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Attracting foreign investment

As part of its plan to bring back foreign investment, the State Council issued Several Opinions on Further Improving the Work of Foreign Capital Utilization on 6 April 2010. The Opinions contain a broad range of strategic aims, geared at increasing foreign capital investments and channeling it in specific directions. Many of these are re-statements of existing policies, but sources in government tell us we can expect concrete implementing of regulations in the near future.

The stated aims inlude:

Areas open to foreign investors to be expanded. 

Foreign investors encouraged to invest in high-end manufacturing,
hi-tech, modern service industry, "new energy" and energy efficiency.

Transnational companies encouraged to establish regional headquarters,
R&D centers, procurement centers, finance management centers and accounting centers in China.

Qualified foreign invested R&D centers could apply for exemption of custom duties
and value-added tax as well as consumption tax levied at the time of importation regarding products necessary for technology development before 31 December 2010.

Foreign investors are encouraged to establish venture capital enterprises
and private equity funds in China, and better exit regimes will be implemented in the central and western regions.

Foreign investors are encouraged to invest in labor-intensive industries
in the central and western regions which satisfy environmental protection requirements. Tax incentives in these regions would continue to apply to foreign invested enterprises ("FIEs").
 
Foreign banks are encouraged to establish branches or representative offices and operate their businesses in the middle-west regions.

Mondaq
 reports that as has been stated, the "Opinions" are a platform for further legislation rather than concrete legislation with immediate benefit for foreign investment. It is also likely that the State Council has taken into consideration the amount of publicity that issuances of this type attract.

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