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Policies Concerning Foreign Technology Trade.
1. In technology
trade, we shall abide by international norms and
practices and protect intellectual property rights according to law so as
to safeguard the legitimate rights and interests of the cooperative
parties. We shall introduce and learn the advanced technology and
experience of other countries so as to promote domestic economic
development. We shall encourage the active exploration of technology
export market and extensively participate in international division of
labor in an effort to gradually make China's technology-intensive
industries one of the important links of the international industrial
technology chain. 2. We shall develop foreign technology trade in various flexible
manners. In terms of technology introduction, various ways may be adopted
such as licensing trade, cooperative production, cooperative design,
technological service, consultance and importing key equipments and
complete plants, while the specific method of introduction will be adopted
according to the specific situation. The key point of importing
technologies is to renovate the existing enterprises and we encourage the
import of techniques of the products designing, processing, manufacturing
and production management. In terms of technology export, we encourage the
export of mature industrialized techniques. 3. We shall speed up the work of combining trade with scientific
research and industrial production so as to establish a new type of
scientific research and development system. We shall greatly accelerate
the integration of trade with scientific research and industrial
production, increase the capital input and scientific research and
development and enhance digesting, absorptive and innovative capabilities
of the introduced technologies. In this way, scientific research and
development can be gradually transformed from being mainly managed by the
state to managed by the enterprises. We shall establish a R&D system
which is conducive to the industrialization and commercialization of the
introduced technologies so as to give the best play to the introduced
technology.
We shall pay attention to the sophistication and the
applicability of the imported technologies so as to yield better economic
and social returns through digestion and absorption. By sophistication of
the technologies, we mean the sustainability of the technologies and the
competitiveness of the products, while the applicability means that the
level technologies is commensurate with the general technical level in the
country, which can be quickly mastered and implemented. 5. We shall raise funds from various channels so as to support
the development of technological trade with foreign countries. In the
field of technology import, we shall strive to make use of foreign
governmental loans, mixed loans , export credit , loans from international
financial organizations and commercial loans . The state shall place
priority on financial arrangement and offer preferential interest rate so
as to safeguard the construction of these key projects in urgent need by
the nation's economic development. In the field of technology export, the
state applies the internationally prevailing credit policy in supporting
technology export by establishing seller's credit and buyer's credit for
the export of technologies and complete plants. Banks, based on the
principle of granting loans, place priority on the financial arrangement
for technology export and offer preferential interest rate.
Preferential taxation policies are granted to the enterprises
engaging in technology trade. In technological introduction, the policy of
pegging the introduced technology to technological contents is adopted .
And the strategy of introducing technologies mainly for leading industries
(machine-building, electronics, chemical industries and so on) is
practised. We shall reduce and exempt the customs duties on the equipment
in the contract in accordance with the technical content in the technology
import contract; import with high technical content will enjoy more tariff
reduction and exemption and vice versa. With regard to the provision of
advanced technologies in some important areas such as industry,
agriculture, forestry, fishery and animal husbandry by foreign countries,
the reduction or exemption of enterprise income tax will be granted. In
the field of technology export, those companies and enterprises which
import raw materials, components and spare parts needed for technical
upgrade and for the export of complete plants and new and high
technologies will enjoy preferential treatment according to the relevant
stipulations concerning processing with imported materials.
The state will mainly rely on legal and economic means to
exercise macro control over technology trade and classify the technology
trade projects as prohibited, restricted, allowed and encouraged. The
state will only apply the guidance plans to major technology import
projects which have a bearing upon the economic development and technology
export projects which involve significant interests of the country. 8.The combination of technology trade and investment shall be encouraged. Technology may be taken as equity investment to establish joint ventures so as to realize technology transfer. Foreign enterprises, when making investment in China and at the same time bringing in sophisticated technologies, may enjoy various preferences in accordance with relevant laws and relations. It is still in the trial stage for China to make overseas investment and provide the recipient countries with advanced technology. However, China enjoys a promising prospect to develop technology trade in the way of making overseas investment. Policies Concerning Overseas Contracting Projects and Labor
Cooperation.
1.China follows the guideline of equality and mutual
benefit,
pursuing practical results, adopting various ways and seeking common
development in developing overseas contracting projects and labor
cooperation undertakings.
2.Enterprises which satisfy the following conditions are eligible
to apply for the rights in dealing with overseas contracting and labor
cooperation:economic entities which exercise independent management,
assume independent accounting and be solely responsible for profits and
losses;
1.economic entities equipped with relevant
personnel, adequate
funds and technology in conducting overseas business activities;
2.economic entities blessed with the track record and credibility
of conducting cooperation with those enterprises already granted with the
said rights to develop business activities abroad.
3.China practises an organized manner in dispatching its
personnel to undertake overseas contracting projects and labor cooperation.
