Regulations of Hubei Province on Overseas Chinese-funded Enterprises (202 1 Revision)

Article 1 In order to encourage and support the development of overseas Chinese-funded enterprises and protect the legitimate rights and interests of overseas Chinese-funded enterprises, these Regulations are formulated according to the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and the Measures of Hubei Province for the Implementation of the Law of People's Republic of China (PRC) on the Protection of the Rights and Interests of Returned Overseas Chinese and their Families, combined with the actual situation in our province. Article 2 Overseas Chinese enterprises mentioned in these Regulations refer to:

(1) Returned overseas Chinese and their relatives use funds provided by overseas relatives or self-raised funds to set up economic and scientific research entities and intermediary service institutions in this province. Among them, the joint venture or cooperative investment of returned overseas Chinese and their relatives should account for more than 40% of the total investment;

(2) Enterprises that resettle returned overseas Chinese and their relatives and their children. Among them, the number of returned overseas Chinese and their children accounts for more than 20% of the employees of this enterprise. Article 3 The overseas Chinese affairs department of the people's government at or above the county level (including autonomous counties, cities not divided into districts and municipal districts, the same below) shall be responsible for providing guidance and services to overseas Chinese-funded enterprises within their respective administrative areas. Market supervision and management, taxation, labor, urban construction and other relevant departments shall perform their service and management duties for overseas Chinese enterprises according to law. Article 4 The assets, investment income and other lawful rights and interests of overseas Chinese enterprises shall be protected by law.

If the profits from the operation of overseas Chinese enterprises are used to donate social welfare undertakings, the tax authorities shall deduct the donation amount before tax.

No unit or individual may encroach on or damage the legitimate rights and interests of overseas Chinese-funded enterprises, interfere with their autonomy in operation and management, or collect fees, apportion expenses, impose fines or make compulsory donations from overseas Chinese-funded enterprises. Article 5 Enterprises belonging to overseas Chinese are encouraged to invest in key national development fields according to the national industrial policies and investment directions. Encourage overseas Chinese-funded enterprises to adopt advanced and applicable technologies.

Encourage returned overseas Chinese and their relatives to invest in shares, cooperative development or joint ventures with intangible assets such as patented technology and proprietary technology legally owned by them. Article 6 Overseas Chinese enterprises that use overseas funds to reach more than 25% of the registered capital of the enterprise and have been confirmed by capital verification according to law may enjoy preferential treatment for foreign-invested enterprises with reference to the provisions of the state and the province on foreign-invested enterprises. Seventh relevant departments of the people's governments at all levels shall give support to overseas Chinese enterprises. In the establishment, registration and approval of capital construction projects of overseas Chinese enterprises, priority should be given to them within the prescribed time limit; Priority should be given to energy supply and transportation. Eighth overseas Chinese enterprises to build their own production and business premises, with the approval of the people's governments at or above the county level, can charge half of the urban construction supporting fees. Among them, overseas Chinese enterprises that meet the requirements of Article 6 of these Regulations and are export-oriented and technologically advanced may, with the approval of the relevant competent departments, reduce or exempt the land use tax; Free of site use fees from the first year to the third year after confirmation. Article 9 The recognized enterprises belonging to overseas Chinese shall pay taxes in accordance with the relevant provisions of the state on taxation, and may enjoy preferential tax reduction or exemption. Article 10 Overseas Chinese enterprises receive small-scale production tools donated by overseas Chinese, China citizens and Macao compatriots who are residents of the Hong Kong Special Administrative Region and directly used for industrial and agricultural production, processing and maintenance, as well as excellent seedlings, breeding animals and eggs that have been approved for import, and enjoy preferential tariff treatment in accordance with relevant regulations. Article 11 Where the production and business premises or houses of overseas Chinese enterprises need to be expropriated for public interests, the municipal and county people's governments and their house expropriation departments shall make expropriation decisions in accordance with the provisions of relevant laws and regulations, sign expropriation compensation agreements, and give appropriate resettlement compensation. Article 12 After the property right of a private overseas Chinese enterprise or the property right enjoyed by individuals of returned overseas Chinese and their relatives in the enterprise according to the investment amount is inherited or transferred according to law, the enterprise shall re-submit an application for confirmation of the overseas Chinese enterprise in accordance with the prescribed conditions and procedures. Thirteenth returned overseas Chinese and their relatives can apply for permanent residence in small towns after investing in enterprises, buying commercial houses or building their own houses according to law. Article 14 Enterprises belonging to overseas Chinese shall abide by national laws and regulations, operate according to law, prevent and control environmental pollution, establish a labor management system and protect the legitimate rights and interests of employees. Fifteenth enterprises belonging to overseas Chinese shall establish grass-roots trade unions according to law, and provide necessary conditions for trade unions to carry out their work.

Conditional areas can set up overseas Chinese enterprises associations according to law. Sixteenth enterprises with overseas Chinese capital shall, within the prescribed time, apply to the original issuing authority for verification with the Certificate of Overseas Chinese Capital Enterprise.

For enterprises that do not meet the requirements, the original issuing authority shall cancel its overseas Chinese-funded enterprise certificate and notify the relevant departments in writing. Enterprises whose ownership of property rights has changed shall be reconfirmed. Seventeenth forged, fraudulent, fraudulent use of overseas Chinese enterprise certificate, shall be confiscated by the original issuing authority, and impose a fine of one to three times the illegal income; For enterprises that have enjoyed preferential tax treatment, the tax authorities should recover the reduced taxes and fees; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Article 18 Anyone who violates the provisions of Article 14 of these regulations and infringes upon the legitimate rights and interests of enterprise employees shall be criticized and educated by the overseas Chinese affairs department of the people's government at or above the county level in conjunction with the labor department, ordered to make corrections within a time limit and compensate for losses; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Article 19 If the staff of overseas Chinese affairs departments and other relevant departments of people's governments at all levels violate the provisions of these regulations, abuse their powers, engage in malpractices for selfish ends or commit other illegal acts, they shall be punished by their units or higher authorities; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.