The latest announcement from the State Council, heavyweight! Intensify efforts to attract foreign investment in China | Mechanism | Strength

The State Council recently issued the "Opinions on Further Optimizing the Foreign Investment Environment and Increasing the Attraction of Foreign Investment", proposing 24 policy measures in 6 aspects, requiring better coordination of domestic and international situations, creating a market-oriented, legal, and internationalized first-class business environment, fully leveraging China's advantages in the super large scale market, and attracting and utilizing foreign investment more vigorously and effectively.

Increase efforts to attract foreign investment in key areas

Support foreign investment in establishing research and development centers in China, collaborate with domestic enterprises to carry out technology research and industrialization applications, and encourage foreign investment enterprises and their established research and development centers to undertake major scientific research projects.

On the premise of complying with relevant laws and regulations, accelerate the landing and production of foreign-invested projects in the biopharmaceutical field, encourage foreign-invested enterprises to carry out clinical trials of overseas listed cell and gene therapy drugs in China in accordance with the law, and optimize the application process for registration of drugs that have been transferred from overseas production to domestic production.

Support foreign-invested enterprises in fields such as advanced manufacturing, modern services, and digital economy, as well as various vocational colleges and training institutions to carry out vocational education and training.

Play a leading and driving role in the comprehensive pilot demonstration of expanding opening up in the service industry

Connect with international high standard economic and trade rules, and increase the comprehensive pilot demonstration of expanding the opening up of the service industry.

Encourage the development of combined pledge financing for intellectual property, equity, and related physical assets, and support the standardized exploration of intellectual property securitization.

Orderly increase pilot areas for equity investment and venture capital share transfer.

We will steadily increase the number of pilot areas for opening value-added telecommunications services, such as Internet virtual private network services, information services, and Internet access services.

Expand channels to attract foreign investment

Encourage eligible foreign investors to establish investment companies and regional headquarters. Enterprises established by relevant investment companies can enjoy the treatment of foreign-invested enterprises in accordance with relevant national regulations.

Deeply implement pilot projects for qualified overseas limited partners to invest domestically, establish and improve the QFLP foreign exchange management facilitation system, and support direct domestic related investments with the raised overseas RMB.

Support gradient transfer of foreign-invested enterprises

By relying on various open platforms such as free trade pilot zones, national level new areas, and national level development zones, we encourage the eastern region to explore paired industrial transfer cooperation with the central, western, and northeastern regions, as well as border areas, through sharing mechanisms such as output value and benefits.

For foreign-invested enterprises that conduct overall gradient transfer within China, supervision shall be implemented according to the customs credit rating already obtained in the original location.

Improve the mechanism for promoting the construction of foreign-funded projects

Establish a specialized mechanism for major and key foreign-funded projects, strengthen element support, policy support, and service guarantee, and promote early signing, landing, construction, and production of foreign-funded projects.

Introduce policies and measures to promote green electricity consumption, and support foreign-invested enterprises to participate more in green certificate trading and cross provincial and cross regional green electricity trading.

Ensure that foreign-invested enterprises participate in government procurement activities in accordance with the law

Promptly introduce relevant policy measures to further clarify the specific standards for "production within China".

Research and innovate collaborative procurement methods, and support foreign-invested enterprises in innovating and developing globally leading products in China through measures such as first purchase orders.

Promote the accelerated revision of the Government Procurement Law.

Carry out special inspections to ensure fair participation of business entities in government procurement activities, investigate and punish illegal and irregular behaviors such as differential treatment of foreign-invested enterprises in accordance with the law, and timely report typical cases.

Foreign invested enterprises may raise doubts and complaints in accordance with regulations if they believe that government procurement activities have harmed their rights and interests. Financial departments at all levels should accept and handle them fairly in accordance with the law.

Supporting foreign-invested enterprises to participate equally in the formulation of standards in accordance with the law

Promote the disclosure of information throughout the entire process of standard formulation and revision, and ensure that foreign-invested enterprises and domestic enterprises participate equally in the standardization technical committee and standard formulation work in accordance with the law.

