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《指导外商投资方向暂行规定》和《外商投资产业指导目录》(一)

2006-05-16 15:39   我要纠错 | 打印 | 收藏 | | |

《指导外商投资方向暂行规定》和《外商投资产业指导目录》
INTERIM PROVISIONS ON GUIDING FOREIGN INVESTMENT DIRECTION

国家计划委员会
(Approved by the State Council on June 7, 1995, and promulgated by Decree No. 5 of the State Planning Commission, the State Trade and Economy Commission and the Ministry of Foreign Trade and Economic Cooperation on June 20, 1995) (Editor's Note: For the revised text, see Catalogue for the Guidance of Foreign Investment Industries promulgated on December 31, 1997, and effective as of the same date)
颁布日期:19950620  实施日期:19950620  颁布单位:国家计划委员会、 国家经济贸易委员会、 对外贸易经济合作部

  Article 1 These provisions are formulated according to the related legal provisions on foreign investment and requirements of industrial policies of the state, in order to guide the direction of foreign investment, to make foreign investment direction in accordance with the plan of the national economy and social development of our country, and beneficial to the protection of the legitimate rights and interests of the investors.

  Article 2 These provisions shall apply to the projects of Chinese-foreign joint ventures, Chinese-foreign cooperative enterprises, wholly foreign -owned enterprises, as well as to other forms of foreign investment projects (here after referred to as “foreign investment projects”) within the territory of China.

  Article 3 The State Planning Commission in conjunction with the concerned departments of the State Council shall compile at regular intervals and revise in time the Catalogue for the Guidance of Foreign Investment Industries according to these provisions and the development of the country's economy and technology.

  Catalogue for the Guidance of Foreign Investment Industries shall be the basis for the guidance of examination and approval of foreign investment projects.

  Article 4 Foreign investment projects shall be classified into four categories: encouraged, permitted, restricted and prohibited projects.

  Foreign investment projects belonging to encouraged, restricted and prohibited categories are listed in the Catalogue for the Guidance of Foreign Investment Industries. Those do not belong to the above three categories are permitted foreign investment projects which are not to be listed in the Catalogue for the Guidance of Foreign Investment Industries.

  The Catalogue for the Guidance of Foreign Investment Industries may list foreign investment projects such as wholly foreign-owned enterprises that are not allowed or enterprises in which the State assets shall take the holding or leading position.

  Article 5 Those foreign investment projects under the following circumstances shall be listed as encouraged foreign investment projects:

  (1) Projects for new agricultural technology and comprehensive agricultural development and for industrial construction in energy, transportation and key raw materials;

  (2) Projects of new high technology, advanced technology which can improve performance of products, save energy and raw materials, and increase tech-economic efficiency of enterprise or produce new equipments or new materials that meet the demands of the market but the domestic production capacity is deficient;

  (3) Projects that meet the demands of the international market, and can promote the quality of products, enter into new markets, expand overseas sales, and increase exportation;

  (4) Projects adopting new technology and equipments for comprehensive utilization of resources and renewable resources, and for prevention of environment pollution;

  (5) Projects that can make full use of the man power and resource advantage in the Mid-west regions and are in accordance with the state's industrial policies; or(6) Other projects that are encouraged by laws and administrative regulations of the state.

  Article 6 Those foreign investment projects under the following circumstances shall be listed as restricted foreign investment projects:

  (1) Projects involving technology that has been developed within or has been introduced into the country, and the production capacity can meet the demands of the domestic market;

  (2) Projects for experiment industries of the state to introduce foreign investment or industries under the monopolized sales of the state;

  (3) Projects for exploring or mining rare or precious mineral resources;

  (4) Projects involving industries that need the state's overall planning; or

  (5) Other projects that are restricted by laws and administrative regulations of the state.

  Foreign investment projects belonging to the restricted category are separately classified into Restricted Foreign Investment Group A or Restricted Foreign investment Group B according to the industrial policies and the need for macroeconomic control of the state.

  Article 7 Those foreign investment projects under the following circumstances shall be listed as prohibited foreign investment projects:

  (1) Projects that endanger the safety of the state or damage social and public interests;

  (2) Projects that pollute or damage the environment, destroy natural resources or impair the health of human beings;

  (3) Projects that occupy large amounts of land, unfavorable to the protection and development of land resources, or endanger the safety of military facility and its performance;

  (4) Projects that utilize the unique craftsmanship or technology of the country to make products; or

  (5) Other projects that are prohibited by laws and administrative regulations of the state.

  The foreign investment projects stipulated in the previous paragraph are not allowed to be sponsored by any company, enterprise, other economic organization or individual.

