国务院关于鼓励华侨和香港澳门同胞投资的规定(中英文)

发布时间:2019-08-25 07:49:15



正文: OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OF INVESTMENTS BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG AND MACAO

  第一条 为促进我国经济发展,鼓励华侨和香港澳门同胞(以下统称华侨、港澳投资者)在境内投资,制定本规定。
  第二条 华侨、港澳投资者可以在境内各省、自治区、直辖市、经济特区投资。
  鼓励华侨、港澳投资者依照国家有关规定从事土地开发经营。
  第三条 华侨、港澳投资者在境内可以下列形式进行投资:
  (一)举办华侨、港澳投资者拥有全部资本的企业;
  (二)举办合资经营企业合作经营企业
  (三)开展补偿贸易、来料加工装配、合作生产;
  (四)购买企业的股票和债券;
  (五)购置房产;
  (六)依法取得士地使用权,开发经营;
  (七)法律、法规允许的其他投资形式。
  第四条 华侨、港澳投资者可以在境内的工业、农业、服务业以及其他符合社会和经济发展方向的行业投资。华侨、港澳投资者可以从各地方人民政府有关部门公布的项目中选择投资项目,也可以自行提出投资项目意向,向拟投资地区对外经济贸易部门或者地方人民政府指定的审批机关申请。
  国家鼓励华侨、港澳投资者投资举办产品出口企业和先进技术企业,并给予相应的优惠待遇。
  第五条 华侨、港澳投资者在境内投资举办拥有全部资本的企业、合资经营企业和合作经营企业(以下统称华侨、港澳同胞投资企业),除适用本规定外,参照执行国家有关涉外经济法律、法规的规定,享受相应的外商投资企业待遇。
  华侨、港澳投资者在境内进行其他形式的投资,以及在境内没有设立营业机构而有来源于境内的股息、利息、租金、特许权使用费和其他所得,除适用本规定外,也可以参照执行国家有关涉外经济法律、法规的规定。
  第六条 华侨、港澳投资者可以用可自由兑换货币、机器设备或者其他实物、工业产权、专有技术等作为投资。
  第七条 华侨、港澳投资者在境内的投资、购置的资产、工业产权、投资所得利润和其他合法权益受国家法律保护,并可以依法转让和继承。
  华侨、港澳投资者在境内的活动应当遵守国家的法律、法规。
  第八条 国家对华侨、港澳投资者的投资和其他资产不实行国有化。
  第九条 国家根据社会公共利益的需要,对华侨、港澳同胞投资企业实行征收时,依照法律程序进行并给予相应的补偿。
  第十条 华侨、港澳投资者投资获得的合法利润,其他合法收入和清算后的资金,可以依法汇往境外。
  第十一条 华侨、港澳同胞投资企业在其投资总额内进口本企业所需的机器设备、生产用车辆和办公设备,以及华侨、港澳同胞个人在企业工作期间运进自用的、合理数量的生活用品和交通工具,免缴进口关税、工商统一税,免领进口许可证。
  华侨、港澳同胞投资企业进口用于生产出口产品的原材料、燃料、散件、零部件、元器件、配套件,免缴进口关税、工商统一税,免领进口许可证,。上述进口料件,如用于在境内销售的产品,应当按照国家规定补办进口手续,并照章补税。
  华侨、港澳同胞投资企业生产的出口产品,除国家限制出口的外,免缴出口关税和工商统一税。
  第十二条 华侨、港澳同胞投资企业可以向境内的金融机构借款,也可以向境外的金融机构借款,并可以本企业资产和权益抵押、担保。
  第十三条 华侨、港澳同胞投资者拥有全部资本的企业,经营期限由投资者自行确定;合资经营企业和合作经营企业,经营期限由合资或者合作各方协商确定,也可以不规定经营期限。
  第十四条 合资经营企业董事会的组成和董事长的委派、合作经营企业董事会或者联合管理机构的组成和董事长或者联合管理机构主任的委派,可以参照出资比例或者合作条件,由合资或者合作各方协商决定。
  第十五条 华侨、港澳同胞投资企业依照经批准的合同、章程进行经营管理活动。企业的经营管理自主权不受干涉。
  第十六条 在境内投资的华侨、港澳同胞个人以及华侨、港澳同胞投资企业从境外聘请的技术和管理人员,可以申请办理多次入出境的证件。
  第十七条 华侨、港澳投资者在境内投资可以委托境内的亲友为其代理人。代理人应当持有具有法律效力的委托书
  第十八条 在华侨、港澳同胞投资企业集中的地区,华侨、港澳投资者可以向当地人民政府申请成立华侨、港澳投资者协会。
  第十九条 华侨、港澳投资者在境内投资举办合资经营企业、合作经营企业,由境内的合资、合作方负责申请;举办华侨、港澳投资者拥有全部资本的企业,由华侨、港澳投资者直接申请或者委托在境内的亲友、咨询服务机构等代为申请。华侨、港澳投资者投资举办企业的申请,由当地对外经济贸易部门或者地方人民政府指定的审批机关统一受理。
  华侨、港澳同胞投资企业的审批,。各级对外经济贸易部门或者地方人民政府指定的审批机关应当在收到全部申请文件之日起四十五天内决定批准或者不批准。
  申请人应当在收到批准证书之日起三十天内,按照有关登记管理办法,向工商行政管理机关申请登记,领取营业执照
  第二十条 华侨、港澳投资者在境内投资因履行合同发生的或者与合同有关的争议,当事人应当尽可能通过协商或者调解解决。
  当事人不愿协商、调解的,或者协商、调解不成的,可以依据合同中的仲裁条款或者事后达成的书面仲裁协议,提交境内或者其他仲裁机构仲裁。
  当事人没有在合同中订立仲裁条款,事后又没有达成书面仲裁协议的,可以向人民法院起诉
  第二十一条 本规定由对外经济贸易部负责解释。
  第二十二条 本规定自发布之日起施行。


