| Policies of Ningxia
Hui Autonomous Region on Foreign Investment
(Adopted by the 34th Executive Meeting of Ningxia Hui Autonomous
Region People¡¯s Government, promulgated by Decree No. 61 (2004)
of Ningxia Hui Autonomous Region People¡¯s Government, and
effective on May 26, 2004)
To further implement the Western Region Development Program,
broaden opening up to the outside world and cooperation between
the Eastern and Western Region, expand the scope of foreign
investment, and promote a leap-forward development of the
Region¡¯s economy and society, the Policies have been made
in accordance with the Law on Regional Autonomy of Ethnic
Minorities and Circular on Policies and Measures Pertaining
to the Development of the Western Region issued by Order No.
33 (2000) of the State Council, Suggestions on the Implementation
of Policies and Measures Pertaining to the Development of
the Western Region distributed by Order No. 73 (2001) of the
State Council¡¯s General Office, and other documents released
by the ministries concerned. Based on the principle of exploiting
the Regional particular advantages for mutual benefit and
development, in light of the regional actual conditions, the
policies and regulations have been worked out in details as
follows:
Part One Market Access and Registration
Article 1 The domestic and foreign enterprises and personal
investors, excluding those restricted explicitly by the State
laws and regulations and policies, are all welcome to have
access to the market and investment in Ningxia Hui Autonomous
Region. As for the scope of business, the administrative management
departments for industry and commerce shall verify that, in
accordance with the relevant laws and regulations, operations
in the prohibited areas are not permitted; operations in the
areas where examinations and approval are required are not
permitted before getting approval; and operations in the areas
where no examinations and approval are required are permitted
to make independent decisions on their target items.
Article 2 In case the enterprises are verified to meet the
requirements for corporate business, but their operation items
are still in the process of getting approval, they shall be
given business permits effective in a year, and be permitted
to have a bank account, and a cachet and a cachet specific
for financial affairs. Besides, their business scope shall
be verified only as Preparing to Construct rather than any
specific descriptions before all the procedures for examinations
and approval are well complete.
Article 3 Registered capital shall be paid within an extended
period. For the newly founded domestic capital enterprises,
the registered capital shall be paid by instalments within
1 or 2 years with a down payment accounting for 10% of the
total. Both the total and the amount paid of the registered
capital shall be indicated in the business permits given.
Article 4 Fewer restrictions on the set-up of enterprise
groups are required. In case the enterprises comprise a core
enterprise with the registered capital amounting to RMB£¤ 20
million and three controlling subsidiary companies as well,
they shall be registered as Group.
Article 5 Fewer restrictions on the name registration of
enterprises are required. For the enterprises with the registered
capital amounting to over RMB£¤ 1 million, Ningxia or Ningxia
Hui Autonomous Region shall be involved. Based on the principle
of neither repetition nor confusion, the application is verified
and approved according to the stipulated procedures.
Article 6 For the investment projects which meet all the
requirements of the State policies on industries and environmental
protection, raise all the capital on their own and have no
need for balancing the local resources, the on-file system
shall be implemented. Approval and initiation and examinations
by the departments concerned are not required any more. But
the enterprises have to submit evaluation documents on construction
projects¡¯ influence on environment to the departments of environmental
protection for examinations and approval by law; and project
proposals, research reports and other documents to the administrative
management departments for industry and commerce and the departments
for commercial affairs for registration by law. For the projects
with foreign investment, within the authority of local governments
of Ningxia, the procedures shall be simplified as the verification
and approval system, for examinations and approval of project
proposals and research reports are not required any more.
And other departments concerned shall offer supporting services.
Part Two Taxation
Section A Preferential Policies for Domestic Capital Enterprises
Article 7 For the newly founded industrial enterprises, their
enterprise income tax is, commencing from the day on which
their production and operation start, exempted from the first
to the third year, and levied with a 50 per cent reduction
in the forth and fifth year. For the newly founded enterprises
dealing in commerce and trade and services, their enterprise
income tax is, commencing from the day on which their production
and operation start, exempted in 3 years.