These people will return to China after the fulfillment of the contracts
and therefore will not bring social problems or employment pressure to the
host country .The government has established the training and examination
system for these people and requests departments and enterprises concerned
to examine the ethics , technical level and health condition of these
dispatched people so as to raise their quality and the government strictly
prohibits illegal emigration and unlawful activities by using the channel
of official labor service provision .
4.The government shall constantly improve the coordinated
administration mechanism , and shall strengthen the coordinated service
for the enterprises engaging in overseas contracting and labor cooperation
via intermediate organizations such as chambers of commerce .
5.The Chinese government actively supports and encourages the
development of overseas contracting and labor cooperation undertakings and
has formulated corresponding preferential policies and measures in
providing preferential loans , tax exemption or reduction and guarantee.
6.The Chinese government actively supports and guides the
enterprises which undertake overseas contracting and labor cooperation to
develop various forms of international economic cooperation , to embark on
the road of conducting multiple business while centering on one main
business line and to stride toward industrialization , conglomeration and
internationalization .
Policies Concerning Overseas Investment .
1.China's principle in making overseas investment and setting up
enterprises abroad is equality and mutual benefit , pursuing practical
results , conducting various forms and seeking common development .
In establishing overseas
enterprises. China sticks to the
principle of equality and mutual benefit, respects the sovereignty of the
host country, does not interfere with the internal affaires of the country
and attaches no political conditions. Overseas Chinese-invested
enterprises and staff working abroad shall abide by the local laws,
respect local customs and habits. The Chinese side shall take full
consideration of the possible conditions and the actual needs of both
sides and fully exploit their respective advantages and potentiality. The
ratio of investment, the way of investment and the manner of conducting
business shall be decided in line with the specific conditions of the host
country and the cooperative partners so that not only investment partners
are able to gain profits, but also China and the host country may achieve
direct or indirect economic and social returns through joint investment
and joint management.
Supportive
Policies. Being a developing
country, it is impossible for China to develop
large size overseas investment. Currently, the major task is to support
and encourage those powerful enterprises to make proper overseas
investment based on needs and possibilities. In a bid to promote export enterprises
(referring to foreign
trade companies, industrial and trading companies, export-oriented
production enterprises, enterprise groupings, enterprises of high and new
technologies and other qualified economic entities) to actively tap the
international market and raise the competitiveness of the Chinese-made
machinery and electronic products on international market, these
enterprises are encouraged to set up manufacturing enterprises and service
network aimed at export expansion through overseas investment. Manufacturing enterprises and domestic investors which have
sponsored comparatively large amount of development projects of overseas
resources or make comparatively large investment abroad may apply to the
state banks for preferential loans (including foreign exchanges and
Chinese RMB yuan) in addition to raising part of the funds themselves. Domestic
investors, when they receive the share of the after-tax
profits (no matter whether China has signed the
agreement on the avoidance
of dual taxation with the host countries of the overseas enterprises), may
retain all the money and are exempted from income tax within five years
starting from the date of the establishment of the enterprises and
thereafter, shall pay income tax according to tax ratio set by the state. 3.Sectoral Guidance Policies The industrial orientation of the overseas investment enterprises
is decided by the requirement of China's economic development and
international economic environment. The overseas Chinese-invested
enterprises shall generate more foreign exchange earnings for the country,
participate in international competition and division of labor and bring
benefits to the development of the national economy. Overseas investment
in the following sectors is encouraged at present: manufacturing sector of
the processing and assembling type, development of natural resources,
development of high technologies and sciences, contracting projects and
service sector. XII. Policies concerning Foreign
Assistance. The Eight Principles governing foreign assistance are the
fundamental principles in China's foreign assistance. In July of 1979,
Comrade Deng Xiaoping pointed out:" We should give positive
assessment to the previous assistance offered to the third world. Though
China has economic difficulties, we still must earmark certain necessary
amount of foreign assistance appropriation and we shall keep this in mind.
In providing foreign assistance, we should persist in the eight principles
which we have had. Basically, the eight principles remain to be our
foreign assistance guidelines, but some modifications must be made on the
specific methods so as to truly benefit the recipient countries. ¡°These
Remarks have set forth correct guidelines for the development and reforms
of the foreign assistance in the new period. In the new
period, the principle of China's foreign assistance is
to help recipient countries develop small and medium-sized projects which
can meet the local needs and can be supported by local resources and to
make a combination of developing bilateral and multilateral economic and
trade relations as well as mutually beneficial cooperation. In this way,
we can make the foreign assistance appropriations generate greater returns
for the recipient countries so as to achieve common development for these
countries and China. This can be manifested in the following aspects: 1.Diversification in providing Foreign
Assistance. We shall,
based on the real situation, different conditions and different needs in
different countries, provide foreign assistance funds with different
contents in different ways and of different nature to different recipient
countries while taking into consideration the capabilities of our country.
