Guangdong Province on Further Expanding Opening Up and Vigorously Using Foreign Capital

 2018-06-07  31


Notice of the People's Government of Guangdong Province on Issuing the Several Policies and Measures of Guangdong Province for Further Expanding Opening Up and Vigorously Using Foreign Capital


· Document Number:No. 125 [2017] of the People's Government of Guangdong Province

· Area of Law: Reform and Opening-up Belt & Road Initiative

· Level of Authority: Local Regulatory Documents

· Date issued:12-01-2017

· Effective Date:12-01-2017

· Status: Effective

· Issuing Authority: People's Government of Guangdong Province

 

Notice of the People's Government of Guangdong Province on Issuing the Several Policies and Measures of Guangdong Province for Further Expanding Opening Up and Vigorously Using Foreign Capital
(No. 125 [2017] of the People's Government of Guangdong Province)
All municipal people's governments at and above the prefecture level; the people's governments of all counties (cities and districts); and all departments of and all bodies directly under the provincial people's government:
The Several Policies and Measures of Guangdong Province for Further Expanding Opening Up and Vigorously Using Foreign Capital are hereby issued to you for your conscientious implementation. Any problem encountered in the process of implementation shall be directly reported to the Provincial Commerce Department.
People's Government of Guangdong Province
December 1, 2017
Several Policies and Measures of Guangdong Province for Further Expanding Opening Up and Vigorously Using Foreign Capital
For the purposes of comprehensively implementing the spirit of the 19th CPC National Congress, carrying out the relevant provisions of the Notice of the State Council on Several Measures for Expanding Opening Up and Vigorously Using Foreign Capital (No. 5 [2017], State Council) and the Notice of the State Council on Several Measures for Promoting Growth of Foreign Investment (No. 39 [2017], State Council), further vigorously using foreign capital, creating a good business environment, and promoting the fair competition among Chinese-funded and foreign-funded enterprises, the following policies and measures are developed.
I. Further expanding the fields for market access. According to the relevant arrangements of the state, the expansion of opening up in the following fields shall be gradually advanced: removing the foreign stake restrictions in the manufacturing of special-purpose vehicles and new energy vehicles in the manufacturing field; canceling the foreign stake restrictions in ship design, maintenance of regional airliners and utility aircrafts, human resources service institutions, international maritime transport companies, rail passenger transport companies, and building and operation of gasoline stations in the service sector, allowing foreign investors to invest in Internet service premises and call centers, and removing the restrictions on the scope of business of foreign performance brokerage proprietorships; and easing the restrictions on foreign stake and scope of business of foreign-funded banks, securities companies, securities investment fund management companies, futures companies, and life insurance companies. The opening up of the China (Guangdong) Pilot Free Trade Zone to the service sector in Hong Kong and Macao under the CEPA shall be deepened, the expansion of the scope of legal affairs accepted and undertaken by partnership-type joint operations between law firms of Hong Kong or Macao and Chinese mainland shall be promoted, the mode of administration of project construction from Hong Kong shall be implemented on a trial basis in the project construction field, and Hong Kong and Macao lanes shall be administered as special domestic lanes.
II. Enhancing fiscal rewards for utilization of foreign capital. From 2017 to 2022, for new projects (except projects in the real estate industry, the financial industry and the quasi-fund-raising industry, and the same rule shall apply hereinafter) with an annual actual amount of foreign capital (excluding the loan taken out by foreign parties, and the same rule shall apply hereinafter) exceeding 50 million USD, projects of capital increase exceeding 30 million USD, and the headquarters or regional headquarters of transnational corporations exceeding 10 million USD, established in Guangdong, the provincial public finance shall give reward of not less than 2% of their actual foreign capital for the current year, but not more than 100 million yuan. Manufacturing projects with an annual actual amount of foreign capital exceeding 100 million USD, newly established (or established by capital increase) in Guangdong by world top 500 enterprises (according to the list of the Fortune magazine, and the same rule shall apply hereinafter) or enterprises leading an industry globally and IAB (new-generation information technology, artificial intelligence and biomedicine) or NEW (new energy and new materials) manufacturing projects, newly established, with an annual actual amount of foreign capital not less than 30 million USD, may be given key support in a project-by-project manner. If the headquarters or regional headquarters of a foreign-funded transnational corporation has made an annual contribution of more than 100 million yuan to the provincial public finance for the first time, the provincial public finance shall give it reward for one time, equivalent to 30% of its contribution to the provincial public finance for the current year, but not more than 100 million yuan. All regions may separately arrange reward on the basis of the reward from the provincial public finance.
III. Strengthening guarantees for land use. Foreign-funded manufacturing enterprises may enjoy incentive policies relating to land use as provided for in the Notice of the People's Government of Guangdong Province on Issuing Several Policies and Measures of Guangdong Province for Reducing the Cost of Manufacturing Enterprises and Supporting the Development of the Real Economy (No. 90 [2017], People's Government of Guangdong Province). For the land used by foreign-funded manufacturing projects with actual investment exceeding 100 million yuan or by world top 500 enterprises or the headquarters or regional headquarters of enterprises leading an industry globally (hereinafter collectively referred to as the "foreign-funded headquarters") to establish office properties on their own, the province and the cities shall jointly arrange land use plans and quotas. The property rights in a high-standard factory built by a foreign investor or an office property built by key foreign-funded headquarters on its own shall be allowed to be divided for registration and alienation with each building, floor or any other fixed limit as the basic unit, and in particular, the accumulative total of the area of the office property built by key foreign-funded headquarters on its own, divided for registration and alienation, shall not exceed 40% of the total property area. If a foreign-funded enterprise rents industrial land, the correction factor for the term may, at determination of the reserve rental, be fixed according to the ratio of lease term to the maximum term of assignment of industrial land; the formalities for plans and application for construction, among others, may be undergone with the land lease entered into with the land department and the acknowledgment of payment; and within the lease term, the buildings and constructions on the ground and the facilities attached thereto may be sublet and mortgaged. The government may, when conducting urban renewal, re-arrange in the manner of assignment by agreement or lease industrial land for foreign-funded industrial projects required to be relocated. A foreign-funded manufacturing enterprise that uses an existing industrial property to develop producer services or establish maker space, innovation workshop or any other hackerspace may use the land for the original purpose and according to the original type of the right in the land within five years, at expiry of which the relevant provisions shall apply. If a medical, education, cultural, elderly support, sport, or any other public service project jointly invested in by a foreign investor and the government may use appropriated land, the land shall be allowed to be supplied in the manner of contributing capital or buying a stake by converting state-owned construction land into money.
IV. Supporting research, development and innovation. Foreign-funded research and development institutions (including research and development bodies of enterprises, and the same rule shall apply hereinafter) shall be supported in participating in the establishment of the research and development public service platforms in the province and the science and technology schemes and projects of the government and enjoy relevant funding support. From 2017 to 2022, for a foreign-funded research and development institution determined to be a provincial research and development institution of new type, the provincial public finance shall provide subsidies up to 10 million yuan; for a foreign-funded research and development institution determined to be a postdoctoral workstation or a workstation of academicians of the Chinese Academy of Sciences and the Chinese Academy of Engineering, the provincial public finance shall provide subsidies up to one million yuan; and for a project for the building of a provincial enterprise technology center innovation platform of a foreign-funded research and development institution, the provincial public finance shall provide subsidies up to two million yuan. A foreign-funded research and development institution with independent status of legal person newly established in Guangdong by one of the world top 500 enterprises or an enterprise leading an industry globally may be given key support in a project-by-project manner. The pilot program of the support for product innovation by government procurement shall be strengthened, the scope of products under the pilot program shall be expanded, and the measures for encouragement by government procurement shall be taken in favor of the products of foreign-funded enterprises included in the provincial innovative product list. Foreign-funded holders of drug marketing licenses shall be encouraged to produce and settle national class-I new drugs, for which a green channel of inclusion in the provincial medical insurance drug catalog shall be opened and connected with drug price negotiations and centralized procurement. Foreign-funded research and development centers determined shall, when importing articles for the research and development of science and technology, be exempt from import tariff, value-added tax, and consumption tax and, when procuring indigenous equipment, be given a full refund of value-added tax. Foreign-funded enterprises that provide technology transfer, technology development, or technology consulting or technology services related thereto may, if qualified, be exempt from value-added tax as provided. The income tax incentive policy for technologically advanced service enterprises shall be promoted and implemented across the province. Foreign-funded research and development centers that import research and development center equipment, reagents or samples may choose application for inspection in advance, appointment for customs clearance and physical release and customs clearance mode. Foreign-funded research and development centers shall be allowed to import second-hand key equipment especially for research and development in a bonded manner (the entry period may not extend beyond one year). An insurance compensation mechanism for high-value patent and first set of major technological equipment shall be established.
