rate" documents and observe regulations on
corporate income tax incentive. the object of exemption, the preparation
(10) Venture capital enterprises deadline, and the submission deadline.
making eligible venture capital The enterprise that meets the
investments can enjoy deduction for conditions should submit an annual
the tax amount payable at a certain report on related transactions before the
percentage of the amount invested. date of the final settlement of corporate
(11) Income from equity investments, income following the end of an accounting
including interest earned from the year. The taxpayer that meets certain
government bonds and stock dividends requirements shall fill in the Country-by-
of resident enterprises, as well as Country Reporting Form. The reporting
certain specified income of non-profit form adopts a form numbering system
organizations, are exempted from the similar to that of the annual corporate
corporate income tax. income tax return. Enterprises are
(12) Foreign investors reinvesting their required to fill in the relevant information.
profits in China are temporarily exempted Chinese tax authorities' special tax
from the withholding income tax. adjustment administration is becoming
(13) Eligible cutting-edge service more comprehensive, real-time and
enterprises across the nation shall pay the dynamic. Proactive risk management will
corporate income tax at a reduced rate of be ramped up, the focus shifted from ex-
15%. post investigation to ongoing analysis such
as associated annual reporting, data from 3.8 Dispute Resolution
the same period, and risk analysis and
assessment, and taxpayers encouraged to
adapt themselves to the shift autonomous The primary ways to resolve
tax payment adjustments. disputes include litigation, arbitration,
and alternative dispute resolution (e.g.,
3.7.4 Tax Conventions mediation and reconciliation). Disputes
China is actively establishing an with administrative organs can be settled
international tax governance system through administrative reconsideration
aligned with China's new opening- and administrative litigation. Mediation is
up landscape. Domestically, China recommended in the process of litigations,
upgrades its international tax system and reconsideration and arbitrations.
tax collection system; internationally, China's court system consists of the
China engages in in-depth global tax Supreme People's Court of the People's
cooperation. As of the end of July 2021, Republic of China, local people's courts at
China's agreements on prevention of various levels (including superior people's
double taxation had covered 111 countries courts, intermediate people's courts, and
and regions. In addition, China has signed basic people's courts), and specialized
three multilateral tax conventions and 10 people's courts (military courts, maritime
tax information exchange agreements. courts, intellectual property courts,
54 The agreements on prevention of financial courts, etc.).
double taxation have played a positive China has a well-established
role in the prevention of double taxation arbitration mechanism. Arbitration
for cross-border taxpayers from both in China is conducted by arbitration
contracting parties, while enhancing committees established in municipalities,
tax certainty, strengthening economic provincial capitals, and other cities
cooperation, promoting bilateral capital, with subordinate districts. The China
technology, and personnel exchanges, and I nte r n at i o n a l Eco n o m i c a n d Tra d e
ramping up tax cooperation. On October Arbitration Commission (CIETAC) and
14, 2019, the State Taxation Administration China Maritime Arbitration Commission
of China released the Administrative (CMAC) are two major standing
Measures for Managing Treaty Benefits to commercial arbitration bodies, well-known
Non-resident Taxpayers, which simplifies both nationally and internationally for its
procedures required for non-resident independence, impartiality, and efficiency.
taxpayers to enjoy treaty benefits.
The measures instate a change from
"submission at the time of declaration"
to "retention for later inspection" ("self-
assessment of eligibility, claiming treaty
benefits, and retaining documents for
inspection"). This modification can
significantly ease the burden on non-
resident taxpayers and withholding agents
throughout the declaration process.
4. Procedures for Foreign Investment
55
4.1.2 Enterprise Modification
Modification to
enterprise registration items
Yes Involves
pre-establishment
approval items
Go through the Materials to be submitted:
procedures for 1. Application form for modification
to registration items;
approval
Submit No 2. Resolution/decision on the
modification to registration items;
3. Other documents required by the
Market regulation competent departments;
administrations Required 4. Revised articles of incorporation
materials or amendment to the articles of
Review incorporation (if applicable);
5. Approval documents for the
Comply with modification to registration items
Yes (if applicable);
provisions of Involves negative
negative list list items 6. Modification report.
No or not
No
Refuse
modification
Other items involved
in the modification of
registration items
Basic information,
Place of operation, financial
investment information,
administrator, accounting Name of the Account-opening
business mergers & divisions,
method, tax officer enterprise documents
enterprise migration,
information, etc.
currency, etc.