  PROVISIONS OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OFINVESTMENTS BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG AND MACAO


 This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.
  Whole Document (法规全文) 
 PROVISIONS OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OF INVESTMENTS BY OVERSEAS CHINESE AND COMPATRIOTS FROM HONG KONG AND MACAO (Promulgated by Decree No. 64 of the State Council of the People's Republic of China on August 19, 1990, and effective as of the date of promulgation)
 Article 1
 These Provisions are formulated with a view to promoting the economic development of our country and to encouraging overseas Chinese and compatriots from Hong Kong and Macao (hereinafter referred to as "overseas Chinese investors and those from Hong Kong and Macao") to make investments in China's inland areas.
 Article 2
 Overseas Chinese investors and those from Hong Kong and Macao can make investments in the various provinces, autonomous regions, municipalities directly under the Central Government, and special economic zones in China's inland areas.
 Overseas Chinese investors and those from Hong Kong and Macao are encouraged to engage themselves in business operations of land development in accordance with the pertinent regulations of the state.
 Article 3
 The investments made by the overseas Chinese investors and those from Hong Kong and Macao may take the following forms:
 (1) to establish enterprises with the capital wholly owned by the overseas Chinese investors and those from Hong Kong and Macao;
 (2) to establish equity joint ventures and contractual joint ventures;
 (3) to carry out compensation trade, to process supplied materials, to
 assemble supplied parts, and to carry out contractual production;
 (4) to purchase shares and various bonds and debentures of existing enterprises;
 (5) to purchase real estate;
 (6) to obtain land use right according to law and to engage in land development operation;
 (7) to use other forms of investment permitted under the laws and regulations.
  Article 4
 Overseas Chinese investors and those from Hong Kong and Macao can make investments in various trades in China's inland areas: in industries, in agriculture, in service trades, and in other trades that are in conformity with the orientation of social and economic development.
Overseas Chinese investors and compatriots from Hong Kong and Macao may select their investment projects from the lists of projects made public by the departments concerned under various local people's governments; they may also put forward, of their own accord, proposals as to their investment intent and file their applications to the departments of foreign economic relations and trade or to the examining and approving organs designated by various local people's governments located in areas where they intend to make their investments.
 The State encourages overseas Chinese investors and those from Hong Kong and Macao to make investments in the establishment of export-oriented enterprises and of technologically advanced enterprises, and  gives corresponding preferential treatment to such enterprises.
  Article 5
 With respect to the various types of enterprises established with investments by overseas Chinese investors and those from Hong Kong and Macao - enterprises with the capital wholly owned by such investors equity, joint ventures, and contractual joint ventures (hereinafter referred to as "enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao"), they shall all be operated in accordance with these Provisions; in addition, they may also enjoy the corresponding preferential treatment as enjoyed by enterprises with foreign investments, in the light of the relevant provisions in the state laws, decrees and regulations on external economic relations.
Cases concerning other forms of investment made by such investors in China's  inland areas, and concerning their dividends, interest, rental, royalties and other incomes that come from China's inland areas without establishing business offices here, shall be handled in accordance with  these Provisions, and, if need be, with reference to foreign-related economic laws, decrees and regulations of the State.
 Article 6
 Overseas Chinese investors and those from Hong Kong and Macao may make their investments by using convertible currencies, machinery and equipment or other physical goods industrial property rights, and proprietary technology.
 Article 7
 The investment made in China's inland areas by overseas Chinese investors and those from Hong Kong and Macao, the assets they have purchased, their industrial property rights, the profits from their investments, and other lawful rights and interests shall be protected by State laws, and may be transferred or inherited according to law.
Overseas Chinese investors and those from Hong Kong and Macao shall abide by State laws and regulations in their activities in inland areas.
 Article 8
 The State shall not nationalize the investment made by overseas Chinese investors and compatriots from Hong Kong and Macao or other assets belonging to them.
 Article 9
 Where the state, in accordance with the needs of social and public interest, has to requisition the enterprises with investments by overseas Chinese investors and those from Hong Kong and Macao, the state shall handle the case according to the legal procedures and the investors concerned shall be duly compensated.
  Article 10
 The lawful profits gained by overseas Chinese investors and those from Hong Kong and Macao from their investments, their other lawful incomes and the funds after liquidation may be remitted out of China's inland areas according to law.
 Article 11
 Machinery and equipment imported to meet the needs of enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao and, included in the total amount of investment, motor vehicles for use in production, office equipment, as well as articles  and  means  of communications for personal use and within reasonable quantities, imported by overseas Chinese and compatriots from Hong Kong and Macao during the period when they work in the aforesaid enterprises shall be exempted from Customs duties and consolidated industrial and commercial tax, and also from the application for import licences. The raw and processed materials, fuels, bulk parts, spare and component parts, primary parts, and fittings, which are imported by enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao for the production of export commodities, shall all be exempt from Customs duties and consolidated industrial and commercial tax and also from the application for import licences and placed under the supervision of the Customs. In case that the aforesaid imported materials and parts are used for the production of commodities to be sold on China's inland markets, it is imperative to make up the procedures for importation and to pay taxes and duties according to the regulations. The export commodities produced by the enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao shall, with the exception of those commodities the exportation of which is  under restriction by the State, be exempt from Customs duties on export goods and consolidated industrial and commercial tax.
 Article 12
 Enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao may obtain loans from financial institutions in China's inland areas; they may also obtain loans from financial institutions outside China's inland areas, and may use their assets as well as their rights and interests as mortgage or security.
 Article 13
 With respect to enterprises with the capital wholly owned by overseas Chinese investors and compatriots from Hong Kong and Macao, their period of operation shall be determined by the investors themselves; as to equity joint ventures and contractual joint ventures, their period of operation shall be determined, through consultation, by the various parties to the above-said joint ventures; they may also set no limit to the period of operation.
 
