1. The business of foreign economic and technological cooperation includes contents.
(1) Overseas investment.
It refers to the act that an enterprise legally established in China (hereinafter referred to as China enterprise) establishes a non-financial enterprise abroad or obtains the ownership, control and management right of an existing non-financial enterprise through new establishment, merger and acquisition, etc.
(2) Overseas cooperation in agriculture, forestry, fishing and mining.
Overseas agricultural cooperation means that China enterprises engage in business activities such as planting crops and cash crops, animal husbandry, processing and sales of agricultural products abroad by setting up enterprises, purchasing or leasing land, etc.
Overseas forestry cooperation means that China enterprises engage in forest planting, logging, regeneration, wood processing, transportation and other business activities abroad by signing contracts (agreements), purchasing forest rights or cutting licenses, and setting up enterprises.
Overseas fishery cooperation refers to the business activities of Chinese enterprises engaged in fishing, aquaculture, processing, sales and related industry development abroad by signing contracts (agreements), purchasing fishing licenses, starting enterprises and sending fishing boats.
Overseas mining cooperation means that China enterprises engage in the exploration, development and processing of mineral resources by investing and setting up enterprises abroad or directly by purchasing mineral rights, capacity investment, special business license and resource payment.
(3) Foreign contracted projects.
Refers to overseas construction projects contracted by enterprises or other units in China, including consultation, survey, design, supervision, bidding, cost, procurement, construction, installation, commissioning, operation and management.
(4) Foreign labor cooperation.
It refers to an economic activity that an enterprise with the qualification of foreign labor service cooperation approved by the Ministry of Commerce signs a contract with companies, intermediaries or private employers outside the country (territory) that are allowed to recruit or hire foreign laborers, and organizes the recruitment, selection and management of China citizens outside the country (territory).
Two. It mainly supports foreign economic and technological cooperation business in 20 1 1 year.
(1) Overseas R&D center projects and equipment manufacturing projects directly invested and implemented by China enterprises; Projects implemented in overseas economic and trade cooperation zones; Overseas cooperation projects in agriculture, forestry and fisheries.
Equipment manufacturing industry includes: general equipment manufacturing, special equipment manufacturing, transportation equipment manufacturing, electrical machinery and equipment manufacturing, communication equipment, computers and other electronic equipment manufacturing, instrumentation and culture, office machinery manufacturing, handicrafts and other manufacturing industries (industry category code c35-c42 in the National Economic Industry Classification Catalogue).
(2) Foreign contracted projects implemented by enterprises in China, foreign contracted projects adopting China engineering technical standards and foreign contracted projects denominated in RMB.
Franchise outsourcing projects include BOT (Build-Operate-Transfer) and its derivatives (BOOT Build-Own-Operate-Transfer, BOO Build-Own-Operate, BT Build-Transfer, TOT Transfer-Operate-Transfer) and PPP (Public-Private Partnership) projects.
Three. Contents and standards of special funds for foreign economic and technological cooperation
(1) Direct subsidy.
1. upfront expenses.
The upfront expenses refer to the relevant expenses incurred by China enterprises in overseas investment (excluding the transfer of existing overseas investment rights between domestic enterprises), overseas cooperation in agriculture, forestry, fishery and mining, before registration in the country where the project is located, purchase of resource warrants or signing of contracts (agreements) for foreign contracted projects, including the following contents:
(1) Legal, technical and business consulting fees.
Refers to the expenses incurred by entrusting professional institutions with corresponding qualifications to provide legal, technical, commercial and investment and financing consulting services for the project.
(2) Investigation fee.
-Project survey fees (excluding oil and gas and mineral resources exploration fees), demonstration fees and planning fees;
—— Fishery resources exploration fees: fees for purchasing exploration instruments and equipment, agency fees and ship registration fees.
(3) The preparation fee for the feasibility study report and safety assessment report of the project.
Refers to the expenses incurred by entrusting professional institutions with corresponding qualifications to prepare project proposals, pre-feasibility study reports, feasibility study reports and project safety assessment reports.
(4) the cost of purchasing normative documents and bidding documents.
Expenditure incurred in purchasing project (resource) survey license, fishing license, tender, technical data and software.
(5) Translation fee for normative documents and bidding documents.
Refers to the expenses incurred by entrusting professional institutions or personnel to translate normative documents and bidding documents.