Registration complete
4.1.3 Enterprise Information Report
58
4.3 Foreign Exchange
Newly- 1. Written application, with the "Application Form for Filing Basic
List of Information of Domestic Direct Investment" attached;
established Filing basic information
enterprises, or
materials 2. Copy of the business license, or the modified business license;
for foreign-invested 3. Enterprises under the paid-in registered capital registration
foreign acquisition system shall also provide approval documents or other
enterprises
of domestic supporting materials from competent authorities of the
enterprises relevant industry.
59
1. Written application, with the "Operation Filing Certificate"
attached;
Modifications of Registration of 2. Application Form for Filing Basic Information of Domestic
registration items,
List of Direct Investment;
modifications to the 3. The modified business license, unless reissuance is not
including capital increase, materials
basic information of the required, as otherwise provided;
capital reduction, transfer foreign-invested 4. Enterprises under the paid-in registered capital registration
of equity, and change of system shall also provide approval documents or other
enterprise
place of registration supporting materials from competent authorities of the
relevant industry.
Notes:
This procedure is based on the Rules on Handling Complaints of Foreign-Invested Enterprises.
1. "The complainant" refers to foreign-invested enterprises and foreign investors.
2. "Complaints" include:
(a) The Complainant alleges that their legitimate rights and interests have been infringed upon by
the administrative actions of administrative bodies and their staff members;
(b) The Complainant reports issues concerning the investment environment and suggests
improvements of relevant policies and measures to agencies handling complaints.
The complaints do not include applications of the Complainant for coordination to settle civil or
commercial disputes with other natural persons, legal persons, or other organizations.
3. "Agencies Handling Complaints" include:
(a) The National Center for Complaints of Foreign-invested Enterprises;
(b) Departments or institutions designated by local people's governments at and above the county
level that are responsible for accepting complaints of foreign-funded enterprises.
5. Foreign Nationals in China
5.1 Entry and Residence the certain criteria. Foreigners who need
to enter China urgently for humanitarian
reasons, are invited to enter China for
The Exit and Entry Administration urgent business or emergency repair
Law of the People's Republic of China is work, or have other urgent needs, and
applicable to the entry and exit of foreign hold documents that prove the relevant
nationals, as well as their stay and residence departments' approval of applying for port
in China. Visa-issuing authorities in China visas may apply for port visas and enter
are authorized to, according to relevant China.
regulations, determine the type, frequency, Foreign nationals entering China
period of validity, and duration of stay of shall defer to the inspection of the China
visas, reject foreign nationals' applications Immigration Inspection and the health
for visas, or cancel or confiscate issued quarantine of China Customs, go through
visas. the prescribed procedures, and enter China
The National Immigration only upon approval. Foreign nationals
Administration and the Ministry of Foreign carrying animals, plants, or currencies into
Affairs of the People's Republic of China China shall abide by relevant laws of China 61
manage entry and exit affairs in accordance as well as the regulations of the customs
with their respective responsibilities. and financial regulatory authorities. Except
Embassies and consulates of the People's for prohibited items, foreign nationals can
Republic of China in foreign countries and carry a reasonable amount of luggage that
other missions overseas commissioned by is for self-use into China duty free.