Article 8 The enterprises encouraged by the State shall be
subject to the enterprise income tax at a reduced rate of
15% by 2010. For those which enjoy such a preferential 15
per cent reduction, their enterprise income tax, when it is
levied with a 50 per cent reduction, shall be calculated by
cutting in half the payable amount of enterprise income tax
at a rate of 15%.
Article 9 For the industrial enterprises newly set up in
the south mountainous areas of the Region (including parts
of Guyuan City such as Yuanzhou District, Xiji County, Longde
County, Jingyuan County and Pengyang County, and parts of
Wuzhong City such as Tongxin County, Yanchi County and Hongsipu
County, and Haiyuan County of Zhongwei City), their enterprise
income tax is, commencing from the day on which their production
and operation start, exempted in 5 years. Especially, for
those engaging in farm and sideline product processing, after
the expiration of the period of treatment on the tax exemption,
their enterprise income tax shall be levied with a 50 per
cent reduction in 2 years. For the farm and sideline product
processing enterprises initiated by the villagers immigrating
to the plain areas, this Article shall be observed for reference.
Article 10 The industrialized agricultural enterprises, certified
as the State key leading enterprise by the Ministry of Agriculture
and other departments concerned, shall provisionally enjoy
the enterprise income tax exemption upon the application submitted
by the Leading Group for coordination of the Regional agricultural
industrialization.
Article 11 The existing enterprises (excluding those engaging
in finance, insurance, post and communication, construction
industry, entertainment business, real estate selling business
and land-use right transference, in services such as advertising,
sauna, massage, the Internet bars and oxygen bars, and in
commerce and trade including wholesale, a mixed business of
wholesale and retail, and other non-retail enterprises), commencing
from the year in which the laid-off, unemployed, and job-waiting
people employed are more than (or as many as) 50% of their
existing employees, shall enjoy the enterprise income tax
exemption in 3 years; Those which employ laid-off, unemployed,
and job-waiting people more than (or as many as) 30% of their
existing employees shall enjoy the enterprise income tax exemption
in 2 years.
Article 12 The enterprises served by scientific research
institutions and colleges and universities, shall enjoy the
enterprise income tax exemption for the businesses in technology
transfer, technical training, technological consultation,
technical services, and technology contract. For the economic
entities specially engaging in technology popularizing and
technical services, consultation and training, their income
tax is exempted in 5 years commencing from the day when business
starts; after the expiration of the period of treatment on
the tax exemption, they shall continue to enjoy the income
tax exemption in case their annual net income amounts to less
than RMB£¤ 300 thousand; otherwise, the income tax shall be
paid by law based on the amount in excess.
Article 13 In case the enterprises which scientific research
institutions are transformed into or join into use a piece
of land for technological development purposes, by the end
of 2006, their urban land use tax shall be exempted together
with housing tax, enterprise income tax, and business tax
for so called ¡°Four Technical Services¡±. For the scientific
research institutions mentioned above as well as the enterprises
responsible for trial production, income tax shall be exempted
during the test marketing period of their trial products.
Article 14 For the enterprises initiated by the designated
specialists of science and technology or serving agricultural
production before, during or after it, income tax is exempted
on the income from their technical and other services.
Article 15 In case the domestic enterprises of other provinces
participate in merger and/or acquisition of the Regional enterprises
insolvent or running under deficit for long, enterprise income
tax shall be exempted in 3 years commencing from the next
year after completion of merger and/or acquisition; and after
the expiration of the period of treatment on the tax exemption,
a 50 per cent reduction shall be levied in 2 years. In case
merger and/or acquisition occur between the Regional enterprises,
this Article shall be observed for reference.
Article 16 The enterprises engaging in software and integrated
circuitry, in case their income from the dominant business
accounts for over 70%, shall enjoy the enterprise income tax
exemption in 5 years commencing from the year in which they
start to profit.
Article 17 The State or Regional high tech enterprises, certified
by the State or Regional competent departments of science
and technology, shall enjoy the enterprise income tax exemption
in 5 years commencing from the year of certification.
Article 18 Enterprises are encouraged to raise the proportion
of expenditure on technological development. The expenditures
on research and development of new products, technologies
and techniques, or on introduction of advanced technologies
home and abroad to localization development are involved in
administration expenses with no restriction of proportions.
