(Effective Date:1992.07.14–Ineffective Date:)
These Provisions are formulated for attracting domestic and foreign investments to speed up economic development in Tibet. Article 1. The Autonomous Region encourages domestic and foreign businesses, companies, other economic organizations, or individuals (hereinafter Article 2. The Autonomous Region shall protect the legitimate rights and interests of businessmen according to law. Assets set up by businessmen Article 3. Investments to Tibet can be made in the following forms without any restriction in areas, departments and trades: (1) Joint equity, cooperative, solely funded ventures or other types of businesses allowed by law. Terms of operation, proportions of investment, and the form of joint operation shall be determined in contracts of both sides approval (2) Purchases of stocks and bonds. (3) Participation in operation by sharing of capital, contracting or leasing. (4) Technical cooperation, transfer, and contracting. (5) Compensation trade, processing and assembling with supplied materials, and co-production. (6) Purchase of real estates and development of land through land leasing. (7) Coop with businesses of the Autonomous Region to run joint equity or cooperative ventures in China’s special economic zones, open (8) Other conventional forms of business at home and abroad. Article 4. Projects funded by domestic and foreign businessmen in Tibet shall be given priority for planning approval, supporting funds, starting Article 5. On the principle of separating the ownership of land from the right to use land, the Region shall sell the land-use right to businessmen, (1) The term of land use is 50-70 years. Prices for land-use shall be set at preferential terms. (2) The Tibetan partner in a joint equity or cooperative venture, or in other joint operation can use their original right of land (3) Solely-funded enterprises in the Region with an operation term of 10 years or more use State land in the Region, shall be exempted (4) When joint equity or cooperative ventures or other joint operations use the site of a business in the Region to build a project (5) Enterprises funded by businessmen to engage in production shall enjoy preferential treatment in land-use charges. Article 6. Businessmen can develop mineral resources in the Region with payment according to law. Except for special mineral resources stipulated Article 7. Beginning from the profit-making year, industrial enterprises funded by businessmen shall pay 10% income tax for their operation. (1) Enterprises with an operation term of 10 years or more that engage in energy, transportation, agriculture or animal husbandry (2) Enterprises with an operation term of 10 years or more that engage in processing animal by-products and native and special produce, (3) Enterprises engaging in tourism that have an investment topping US$5 million or RMB30 million each and an operation term of 10 Article 8. Businessmen who do not set up any entity in the Region but receive dividends, interests, rent, charges of using special rights, or Article 9. Businessmen who earn profits from enterprises in the Region but make new investment in other projects or in expanded reproduction Article 10. For other taxes other than income tax businessmen shall pay as or according to similar trade in the Region. They are allowed to pay Article 11. When businessmen remit their profits from China or when foreign workers and staff members remit their personal income, they shall Article 12. All joint equity or cooperative ventures or other joint operations shall enjoy the above-mentioned tax-reduction and tax-free treatment, Article 13. Joint equity or cooperative ventures or other joint operations shall first receive their profits, then pay tax. In the final distribution, Article 14. For joint ventures established in the Region by businesses in other parts of China, gross output values shared by such businesses Article 15. Productive enterprises in Tibet established by businessmen and enterprises specified by Article 3 (7) of these provisions shall enjoy (1) They shall obtain loans from banks in the Region according to same conditions. They shall enjoy the unified interest rate of the (2) They shall be given equal priority for the supply for fuel, power, raw and semi-finished materials, and subsidiary materials and (3) The related department shall provide convenience for the sale of their products inside and outside the Region. They can also entrust (4) When they export their products, they shall enjoy foreign trade preferential treatment as do similar enterprises in the Region, (5) Solely-funded and joint operated enterprises can take part in border trade between Tibet and neighboring countries and enjoy relevant (6) Business operators shall enjoy full decision-making power in operation. (7) They shall enjoy other preferential treatment in production and operation. Article 16. When businessmen import machinery, equipment, building materials, spare parts, components, and devices within the total investment When businessmen import a reasonable amount of articles, for office or home use, or self-use motor vehicles, they shall be exempted When businessmen import raw and semi-finished materials, subsidiary materials, packaging materials, spare parts, components, and devices Article 17. Businessmen can entrust the assets of their solely-funded or joint operated in Tibet to their relative or friends in China who hold Article 18. The depreciation rate of fixed assets of enterprises in Tibet funded by businessmen can be increased by 5-10% on the current basis Article 19. Businessmen can make a choice from among projects published by the related departments of the Regional government or government at Article 20. Overseas technical and managerial personnel employed by businessmen can apply for multiple entry and exit permits. Article 21. Should disputed arise about contracts or in execution of contracts, the disputing parties shall try to settle the disputes through Article 22. Those who recommend investors to Tibet shall be awarded, no matter they are Chinese citizens, overseas Chinese (including Tibetans Article 23. Chinese and foreign personages who help Tibet develop its economy and social undertakings free of charge shall receive an honorary
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