the Ministry of Foreign Affairs issue entry Foreign nationals whose visas indicate
visas to foreign nationals. Exit/entry border that they need to apply for residence
inspection authorities shall be responsible permits after entry shall, within 30 days of
for carrying out exit/entry inspections. The entry, apply to the exit/entry administration
stay and residence of foreign nationals of the public security organ under the
in China are managed by public security local people’s government at or above the
organs under local people’s governments county level for residence permits. The
at or above the county level and their exit/ validity period of the residence permit
entry administrations. indicates how long the permit holder can
Chinese visas are categorized as stay in China. Foreign nationals should
diplomatic, courtesy, official, and ordinary. leave China or apply for an extension prior
Ordinary visas come in 12 categories and 16 to the expiration of their visas or residence
types. These are issued to foreign nationals permits. Those who are unable to leave
coming to China for non-diplomatic and China when their visas or residence permits
non-official purposes: work, study, visits, have expired should apply in advance
tourism, business, or as talents invited to to the exit/entry administration under
work in China. Foreign nationals can apply the local public security organ for stay or
for a visa that suits the purpose of their residence. Foreign nationals' residence
visit, or enter China visa-free if they meet permit for work is valid for a minimum of
90 days and a maximum of five years, while the Market Access and Administration
the residence permit for purposes other of Foreign Investment in the Real Estate
than work is valid for a minimum of 180 Market and the Notice of the Ministry of
days and a maximum of five years. Foreign Housing and Urban-Rural Development
nationals who have made prominent and the State Administration of Foreign
contributions to the economic and social Exchange on Further Regulating the
development of China or who meet other Administration on House Purchase by
conditions for permanent residence may Overseas Institutions and Individuals,
apply for permanent residence in China. branches and representative offices set
Foreign nationals who wish to work up by foreign institutions in China (except
in China need to obtain work permits and for companies approved to engage
residence permits for work as required by in real estate businesses) and foreign
relevant regulations. individuals working or studying in China
During the outbreak of the COVID-19 can purchase commercial properties
pandemic, the Chinese government adjusts for personal use based on their actual
its policies on the entry of foreigners needs. Foreign individuals in cities where
in a dynamic manner. It will give full there are policy restrictions on housing
consideration to their reasonable requests purchase shall abide by the local policies
and provide them with necessary support and regulations when purchasing a house.
and assistance. For visa application, Each foreign individual is only allowed to
62 applicants should follow the relevant buy one house for personal use in China.
requirements of Chinese embassies and Overseas institutions with branches or
consulates in foreign countries based on representative offices within the territory
their notices. of China can only purchase non-residential
Passengers traveling to China by air are houses for their offices in cities where
required to provide negative certificates of they are registered.
nucleic acid tests and IgM antibody tests In addition, foreign nationals are
before boarding and should comply with not prohibited from renting out or selling
Chinese regulations on inspection and houses in China.
quarantine as well as pandemic prevention
and control after arriving.
The Chinese government has released 5.3 Education
instructions relevant to foreign nationals'
visa application, customs clearance,
residence permits, and departure from Foreign nationals can enroll their
China. For details, please visit the following children either in schools specifically built
two websites: http://s.nia.gov.cn/mps/ for their children or ordinary primary/
bszy/; http://cs.mfa.gov.cn/wgrlh/. secondary schools and kindergartens in
accordance with the relevant policies
formulated by the local provincial
5.2 Housing administrative departments of education.
Schools specifically built for the children
of foreign nationals mainly admit their
In accordance with such regulations children (of foreign nationality) who live
as the Notice on Adjusting the Policies on together with them legally in the province,
autonomous region, or municipality Working within the Territory of China,
directly under the central government. foreign workers legally employed in China
They can offer pre-school, primary shall take out the Urban Employee Basic
school, and secondary school education, Medical Insurance (UEBMI) and enjoy
and adopt a foreign education model. the same medical insurance treatment as
In addition, ordinary kindergartens and other insured workers. Foreign nationals
primary/secondary schools can also enroll can refer to the official website of their
foreign students in their regular classes local administrative department of
according to policies formulated by medical security for the list of hospitals
corresponding provincial-level education covered by basic medical insurance, as
authorities. well as the scope and ratio of medical
insurance reimbursement.
Foreign nationals (or their employers)
5.4 Medical Services may purchase commercial medical
insurance to cover additional risks not yet
covered by basic medical insurance.
China's medical care system
i s co m p o s e d o f ge n e ra l h o s p i ta l s ,
specialized hospitals, community health 5.5 Travel
service centers and stations, outpatient
departments, clinics, and emergency 63
centers, which are of various types, sizes, China is endowed with rich natural
and functions. There are non-profit public and cultural tourism resources. Most
medical institutions run by the government cities and counties are open to foreign
as well as social medical institutions run nationals, who do not have to apply for a
by civil organizations (including medical travel permit to visit the tourist attractions
institutions that are Chinese-foreign joint open to them-a valid passport and a
venture or Chinese-foreign cooperatives). Chinese visa or residence permit would
Foreign nationals can seek medical suffice. Foreign nationals wishing to visit
treatment at institutions of their choice the tourist attractions that are not open to
with the same cost as Chinese residents. them should apply to the local municipal
"120" is the emergency number or county level public security bureau for a
in all parts of China that one can turn travel permit. Without permission, foreign
to for emergency medical response nationals may not enter areas closed
before hospitalization. It provides first to the public. For guidance to foreign
aid, emergency treatment in transit, nationals on visiting China, please visit:
and patient monitoring beyond hospital http://www.gov.cn/banshi/wjrs/lygg.htm.
