Foreign-invested enterprises as mentioned in these Regulations refer to Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises held within the administrative area of this Municipality.
Unless otherwise stipulated by laws and regulations, these Regulations also apply to compatriots from Hongkong, Macao and Taiwan Province and overseas Chinese who invest in this Municipality. Article 3 Foreign businessmen are encouraged to set up various foreign-invested enterprises that optimize the industrial structure of this Municipality and meet the needs of its economic development in accordance with the overall urban planning of this Municipality, and to carry out investment cooperation in real estate comprehensive development, commerce, tourism development, finance and information consulting. In particular, foreign investors are encouraged to invest in the establishment of high-tech enterprises, technologically advanced and product export enterprises in the form of joint ventures and cooperative operations, to transform old cities and to build public infrastructure such as energy, roads, bridges and environmental protection. Article 4 Foreign investors may adopt the following investment methods:
(1) Holding investment enterprises;
(2) Processing with supplied materials, processing with supplied samples, assembling with supplied parts and compensation trade;
(3) equity participation and leasing;
(4) purchasing stocks, bonds and other securities;
(five) engaged in real estate development and management;
(6) Other investment methods permitted by national laws and regulations. Article 5 The forms of foreign investment include the following:
Convertible foreign currency;
(2) machinery and equipment, raw materials and other materials;
(3) Profits from investment and operation in China and other lawful income;
(four) the land use right and the above-ground buildings and other attachments obtained according to law;
(5) Industrial property rights and know-how. Article 6 The competent authority for foreign investment is Chengdu Foreign Economic Relations and Trade Commission. The relevant authorities of the Municipal People's Government shall, in accordance with their respective duties, manage foreign-invested enterprises according to law. Chapter II Investment Guarantee Article 7 The legitimate rights and interests of foreign businessmen and their investment enterprises are protected according to law. All activities of foreign investors and their investment enterprises must abide by the laws and regulations of China and the local regulations of this province and city. Article 8 Profits from foreign investment may be remitted abroad according to law. The wages and other lawful incomes of foreign employees of foreign-invested enterprises can be remitted abroad after paying taxes according to law. Article 9 Foreign-invested enterprises shall independently decide on major issues such as development plans, production and operation plans, revenue and expenditure budgets, profit distribution, labor and wage plans, etc. Within the scope of the approved contract and articles of association. Article 10 Patented technologies and registered trademarks of foreign-invested enterprises applied for approval in China are protected by the Patent Law and Trademark Law of China. Article 11 In case of disputes between the parties to a Sino-foreign equity joint venture or a Sino-foreign contractual joint venture during the performance of the contract (agreement), if negotiation or mediation fails, they may be submitted for arbitration in accordance with relevant regulations. Article 12 Enterprises with foreign investment may apply for administrative reconsideration or bring a lawsuit in accordance with the Administrative Procedure Law of the People's Republic of China and other relevant laws and regulations when they think that the administrative actions of administrative organs infringe upon their legitimate rights and interests. Chapter III Investment Services Article 13 Chengdu Foreign Investment Service Center is an office in Chengdu that specifically undertakes foreign investment. Composed of relevant departments of the municipal government, centralized examination and approval and comprehensive services are implemented.
The main responsibilities of Chengdu Foreign Investment Service Center are:
(1) Providing investment consultation;
(2) Introducing investment partners;
(three) to review the project and go through the examination and approval procedures;
(4) Accepting complaints from foreign-invested enterprises;
(five) to accept the entrustment to handle the special needs of foreign-invested enterprises. Fourteenth within the scope of examination and approval authority of Chengdu, the examination and approval of foreign-invested projects and feasibility study reports shall be completed at the same time. Fifteenth foreign investment service center must decide whether to approve or disapprove the project within two working days after receiving the complete approval documents. If it is not approved, it shall give a reply.
For foreign-invested projects decided to be approved, after the application materials for the approved projects are complete, except for a few special projects, the following approval procedures should generally be completed within ten working days:
(1) Project proposal;
(2) Feasibility study report;
(3) Approval of enterprise name;
(4) contracts and articles of association;
(5) industrial and commercial registration registration; Sixteenth in accordance with the provisions of the relevant state departments for examination and approval, the relevant authorities of this Municipality must report within thirty days after receiving the complete approval documents. Chapter IV Tax Preferences Article 17 The export products produced and sold by foreign-invested enterprises shall be exempted from consolidated industrial and commercial tax unless otherwise stipulated by the state. Article 18 The income from production, business operation and other income of a productive foreign-invested enterprise shall be subject to enterprise income tax at the rate of 24%. The income tax rate of foreign-invested enterprises located in the high-tech production development zone approved by the State Council and productive foreign-invested enterprises located in the economic and technological development zone is15%; The income tax rate of foreign-invested enterprises located in the above two regions is 10%, and the output value of export products accounts for more than 70% of the annual output value.