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Article
1 These
PROVISIONS are formulated with a view to expediting the
development of high and new technology in the Municipality
and encouraging overseas investors to invest in projects
of high and new technology research and development or industrialization
in accordance with relevant laws, rules and regulations,
and policies in the light of actual of actual conditions
of the Municipality of Tianjin.
Article
2
High and new technology mentioned in these PROVISIONS
refer to high and new technology research and development
tasks and industrialization projects in line with the development
plans of high and new technology industries in the Municipality
of Tianjin and recognized as such by the Municipal recognition
agency for high and new technology, including tasks and
projects currently in progress or new ones intended.
Article
3 Overseas
investors mentioned in these PROVISIONS refer to such economic
organizations as financial institutions funds and companies
or individuals from overseas or HongKong, Macao and Taiwan
as well as local economic organizations or individuals that
are eligible for investment as overseas capital by law.
Article
4 Overseas
investors investing in high and new technology research
and development tasks or industrialization projects shall
set up research and development institutions or enterprises
as legal persons. Upon approval, overseas investors may
set up research and development institutions or enterprises
as legal persons in the form of Sino-foreign equity or contractual
joint ventures or solely foreign funded institutions or
enterprises. For the establishment of research and development
institutions, applications shall go through the Municipal
authority in charge of science and technology for examination
and approval according to relevant regulations and reported
to the Municipal Bureau of Finance for the record. For the
establishment of enterprises, examination and approval shall
follow current regulations governing the establishment of
oversea funded enterprises.
Article
5 Overseas
funded high and new technology research and development
institutions and enterprises shall have the right to run
its business entirely on its own without interference from
any department or individual whatsoever.
Article
6 Assessment
of achievements of overseas funded high and new technology
research and development tasks shall be applied for to the
Municipal authority in charge of science and technology
with assessment work to be entrusted to qualified agencies.
The achievements may be transferred to parties in the country
or overseas. In case of achievements to be transferred overseas,
assessment may also be carried out overseas in accordance
with international practices and the relevant rules and
regulations of the transferee country.
Article
7 Achievements
of overseas funded high and new technology research and
development tasks shall enjoy the same intellectual property
rights and other legal rights and interests as enjoyed by
similar achievements of domestic work in research and development.
Parties to the cooperation arrangements shall strictly fulfill
security liabilities as prescribed in contracts.
Article
8 Overseas
funded high and new technology research and development
institutions shall enjoy the following preferences:
(1)
Exemption from enterprise income tax and business tax in
income from technical service in transfers of technological
achievements, technical training, technical consultancy,
technical service and technical contracting. Exemption from
income tax shall be realized in the form of refundment by
finance departments. Long term investment revenue obtained
through contribution of shares by technology shall not be
counted in the taxable income.
(2)
Profits realized from products of expanded intermediary
experiments confirmed as new products by the Municipal authority
in charge of science and technology (or corresponding administrative
authority for products subject to specific control regulations)
shall be exempt from enterprise income tax for 3 years counting
from the date of sale, in case of a state level new product
and patented product of invention, and for 2 years counting
from the date of sale, in case of a municipal level new
product.
(3)
for equipment used in expanded intermediary experiments,
in view of the increased wear, the period of depreciation
may be shortened by 30-50% on the basis stipulated by the
state upon approval of the taxation authority.
(4)
Imported equipment, instruments, chemical reagents and technical
materials used directly in high and new technology research
and development tasks shall be exempt from customs duties
and import-link taxes in accordance with relevant stipulations
of the State.
(5)
Income of overseas funded high and new technology research
and development institutions obtained from transfers of
visible and invisible assets may, after payment of taxes
according to law, be used for investment as capital either
in the country or overseas. Such investment in the country
shall enjoy preferences applicable to reinvestment of profits
of overseas funded enterprises currently in force. Remittances
abroad may be exchanged at appointed banks by approval of
foreign exchange control authorities and the amount remitted
shall be exempt from profit income tax.
(6)
Recognized
overseas funded high and new technology research and development
institutions shall, within 3 years from the date of recognition,
be refunded the land assignment fee collected by the local
government for the land used by the project; be exempt from
transaction fees and property registration fees in the purchase
of housing for use in production and operation; be exempt
from capacity increasing fees for water supply, drainage
and gas supply and subsidies for power supply and distribution
in the course of construction of the project; and be eligible
for the lowest rates stipulated in the collection of other
legal fees.
Article
9
Overseas funded high and new technology industrialization
projects may take the form of newly established overseas
funded enterprise, or share participations in, acquisition
and purchase of existing enterprises through formalities
in accordance with laws and regulations and procedures currently
in effect.
Article
10 Overseas
funded high and new technology enterprises shall enjoy the
following preferences:
(1)
Income tax to be collected at reduced rate of 15% for high
and new technology enterprises registered in the Tianjin
New technology Park; local income tax to be collected in
reference to policies applicable to the New Technology Industry
Park in the case of high and new technology enterprises
recognized by the recognition authorities for high and new
technology but registered outside the New Technology Part;
and in the case of enterprises undertaking major projects
of high and new technology industrialization, a 50% shall
be drawn by the Municipal Bureau of Finance for 3 years
in succession from the local share of the increased part
of value-added tax paid by the enterprises to substantiate
the municipal science and technology development fund for
use chiefly in development of technology, absorption of
talents and awarding of entrepreneurs by the enterprises.
