The Ministry of Foreign Trade and Economic Cooperation Circular of the Ministry of Foreign Trade and Economic Cooperation Concerning the Establishment of Research with Foreign Investment WaiJingMaoZiFa [2000] No.218 April 18, 2000 Commissions of Foreign Trade and Economic Co-operation of all provinces, autonomous regions, municipalities under directly under the The State adopts a policy of encouraging the establishment of research with foreign investment and development centres in China. MOFTEC Article 1 Form and business scope of research with foreign investment and development centres (1) A research with foreign investment and development centre may take the form of a Sino-foreign equity joint venture, a Sino-foreign (2) Such a centre should be an institution where research and development and experimentation (including intermediate experimentation Article 2 Conditions for the establishment of a foreign-funded research and development centre (1) Having clearly-defined research and development field and specific research and development projects, fixed business location, machinery (2) Having professional managerial and technical personnel, 80% or above of which should be technical staff with an educational background Article 3 Procedure for the establishment of a foreign-funded research and development centre (1) A research with foreign investment and development centre which takes the form of an equity or contractual joint venture or a wholly-owned (2) Establishment of a research and development centre within an enterprise with foreign investment(including investment companies): (a) The establishment of a branch company or a separate department of research and development should be subject to the approval of competent (b) If the enterprise with foreign investment is already in existence and its business scope includes research or development, materials (3) The following items should be included in the application submitted to the approving authority: (a) orientation, scope, principal objectives and plan for the implementation of research and development; (b) Location, personnel and other related technological requirements; (c) Sources, uses and amount of fund and relevant budgetary reports; (d) List of equipment and related technology, spare parts, research samples and chemical reagents imported for its own specific use within (e) Introduction about the advanced nature of the project and about the ownership of research and development results. Article 4 Miscellaneous provisions (1) The research with foreign investment and development centre should conduct its activities in accordance with the law and its investment (2) The research with foreign investment and development centre taking the form of a branch company or a separate department within enterprise (3) The investment for a research and development centre taking the form of a branch company or a separate department by an enterprise (4) The research with foreign investment and development centre is required to submit to its approving authority its annual report on (5) Please see the attachment for the preferential State policies granted to research with foreign investment and development centres. Here is notified. Policies for Research and Development Centres with Foreign Investment 1. Equipment and related technology as well as spare parts imported within the total investment for self-use (excluding the items as 2. For the purpose of self-funded technical innovation, the equipment and related technology as well as spare parts imported within its 3. The income from technological transfer of its own research and development results is exempted from business tax. 4. If its research and development investment in the current year is 10% higher of that of the previous year, upon approval by the taxation 5. Other preferential policies formulated by the State. |
The Ministry of Foreign Trade and Economic Cooperation
2000-04-18