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OFFICIAL WRITTEN REPLY OF THE STATE COUNCIL TO SUBORDINATES ON PROBLEMS OF TAX COLLECTION POLICY ON ENTERPRISES WITH FOREIGN INVESTMENT

    The Ministry of Foreign Economic Relations and Trade, the Ministry of
Finance and General Administration of Taxation:

    This is to acknowledge the receipt of your Request for Instructions on
Problems of Tax Collection Policy on Enterprises with Foreign Investment.
([1998] Wai Jin Mao Zhi Fa No. 928). The official written reply is hereby
given as follows:

    1.According to the decision of the Standing Committee of the National
People's Congress on "Interim Regulations Concerning Tax Collection of Value
Added Tax, Consumption Tax and Business Tax to be Applicable to the
Enterprises with Foreign Investment and Foreign Ventures ", with regard to the
refund policy of exceeding tax burden of the enterprises with foreign
investment the establishment of which were approved before December 31, 1993
should be carried out up to the end  of 1998, and there shall be no more
extension.

    2.With regard to the policy of exemption from imposition and refund with
respect to the export goods of enterprises with foreign investment  
the establishment of which were approved before December 31, 1993,(namely: the
measures to exempt from taxation over export goods, to put a domestic tax on
the raw materials procured domestically, to exempt from tax from the last
export link, not to deduct and refund to the tax amount of import items) shall
continue to be carried out up to the end of the year 2000.

    3.The existing measures on export tax refund shall still be implemented
with respect to the export goods of enterprises with foreign investment the
establishment of which were approved after January 1, 1994.

    4.The specific measures should be promulgated and implementation thereof
organized by you.