In case such expenditures actually increase by no less than
10% compared with those in the previous year, 50% of their
actually occurring amount shall be deducted from the taxable
income amount of the year.
Article 19 The projects on animal husbandry shall enjoy the
animal husbandry tax and grassland-use fees exemption in 5
years commencing from the year in which they start to profit.
Article 20 In case the enterprises make use of the wasted
resources listed in Resource Comprehensive Utilization Catalogue
(Revised in 2003) as dominant raw materials for production
and the rate of utilization amounts to over 30%, income tax
is exempted in 5 years.
Section B Preferential Policies on Income Tax of Enterprises
with Foreign Investment
Article 21 Enterprises with foreign investment shall enjoy
the 3 per cent local income tax exemption.
Article 22 The productive enterprises with foreign investment
founded in the administrative coverage of Yinchuan City shall
be subject to the enterprise income tax at a reduced rate
of 24 per cent.
Article 23 The productive enterprises with foreign investment
founded in the State economic and technological development
zone of Yinchuan (including Yinchuan high tech industry development
zone) shall be subject to the enterprise income tax at a reduced
rate of 15 per cent.
Article 24 The projects with a foreign investment of over
US$30 million and with a longer payback period, the projects
on energy and transportation infrastructure, and the technology-intensive
and knowledge-intensive projects, upon approval from the State
Administration of Taxation, shall be subject to the enterprise
income tax at a reduced rate of 15 per cent.
Article 25 The enterprises with foreign investment belonging
to the State encouraged industries shall be subject to the
enterprise income tax at a reduced rate of 15 per cent by
2010.
Article 26 The export-oriented enterprises with foreign investment,
after the expiration of the period of treatment on tax exemption
and reduction by law, shall be subject to the enterprise income
tax at a reduced rate of 15 per cent (the Yinchuan-based enterprises,
12 per cent) in the year in which their export volume accounts
for over 70% of their production value; those founded in Yinchuan
economic and technological development zone and those which
have enjoyed the reduced tax rate of 15 per cent, shall be
subject to the enterprise income tax at a reduced rate of
10 per cent in case they meet the requirement for the proportion
of export volume mentioned above.
Article 27 For the productive enterprises with a foreign
investment of over US$30 million, in addition to the income
tax exemption in 2 years from the year when they start to
profit and the 50 per cent income tax reduction in 3 years
by law, income tax (the local retention portion) payable for
3 years shall be involved in the local fiscal expense at the
same administrative level as a support given.
Article 28 For the productive enterprises with foreign investment
with the operation period more than a decade, enterprise income
tax shall, commencing from the year in which they start to
profit, be exempted in the first and second year; and levied
at a 50 per cent reduction from the third to fifth year. In
case the advanced technology enterprises certified by the
Regional departments for commercial affairs and of science
and technology remain in the certification after the expiration
of the period of treatment on income tax exemption and reduction
by law, 50 per cent of the local retention portion of enterprise
income tax shall be refunded at the stipulated tax rate in
3 years.
Article 29 In case the enterprises with foreign investment
make use of the resources listed in the Resource Comprehensive
Utilization Catalogue (revised in 2003) for production, after
they, as productive enterprises, have enjoyed the preferential
treatment on income tax exemption for 2 years and the 50 per
cent tax reduction for 3 years, the amount of the local retention
portion of their payable income tax shall be refunded in 2
years.
Article 30 For the enterprises with foreign investment certified
as the Regional high tech enterprises by the Regional competent
department of science and technology, which have enjoyed the
preferential treatment on income tax exemption for 2 years
and the 50 per cent tax reduction for 3 years, the amount
of the local retention portion of their payable income tax
shall be refunded in 3 years.
Article 31 For the enterprises with foreign investment dealing
in technological development, in case their expenses on technological
development occurring in the territory of China actually increase
by no less than 10% compared with those in the previous year,
upon examinations and verification and approval by the tax
authority, 50% of their actually occurring amount shall be
deducted from the taxable income amount of the year.