  Article 8 Encouraged foreign investment projects apart from the preferential terms stipulated in the relevant laws or administrative regulations of the state, may enlarge their scope of business operations with approval, if they are engaged in the construction and operation of infrastructure facilities related to energy or transportation (coal, electric power, local railway, highway, port) which need a large amount of investment and a long payoff period.

  Article 9 Restricted foreign investment projects must comply with the relevant laws and administrative regulations of the state, as well as the following provisions:

  (1) Chinese-foreign joint venture projects belonging to the restricted category must have the operation termination period of the enterprises agreed upon; and

  (2) In Restricted Foreign Investment Projects (group A), the fixed assets invested by the Chinese party shall be the funds of his or her own or assets owned by the Chinese party.

  Article 10 Encouraged or permitted foreign investment projects shall be submitted for examination and approval, or put on file according to the existing procedures and measures.

  Projects belonging to the restricted foreign investment (Group A) shall be submitted for examination and approval or put on file according to the existing procedures and measures. Among the restricted foreign investment projects (group A), those whose investment is lower than the competence limit stipulated by the State Council and therefore are not subject to examination or approval by the State Council, shall be examined and approved respectively by the planning departments or departments in charge of enterprises' technical transformation in the provinces, autonomous regions, municipalities directly under the Central Government, or cities of direct planning by the State according to the construction nature of the projects. The authority of examination and approval of this category of projects shall not be allowed to be delegated to the lower levels.

  For restricted foreign investment projects (Group B), whose investment is lower than the competence limit stipulated by the State Council and therefore are not subject to examination or approval by the State Council, the projects shall be subject to approval and examination by the relevant industry administrative departments of the State Council; and the feasibility study reports of these projects shall, according to the nature of construction projects, be subject to examination and approval respectively by the planning departments or departments in charge of enterprises' technical transformation in the provinces, autonomous regions, municipalities directly under the Central Government, or cities of direct planning by the State, and shall be submitted to the State Planning Commission or the State Trade and Economy Commission for the record. The authority of examination and approval of this category of projects shall not be allowed to be delegated to the lower levels. Projects with an investment at or above the competence limit stipulated by the State Council shall be submitted for examination and approval according to the existing procedures and measures.

  Foreign investment projects that involve issues of quota or license shall apply to the competent departments of foreign trade and economic cooperation for quota or license.

  If laws or administrative regulations have otherwise provisions concerning the procedures and measures of examination and approval of foreign investment projects, those provisions of laws or administrative regulations shall be followed.

  Article 11 Restricted foreign investment projects (Group A) within the category provided in subparagraph 1 of Article 6, may be deemed as permitted foreign investment projects, and not subject to the restriction of Article 9 of these provisions with approval, if the export sales of products amount to over 70 percent of the total sales of products. Restrictions may be appropriately eased to the above mentioned foreign investment projects that can really make full use of the advantage of resources in the Mid-west regions, and conform to the industry policies of the state.

  Article 12 Examination and approval organs of higher levels shall cancel the foreign investment projects that are examined and approved in violation of These Provisions within 30 days after receiving the recorded files of the concerned projects. The contracts and articles of association shall be invalid. The enterprise registration organs shall not register these projects, or shall cancel the registration. And the Customs shall not handle import or export formalities for these projects.

  Article 13 The relevant parties of foreign investment projects, who have obtained approval of project proposals through swindle or other illicit means, shall be investigated for legal responsibility in the light of the seriousness of the cases according to law. The examination and approval organs shall cancel the approval of the projects, and relevant competent organs shall deal with these projects correspondingly according to law.

  Article 14 The work personnel of examination and approval organs, who abuse their power, engage in malpractices for personal gains, neglect their duties, or examine and approve certain projects beyond their competence, shall be given administrative sanctions. If the circumstances of a case are so serious as to constitute a crime, they shall be investigated for their criminal responsibility according to law.

  Article 15 Investment projects sponsored by overseas Chinese and investors from regions of Hong Kong, Macao, and Taiwan shall be handled by reference of These Provisions.

  Article 16 These provisions shall be implemented by the State Planning Commission, in conjunction with the State Trade and Economy Commission, and the Ministry of Foreign Trade and Economic Cooperation.

  Article 17 These provisions shall enter into force on the date of promulgation.