V. Giving more financial support. The Guangdong Provincial Industry Development Fund shall be used to support in priority by equity investment and other means world top 500 enterprises and enterprises leading an industry globally in making investment in Guangdong and the province's major transnational acquisition projects in making investment in the province. By depending on the non-resident account (NRA) system, the pilot program of "NRA plus" shall be explored and launched in the China (Guangdong) Pilot Free Trade Zone, and foreign-funded enterprises in the zone shall be supported in conducting universal cross-border two-way RMB and foreign currency financing and obtain RMB and foreign currency financing within the foreign debt quota double the net assets; and a foreign-funded enterprise shall be supported in issuing bonds in the zone and overseas and allowed to remit the funds raised by issuing bonds overseas back to China as capital funds to use. Transnational corporations shall be supported in establishing cross-border two-way RMB cash pools in the China (Guangdong) Pilot Free Trade Zone. The pilot program of collecting foreign currency rental business for commercial leasing of aircrafts and ships, among others, shall be vigorously launched, and foreign-funded investment and finance lease companies in the China (Guangdong) Pilot Free Trade Zone shall be supported in obtaining qualifications for the pilot program and conducting foreign currency settlement business. The pilot program of financing by pledging a portfolio of patent rights, trademark rights and copyrights shall be launched. All regions shall be encouraged to promote the mode of patent-pledged financing of "loan plus guarantee insurance/security plus fiscal risk compensation." Foreign-funded enterprises shall equally enjoy the supporting policies of the province relating to the domestic listing, listing at the "new third board" and financing at regional equity markets of private enterprises.
VI. Enhancing talent support. The "Guangdong Exceptional Card" for talents shall be promoted, and seven categories of talents including senior executives of foreign-funded enterprises shall be included as service recipients. The fields in which the "Guangdong Exceptional Card" may be used as identification certificates in the province shall be gradually expanded. A holder of the "Guangdong Exceptional Card" and his/her spouse and minor children may enjoy local talent housing, education, medical care, elderly support and other policy treatment equally with the residents with household registration in the place of his/her enterprise, and a Chinese holder and his/her spouse and minor children may apply for Hong Kong and Macao visit visa and other exit/entry certificates in Guangdong. All regions shall be encouraged to promote the practice of Qianhai of Shenzhen in Guangdong province and appropriately reward holders of the "Guangdong Exceptional Card" who have made contributions to local economy and society. A foreign holder of the "Guangdong Exceptional Card" may apply for a foreigner work permit up to five years and a residence permit effective for five years, and the promised period for handling the business shall be reduced by one half of the statutory handling period; and any foreigner meeting the prescribed conditions shall be recommended in priority to apply for foreigner permanent residence identification certificate. Holders of foreigner permanent residence identification certificates who have established science and technology enterprises in Guangdong shall be given the same treatment as Chinese citizens. High-level foreign talents as determined may enjoy facilitation measures for entry and exit, stay and residence, and employment of foreign domestic helpers. High-level overseas talents working with foreign-funded research and development institutions after returning to China may be directly determined to have senior professional titles. The six talent exit and entry policies and measures supporting the building of the China (Guangdong) Pilot Free Trade Zone shall be gradually promoted across the province.
VII. Strengthening the protection of intellectual property rights. The building of the China (Guangdong) Pilot Free Trade Zone Intellectual Property Right Protection Center shall be accelerated, and a quick patent examination, confirmation and defense mechanism shall be established and improved. A direct protection system for intellectual property rights of foreign-funded enterprises shall be promoted. The pilot program of the reform of comprehensive law enforcement relating to intellectual property rights shall be launched, and a cross-region, cross-department intellectual property right case transfer, information notification, and cooperative investigation mechanism shall be established. Special law enforcement relating to trademarks shall be enhanced, and the exclusive rights to use trademarks of foreign-funded enterprises shall be strictly protected. Intellectual property right protection rules and regulations in the Internet, e-commerce, big data and other fields shall be developed. Internationalized intellectual property right trading centers shall be founded, a work mechanism for the development of the patent navigation industry shall be established and improved, and the transfer and transformation of high-value intellectual property rights shall be promoted. The establishment of trademark business acceptance windows shall be advanced to facilitate foreign-funded enterprises in registration and pledge of trademarks. A joint assessment mechanism of patent rights, trademark rights and copyrights, a pledge financing risk apportionment mechanism, and a pledge quick disposition mechanism shall be established. Foreign-funded enterprises shall be encouraged to apply for patent in China, and the inventions, discoveries and other scientific and technological achievements obtained by them may participate in various awards at all levels in the province.
VIII. Improving investment and trade facilitation. The pre-access national treatment plus negative list management mode shall be comprehensively implemented. The power, duty and standards of approval of the government shall be further regulated, the process of approval of enterprise investment shall be optimized, and existing investment approval items and the periods for the approval thereof shall be reduced by one quarter. The establishment and recordation of modification of foreign-funded enterprises shall be further delegated to the county (city and district) commerce departments for implementation. Eighteen provincial administrative licensing items in medical institution, travel agency, gasoline station and other fields, including the establishment and modification of foreign-funded enterprises shall be delegated according to the law to the relevant departments of the governments at and above the prefecture city level for implementation and, when conditions are mature, gradually delegated to the administration commissions of national development zones for implementation. Qualified the head offices of foreign-funded enterprises in the province that conduct cross-region business and have the independent status of legal person and their branch offices shall be allowed to pay value-added tax on a consolidated basis, and branch offices may pay income tax to local treasuries. The profit distributed by a resident enterprise in China to an overseas investor who directly invested it in an investment project in the encouragement category in conformity with specified conditions, shall be entitled to the deferred tax payment policy and be provisionally exempt from withholding tax. The process of approval of the unfixed-hour work system and the work system of comprehensive calculation of work hour shall be optimized, and the promised period of business transaction shall be reduced by one third of the statutory period thereof. The authorization and procuration system for major foreign-funded projects shall be vigorously explored. The international trade "single windows" shall be reproduced and promoted at the ports across the province, and the time of customs clearance of goods shall be reduced by one third.
IX. Optimizing the foreign capital attraction environment of key parks. National development zones meeting the prescribed conditions shall be supported in promoting the mode of administrative approval bureaus and implementing "one stamp for approval." Development zones at and above the provincial level in eastern, western and northeastern China shall be supported in applying for being included in the provincial industry relocation industrial parks for administration and enjoying the supporting policies relating to provincial industry relocation as provided. For foreign-funded projects newly established in national development zones, parks and the places where the projects are located shall be encouraged, by reference to the enterprise income tax incentive catalogs of Qianhai of Shenzhen and Hengqin of Zhuhai, to give reward in certain proportion to the direct economic contributions of the projects. Foreign-funded projects newly established in provincial industrial parks (including provincial industry relocation industrial parks and parks entitled to provincial industrial relocation policies) may enjoy provincial supporting fiscal policies for joint development of industries by analogy. Cities at and above the prefecture level shall be authorized to approve the expansion and relocation of provincial economic development zones and file the approval results with the provincial government.
X. Improving the guarantee mechanisms for utilization of foreign capital. Municipal and provincial governments shall develop a coordination mechanism for the coordination of utilization of foreign capital in which primary leaders take the lead so as to regularly coordinate the resolution of major critical problems restricting the utilization of foreign capital by the province, especially the investment in Guangdong by world top 500 enterprises. The overseas economic and trade affairs institutions from across the province shall be consolidated and optimized, and the development of the province's internationalized investment promotion system radiating the globe shall be accelerated. The foreign-funded enterprise complaint mechanism shall be improved. The attraction of businesses and investment shall be regulated, the policy promises made to investors in accordance with the law shall be strictly honored, and various contracts entered into in accordance with the law in business and investment attraction and other campaigns shall be conscientiously performed. Policies in favor of official outbound business attraction groups shall be implemented, key guarantees shall be provided when outbound travel plans are made for official business, and exit formalities shall be supported in being undergone in priority.
The relevant provincial departments shall develop relative detailed implementation rules within one month. All regions shall, based on the actual circumstances, better support the utilization of foreign capital and issue targeted policies and measures within three months. All regions and all departments shall notify enterprises of the policies and measures and submit the information on the implementation of the policies and measures to the Provincial Commerce Department prior to the end of December each year, and the Provincial Commerce Department shall summarize and report the information to the provincial government. The provincial government shall conduct special supervision of all regions and the relevant departments at its discretion, commend regions with better achievements in actual utilization of foreign capital by circulating a notice, and hold regions, departments and relevant liable persons with ineffective work accountable.
Annex: Form of Division of Work Tasks