Article 32 For the project invested by the enterprises with
foreign investment belonging to the State encouraged industries,
within its total investment, the imported self-used machinery
and equipment, excluding the commodities explicitly prohibited
to be duty-free by the State, shall be exempted from tariff
and value-added tax on import.
Article 33 In case the enterprises with foreign investment
founded in Ningxia purchase home machinery and equipment within
their total investment, which meet the requirements for the
encouraged and/or Restriction B investment projects defined
in the foreign investment directory of a circular on adjusting
the taxation policies on the imported machinery and equipment
issued by Order No. 37 (1997) of the State Council and the
State Administration of Taxation, excluding the items involved
in the non-duty-free imported commodities directory for foreign
investment projects of the circular, 40% of the investment
amount for the purchase of home machinery and equipment shall
be deducted from the added amount of enterprise income tax
compared with that in the previous year. For the enterprises
with foreign investment and foreign enterprises, the annual
amount deducted of enterprise income tax cannot exceed the
added amount of enterprise income tax in the year when machinery
and equipment are purchased compared with that in the previous
year. If such added amount is not sufficient to deduct that
amount of investment, the investment amount in surplus may
be deducted from the added amount of enterprise income tax
in the continuing and consecutive tax years compared with
that in the year previous to the purchase of machinery and
equipment, however, the maximum term may not exceed 5 years.
(For enterprises with domestic investment, this Article shall
be observed as reference).
Article 34 Enterprises with foreign investment founded in
other parts of China are encouraged to reinvest in Ningxia.
In case the amount of foreign reinvestment (the actual contributed
capital of no less than RMB£¤ 2 million) takes the percentage
of no less than 25 of the registered capital, the reinvested
enterprise shall enjoy the treatments for enterprises with
foreign investment.
Article 35 For a foreign investor of an enterprise with foreign
investment, its profits earned from the enterprise shall be
exempted from income tax. Where he uses such profits directly
to reinvest into the enterprise for increasing its registered
capital, or as capital to invest and establish other enterprises
with foreign investment with the operating period not less
than 5 years, 40 per cent of the income tax amount already
paid for the reinvested portion shall, upon the application
of the investor and approval by the tax authority, be refunded;
in case the reinvestment has been withdrawn before the expiration
of five full years, the amount of refunded tax shall be paid
back.
Article 36 For the enterprises founded in Ningxia invested
by enterprises with foreign investment (including investors
of other provinces), which can play a supportive and leading
role of vital importance in the Regional social and economic
development by utilizing advanced technology with larger amount
of investment (over RMB£¤ 200 million) within a longer term
of investment (over 2 decades), the Regional Government shall,
based on the preferential policies provided in the preceding
paragraphs, grant supportive treatment of policies like discount
interests on a financial loan individually.
Article 37 For the management personnel of foreign enterprises,
the pre-tax items exempted from the individual income tax
shall be observed and implemented at a rate 5 to 10 times
as much as that indicated in the relevant terms of a circular
on deduction of pre-tax items from the individual income tax
issued by Order No. 86 (1999) of Ningxia Hui Autonomous Region
People¡¯s Government.
Section C Preferential Policies on Value Added Tax
Article 38 For the products, including nitrogen fertilizer
(excluding farming films and urea), phosphate fertilizer (excluding
di-ammonium phosphate), potash fertilizer and compound and
mixed fertilizer by using duty-free chemical fertilizer as
primary raw material, and pesticides and fodders permitted
to be produced and sold by the State, their production and
selling shall be exempted from value added tax.
Article 39 For the building material products, in case no
less than 30% of raw materials for their production are residual
solid waste such as powder coal ash and cinder from coal boiler
(excluding liquid slag from blast furnace), the value added
tax shall be refunded while levied.
Article 40 For the shale oil and other products by using
the abandoned shales produced in the process of coal mining,
the value added tax shall be refunded while levied.
Article 41 For software and integrated circuit products,
the amount that exceeds 3 per cent of the burden rate of the
value added tax shall provisionally be refunded while levied
by 2010.
Article 42 For electricity generated by using urban living
waste, the value added tax shall be refunded while levied;
in case of electricity generated by wind power, the value
added tax shall be levied at a reduced rate of 50 per cent.