  Appendix: Catalogue for the Guidance of Foreign Investment Industries

  Catalogue for the Encouragement of Foreign Investment Industries

  I. Agriculture, forestry, husbandry, fishery and related industries

  1. Cultivation and development of wasteland, waste mountain, flood land (except those with military facilities), as well as improvement of low-yielding field and forest

  2. Development of fine high-yielding and new varieties of crops such as grain, cotton, oil crops, sugar crops, fruit trees, vegetables, flowers and plants, forage grass

  3. Serial production of soiless cultivation of vegetables, flowers and plants

  4. Planting of forest trees and introduction of fine seeds of forest trees

  5. Breeding of good strains of domestic animals and aquatic fingerlings (not including the good strains of the rare ones of our country)

  6. Cultivation of famous aquatic products and deep-sea fishery

  7. New varieties of effective and safe agricultural chemicals and pesticides (80 percent death rate, safe to people, animals and crops)

  8. High-density fertilizers (urea, synthetic ammonia and ammonium super phosphate)

  9. New technologies for the production of agricultural films, and development of new products (fibre film, photolysis film, multifunctional film and raw materials)

  10. Antibiotics for animals (special antibiotics for animals, antibiotics for external and internal parasites of animals, new antibiotics for animals), antiscolic for domestic animals

  11. Development of full valence mixed feed, additives, and feed protein resources

  12. New technology and equipment for the storage, preservation, and processing of vegetables, fruits, meat products, and aquatic products

  13. Forestry chemicals and new technology and products for the comprehensive utilization of “sub-quality, small and firewood” lumber in the forest area

  14. Construction and management of comprehensive utilization of irrigation works (daily water supply over 300,000 tons, or over 250,000 kilowatts installed capacity, with the state assets taking the holding or leading position)

  15. Water-saving irrigation equipment production

  16. Agricultural mechanical equipment, farm tools and related spare parts

  II. Light Industry

  1. Design, processing, and manufacture of molds for non-metal products

  2. Commodity pulp

  3. Post ornament and processing of leather

  4. Non-mercury alkali-manganese battery, lithium-ion battery, hydrogen-nickel battery

  5. High-tech involved special industrial sewing machine

  6. Ployimide film

  7. Enzyme preparation, raw material for synthetic detergent (straight-chain alkyl benzene)

  8. Synthetic spices, single icon spices

  9. Research and popularization of the applied technology of freon substitution

  III. Textile Industry

  1. Special chemical fibers such as compound super thin, anti-contractive, anti-electrostatic, anti-inflammable, high emulation chemical fibers, and aryl on, spandex, and carbon fibre

  2. Textile printing and dyeing as well as post arrangement and processing

  3. High emulation chemical fibre cloth

  4. Oils for textile

  5. Special textiles for industry

  IV. Communication and Transportation as well as Post Telecommunications Industries

  1. Equipment and technology for railway transportation: the design and manufacture of locomotives and main parts, the design and manufacture of wiring and equipment, related technology and equipment manufacture for high-speedrailway, manufacture of the equipment for communications signal and transportation safety monitoring, manufacture of electric railway equipment and instrument

  2. Construction and management of local railway, bridge, tunnel, and ferry facilities (wholly foreign-owned enterprises are not allowed)

  3. Highway and port mechanical equipment and their design and manufacture technologies

  4. Construction and management of city subway and light track (with the state assets taking the holding or leading position)

  5. Construction and management of highway, independent bridge and tunnel, and port facilities (for public wharfs, the state assets will take the holding or leading position)

  6. Construction and management of civil airport (with the state assets taking the hold or leading position)

  7. Manufacture of 900 megahertz honey-comb mobile communications equipment

  8. Manufacture of over quintic synchronized fiber, microwave communications system, and measure equipment

  9. Manufacture of ATM switchboard equipment

  V. Coal Industry

  1. Design and manufacture of coal mining and transportation equipment

  2. Design and manufacture of complete set of equipment of coal gasification

  3. Manufacture of high-density water-coal equipment and additives

  4. Comprehensive development and utilization of low-heat valve fuel and accompanying resources

  5. Comprehensive development and utilization of coal

  VI. Power Industry

  1. Construction and management of heat power station (including routine heat power station and clean coal burning technology power station)

  2. Construction and management of hydropower station (with 250,000 kilowatts installed capacity, and the state assets taking the holding or leading position)

  3. Construction and management of nuclear power station (with the state assets taking the holding or leading position)

  4. Construction and management of new energy power station (including solar energy, wind energy, magnetic energy, earth heat energy and tide energy, etc.)

  VII. Ferrous Metallurgical Industry

  1. Sponge iron (using coal as the reducing agent technology)

  2. Powder metallurgy (iron ore)

  3. Over 200,000-ton short-flow and 500,000-ton iron and steel combined production line

  4. Cold-rolled silicon steel plates, galvanized plate, tin-plating plate, stainless steel plate

  5. Hot and cold-rolled steel sheet

  6. Tubes for bearing, oil; seamless steel tube; tube for high-pressure furnace

  7. Wheel and hoop of locomotives and vehicles

  8. Super high power electrode, acicular coke

  9. High alumina vitriol earth, hard clay mine and grog

  10. Iron mine concentration

[1][2]
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