(2)
In the case of expanded investment by overseas funded high
and new technology enterprises with their own profits, including
directly increasing their registered capital of investing
in other overseas funded enterprises in the Municipality
whose remaining duration of operation is not less than 5
years, the income tax paid on the reinvestment part in the
current year shall be refunded to the overseas
investor at a rate of 100% , if the enterprise invested
in is of the technologically advanced type or product-for-export
type, and 40%, if
the enterprise does ged at appointed banks by approval
of foreign exchange control authorities and the amount remitted
shall be exempt from profit income tax.
(6)
Recognized overseas funded high and new technology research
and development institutions shall, within 3 years from
the date of recognition, be refunded the land assignment
fee collected by the local government for the land used
by the project; be exempt from transaction fees and property
registration fees in the purchase of housing for use in
production and operation; be exempt from capacity increasing
fees for water supply, drainage and gas supply and subsidies
for power supply and distribution in the course of construction
of the project; and be eligible for the lowest rates stipulated
in the collection of other legal fees.
Article
9 Overseas
funded high and new technology industrialization projects
may take the from of newly established overseas funded enterprise,
or share participations in, acquisition and purchase of
existing enterprises through formalities in accordance with
laws and regulations and procedures currently in effect.
Article
10 Overseas
funded high and new technology enterprises shall enjoy the
following preferences:
(1)
Income tax to be collected at reduced rate of 15% for high
and new technology enterprises registered in the Tianjin
New Technology Park; local income tax to be collected in
reference to policies applicable to the New Technology Industry
Park in the case of high and new technology enterprises
recognized by the recognition authorities for high and new
technology but registered outside the New Technology Part;
and in the case of enterprises undertaking major projects
of high and new technology industrialization, a 50% shall
be drawn by the Municipal Bureau of Finance for 3 years
in succession from the local share of the increased part
of value-added tax paid by the enterprises to substantiate
the municipal science and technology development fund for
use chiefly in development of technology, absorption of
talents and awarding of entrepreneurs by the enterprises.
(2)In
the case of expanded investment by overseas funded high
and new technology enterprises with their own profits, including
directly increasing their registered capital, or investing
in other overseas funded enterprises in the Municipality
whose remaining duration of operation is not less than 5
years, the income tax paid on the reinvestment part in the
current year shall be refunded to the overseas investor
at a rate of 100%,
if the enterprise invested in is of the technologically
advanced type or product-for-export type, and 40%, if the
enterprise does not belong the above-mentioned two types.
(3)
Recognized overseas funded high and new technology enterprises
shall, within 3 years from the date of recognition, be refunded
the assignment fee collected by the local government for
the land used by the project; be exempt from transaction
fees and property registration fees in the purchase of housing
for use in production and operation; be exempt from capacity
increasing fees of water supply, drainage, gas supply and
subsidies for power supply and distribution in the course
of construction of the project; and be eligible for the
lowest rates stipulated in the collection of other legal
fees.
(4)
No ratio is set between product sales in the local market
and for export unless otherwise stipulated by the State.
(5)
For capital contribution with achievements in high and new
technology as invisible asset, the ratio of invisible asset
in the registered capital of the enterprise may be up to
35%. In case other arrangements are reached between the
parties of cooperation, such arrangements shall prevail.
(6)
The value of the achievement of high and new technology
contributed in investment as invisible asset shall be appraised
by a qualified appraising agency; it could also be recognized
by the investors through consultation whereby a written
agreement shall be produced and registered with the administrative
authority for industry and commerce.
(7)
Enterprises receiving the title of Technologically Advanced
Overseas Funded Enterprise of Tianjin shall enjoy preferences
accorded technologically advanced enterprises not in duplication
with these PROVISIONS. Enterprises qualified as product-for-export
enterprise shall enjoy preferences accorded produce-for-export
enterprises not in duplication with these PROVISIONS.
Article
11 Overseas
funded high and new technology research and development
institutions and enterprises stationed in the TEDA International
Pioneering Center, Tianjin New Technology Industry Park
Pioneering Center and Science and Technology Park in Tianjin
Port Free Trade Zone, shall enjoy rent-free for offices
and housing rented for experiments and production for the
first year and reduced rent at a certain percentage of the
standard rent for the second and third years.
Article
12 Overseas
funded research and development centers importing for their
own use within the total amount of their investment equipment
and supporting technology, components and spare parts not
produced domestically, or the properties of which do not
meet their needs, are exempt from import duties and import-link
taxes in accordance with the relevant stipulations of the
State. Their technology transfers shall be exempt from business
tax as in the case of domestic science and technology institutions.
Article
13 Overseas
funded research and development institutions and enterprises
engaging in the development of technology whose actual cost
of technology development in China in the current year exceeds
10% (including 10%) over the pervious year shall, by approval
of the taxation authorities, be allowed to off-set a further
portion of the taxable income at a rate of 50% of the actual
cost of technology development in the current year.
Article
14 Overseas
investors are encouraged to set up such intermediary service
agencies as high and new technology consultancy and information
services or funds. The legitimate rights and interests of
these agencies are duely protected.
Article
15 Should
the preferences listed under Articles 8 and 10 of these
PROVISIONS be in duplication with current stipulations for
the encouragement of overseas investment, the more favorable
ones should be chosen but no duplicated preferences shall
be accorded.
Article
16 Detailed
rules for implementation in relation to these provisions
shall be enacted and executed by the relevant functional
departments of the Municipality.
Article
17 These
provisions shall go into effect as from the date of promulgation.
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