 Article 14
 The composition of the board of directors of joint ventures and the appointment of the chairman of the board of directors, the composition of the board of directors or of the joint management organs of contractual joint ventures and the appointment of the chairman or the appointment of the director of the joint management organs, shall be determined, through consultation, by the various parties to the equity joint ventures or to the contractual joint ventures in the light of the proportion of investments or the terms of contract.
 Article 15
 Enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao shall conduct their operational and management activities in accordance with the approved contract or articles of association. The enterprises' decision-making power for business operations and management shall not be interfered with.
 Article 16
 Overseas Chinese and compatriots from Hong Kong and Macao who have made investments in China's inland areas, and the technical and managerial personnel engaged from outside the boundaries of China's inland areas by enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao, may apply for multi-journey travel documents.
 Article 17
 Overseas Chinese investors and those from Hong Kong and Macao who make investments in China's inland areas may appoint their relatives or friends residing in the inland areas as their agents. The agents should hold legally effective letters of authority.
 Article 18
 In areas where enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao are concentrated, overseas Chinese investors and those from Hong Kong and Macao may apply to the local people's government for the establishment of the association of overseas Chinese investors and investors from Hong Kong and Macao.
 
 Article 19
 With respect to equity joint ventures and contractual joint ventures to be established in China's inland areas, with the investments by overseas Chinese investors and those from Hong Kong and Macao, the application for the establishment of the aforesaid enterprises shall be filed by the inland party; as to the enterprises to be established with capital wholly owned by overseas Chinese investors and those from Hong Kong and Macao, the application shall be filed directly by such investors themselves, or they may entrust their relatives or friends residing in China's inland areas, or entrust the institution providing consultancy services, with the application. Applications for the establishment of enterprises with investments by overseas Chinese and compatriots from Hong Kong and Macao shall be accepted and handled exclusively by the local department for foreign economic relations and trade, or by the examining and approving organs designated by the local people's government.
 The examination and approval of the applications for the establishment of enterprises with investments from overseas Chinese and compatriots from Hong Kong and Macao shall be handled in accordance with the authorization by the State Council. Departments for foreign economic relations and trade at the various levels or the examining and approving organs designated by the local people's government shall, within forty-five days of receipt of complete application documents, make the decision on whether the said application is approved or disapproved.
 The applicant shall, within thirty days of receipt of the written approval, file an application to the department for the administration of industry and commerce, and, in accordance with the relevant procedures for registration and administration,  go  through  the  procedures  for registration and obtain the business licence.
 
 Article 20
 With respect to overseas Chinese investors and those from Hong Kong and Macao who have made investments in China's inland areas, in case that a dispute arises during the execution of or in relation to a contract, the parties concerned shall try their best to settle the dispute through consultation or mediation.
 In case that the parties concerned are unwilling to settle the dispute through consultation or mediation, or the dispute cannot be settled through consultation or mediation, the parties concerned  may,  in accordance with the stipulations of the arbitration articles in the contract, or in accordance with the written arbitration agreement reached by the parties concerned after the dispute has arisen, submit their dispute to the arbitration authorities in China's inland areas or elsewhere for settlement.
 In the event that the parties concerned did not specify an arbitration article in their contract, and no written arbitration agreement has been reached after the dispute occurs, then the dispute may be brought before the people's court.
 Article 21
 The right to interpret these Provisions rests with the Ministry of Foreign Economic Relations and Trade.
 Article 22
 These Provisions shall go into effect as of the date of promulgation.