Article 43 For individually-owned business, the value added
tax shall be levied in accordance with the regulations promulgated
by the State, that is, the monthly sales amount of goods of
RMB£¤ 5,000, the monthly sales amount of taxable services of
RMB£¤ 3,000, and for a business which can make a regular payment,
the sales amount of RMB£¤ 200 each time (day).
Article 44 For a State-level new product in 3 years commencing
from its production-start year, or a Region-level new product
in 2 years commencing from its production-start year, the
newly added amount of value added tax shall be refunded by
the local finance to the enterprise for the purpose of the
reinvestment in the commercialization of research findings.
Article 45 For the projects on industrialization of farm,
forestry, and animal husbandry products, in the form of foreign-owned
enterprises or joint ventures cooperative with rural collective
economic units and/or rural cooperative economic units, dealing
in production, processing or distribution of farm, forestry,
and animal husbandry products, in addition to the relevant
preferential policies on income tax, commencing from the day
when production and business start, the amount of value added
tax actually paid by the enterprises to the local government
in a tax year shall be involved in the local fiscal expense
as a support given in 3 years.
Article 46 For the advantageous industries, new and high
technological trial products, and the products with great
development potential and powerful drive force, cultivated
by the Region as priority, in case business is in poor situation
at the beginning of production, upon approval by the local
government, the amount of value added tax paid by the enterprises
to the local government in a tax year shall be involved in
the local fiscal expense as a support given during a given
period.
Article 47 The local governments at the levels of county,
city and province shall be responsible for the local fiscal
support given to the enterprises with domestic and foreign
investment at the same levels respectively.
Part Three Introduction of Talents and Technologies
Article 48 Production factors such as technicals and management
capital shall be involved in benefit distribution depending
on their contribution. Enterprises are encouraged to introduce
the talents on technology and management by means of bonus
that shall be taken as part of their cost. Research findings
concerned with intellectual property such as patents and trademarks
shall be evaluated to buy shares or to be involved in benefit
distribution and in either of the ways the proportion shall
be worked out through the discussion between enterprises and
the intellectual property right owners.
Article 49 For scientific and technological results to be
evaluated for shares, generally the evaluated amount shall
take 20 percent of the total investment, and that of high
tech results shall take 35 percent. In case high technological
results have intellectual property rights and show great potential
to develop large sized industries, or the proportion of their
evaluated amount in the registered capital has been agreed
on by all the parties, there shall be no restriction of the
percentage of 35.
Article 50 In case high tech results are converted into shares
as investment, the result makers shall earn income from their
shares. For the projects totally financed by the government,
commencing from the day when the implementation of project
results starts, depending on the proportion of the converted
amount of the results in the registered capital, the result
makers shall earn income from their shares not less than 60
percent of the proportion in 3 years; and after that, not
less than 40 percent. For the high tech results developed
by the enterprises on their own to be converted into shares
as investment, depending on the proportion of the evaluated
amount of the results in the registered capital, the result
makers shall earn income from their shares not less than 30
percent of the proportion in the first 3 years; and in the
next 3-year, not less than 20 percent.
Article 51 For the implementation of commercialization of
on-duty research findings, those who complete a technological
result through research and development and who have made
important contribution to the commercialization of the result
shall be rewarded by law. In case the technology transfer
is implemented by providing the result for others, 25 percent
of the net income after tax from the technology transfer shall
be given as a nonrecurring award. In case the technology transfer
is implemented by the result makers themselves or through
the cooperation with others, in consecutive 5 years after
production successfully starts, not less than 8 percent of
the net income after tax from the technology transfer shall
be given as award. The award for those who have made important
contribution to the commercialization of the result shall
amount to not less than 50 percent of the total amount of
awards.
Article 52 Encouragement and attraction shall be given to
the returned researchers and the researchers of other provinces
of China to do research on the development of high tech projects,
or bring high tech results to implement their transfer or
to start business in Ningxia. Upon the verification by the
departments concerned, support shall be given by the governmental
departments and the industrial gardens where business is located
in the forms of research outlay and discount interest for
the project loans. Guarantee Centers for Small and Medium
Sized Enterprises with the governments at each level holding
shares shall give priority and offer guarantee services for
such loans.