Serial Number

Measures

Content

Entities Responsible

1

(1) Further expanding the fields for market access

The easing of restrictions on foreign capital access shall be advanced. According to the relevant arrangements of the state, the removal of foreign stake restrictions in the manufacturing of special-purpose vehicles and new energy vehicles in the China (Guangdong) Pilot Free Trade Zone, the cancellation of the foreign stake restrictions in ship design, maintenance of regional airliners and utility aircrafts, human resources service institutions, international maritime transport companies, and rail passenger transport companies, the easing of the restrictions on foreign stake and scope of business of foreign funded banks and life insurance companies, and the allowing of foreign performance brokerage proprietorships established in the China (Guangdong) Pilot Free Trade Zone to provide services across the country, which shall be promoted across the province as early as possible with efforts, shall be gradually advanced. The cancellation of the foreign stake restrictions in the building and operation of human resource service institutions and gasoline stations (chain gasoline stations with more than 30 branches established by the same overseas investor and selling different types and brands of refined oil from several suppliers), the allowing of foreign capital to have a relatively controlling stake in securities companies, securities investment fund management companies, and futures companies which meet stake requirements, and the allowing of foreign investors to invest in the business of Internet service premises and call centers shall be gradually advanced.

The Provincial Commerce Department, the Development and Reform Commission, the Economy and Information Technology Commission, the Human Resources and Social Security Department, the Transport Department, Culture Department, the Press, Publication, Radio, Film and Television Administration, the Financial Service Office, the Provincial Communications Administration, and the Guangdong Branch of the China Securities Regulatory Commission shall be responsible according to division of duties.