The governments of the recipient countries are permitted to re-lend the
loans granted by the Chinese government to enterprises cosponsored by the
two sides or just by one side. 2.In accordance with the requirements of the recipient
countries,
we shall discuss with them to select those small and medium-sized projects
which they can construct and operate and which are commensurate with their
economic development, e.g. industrial and agricultural production projects,
processing and assembling projects, commodity distribution centers, bonded
warehouses and department stores, etc. We encourage enterprises from both
sides to establish equity or cooperative joint ventures in production
projects, and we should strengthen various forms of technical assistance.
3.The provision of material assistance to foreign countries
should serve the development of the foreign trade market apart from
serving the purpose of disaster relief. We should ensure the quality of
the assistance materials and offer a good service after the provision. We
should both meet the needs of the recipient countries and bring benefits
to the expansion of bilateral trade.
4.We shall support foreign trade, overseas investment and other
forms of mutually-beneficial cooperation. Apart from relending
governmental loans to the enterprises, certain amount can also be
appropriated from fund for foreign assistance to support, in the form of
credit, Chinese enterprises to establish joint ventures and undertake
overseas projects in the developing countries. The assistance fund can
also be used in the cooperation in resource survey or the prospecting and
design of the projects.
5.We shall continue to adopt flexible and timely forms of foreign
assistance and provide small volume of grant (material, technical
assistance and small projects) to the recipient countries so as to help
then surmount certain difficulties.
6.We shall strengthen multilateral cooperation. We can combine
some aid fund with the funds from UN and other multilateral development
institutions in order to carry out economic and technical cooperation in
developing countries. 7.The ways and practices in foreign assistance shall both carry
our own characteristics and be consistent with the internationally
prevailing practices and rules. The contents of the contracts of
assistance in the form of projects and materials shall be in line with the
international norms so that different recipient countries will be willing
to accept.
8.The recipient countries are allowed to repay our loans in
various forms.
Policies on International Trade and Economic Cooperation.
With regard to the relations with international organizations for
multilateral economic and trade cooperation, our principle is to
strengthen trade and economic contacts with all members of international
multilateral organizations on the basis of mutual respect, equality and
mutual benefit so as to promote common development. WE are of the view
that economic development and common prosperity can not be achieved
without constantly strengthened cooperation and coordination as well as
exchange of needed goods and complementing each other on the basis of
equality and mutual benefit. We shall strictly abide by this principle in
the relevant activities in GATT, WTO, UNCTAD and APEC. With regard to the development of regional blocs in the world
economy, it is our view that regional economic blocs should be open rather
than exclusive and be conducive to the establishment of a new
international economic order. Given the different conditions in the
countries and regions, it is impossible to have just one form of
cooperation, the countries and regions concerned may choose a suitable
mode of cooperation in the light of their actual conditions. We are
willing to consult with the countries concerned and carry out various
forms of regions economic and trade cooperation according to the needs and
possibilities.
3.With respect to the resumption of china's GATT contracting
party status, China is willing to enjoy the equal rights that it is
entitled to and to perform the obligations commensurate with the level of
economic development in China along with other contracting parties on the
basis of balance between rights and obligations. Our purpose is to,
through the participation in multilateral trade system, introduce proper
competition mechanism into our country, deepen the reform of the domestic
economic and trade system, promote the development of domestic industries,
create a more favorable and stable international trade environment for the
development of China's foreign economic relations and trade and the
establishment of a new world economic order. In the light of these
principles and targets, while bearing the obligation to open more domestic
market, we will also demand our trading partners to reduce and eventually
eliminate those discriminatory tariff and non-tariff measures against
China, reduce trade barriers and improve the environment for China's
foreign trade.
4.The Asia-Pacific region is the most dynamic region in the world
economy today. As a member in APEC, China attaches great importance to the
activities of this Organization. In November 1994 at the informal meeting
of APEC leaders held in Bogor, Indonesia, President Jiang Zemin clearly
stated that diversity and interdependence were the reality of the
Asia-Pacific region. Based on this perception, he put forward five
principles for the future development of economic cooperation in the
Asia-Pacific region, which are mutual respect, consensus through
consultations; progressive and steady development; openess to each other
and non-exclusion; extensive cooperation and mutual benefit; narrowing
differences and achieving common prosperity. These five principles are
also China's principles for dealing with other regional economic
organizations. APEC should be an open, flexible and pragmatic forum and a
consultative body and not an inward-looking economic and trade bloc. The
Asia-Pacific countries and regions should open their markets to each other
and to the rest of the world as well.
5.China's principle for bilateral and multilateral assistance is "give and take". In 1982, we began to receive the economic assistance from some developed countries and international organizations. We shall take into consideration the capacity of the donor countries and our priority needs in the economic construction and do our utmost to obtain more grants and advanced technologies so as to promote the economic development in our country. At the same time, we shall provide assistance to other countries within our capacity through international organizations
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