Support standard: the special fund supports the upfront expenses not exceeding 15% of the Chinese investment amount or contract amount of the project, and the support ratio does not exceed 50% of the upfront expenses that can enjoy support. A project can only enjoy one support. Capital increase project is not supported.
2. Resource transportation premium.
China enterprises develop overseas resources, transport their cooperative products such as agriculture (including soybeans, corn, wheat, natural rubber, palm oil, cotton, cassava), forestry (logs, sawn timber, plates) and fisheries back to China, and subsidize the transportation premium between overseas departure places and domestic ports at a rate not exceeding 20% of the actual expenses paid by enterprises. The import quantity of resource products for calculating transportation fees shall be subject to customs statistics.
The resource products exchanged by an enterprise in contracting projects abroad shall not exceed the total contract amount of the development and investment cooperation agreement signed with the foreign party (the specific category and support ratio shall refer to the implementation of overseas agricultural, forestry and fishery cooperation projects).
3. Personal accident insurance, a "going out" worker.
Enterprises engaged in foreign economic and technological cooperation abroad shall subsidize the personal accident insurance expenses insured by insurance institutions for Chinese personnel working abroad. The maximum insured amount per person does not exceed 500,000 yuan, and the support ratio does not exceed 50% of the actual premium expenditure.
4. Expenses for handling overseas emergencies.
Overseas emergencies refer to emergencies in which the personal safety of personnel dispatched by enterprises engaged in foreign economic and technological cooperation is threatened and casualties occur due to force majeure factors such as terrorism, war and natural disasters. Relevant disposal expenses include passports, visas, international travel expenses and temporary expenses for enterprise staff to go abroad to deal with emergencies. The subsidy standard refers to the Notice of the Ministry of Finance and the Ministry of Foreign Affairs on Printing and Distributing (Caixing [20065438+0] No.73).
5. Patent registration fee for overseas R&D centers.
Subsidize the foreign patent registration fee of overseas R&D centers of China enterprises, and the support ratio shall not exceed 50% of the actual registration fee.
6. Adaptability training fees for foreign workers.
Enterprises that carry out adaptive training for foreign laborers shall be subsidized by no more than 500 yuan according to the actual number of trainees and dispatchers.
(2) Loan discount.
Discount will be given to loans obtained by Chinese enterprises from domestic banks for overseas investment, overseas cooperation in agriculture, forestry, fishery and mining, foreign project contracting and foreign design consulting, and for project management for more than one year (including one year).
The discount rate of RMB loans shall not exceed the benchmark interest rate published and implemented by the People's Bank of China. If the actual interest rate is lower than the benchmark interest rate, it shall not exceed the actual interest rate; The annual interest rate of foreign currency loans shall not exceed 3%, and the actual interest rate shall not exceed 3%.
Projects that have been supported by special funds for a total of 3 years will no longer be given discount.
(3) Support quotas.
The cumulative subsidy of special funds for foreign economic and technological cooperation obtained by the same enterprise in that year shall not exceed 30 million yuan. Enterprises belonging to the same ultimate controlling party shall be accounted for by the same enterprise.
Four, the applicant enterprises and projects should have the conditions
(1) The applicant enterprise must meet the following conditions:
1. is legally registered in People's Republic of China (PRC) and has the qualification of an independent enterprise legal person;
2. It has obtained the approval documents from the relevant state departments (approval or filing) to carry out foreign economic and technological cooperation business;
3. There is no violation of laws and regulations in the past five years;
4. Before the deadline for reporting stipulated in this notice, the principal of the financial fund loan that should be repaid in arrears has been repaid;
5. According to the Statistical System of Foreign Direct Investment (Shanghefa [2008] No.529), the Statistical System of Foreign Contracted Projects and the Statistical System of Foreign Labor Cooperation and Overseas Employment (Shanghefa [2008] No.51kloc-0/), The Notice of the Ministry of Commerce and the Ministry of Foreign Affairs on Printing and Distributing Relevant Information of Foreign Investment Cooperative Enterprises for the Record (Shang Hefa [2007] No.419) and the Notice of the Ministry of Commerce on Starting the Basic Information Database of Expatriated Laborers (Shang Hefa [2007] No.36) stipulate that the business statistics and related information should be submitted to the competent department of foreign economic and technological cooperation.