Article 53 The technical and managerial professionals who
have made important contribution to the commercialization
of high tech results shall be awarded titles of honor along
with prizes, which shall be exempt from individual income
tax. In case products are made with trade marks or brands
well known all around the country, Ningxia Hui Autonomous
Region People¡¯s Government shall give an award of not more
than RMB£¤ 2 million to the enterprises or personnel with great
contribution.
Article 54 Attraction shall be given to the marketing and
planning professional home and abroad to serve the enterprises
of the Region. The local retention portion of payable amount
of individual income tax as natural person shall be levied
and then totally involved in the local fiscal expense as awards
in 3 years.
Article 55 For the companies or individuals who provide new
techniques and products and transfer technological results
to the Regional productive enterprises, the beneficial shall,
in addition to pay the nonrecurring transfer fee according
to the contract, be given an award of 10 percent of the added
profit after tax annually in 3 to 5 years after production
starts. In case high tech or well known brand products are
introduced, depending on how advanced or famous they are and
what economic benefits they make, the beneficial shall give
the middleman a nonrecurring award of 1 to 2 percent of the
added profit after tax of the year, which shall be involved
in the enterprise cost. The local retention portion of individual
income tax of the rewarded shall be levied and then involved
in the local fiscal expense as an award.
Article 56 The middlemen (excluding the public servants of
the Region) who introduce funds and projects home and abroad
shall be rewarded by the local government or the beneficial
depending on the invested project after capital has arrived
and the project construction has been completed. Details shall
be worked out by the local governments.
Part Four Exploitation of Mine Resources and Use of Land
Article 57 For those engaged in prospecting for and exploiting
mine resources in Ningxia, within the extent of Regional authority
for examination and approval, the prospecting right and mining
right shall be acquired not only by means of bidding, auction
and listing etc. according to the relevant State regulations,
but also acquired with compensation through application for
approval by law. The prospecting right owner has priority
to acquire the mining right by law.
Article 58 Enterprises shall be permitted to make their prospecting
expense financed by themselves involved in their deferred
assets by means of amortization during the mining period.
Article 59 In case enterprises prospect and mine the mine
resources encouraged by the State and the Region, they shall
enjoy reduction or exemption of the charge for use of the
prospecting right and/or the mining right. They shall be exempt
from the charge for use of the prospecting right in the first
prospecting year and enjoy a 50 percent reduction in the second
and third year and a 25 percent reduction from the forth till
seventh year. They shall be exempt from the charge for use
of the mining right during the mine construction and in the
first year when production starts and enjoy a 50 percent reduction
in the second and third year and a 25 percent reduction from
the forth till seventh year; besides, the exemption shall
be available in the year when the mine pits close.
Article 60 In case productive investment projects demand
to use State-owned land and meet the requirements of Land
Use Transfer Catalogue issued by the State, the land use right
shall be provided by means of transfer.
Article 61 The land use right shall, depending on the actual
conditions of the investment and running of enterprises, be
provided in a variety of ways such as State-owned land use
right transfer, State-owned land lease and State-owned land
use right evaluation and purchase.
Article 62 In case productive projects acquire the land use
right with compensation and surely have difficulties, the
charge for land transfer shall be paid by stages. In case
the invested enterprises make use of the not-used land, they
shall first pay 30 percent of the charge for the added land
use for construction purposes with compensation that should
be turned over to the State but delay the payment of the rest
70 percent collected by the Regional government.
Article 63 In case enterprises are engaged in the land comprehensive
development within the cultivatable area defined in the overall
plan of land utilization of Ningxia, they shall be exempt
from agricultural tax and charge for land use as well.