2

 

 

 

The opening up of the China (Guangdong) Pilot Free Trade Zone to the service sector in Hong Kong and Macao under the CEPA shall be deepened. According to the relevant arrangements of the state, the expansion of the scope of legal affairs accepted and undertaken by partnership-type joint operations between law firms of Hong Kong or Macao and Chinese mainland shall be promoted, the mode of administration of project construction from Hong Kong shall be implemented on a trial basis in the project construction field, and Hong Kong and Macao lanes shall be administered as special domestic lanes.

The Provincial Office of the Leading Group of the Work on the China (Guangdong) Pilot Free Trade Zone, the Justice Department, the Housing and Urban-Rural Development Department, the Transport Department, and the Hong Kong and Macao Affairs Office (The first entity shall be the entity taking the lead, and the same rule shall apply hereinafter)

 

 

3

(2) Enhancing fiscal rewards for utilization of foreign capital

New foreign-funded projects shall be rewarded. From 2017 to 2022, for new projects (except projects in the real estate industry, the financial industry and the quasi-fund-raising industry) with an annual actual amount of foreign capital (excluding the loan taken out by foreign parties, and the same rule shall apply hereinafter) exceeding 50 million USD, established in Guangdong, the provincial public finance shall give reward of not less than 2% of their actual foreign capital for the current year, but not more than 100 million yuan. Manufacturing projects with an annual actual amount of foreign capital exceeding 100 million USD, newly established in Guangdong by world top 500 enterprises (according to the list of the Fortune magazine, and the same rule shall apply hereinafter) or enterprises leading an industry globally and IAB (new-generation information technology, artificial intelligence and biomedicine) or NEW (new energy and new materials) manufacturing projects with an annual actual amount of foreign capital not less than 30 million USD, may be given key support in a project-by-project manner.

The Provincial Commerce Department, the Development and Reform Commission, the Finance Department, and all the municipal people's governments at and above the prefecture level shall be responsible

4

 

 

 

Capital increase and expansion of assets by foreign capital shall be encouraged. From 2017 to 2022, for capital increase projects with an annual actual amount of foreign capital (except projects in the real estate industry, the financial industry and the quasi-fund-raising industry, and the same rule shall apply hereinafter) exceeding 30 million USD, the provincial public finance shall give reward of not less than 2% of their actual foreign capital for the current year, but not more than 100 million yuan. Manufacturing projects with an annual actual amount of foreign capital exceeding 100 million USD, established by capital increase in Guangdong by world top 500 enterprises or enterprises leading an industry globally may be given key support in a project-by-project manner.

The Provincial Commerce Department and the Finance Department shall be responsible

 

 

5

 

 

 

The development of the headquarters economy shall be supported. From 2017 to 2022, for the headquarters or regional headquarters of transnational corporations exceeding 10 million USD, newly established in Guangdong, the provincial public finance shall give reward of not less than 2% of their actual foreign capital for the current year, but not more than 100 million yuan. If the headquarters or regional headquarters of a foreign-funded transnational corporation has made an annual contribution of more than 100 million yuan to the provincial public finance for the first time, the provincial public finance shall give it reward for one time, equivalent to 30% of its contribution to the provincial public finance for the current year, but not more than 100 million yuan.

The Provincial Commerce Department, the Development and Reform Commission and the Finance Department shall be responsible

 

 

6

 

 

 

The arrangements for overlapped reward shall be encouraged. Regions with good conditions may separately arrange reward on the basis of the reward from the provincial public finance.

The municipal people's governments at and above the prefecture level shall be responsible

 

 

7

(3) Strengthening guarantees for land use

The guarantees for land used for foreign-funded manufacturing projects shall be strengthened. For the land used by foreign-funded manufacturing projects with actual investment exceeding 100 million yuan, the province and the cities shall jointly arrange land use plans and quotas. The land used for foreign-funded projects listed as provincial key construction projects according to procedures, as recommended by all the people's governments at and above the prefecture level, shall be guaranteed. The property rights in industrial properties built by foreign-funded manufacturing enterprises shall be allowed to be divided with each building, floor or any other fixed limit as the basic unit and used to bring in the industry projects of cooperative partners of relevant industry chains. Foreign investors shall be supported in establishing high-standard factories, which shall be allowed to be divided for registration and alienation with each building, floor or any other fixed limit as the basic unit. A foreign-funded manufacturing enterprise that uses an existing industrial property to develop producer services or establish maker space, innovation workshop or any other hackerspace may use the land for the original purpose and according to the original type of the right in the land within five years; and if relevant formalities for land use need to be undergone at expiry of the period with respect to transfer, the relevant provisions shall apply.

The municipal people's governments at and above the prefecture level, the Provincial Land and Resources Department, the Development and Reform Commission, and the Commerce Department shall be responsible

8

 

 

 

Foreign-funded enterprises shall be supported in renewing old urban areas, factories and villages. Where the existing construction land under the name of a foreign-funded enterprise conforms to the policies for renewal of old urban areas, factories and villages, and the land was used before December 31, 2009, it shall be allowed to be included in the scope of renewal. When the government renews old urban areas, and a foreign-funded industrial project required to be relocated complies with the national industry policies, industrial land may be arranged for it by assignment by agreement or lease, with the review of the county or municipal land and resources department and the approval of the people's government at the same level. If an existing site conforms to the policies for renewal of old urban areas, factories and villages, the foreign-funded enterprise shall be encouraged to conduct the renewal on its own and pay the land price and relevant tax and fees as provided; and if the government recovers the right to use land according to the law and assigns it by the means of "bidding, auction or listing," compensation shall be awarded with the proceeds of the assignment as provided.

The municipal people's governments at and above the prefecture level, the Provincial Land and Resources Department, the Housing and Urban-Rural Development Department, the Commerce Department, and the Culture Department shall be responsible

 

 

9

 

 

 

The guarantees for the land used for headquarters shall be strengthened. For the land used by world top 500 enterprises or the headquarters or regional headquarters of enterprises leading an industry globally (hereinafter collectively referred to as the "foreign-funded headquarters") to establish office properties on their own, the province and the cities shall jointly arrange land use plans and quotas. The property rights in an office property built by key foreign-funded headquarters on its own shall be allowed to be divided for registration and alienation with each building, floor or any other fixed limit as the basic unit, and the accumulative total of the area of the office property divided for registration and alienation shall not exceed 40% of the total property area.