(two) the application project must meet the following conditions:
1. Approved, registered or filed by relevant state departments;
2. Registered, registered or filed in the country where the project is located, and the project takes effect according to law;
3. Project amount standard:
(1) The contract amount of foreign contracted projects shall not be less than USD 5 million (or equivalent currency), and the single loan amount shall not be less than RMB 3 million (or equivalent currency);
(2) Overseas investment and overseas forestry, fishery and mining projects with a Chinese investment of not less than US$ 6.5438+0 million (or equivalent currency) and a single loan amount of not less than RMB 3 million (or equivalent currency);
(3) The contract amount of overseas agricultural cooperation, Chinese investment in overseas R&D centers and overseas design consulting projects shall not be less than USD 500,000 (or equivalent currency), and the single loan amount shall not be less than RMB 654.38+RMB 500,000 (or equivalent currency);
4. Project application time:
(1) For projects applying for upfront fees, the time for overseas registration (registration) of newly-established projects, the effective time of contracts for M&A projects and foreign contracted projects, the signing time of contracts (agreements) for foreign design consulting projects, the signing time of overseas registration, agreements (contracts), and the time for obtaining resource warrants, fishing licenses or leased land for overseas agricultural, forestry, fishing and mining cooperation projects are 2065433 years.
(2) During the period from 201010 to 201010101231,the project contract and loan for applying for loan interest subsidy project are being executed.
(3) The project contract (agreement) of the project that applied for resource return freight subsidy and personal accident insurance subsidy for "going out" personnel from October 2010 to February 2010/February 31February is being implemented.
(4) For the project applying for overseas first-aid subsidy, the emergency occurred during the period from 201010 to 20101February 3 1, and the project contract (agreement) was being executed during this period;
(5) Apply for the direct subsidy project for the training of expatriate laborers, and actually dispatch laborers during 1 October 20 10/February13 1.
Verb (abbreviation of verb) fund declaration and payment procedure
(1) The application materials of the enterprise shall be provided in strict accordance with the relevant requirements of the 20 1 1 Guidelines and Instructions for the Application of Special Funds for Foreign Economic and Technological Cooperation (annexes 1 and 2).
(2) The local provincial finance and commerce departments shall carefully examine the application materials of local enterprises in accordance with the Measures and the provisions of this circular, and jointly submit the qualified project application materials (including the required electronic forms) to the Ministry of Finance (Enterprise Division) and the Ministry of Commerce (Investment Promotion Bureau) before May 3/KLOC-0.
(3) The central enterprises shall summarize the application materials (including the required electronic forms) through their affiliated group (head office) companies and submit them to the Ministry of Finance (Enterprise Division) and the Ministry of Commerce (Investment Promotion Bureau) before 20 1 1.
(4) The capital application documents and the summary table of preliminary examination opinions on the declared project (Annex 13) shall be submitted in duplicate by the provincial competent department and the central enterprise group to the Ministry of Finance and the Ministry of Commerce (Investment Promotion Bureau) respectively. The detailed list of personal accident insurance audit of "going out" personnel, the detailed list of overseas emergency disposal expenses and the detailed list of adaptive training for expatriate laborers (attachment 14- 16) are submitted to the Ministry of Commerce (Investment Promotion Bureau) after being audited by the provincial competent department or the central enterprise group (head office) company, and the electronic version of the above documents is sent to the designated mailbox zx@fdi.gov.cn. The remaining materials shall be submitted to the Ministry of Commerce (Investment Promotion Bureau) in duplicate. Applications will not be accepted after the deadline.
(5) Projects supported by other special funds of the Central Committee on 5)20 10/0 may not apply for special funds for foreign economic and technological cooperation this year.
(6) After the Ministry of Finance and the Ministry of Commerce entrust an intermediary agency to review the application materials, they will determine the support items and amount, and allocate special funds to the centrally managed enterprises and local financial departments in accordance with the provisions of the treasury management system.
Six, the local financial and commercial departments, the central enterprise group (corporation) companies should earnestly perform their duties, carefully review the submitted materials, to ensure that the materials are complete, true and accurate. Enterprise application materials shall be properly kept in accordance with relevant regulations for verification.
Ministry of Finance and Commerce
20 1 1 April18th, 2008