Part Five Investment in Basic, Non-Profit and Catering Industry
Article 64 Enterprises and individuals home and abroad shall
be encouraged to participate in construction of infrastructures
for traffic, water conservancy, post operation and broadcasting
and television operation, and urban public facilities for
water supply, heat supply, gas supply, environmental protection,
garbage treatment, sewage treatment, gardens and parks and
environmental greening; to invest in educational, scientific
and technological, cultural, health and sports undertakings;
to participate in developing catering industry as well as
the organization and service ways of chain-store operations,
licensed operations, logistic distribution and multimodal
transport system; to develop services as broker agent and
as middleman and set up multimodal enterprise loan guarantee
companies and risk investment companies; to exploit tourism
resources and initiate tourism and hotel services; and to
initiate enterprises or companies dealing with estate management
and community services. Business in urban water supply, gas
supply, heat supply, public traffic, and garbage and sewage
treatment shall be subject to licensed operation granting
mechanism, which means the government shall select the operation
enterprises through public bidding and sign licensed operation
contracts with them.
Article 65 In case the projects in the areas mentioned in
the previous article are newly-established or restructured
after purchase and are subject to the charge standard for
administrative and public institutions, the licensed operation
right shall be granted by the government at the same level
and collection shall meet the charge standard set by the Regional
Department of Finance and Price Bureau. In all the other cases,
operation shall be opened and charges shall be fixed by market.
Article 66 Commercial banks of other provinces and non-banking
financial institutions shall, upon approval, be encouraged
to set up their branches independently or jointly in Ningxia,
engaged in financial businesses such as deposit, loan, balance
accounts, trust, stock transactions and investment funds.
Article 67 In case the projects engaged in infrastructure
construction and social non-profit construction meet the requirements
of the State provisions on the use of State-owned transferred
land, land shall be provided through transfer upon approval
of people¡¯s governments at the level with the approval authority.
Article 68 Any person of insight from the Region or other
parts shall be encouraged to deeply explore the Regional tourism
resources of history, culture, landscape and resorts and make
use of his latest concepts to develop and manage cultural
tourism items. The intangible assets shall be acknowledged
and upon verification and approval by the departments concerned
to initiate a project, he shall be permitted to buy shares
by means of evaluation of his intellectual property right
and participate in income distribution, the proportion of
which shall be fixed though discussion between the intellectual
property right owner and the investor themselves.
Article 69 In case of developing tourism resources or setting
up three-star hotels in the south mountainous areas of Ningxia
(including Hongsipu), and investing in key tourism development
projects or setting up at least four-star hotels in the plain
areas, land shall, upon approval of the Regional People¡¯s
Government, be provided by means of transfer and preferential
support shall be given in business tax and income tax.
Part Six Other Preferential Support
Article 70 For equipment employed in the production and operation
process by the enterprises with domestic investment in the
State or Regional encouraged industries and fixed assets employed
in the production and operation process by the enterprises
engaged in comprehensive exploitation and utilization of resources,
depreciation allowance shall, upon approval, be calculated
by the method of accelerating depreciation. It shall also
be the case of enterprises with foreign investment upon approval
by the State Administration of Taxation.
Article 71 Industrial investment projects shall, in principle,
be required to locate in the approved industrial parks of
different sorts. Distinctive preferential policies for industry
of a certain sort shall be enjoyed only if a project is categorized
to be located into a park of the sort. Details for implementation
will be available somewhere else.
Article 72 It shall be given positive support to the enterprises
with registered capital of not less than RMB£¤ 2 million (research
institutes, high tech enterprises and enterprises engaged
in mechanical and electrical production with registered capital
of not less than RMB£¤ 1 million ) which apply for import and
export self-operation right.
Article 73 In case the enterprises with foreign investment
and productive enterprises through cooperation between the
east and west China engaged in exporting mechanical and electrical
products, high tech products and key pillar products earn
foreign exchange through exports accounting for at least 50
percent of the total sale, allowance shall be granted by the
local government at a rate of not more than RMB£¤ 0.05 per
dollar.
Article 74 Enterprises located in the high energy carrying
industrial park defined by the Region shall enjoy preferential
supportive policies on power supply regularly issued by the
Region. Those engaged in energy conservation and environmental
protection shall be supported by means of discount interest
for technological transformation purposes and have priority
while participating in allocation of the Regional special
fund for environmental protection. It shall be encouraged
and supported in the park to apply for projects with State
or local allowance for environmental protection for pollution
control purposes.
