Laws of the People's Republic of China

The General Administration of Customs

Circular of the General Administration of Customs on Implementing Relevant Articles of Interim Provisions for Investment in China by Enterprises with Foreign Investment

ShuShui [2000] No.642

October 14, 2000

Gaungdong branch and every customs office and college directly under the General Administration of Customs:

Interim Provisions for Investment in China by Enterprises with Foreign Investment (hereinafter referred to as Interim Provisions) jointly formulated by the Ministry of Foreign Trade and Economic Cooperation and State Administration for Industry and Commerce has been promulgated, in Article 16 of which it is stipulated that the enterprises with foreign investment that will invest in the central and western regions of the country may enjoy the treatment of enterprise with foreign investment, if the proportion of foreign contribution to the registered capital of the company that received the investment is not less than 25%. Relevant issues concerning the implementation of this Interim Provisions are hereby clearly defined as follows:

I.

Any company in central and western regions of the country, that received investment and has obtained the Certificate of Approval of the Enterprise with Foreign Investment and Business License in accordance with the above Interim Provisions, may apply at the local customs in charge for the customs duties preferential treatment towards enterprises with foreign investment, so long as it accords with the pertinent regulations in the Urgent Circular of General Administration of Customs on Implementation of Notice of State Council on Adjustment of Tax Policy for Imported Equipment (ShuShui [1997] No.1062), Circular of the General Administration of Customs on the Import Duties Policy for further Encouragement of Foreign Investment (ShuShui [1999] No.791) and Circular of the General Administration of Customs on Transmitting the List of Superiority Industries Inviting Foreign Investment in Central and Western Regions of the Country (ShuShui [2000] No.426)

II.

This preferential tax policy will be brought into Tax Concession Management System, in which "L" shall be filled as the character code. Its abbreviation in Chinese will be "Foreign Reinvestment in Central and Western Regions of the Country". The parameter base of item characters of the current Tax Concession Management System has been under maintenance.

III.

Every customs office concerned shall adhere to the guideline of administration by law, be firm in implementing three-level examination and approval system and strengthen follow-up management on goods of concession of tariff and is forbidden to expand the scope of tax exemption without authorization. Customs at places of import and local customs in charge shall reinforce their contact and cooperation with each other, improve work style, service and efficiency.

Should anything take place in practice, please promptly notify the department of tariff collection and administration under General Administration of Customs.

Attachment: Interim Provisions on Domestic investment by Enterprises with Foreign Investment (omitted)