The municipal people's governments at and above the prefecture level and the Provincial Land and Resources Department shall be responsible

 

 

10

 

 

 

The land cost of foreign-funded projects shall be reduced. For land intensive foreign-funded industrial projects in the industries the province develops in priority, the reserve price for the assignment of land shall be fixed based on 70% of the national minimum price standards for industrial land corresponding to the grades of land in the place where the land is located. If a medical, education, cultural, elderly support, sport, or any other public service project jointly invested in by a foreign investor and the government may use appropriated land, the land shall be allowed to be supplied in the manner of contributing capital or buying a stake by converting state-owned construction land into money.

The municipal people's governments at and above the prefecture level, the Provincial Land and Resources Department, the Education Department, the Civil Affairs Department, the Housing and Urban-Rural Development Department, the Culture Department, the Health and Family Planning Commission, and the Sport Bureau shall be responsible

 

 

11

 

 

 

The application of assignment of industrial land within a flexible term to foreign-funded projects shall be encouraged. If assignment of industrial land within a flexible term is applicable, the correction factor for the term of the reserve price for the assignment of the land may be fixed according to the ratio of lease term to the maximum term of assignment of industrial land. For industrial land meeting the conditions for extension at the expiry of the term, the term may be extended by assignment by agreement according to relevant provisions. If, on the premise of conformity with the plans and non-change of the destination, the industrial and mining factories and buildings used for storage on industrial land and storage land are re-constructed, adapted, or expanded, or the underground space is utilized to raise plot ratio and building coverage ratio, the shortfall in land prices shall be no longer collected.

The municipal people's governments at and above the prefecture level, the Provincial Land and Resources Department, the Development and Reform Commission, and the Housing and Urban-Rural Development Department shall be responsible

 

 

12

 

 

 

Foreign-funded projects shall be supported in use land by lease. Foreign-funded projects may undergo the formalities for plans and application for construction, among others, with the land lease entered into with the land departments and the acknowledgments of payment. Within the lease term, the buildings and constructions on the ground and the facilities attached thereto may be sublet and mortgaged. If a foreign-funded enterprise rents industrial land, the correction factor for the term may, at determination of the reserve rental, be fixed according to the ratio of lease term to the maximum term of assignment of industrial land. The extension of the lease term of industrial land necessary at the expiry shall be governed by relevant provisions.

The municipal people's governments at and above the prefecture level, the Provincial Land and Resources Department, and the Housing and Urban-Rural Development Department shall be responsible

 

 

13

(4) Supporting research, development and innovation

The establishment of foreign-funded research and development institutions shall be supported. Foreign-funded research and development institutions (including research and development bodies of enterprises, and the same rule shall apply hereinafter) shall be encouraged to establish laboratories and talent fostering bases together with institutions of higher learning, scientific research institutes, and enterprises from the province and enjoy relevant funding support. From 2017 to 2022, for a foreign-funded research and development institution determined to be a provincial research and development institution of new type, the provincial public finance shall provide subsidies up to 10 million yuan; for a foreign-funded research and development institution determined to be a postdoctoral workstation or a workstation of academicians of the Chinese Academy of Sciences and the Chinese Academy of Engineering, the provincial public finance shall provide subsidies up to one million yuan; and for a project for the building of a provincial enterprise technology center innovation platform of a foreign-funded research and development institution, the provincial public finance shall provide subsidies up to two million yuan. A foreign-funded research and development institution with independent status of legal person newly established in Guangdong by one of the world top 500 enterprises or an enterprise leading an industry globally may be given key support in a project-by-project manner.

The Provincial Science and Technology Department, the Development and Reform Commission, the Economy and Information Technology Commission, the Finance Department, and the Human Resources and Society Security Department shall be responsible

14

 

 

 

The environment for foreign-funded research, development and innovation shall be optimized. Foreign-funded research and development centers determined shall, when importing articles for the research and development of science and technology, be exempt from import tariff, value-added tax, and consumption tax and, when procuring indigenous equipment, be given a full refund of value-added tax. Foreign-funded enterprises that provide technology transfer, technology development, or technology consulting or technology services related thereto may, if meeting the prescribed conditions, be exempt from value-added tax as provided. The income tax incentive policy for technologically advanced service enterprises shall be promoted and implemented across the province, and foreign investors shall be guided in making more investment in high-technology services. Foreign-funded research and development centers that import research and development center equipment, reagents or samples may choose application for inspection in advance, appointment for customs clearance and physical release and customs clearance mode. Foreign-funded research and development centers shall be allowed to import second-hand key equipment especially for research and development in a bonded manner (the entry period may not extend beyond one year). Foreign-funded enterprises may, when importing research and development equipment, enjoy the province's special appropriation for foreign trade and economic development and the building of ports according to provisions.

The Provincial Commerce Department, the Science and Technology Department, the Finance Department, the Local Taxation Bureau, the Food and Drug Administration, the Provincial State Taxation Bureau, the Guangdong Sub-Administration of China Customs, and the entry-exit inspection and quarantine bureaus in Guangdong, Shenzhen and Zhuhai shall be responsible according to division of duties.

 

 

15

 

 

 

The industrialization of foreign-funded research and development achievements shall be supported. The pilot program of the support for product innovation by government procurement shall be strengthened, the scope of products under the pilot program shall be expanded, and the measures for encouragement by government procurement shall be taken in favor of the products of foreign-funded enterprises included in the provincial innovative product list. Foreign-funded holders of drug marketing licenses shall be encouraged to produce and settle national class-I new drugs, for which a green channel of inclusion in the provincial medical insurance drug catalog shall be opened and connected with drug price negotiations and centralized procurement. Foreign-funded research and development institutions shall be supported in participating in the establishment of the research and development public service platforms in the province and the science and technology schemes and projects of the government, enjoying funding support, and cooperating with institutions of higher learning, scientific research institutes, and enterprises from the province in participating in the major scientific research and construction projects and applying for science and technology development schemes and projects at all levels, of various types. An insurance compensation mechanism for high-value patent and first set of major technological equipment shall be established and improved.