boundaries. Almost all general hospitals A number of qualified travel agencies,
have an Emergency Department to car rental companies, and flight and
provide emergency medical treatment for hotel booking agencies in China facilitate
patients in need. the travel of foreign visitors. For details,
According to the Social Insurance please consult any travel book or visit the
Law of the People's Republic of China websites of tourist attractions.
and the Interim Measures for Social
Insurance System Coverage of Foreigners
Appendix I
70
Department of Commerce of Hubei Province
Address: 7F, 8 Jianghan North Road, Wuhan, Hubei Province
Postal Code: 430022
Tel.: +86-27-85752535
Fax: +86-27-85773924
Website: http://swt.hubei.gov.cn
73
Shaanxi Provincial Department of Commerce
Address:
6F, Shaanxi Provincial Department of Commerce, Compound of Shaanxi Provincial People's
Government, Xincheng Courtyard, Xi'an, Shaanxi Province
Postal Code: 710006
Tel.: +86-29-63913991/63913992/63913999
Fax: +86-29-63913900
Website: http://sxdofcom.shaanxi.gov.cn
Center for Government Service Hotline 12345 in Liaoning Province (Complaint Hotline:
024-12345)
Address:
Room 2012, 103 Chongshan Middle Road, Huanggu District, Shenyang, Liaoning Province
19 Chongshan East Road, Huanggu District, Shenyang, Liaoning Province
Postal Code: 110032
Tel.: +86-24-86903186
Fax: +86-24-86903186
E-mail: lnwsts@ln.gov.cn
Dalian Big Data Center
Address: 101 Dongbei North Road, Ganjingzi District, Dalian, Liaoning Province
Postal Code: 116092
Tel.: +86-411-65851403
Fax: +86-411-65851403
E-mail: 372630373@qq.com
Appeal Center For Foreign and Taiwan Investors of People’s Government of Henan
Province
Address:
Room 217, Henan Provincial Commerce Department, 115 Wenhua Road,
Zhengzhou, Henan Province
Postal Code: 450014
Tel.: +86-371-63576213
Fax: +86-371-63576213
E-mail: hncom_wtzx@sina.com
Department of Commerce of Hubei Province
Address: 9F, 8 Jianghan North Road, Wuhan, Hubei Province
Postal Code: 430022
Tel.: +86-27-85773916
Fax: +86-27-85776127
E-mail: 215491829@qq.com
China (Hainan) Pilot Free Trade Zone (Hainan Free Trade Port)
Website: http://www.hnftp.gov.cn
Administration
Office of Commission for Comprehensive Reform (Office of the Working
Committee for Free Trade Port) of the CPC Hainan Provincial Committee
Address: 69 Guoxing Avenue, Meilan District, Haikou, Hainan Province
Postal Code: 570203
Tel.: +86-898-68523253
Fax: +86-898-68523253
E-mail: hnshgb_xchch@sina.com
Investment Promotion
Department Department of Commerce of Hainan Province
Address:
2F, Seat of the People's Government of Hainan Province, 9 Guoxing Avenue,
Haikou, Hainan Province
Postal Code: 570204
Tel.: +86-898-65201132
Fax: +86-898-65338762
E-mail: hnsswt@hainan.gov.cn
China (Shandong) Pilot Free Trade Zone
Website: http://commerce.shandong.gov.cn/ftz
Administration China (Shandong) Pilot Free Trade Zone Leading Group Office
Address: 6 Liyang Street, Shizhong District, Jinan, Shandong Province
Postal Code: 250002
Tel.: +86-531-5176001
Fax: +86-531-51763416
E-mail: zmqcadmin@shandong.cn
Investment Promotion
Department
Investment Promotion Division of Department of Commerce of Shandong Province
Address: 6 Liyang Street, Shizhong District, Jinan, Shandong Province
Postal Code: 250002
Tel.: +86-531-51763350/51763333
Fax: +86-531-51763211
92
Appendix IV
173