Article 1: In order to expand foreign economic and technical cooperation, accelerate the construction of ports and terminals, and further promote the development of the export-oriented economy, according to the "Interim Regulations of the State Council of the People's Republic of China on Preferential Treatment for Sino-foreign Joint Ventures in the Construction of Ports and Terminals" "Provisions" and other relevant laws and regulations, and based on the specific conditions of our city, these interim regulations are formulated. Article 2 These regulations shall apply to the construction of ports and terminals in Xiamen by joint ventures or sole proprietorships between foreign companies, enterprises or individuals (hereinafter referred to as foreign investors) and companies and enterprises of the People's Republic of China (hereinafter referred to as foreign-invested enterprises) in Xiamen City. Article 3 The operating period of a foreign-invested enterprise may exceed 30 years. After the operation period expires, if you need to extend the period, you should submit an application 180 days before the expiration and submit it to the Xiamen Foreign Investment Enterprise Administration Bureau for approval. Article 4 Utility fees, shoreline usage fees and land usage fees for dock land (including revetment docks, floating docks extending into the water, approach embankments, etc.), storage yards, other non-housing buildings and road land, shall be determined based on the characteristics of the project. Discounts will be given upon application approval. Article 5 Foreign-invested enterprises that use funds within the total investment amount to import raw materials, loading and unloading equipment, transportation tools and other production facilities necessary for the construction of docks are exempt from customs duties and unified industrial and commercial taxes. Article 6 If a foreign-invested enterprise has an operating period of more than 15 years, upon application by the enterprise and approval by the tax authorities, corporate income tax will be exempted from the first to the fifth year starting from the profit-making year, and 15% from the sixth to the tenth year. The corporate income tax rate is halved.
If a foreign-invested enterprise still has difficulty paying taxes after the expiration of the tax exemption or tax reduction period stipulated in the preceding paragraph, it may apply for approval according to the tax management authority and may appropriately extend the tax exemption or tax reduction period. Article 7 The Xiamen Municipal People's Government exempts foreign-invested enterprises from local income tax. Article 8 If a foreign investor reinvests the profits distributed from the enterprise to build a new berth or terminal for a period of not less than 5 years, upon application by the foreign investor and approval by the tax authorities, the income tax paid on the reinvestment will be refunded 40%.
Foreign investors in foreign-invested enterprises are exempt from remittance income tax when remitting profits from the enterprise abroad. Article 9 Foreign-invested enterprises may accelerate the depreciation of fixed assets upon application and approval. Article 10 The loading and unloading fees and other rate standards for terminals built by foreign-invested enterprises shall be determined by the enterprises themselves and shall be reported to the municipal industry authorities, port authority and municipal price management department for filing. Article 11 Foreign investors investing in the construction of ports and terminals may implement compensatory patent operations based on the nature of the project and the amount of investment. The scope and time limit of patent operations are handled on a case-by-case basis. Projects implementing patent operations generally take the form of public bidding. The winning bidder shall enjoy exclusive business rights within the scope and time limit of the patented business. Article 12 For ships entering and leaving Xiamen Port, the Xiamen Port Authority shall designate the anchorage and mooring buoys. The berthing from the anchorage to the wharf can be organized by the terminal enterprise according to the design capabilities of the wharf and reported to the Xiamen Port Authority for filing. Article 13 The shipping agency of foreign-invested enterprises shall be undertaken by China Ocean Shipping Agency. Upon application, approval by the national industry authorities and obtaining an industrial and commercial business license, foreign-invested enterprises can also assume the role of ship agency. Article 14: Ships sailing on international routes (including Hong Kong and Macao routes) load and unload cargo at the terminals of foreign-invested enterprises, and the cargo is tallied by the China Ocean Shipping Tally Company. Article 15: In principle, commercial charges incurred by various types of ships entering and leaving Xiamen Port shall be implemented in accordance with the standards promulgated by the Ministry of Transport. Among them, cargo port fees will benefit the terminals of foreign-invested enterprises according to the proportion determined by the industry authorities. Article 16 The Xiamen Port Authority charges various terminal enterprises a certain proportion of adjustment fees based on the loading and unloading volume based on the rates for different types of cargo to subsidize terminal enterprises that load and unload bulk cargoes within the plan. Article 17 The production status of foreign-invested enterprises must be reported to the Xiamen Port Authority every month. The technical status of the terminal is reported to the Xiamen Port Authority at the end of each year. Article 18 Foreign investors investing in the construction of port terminals shall submit a project proposal and feasibility report for investment in the construction of port terminals to the Xiamen Municipal Planning Commission. The Municipal Planning Commission will take the lead, and together with the Economic Commission, Construction Committee, Land Bureau, Planning Bureau, Environmental Protection Bureau, Port Office, Port Authority, and Foreign Investment Bureau will jointly review and approve the project, then you can apply to the Municipal Foreign Investment Bureau to establish an enterprise with the relevant approval documents.
Article 19 Foreign-invested enterprises shall register with the Municipal Administration for Industry and Commerce and obtain a business license within 30 days of receiving the approval certificate. Article 20 If a terminal built by a foreign-invested enterprise requires a permanent port joint inspection department, after the Municipal Administration of Foreign-Invested Enterprises issues an enterprise approval certificate, the relevant information on the joint inspection shall be submitted to the Xiamen Municipal Port Office for approval by the corresponding joint inspection agency. The establishment, staffing, etc. shall be submitted to the State Council for approval by the Xiamen Municipal People’s Government. Article 21 Companies, enterprises or individuals from Taiwan, Hong Kong and Macao that set up foreign-invested enterprises to build ports and terminals in Xiamen shall be handled in accordance with these regulations. Article 22: The Xiamen Municipal People’s Government is responsible for the interpretation of these regulations. Article 23: These regulations shall come into effect on the date of promulgation.