Encourage foreign-invested enterprises to independently develop or collaborate with other enterprises to develop enterprise standards and provide standardized services.

Promote national level service industry standardization pilot projects in comprehensive pilot demonstration areas for expanding opening up in the service industry.

Ensure equal access to support policies for foreign-invested enterprises

The policies introduced by various regions to support industrial development and expand domestic demand shall not exclude or discriminate against foreign-invested enterprises and their products and services by limiting brands or using foreign brands as reasons, except as explicitly stipulated by laws and regulations or involving national security fields. No additional conditions shall be set for foreign-invested enterprises and their products and services to enjoy the policies.

Establish a sound mechanism for protecting the rights and interests of foreign investment

Improve the mechanism for responding to international investment disputes, strengthen the main responsibility, strengthen dispute prevention, and properly handle international investment disputes.

We will resolutely crack down on malicious speculation that infringes on the legitimate rights and interests of foreign investment, such as publishing and disseminating false and infringing information through the internet, and strictly investigate and punish relevant responsible institutions and individuals in accordance with the law.

Establish and improve a complaint coordination mechanism for provincial-level foreign-invested enterprises, and promote the resolution of issues involving multiple departments or policy and institutional issues.

Strengthen administrative protection of intellectual property rights

Improve the administrative adjudication system for patent infringement disputes and increase the enforcement of administrative rulings.

Support various regions to rely on exhibition intellectual property workstations to accept intellectual property applications for exhibited products such as copyrights, patents, trademarks, etc., and provide effective measures to prevent infringement.

Strengthen the protection of intellectual property rights in the procurement of drugs and medical consumables, and enterprises participating in procurement activities must independently promise that there is no violation of laws and regulations such as patent law.

For products involving intellectual property disputes, relevant departments should strengthen communication and consultation, and carry out procurement activities in accordance with laws and regulations; For products that have been determined as patent infringement by administrative rulings of the intellectual property department or effective judgments of the people's court, timely measures such as non procurement and disqualification from selection shall be taken.

Intensify administrative enforcement of intellectual property rights

Resolutely crack down on infringement of intellectual property rights of foreign-invested enterprises, and carry out special law enforcement actions against cross regional and chain infringement violations.

Establish a sound mechanism for rapid collaborative protection of intellectual property rights, accelerate the processing of cases with clear facts and conclusive evidence in accordance with the law, establish and improve an integrated online and offline law enforcement mechanism, and appropriately simplify procedural requirements.

Standardize the formulation of foreign economic and trade policies and regulations

The formulation of various foreign-related economic and trade policies and measures should focus on enhancing transparency and predictability, listen to the opinions of foreign-invested enterprises in accordance with the law, and reasonably set transition periods for newly introduced policies and measures.

Optimize the residence suspension policy for foreign employees of foreign-invested enterprises

Continuously optimize entry and exit policies and measures, and provide convenience for foreign executives, technical personnel, and their families of foreign-invested enterprises to enter, exit, and stop residence.

Guide my embassies and consulates in key investment attracting countries or regions to continue providing convenience for multinational company executives to apply for visas, and timely promote my entry policies through overseas business institutions.

Provide convenience for foreign senior management and technical talents hired and recommended by qualified foreign-invested enterprises to apply for permanent residency.

Improve the application convenience of foreigners' permanent residence ID cards in public transport, financial services, medical security, Internet payment and other scenarios.

Exploring a Convenient Cross border Data Flow Security Management Mechanism

Implement the requirements of the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, establish a green channel for eligible foreign-invested enterprises, efficiently carry out security assessments of important data and personal information exports, and promote the orderly and free flow of data security.

Support Beijing, Tianjin, Shanghai, and the Guangdong Hong Kong Macao Greater Bay Area to pilot and explore the formation of a general data list that can flow freely, build service platforms, and provide cross-border data flow compliance services in the implementation of data export security assessments, personal information protection certification, and personal information export standard contract filing systems.

Overall optimization of law enforcement inspections for foreign-invested enterprises

We will coordinate the promotion of "double random, one public" supervision and credit risk classification management, and further reduce the proportion and frequency of spot checks on foreign-invested enterprises with low credit risk.