Article 75 Enterprises of other provinces with scale and
strength shall be encouraged to participate in the restructuring
of the Regional State-owned enterprises. A new or modified
labor contract shall be signed between a restructured enterprise
and the retained employees; compensation for terminating contract
shall be paid by law to the unemployed; and social insurance
premium shall be totally paid at a time for the unemployed
handed over to the social insurance institution. All the capital
needed shall be deducted from the enterprise net assets before
restructuring, or paid prior to any other payment items by
the State property right owner using the income from transfer
of the State property right. The exceeding amount shall be
supported by the financial sectors at each level to some extent.
Article 76 Enterprises engaged in ethnic goods production
and ethnic trade network shall be supported through discount
loans for technological transformation purposes, for which
the State and Regional finance shall bear 50 percent respectively.
Article 77 Enterprises investing and engaged in ethnic trade
and ethnic goods production in Ningxia shall be subject to
preferential policies on interest rates of working funds.
A one-year working fund loan shall, upon examination and verification
by the major lending bank, be subject to a reduced interest
rate by 2.88 percent and the interest difference shall be
refunded to enterprises by the bank every quarter of a year
to make up the free working fund. Those designated for ethnic
trade and ethnic goods shall be examined and verified by the
Regional Ethnic Affairs Commission and submitted to the State
Ethnic Affairs Commission for approval.
Article 78 Convenience shall be provided for entrance and
residence of the investors of foreign nationality, high tech
talents and senior managerial personnel. In case those who
meet the requirements of the State provisions need multiple
entry-exit in a short term, a multiple entry-exit visa shall
be granted with expiration from 1 year to 5 years depending
on their actual needs; a residence permit for foreigners shall
be granted to the resident ones with expiration from 1 year
to 5 years depending on their actual needs and a multiple
entry-exit visa shall also be granted with the same expiration
as that of the residence permit. Special care shall be offered
to those who need to work in Ningxia for long in such aspects
as their mates¡¯ employment and children¡¯s schooling.
Part Seven Simplified Examination and Approval Procedures
and Improved Efficiency of Affairs Handling
Article 79 Organs in charge of examination and approval at
each administrative level shall be subject to systems for
service and promises and for accountability in being first
inquired with full understanding of the well defined service
criteria and time limits promised for affairs handling.
Article 80 For the items to be examined and approved by a
single administrative organ, service shall be offered at a
counter. The ones of a single content with complete necessary
documents shall be handled in time while those of a complex
content with no way to be handled in time shall be replied
in 2 months.
Article 81 A coordinated service process shall be offered.
If possible, a local government shall centralize a variety
of examination and approval affairs to be handled by its different
organs in a coordinated administration hall and offer services
in time with efficiency.
Article 82 A parallel examination and approval system shall
be set up, which means the final organ will take the applications,
be responsible for coordination with other organs concerned
and terminate each of the procedures in 15 work days even
though multiple organs share the responsibility for examination
and approval. In case the final organ coordinates with other
organs concerned but no reply is given, it shall be regarded
as no disagreement.
Article 83 Time limits stipulated by laws and regulations
for examination and approval shall be obeyed. Requirements
at a phase by the State and Regional decisions on macro adjustment
and control measures shall be met. In case no agreement is
reached on the affairs of great importance, the leading group
of the Regional investment attraction shall make decision
through discussion.
Article 84 The Policies shall enter into force on the day
issued. The previous preferential policies promulgated by
the Region inconsistent with the Polices shall stop being
implemented, but implementation shall continue if the previous
preferential treatments haven¡¯t reach the time limits. The
affairs not covered in the Policies shall abide by the Regional
existing relevant regulations. The special projects of great
importance shall be turned over to the leading group of the
Regional investment attraction for discussion by means of
one discussion for one case.
Article 85 The Regional People¡¯s Government shall take responsibility
for timely modification and improvement with the changes of
the relevant State policies.
Article 86 The General Office of People¡¯s Government of Ningxia
Hui Autonomous Region is responsible for the interpretation
of the Polices. The Regional Foreign Investment Bureau is
responsible for the verification of foreign investment enterprises.
The Regional competent authority shall formulate the detailed
rules for implementing the Policies and the service and promise
system as well.
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