The Provincial Science and Technology Department, the Finance Department, the Human Resources and Social Security Department, the Food and Drug Administration, the Intellectual Property Bureau, the Guangdong Branch of the China Insurance Regulatory Commission, and municipal people's governments at and above the prefecture level shall be responsible

 

 

16

(5) Giving more financial support

The support by industry funds shall be enhanced. The Guangdong Provincial Industry Development Fund shall be used to support in priority by equity investment and other means world top 500 enterprises and enterprises leading an industry globally in making investment in Guangdong and the province's major transnational acquisition projects in making investment in the province.

The Provincial Economy and Information Technology Commission, the Finance Department, and the Commerce Department shall be responsible

17

 

 

 

Financial administration and innovation on services shall be conducted. By depending on the non-resident account (NRA) system, the pilot program of "NRA plus" shall be explored and launched in the China (Guangdong) Pilot Free Trade Zone, and foreign-funded enterprises in the zone shall be supported in conducting universal cross-border two-way RMB and foreign currency financing and obtain RMB and foreign currency financing within the foreign debt quota double the net assets; and a foreign-funded enterprise shall be supported in issuing bonds in the zone and overseas and allowed to remit the funds raised by issuing bonds overseas back to China as capital funds to use. Foreign-funded transnational corporations shall be supported in choosing member enterprises (including finance companies) registered, established and actually operated or invested in within the China (Guangdong) Pilot Free Trade Zone as presiding enterprises to establish cross-border two-way RMB cash pools and enhance their capability to allocate group funds. All regions shall be encouraged to promote the mode of patent-pledged financing of "loan plus guarantee insurance/security plus fiscal risk compensation," establish appropriation for intellectual property right-pledged financing risk compensation, and arrange subsidies for intellectual property right pledge interest and intermediary (insurance, guarantee and evaluation) services. Financial institutions shall be encouraged to issue collective intellectual property right enterprise bonds. The pilot program of collecting foreign currency rental business for commercial leasing of aircrafts and ships, among others, shall be vigorously launched, and foreign-funded investment and finance lease companies in the China (Guangdong) Pilot Free Trade Zone shall be supported in obtaining qualifications for the pilot program and conducting foreign currency settlement business.

The Provincial Financial Service Office, the Commerce Department, the Office of the Leading Group of the Work on the China (Guangdong) Pilot Free Trade Zone, the Intellectual Property Bureau, the Guangzhou Branch of the People's Bank of China, the Guangdong Office of the China Banking Regulatory Commission, and the Guangdong Office of the China Insurance Regulatory Commission shall be responsible

 

 

18

 

 

 

Foreign-funded enterprises shall be supported in directly raising financing in China. Foreign-funded enterprises shall be supported in being publicly traded at the main board, the small- and medium-sized enterprises board, and the secondary board market and listed at the new third board; issuing enterprise bonds, corporate bonds and convertible bonds; and using debt financing instruments of non-financial enterprises to raise financing. Foreign-funded enterprises shall equally enjoy the supporting policies of the province relating to the domestic listing, listing at the "new third board" and financing at regional equity markets of private enterprises.

The Provincial Financial Service Office, the Development and Reform Commission, the Economy and Information Technology Commission, the Finance Department, the Commerce Department, the Guangzhou Branch of the People's Bank of China, and the Guangdong Office of the China Securities Regulatory Commission shall be responsible

 

 

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(6) Enhancing talent support

The "Guangdong Exceptional Card" for talents shall be promoted. Senior executives of foreign-funded enterprises, medium and senior executives of the headquarters or regional headquarters of foreign-funded transnational corporations, high-level research and development talents and high-value international invention patent inventors of foreign-funded research and development institutions, project experts and winners at world skill contests, and special talents from Hong Kong, Macao and Taiwan employed by foreign-funded enterprises shall be included as service recipients of the "Guangdong Exceptional Card." The fields in which the "Guangdong Exceptional Card" may be used as identification certificates in Guangdong shall be gradually expanded. A holder of the "Guangdong Exceptional Card" and his/her spouse and minor children may enjoy local talent housing, education, medical care, elderly support and other policy treatment equally with the residents with household registration in the place of his/her enterprise. A Chinese holder of the "Guangdong Exceptional Card" and his/her spouse and minor children may apply for Hong Kong and Macao visit visa and other exit/entry certificates in Guangdong A foreign holder of the "Guangdong Exceptional Card" may apply for a foreigner work permit up to five years and a residence permit effective for five years, and the promised period for handling the business shall be reduced by one half of the statutory handling period; and any foreigner meeting the conditions in the Measures for the Administration of Examination and Approval of Foreigners' Permanent Residence in China and the entry/exit policies and measures of the Ministry of Public Security supporting the building of the China (Guangdong) Pilot Free Trade Zone and innovation-driven development shall be recommended in priority to apply for foreigner permanent residence identification certificate; and may directly apply in China for the foreigner work permit.

The Provincial Human Resources and Social Security Department, the Public Security Department, the Education Department, the Housing and Urban-Rural Development Department, the Commerce Department, the Health and Family Planning Commission, and the Intellectual Property Bureau shall be responsible

20

 

 

 

Enhancing talent incentive measures. All regions shall be encouraged, by reference to the practice of Qianhai of Shenzhen in Guangdong province, to appropriately reward holders of the "Guangdong Exceptional Card" who have made contributions to local economy and society. The talents of foreign-funded enterprises may apply as provided for the talent projects and science and technology projects of the province, including the "Pearl River Talent Scheme," the "Guangdong Special Support Scheme," and the "Sailing Scheme." High-level foreign talents as determined according to the standards of the province for determination of high-level foreign talents may enjoy facilitation measures for entry and exit, stay and residence, and employment of foreign domestic helpers. New types of foreign-funded research and development institutions and innovation-oriented foreign-funded enterprises shall be supported in appraising talents independently. High-level overseas talents working with foreign-funded research and development institutions after returning to China may be directly determined to have senior professional titles. High-level foreign talents may, in the manner of "undertaking system plus insufficiency-tolerance acceptance," apply for foreigner work permits valid for not more than five years, and the promised period for handling the business shall be reduced by one half of the statutory handling period. Foreign students shall be supported in participating in innovation and startup activities in Guangdong. Holders of foreigner permanent residence identification certificates who have established science and technology enterprises in Guangdong shall be given the same treatment as Chinese citizens. The six measures applicable to the China (Guangdong) Pilot Free Trade Zone in the entry/exit policies and measures supporting the building of the China (Guangdong) Pilot Free Trade Zone and innovation-driven development shall be gradually promoted and implemented across the province. The relevant persons of foreign-funded research and development institutions who have made outstanding contributions to the progress in science and technology in the province may be recognized and rewarded according to the provisions on recognition and rewards issued by the province and the state.