Support regions with conditions to coordinate law enforcement inspections related to enterprises, such as safety production, environmental protection, and product quality, and achieve the goal of "entering one door and investigating multiple issues".

Improve service guarantees for foreign-invested enterprises

Establish and improve the roundtable conference system for foreign-invested enterprises.

Establish and improve a linkage and coordination mechanism for major and key foreign-funded projects at all levels, and promptly coordinate and solve difficulties and problems encountered during project signing, construction, and production.

Do a good job in issuing certificates of origin for free trade agreements, and provide convenience for foreign-invested enterprises to enjoy tariff reduction policies.

Strengthen the guarantee of funds for promoting foreign investment

By coordinating and increasing support for iconic foreign-funded projects through the central special fund for foreign economic and trade development, we aim to promote the prompt implementation of these projects.

Improve the use of foreign investment promotion funds by local governments at all levels, and increase efforts to attract investment in key industrial chains.

Support regions to provide support for investment projects of key multinational corporations within their legal authority.

Encourage foreign-invested enterprises to reinvest domestically

Implement the policy of temporarily exempting foreign investors from withholding income tax for reinvestment of profits obtained domestically, increase publicity and guidance, guide local commerce, taxation and other departments to refine the scope of policy application, application materials, and processing procedures, and do a good job in specific implementation work.

Implementing tax preferential policies for foreign-invested enterprises

Counseling helps foreign individuals enjoy tax exemption policies such as housing subsidies, language training fees, and children's education fees in accordance with relevant national regulations.

Guide and assist foreign-funded research and development centers to enjoy the support of technology innovation import tax policies and value-added tax refund policies for purchasing domestic equipment in accordance with relevant national regulations.

Supporting foreign-invested enterprises to invest in areas encouraged by the state for development

Support regions to implement supporting incentive measures for foreign-invested enterprises that comply with the provisions of the Catalogue of Industries Encouraging Foreign Investment within their legal authority.

Implement supporting policies and measures related to tax exemption for imported equipment in encouraged foreign investment projects.

Establish a sound mechanism for attracting investment

Carry out the "Investment in China Year" series of activities, continuously build the "Investment in China" brand, establish and improve work mechanisms, and guide and serve local governments in promoting foreign investment.

Encourage regions with conditions to establish investment promotion cooperation mechanisms with relevant countries or regions, and adopt various forms to build investment promotion platforms.

Encourage regions to explore more effective and flexible employment mechanisms and salary systems for non civil servants and non public service positions in foreign investment promotion departments and teams. Through cross regional, cross level, and cross departmental transfers, strengthen the allocation of foreign investment promotion personnel, accelerate the establishment of a diversified foreign investment promotion work system, and promote the formation of a flexible and efficient coordination and linkage mechanism for foreign investment promotion involving multiple parties such as the government, investment attraction agencies, business associations, intermediary agencies, and leading enterprises in the industrial chain.

Facilitating overseas investment promotion work

Support investment promotion groups from various regions to regularly carry out overseas investment promotion, exhibition and other activities, and invite foreign investors to invest and negotiate in China.

For major and key foreign-funded projects, multiple round-trip business visas shall be issued to foreign personnel related to the project according to work needs.

Expand channels for promoting foreign investment

Strengthen the connection between my embassy and consulate and key enterprises stationed in the country or region, and promote investment opportunities in China.

Support regions to strengthen communication with the Ministry of Commerce and the China Council for the Promotion of International Trade's foreign economic, trade and investment promotion agencies, better leverage the role of investment promotion agencies established overseas in their respective regions, and strengthen contact and cooperation with foreign economic, trade and investment promotion agencies.

Optimize the evaluation of foreign investment promotion

Establish a sound evaluation system for the effectiveness of promoting foreign investment, pay attention to the actual contribution of attracting investment to economic and social development, prevent using statistical data on the scale of attracting investment and the actual amount of investment as the basis for assessment and related enterprise and personnel rewards and punishments, and effectively prevent fraudulent and vicious competition behaviors in promoting foreign investment.