FOREIGN DIRECT INVESTMENTS 

Stabilize the Foreign Trade and Foreign Investment Mentioned in PRC Government Work Report 2020

A closing meeting of the third session of the 13th National People’s Congress was held in Beijing on 28 May 2020 and the resolution on the report on the work of the Government was adopted and approved. The key messages for foreign investors are the following: 

  • Promote a higher level of opening-up of the Chinese market to foreign investments 
  • Support further liberalization and facilitation of international trade 
  • Provide guidance of healthy development of Chinese outbound investments 

Full text of the Report can be downloaded from here: Download Report 

 

China’s Civil Code coming into force on 1 January 2021 

China’s third session of the 13th National People’s Congress voted to adopt the Civil Code of the People’s Republic of China, which will come into force on 1 January 2021. The current Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee law, Contract law, Property law, and Tort Liability Law shall be repealed simultaneously. It is a systematic integration and compilation of decentralized civil legislation since 1949. One of the key points of the amendment of the Civil Code is to strengthen the protection of personal information and privacy.  

 

The State Council Issues the Overall Plan for the Construction of Hainan Free Trade Port 

On 1 June 2020, the Overall Plan for the Construction of Hainan Free Trade Port, formulated by the State Council, was officially released. The key policies include but not limited to: 

  • Maximum personal income tax of 15 percent high-end talents; 
  • Corporate income tax of 15 percent on encouraged industrial enterprises; 
  • Exempt from import duties, import value-added tax and consumption tax on imported goods purchase by island residents; 
  • Conduct the negative list of cross-border trade in services for Hainan Free Trade Port; 
  • Conduct a negative list management system on the issuance of work permit for foreign employees. 

 

TRADE, CUSTOMS AND INDUSTRIES 

Further compliance management guidelines for online retail platforms 

The China Council for the Promotion of International Trade has completed the drafting of The Compliance Management Guide for Online Retail Platforms. The draft was published on 5 June 2020 for consultation until 26 June 2020.    

The Compliance Management Guide for Online Retail Platforms includes detailed rules on the online retail operators in adopting compliance grading, assessment, management & supervision of online retailers. It is suitable for online retail platform operators in evaluating and managing the compliance of online retailers applying for joining the platform.

 

EMPLOYMENT & LABOR 

Guangdong Province’s guidelines on applying for China visa under existing travel restriction 

On 28 May 2020, the Foreign Affairs Office of the People’s Government of Guangdong Province issued an announcement explaining the basic procedures of applying for an invitation letter for the purpose of China visa under existing travel restriction imposed by the Ministry of Foreign Affairs of PRC and National Immigration Administration since 26 March 2020. 

Foreign nationals engaging in necessary economic, trade, scientific or technological activities may apply for an invitation letter with the local Foreign Affairs Office, which then can be used to apply for a visa to enter China. 

Similar procedures apply to other provinces. Foreign nationals who wish to travel to China should contact the local Foreign Affairs Office.  

 

Shanghai – employer subsidy scheme for training fees 

All types of enterprises in Shanghai affected by the pandemic which organized online training for employees and dispatched workers during the shutdown period can receive 95% subsidy based on the actual amount spent on the training course. Platform enterprises (e-commerce enterprises) and new business enterprises are eligible to apply. (Responsible units: Shanghai Municipal Human Resources and Social Security Bureau and Shanghai Municipal Finance Bureau) 

 

FINANCE & TAXATION

The Application Period for Preferential Policy of Personal Income Tax of GBA is from 1 July to 15 August 2020 

In accordance with Interim Measures of Guangzhou for Administration of Financial Subsidies under Preferential Individual Income Tax (IIT) Policies in Guangdong-Hong Kong-Macao Greater Bay Area (GBA), overseas high-end talents and talents in short supply who work within the administrative areas of Guangzhou shall be given financial subsidies if their IIT paid in Guangzhou exceeding the tax amount computed at 15% of their taxable income. The application period of this year for preferential policy in Guangzhou city begins from 1 July to 15 August.  

Currently, out of the 9 mainland cities in the GBA, GuangzhouJiangmenZhongshanZhuhaiFoshanDongguanHuizhou have issued implementation measures on applying for the subsidies. 

 

Announcement of the State Taxation Administration on Matters concerning the Deferred Payment of Income Tax in 2020 by Small Low-profit Enterprises 

From 1 May 2020 to 31 December 2020, small low-profit enterprises may defer the payment of corporate income tax for the current period after completing the filing of tax returns with prepayment according to the provisions in the remaining filing period in 2020, and the payment of all income tax amount may be deferred to the first period for filing tax returns in 2021.  

Small low-profit enterprises refer to enterprises engaging in non-restricted and non-prohibited businesses, which satisfy three criteria simultaneously, namely, annual taxable income amount does not exceed RMB3 million, staff headcount does not exceed 300 and total assets do not exceed RMB50 million. 

 

Written by China Consultancy Team, CW CPA