The Provincial Human Resources and Social Security Department, the Education Department, the Science and Technology Department, the Public Security Department, the Administration for Industry and Commerce, and all the municipal people's governments at and above the prefecture level shall be responsible

 

 

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(7) Strengthening the protection of intellectual property rights

The intellectual property protection mechanism shall be improved. The building of the China (Guangdong) Pilot Free Trade Zone Intellectual Property Right Protection Center shall be accelerated, and a quick patent examination, confirmation and defense mechanism shall be established and improved. A direct protection system for intellectual property rights of foreign-funded enterprises shall be promoted. The pilot program of the reform of comprehensive law enforcement relating to intellectual property rights shall be launched, and a cross-region, cross-department intellectual property right case transfer, information notification, and cooperative investigation mechanism shall be established. Special law enforcement relating to trademarks shall be enhanced, and the exclusive rights to use trademarks of foreign-funded enterprises shall be strictly protected. Intellectual property right protection rules and regulations in the Internet, e-commerce, big data and other fields shall be developed.

The Provincial Intellectual Property Bureau, the Public Security Department, the Administration for Industry and Commerce, the Administration of Quality Supervision, Inspection and Quarantine, the Guangdong Sub-Administration of China Customs, and all the municipal people's governments at and above the prefecture level shall be responsible

22

 

 

 

The intellectual property right service mechanism shall be improved. An intellectual property right introduction platform shall be set up, and the introduction of high-value intellectual property rights shall be strengthened. Internationalized intellectual property right trading centers shall be founded, a work mechanism for the development of the patent navigation industry shall be established and improved, and the transfer and transformation of high-value intellectual property rights shall be promoted. The establishment of trademark business acceptance windows shall be advanced to facilitate foreign-funded enterprises in registration and pledge of trademarks. A joint assessment mechanism of patent rights, trademark rights and copyrights, a pledge financing risk apportionment mechanism, and a pledge quick disposition mechanism shall be established. An intellectual property right holder system in favor of stimulating innovation shall be developed. Foreign-funded enterprises shall be encouraged to apply for patent in China, and the inventions, discoveries and other scientific and technological achievements obtained by them may participate in various awards at all levels in the province.

The Provincial Intellectual Property Bureau, the Science and Technology Department, the Administration for Industry and Commerce, the Press, Publication, Radio, Film and Television Administration, the Financial Service Office, and all the municipal people's governments at and above the prefecture level shall be responsible

 

 

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(8) Improving investment and trade facilitation

The implementation of a group of foreign investment approval (recordation) items shall be delegated. The procedures for establishment and recordation of modification of foreign-funded enterprises shall be simplified and further delegated by prefecture-city commerce departments to the county (city and district) commerce departments for implementation. The following 18 provincial administrative licensing matters shall be delegated according to the law to the corresponding departments of all the municipal governments at and above the prefecture level for implementation and, when conditions are mature, gradually delegated to the administration commissions of national development zones for implementation: the approval of establishment and modification (of contracts and bylaws) of foreign-funded enterprises in the fields including cinemas, commercial medical institutions, travel agencies, gasoline stations and design, manufacturing and repair of ships (including sections) (The Provincial Commerce Department); the confirmation of foreign-funded projects which must be granted by the province as required by the state (The Provincial Development and Reform Commission); the confirmation of technological improvement projects in the foreign investor-restricting category in the industry and information technology field which must be granted by the province as required by the state (The Provincial Economy and Information Technology Commission); the approval of qualifications for retail of refined oil (The Provincial Economy and Information Technology Commission); the approval of establishment of Chinese-foreign equity talent intermediary agencies and Chinese-foreign equity and Chinese-foreign contractual employment agencies (The Provincial Human Resources and Social Security Department); the preliminary review of the land used for foreign-funded construction projects within the provincial jurisdiction in national development zones (except construction projects of party and government department office buildings and other projects requiring as provided the approval of the National Development and Reform Commission or the provincial government) (The Provincial Land and Resources Department); the approval of construction project environmental impact reports and report forms (The Provincial Environmental Protection Department); the approval of introduction of foreign investment in road transport business (The Provincial Transport Department); the approval of conducting international ship management business (The Provincial Transport Department); the approval of water conservancy plans for production and construction projects (The Provincial Water Resources Department); the approval of establishment of foreign-funded medical institutions (The Provincial Health and Family Planning Commission); the establishment registration, modification and deregistration of foreign-funded enterprises and their branch offices (The Provincial Administration for Industry and Commerce); the approval of establishment of foreign-funded cinemas (The Provincial Press, Publication, Radio, Film and Television Administration); and the licensing of the business of foreign-funded travel agencies (The Provincial Tourism Administration).

The Provincial Commission Office of Public Sectors Reform, the Development and Reform Commission, the Economy and Information Technology Commission, the Science and Technology Department, the Human Resources and Social Security Department, the Land and Resources Department, the Housing and Urban-Rural Development Department, the Environmental Protection Department, the Transport Department, the Water Conservancy Department, the Commerce Department, the Health and Family Planning Commission, the Administration for Industry and Commerce, the Press, Publication, Radio, Film and Television Administration, the Tourism Administration, and all the municipal people's governments at and above the prefecture level shall be responsible according to division of duties

24

 

 

 

The services supporting foreign investment shall be optimized. The pre-access national treatment plus negative list management mode shall be comprehensively implemented. Enterprise-related fees or charges catalog and list systems including administrative charges, government funds, and enterprise-related charges for commercial services priced by the government shall be established. Qualified the head offices of foreign-funded enterprises in the province that conduct cross-region business and have the independent status of legal person and their branch offices shall be allowed to pay value-added tax on a consolidated basis, and branch offices may pay income tax to local treasuries. The profit distributed by a resident enterprise in China to an overseas investor who directly invested it in an investment project in the encouragement category in conformity with specified conditions, shall be entitled to the deferred tax payment policy and be provisionally exempt from withholding tax. When key foreign-funded projects make industrial and commercial modifications and apply for invoices, support shall be given in priority, and review shall be conducted in a timely manner. The process of approval of the unfixed-hour work system and the work system of comprehensive calculation of work hour shall be optimized, and the promised period of business transaction shall be reduced by one third of the statutory period thereof. The authorization and procuration system for major foreign-funded projects shall be vigorously explored, and special bodies appointed or authorized by all regions shall provide procuration services with respect to the administrative approval items as authorized by foreign investors. The recordation of establishment of foreign-funded enterprises shall be included in the reform of "integrating certificates into one" and "one code for one business license." The power, duty and standards of approval of the government shall be further regulated, the process of approval of enterprise investment shall be optimized, and existing investment approval items and the periods for the approval thereof shall be reduced by one quarter.

The Provincial Commerce Department, the Commission Office of Public Sectors Reform, the Development and Reform Commission, the Finance Department, the Human Resources and Social Security Department, the Administration for Industry and Commerce, the Local Taxation Bureau, the Provincial State Taxation Bureau, and all the municipal people's governments at and above the prefecture level shall be responsible according to division of duties

 

 

25

 

 

 

Trade facilitation shall be improved. The international trade "single windows" shall be reproduced and promoted at the ports across the province, and a service platform supporting trade facilitation in line with the common international rules shall be built. The nationwide customs clearance integration reform shall be implemented, the parallel mode of customs declaration and application for inspection shall be comprehensively promoted, it shall be realized that enterprises "make customs declaration and receive inspection in one place and are granted clearance for one time," the intelligent supervision of freight ports shall be strengthened, the ratio of non-intrusive inspection shall be raised, and the time for customs clearance of goods shall be reduced by one third. The recordation of inspection and quarantine enterprises and commercial recordation shall be included in the reform of "integrating certificates into one" and "one code for one business license," paperless processing in the whole process shall be promoted, mobile inspection terminals shall be popularized, and the time for inspection and quarantine customs clearance of import goods and export goods shall be reduced by one third. Prefecture cities with good conditions shall be supported in expanding the scope of application of the incentive policy for exempting foreign trade enterprises without problems in inspection from lifting, shifting and warehouse charges, and the full coverage of customs regulation areas shall be gradually realized and extended to the inspection and quarantine parts.

The Provincial Port Office, the Commission Office of Public Sectors Reform, the Economy and Information Technology Commission, the Administration for Industry and Commerce, the Administration of Quality Supervision, Inspection and Quarantine, the Food and Drug Administration, the Guangdong Sub-Administration of China Customs, the entry-exit inspection and quarantine bureaus in Guangdong, Shenzhen and Zhuhai, and all the municipal people's governments at and above the prefecture level shall be responsible according to division of duties

 

 

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(9) Optimizing the foreign capital attraction environment of key parks

The interaction between the policies of key parks shall be strengthened. Development zones at and above the provincial level in eastern, western and northeastern China shall be supported in applying for being included in the provincial industry relocation industrial parks for administration and enjoying the supporting policies relating to provincial industry relocation as provided. For foreign-funded projects newly established in national development zones, parks and the places where the projects are located shall be encouraged, by reference to the enterprise income tax incentive catalogs of Qianhai of Shenzhen and Hengqin of Zhuhai, to give reward in certain proportion to the direct economic contributions of the projects. The reform relatively centralizing administrative licensing power shall be advanced, and national development zones meeting the prescribed conditions shall be supported in promoting the mode of administrative approval bureaus and implementing "one stamp for approval."

The Provincial Commerce Department, the Commission Office of Public Sectors Reform, the Economy and Information Technology Commission, the Science and Technology Department, and all the municipal people's governments at and above the prefecture level shall be responsible

27

 

 

 

The incentive measures for the development of parks shall be enhanced. The bond financing raised by local governments shall support in priority the construction of infrastructures and major projects of key investment attraction platforms such as the China (Guangdong) Pilot Free Trade Zone and national development zones. Development zones shall be encouraged to expand areas, adjust their locations and establish enclave parks. Cities at and above the prefecture level shall be authorized to approve the expansion and relocation of provincial economic development zones and file the approval results with the provincial government. Foreign-funded projects relocated from the Pearl River Delta to provincial industrial parks (including provincial industry relocation industrial parks and parks entitled to provincial industrial relocation policies) may enjoy the relevant inclusive reward and overlapped reward of the provincial supporting fiscal policies for joint development of industries as provided; and foreign-funded projects newly established in provincial industrial parks may enjoy the same policies by analogy.

The Provincial Commerce Department, the Science and Technology Department, the Economy and Information Technology Commission, the Finance Department, the Land and Resources Department, and all the municipal people's governments at and above the prefecture level shall be responsible according to division of duties

 

 

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(10) Improving the guarantee mechanisms for utilization of foreign capital

The organization and leadership of attraction of businesses and investment shall be strengthened. Municipal and provincial governments shall develop a coordination mechanism for the coordination of utilization of foreign capital in which primary leaders take the lead so as to regularly coordinate the resolution of major critical problems restricting the utilization of foreign capital by the province, especially the investment in Guangdong by world top 500 enterprises. The overseas economic and trade affairs institutions from across the province shall be consolidated and optimized, and the development of the province's internationalized investment promotion system radiating the globe shall be accelerated. The foreign-funded enterprise complaint mechanism shall be improved. The attraction of businesses and investment shall be regulated, the policy promises made to investors in accordance with the law shall be strictly honored, and various contracts entered into in accordance with the law in business and investment attraction and other campaigns shall be conscientiously performed.

The Provincial Commerce Department, the Council for the Promotion of International Trade, and all the municipal people's governments at and above the prefecture level shall be responsible

29

 

 

 

The incentive mechanism for utilization of foreign capital shall be improved. Regions with better achievements in actual utilization of foreign capital shall be commended by circulating a notice across the province. Officials with outstanding performance in attraction of businesses and investment shall be promoted in priority under the same conditions. Policies in favor of official outbound business attraction groups shall be implemented, key guarantees shall be provided when outbound travel plans are made for official business, and exit formalities shall be supported in being undergone in priority.

The Provincial Commerce Department, the Foreign Affairs Office, and all the municipal people's governments at and above the prefecture level shall be responsible