Policy & News | Integra Group https://www.integra-group.cn Accounting, Tax, HR Wed, 20 Sep 2023 05:25:59 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.5 https://www.integra-group.cn/wp-content/uploads/2019/05/cropped-Integra-web-pin-icon-32x32.jpg Policy & News | Integra Group https://www.integra-group.cn 32 32 New ID Card For Foreign Permanent Resident:What You Need to Know https://www.integra-group.cn/new-id-card-for-foreign-permanent-resident%ef%bc%9awhat-you-need-to-know/ https://www.integra-group.cn/new-id-card-for-foreign-permanent-resident%ef%bc%9awhat-you-need-to-know/#respond Wed, 20 Sep 2023 04:34:03 +0000 https://www.integra-group.cn/?p=7515 The National Immigration Administration (NIA) of China announced that it would be releasing a new version of the foreign permanent resident ID card starting December 1, 2023.

The post New ID Card For Foreign Permanent Resident:What You Need to Know appeared first on Integra Group.

]]>

The National Immigration Administration (NIA) of China announced that it would be releasing a new version of the foreign permanent resident (PR) ID card starting December 1, 2023.

 

Details of the New ID Card

The updated ID card will showcase a fresh design incorporating elements from China’s national flag, including new drawings of the Great Wall and shadings. The card will also feature more advanced anti-counterfeit technologies, ensuring a higher level of security.

 

The card number will expand from 15 to 18 digits, incorporating various information codes such as the foreigner identification code, nationality code, and application location code. Each cardholder will be assigned a unique number that remains unchanged throughout their lifetime.

 

Technological Advancements

 

The NIA has upgraded the card’s machine-readable and visual-readable fields, enhancing anti-counterfeiting features and optimizing the layout. The card will be easily identifiable through visual reading, facilitating more on-site application scenarios and online platforms.

 

Moreover, the card’s chip storage structure has been adjusted to be compatible with widely used identity card-reading machines across various sectors and departments.

 

Benefits of the New ID Card

 

Cardholders can use the PR ID Card as a valid certificate in situations such as accommodation registration and transportation ticket purchase, without the need to present their passports. Cardholders will have easier access to services such as education, health, transport, hotels, financial activities, and e-commerce.

 

NIA officer also explained that the card allows its holder to enter and exit the Chinese border multiple times, without the need for additional visa procedures, when presented along with a valid passport.

 

Existing cardholders can continue using their current cards within the effective period and apply for the new version at local exit-entry administration agencies as needed.

 

China initiated its permanent residency program for foreign nationals in 2004 with the goal of attracting international talent and fostering the nation’s socio-economic growth. While the initial stages of the program were characterized by stringent criteria, limiting the number of individuals who could secure permanent residency annually, there has been a notable shift in recent years.

 

The government has undertaken efforts to revise the permanent residency laws, aiming to expand the eligibility criteria for prospective applicants. This move is seen as a strategic approach to encourage a more diverse pool of skilled individuals from various fields to consider China as a viable place for long-term residence.

 

With the introduction of the new ID card, China is poised to elevate its openness and enhance the digitalization of services for foreign residents, promising improvements in both quality and efficiency.

 

Integra Group is a fully licensed asia-focused accounting, taxation, and business advisory firm – with dedicated offices in Shanghai, Beijing, Singapore and Taipei. We’ve helped companies ranging from Fortune 500 companies to small to medium sized businesses establish and grow their presence in Asia.

Contact Us

The post New ID Card For Foreign Permanent Resident:What You Need to Know appeared first on Integra Group.

]]>
https://www.integra-group.cn/new-id-card-for-foreign-permanent-resident%ef%bc%9awhat-you-need-to-know/feed/ 0
China Extends Personal Income Tax Benefits for Expats Until 2027 https://www.integra-group.cn/china-extends-personal-income-tax-benefits-for-expats-until-2027/ https://www.integra-group.cn/china-extends-personal-income-tax-benefits-for-expats-until-2027/#respond Wed, 30 Aug 2023 10:38:51 +0000 https://www.integra-group.cn/?p=7490 China will extend preferential tax policies for foreign nationals working in the country until the end of 2027.

The post China Extends Personal Income Tax Benefits for Expats Until 2027 appeared first on Integra Group.

]]>

The individual income tax benefits for foreigners, initially set to expire at the end of this year, will now continue until the end of 2027.

 

Foreign nationals who meet the criteria for tax residency in China (which refers to individuals who have domicile in China, or though without domicile but have resided for more than 183 days in total in China) now have a choice between two distinct tax advantages.

 

According to the updated guidelines, eligible individuals can either choose a special additional deduction for their personal income tax or follow the previously established regulations that provide tax-free benefits for housing allowances, language course fees, children’s education expenses, and other subsidies.

 

It’s crucial to note that these two benefits cannot be availed concurrently. Once an individual makes a selection, it remains unchangeable for the duration of that tax year.

 

This recent announcement confirms that this policy will remain in effect up to the end of December 2027, solidifying a long-term structure for the personal income tax strategy concerning subsidies for foreign nationals.

 

Recommendations for Companies

 

Companies employing foreign nationals should consider making HR and payroll policy adjustments in light of this extension. They should communicate with their employees to arrange benefits in line with the current policies. Companies that had made preparations for the original tax policy change might need to reconsider their decisions.

 

Extending the IIT preferential policy for foreigners showcases China’s strategic intent to attract and retain international talent. It also underscores China’s commitment to creating a favorable environment for foreign professionals and businesses.

 

Integra Group is a fully licensed asia-focused accounting, taxation, and business advisory firm – with dedicated offices in Shanghai, Beijing, Singapore and Taipei. We’ve helped companies ranging from Fortune 500 companies to small to medium sized businesses establish and grow their presence in Asia.

Contact Us

 

The post China Extends Personal Income Tax Benefits for Expats Until 2027 appeared first on Integra Group.

]]>
https://www.integra-group.cn/china-extends-personal-income-tax-benefits-for-expats-until-2027/feed/ 0
China Resumes Fast-Lane for Cross-Border Travel to Boost Economy and Tourism https://www.integra-group.cn/china-resumes-fast-lane-for-cross-border-travel-to-boost-economy-and-tourism/ https://www.integra-group.cn/china-resumes-fast-lane-for-cross-border-travel-to-boost-economy-and-tourism/#respond Mon, 15 May 2023 05:32:02 +0000 https://www.integra-group.cn/?p=7348 China will once again implement fast-lane services for a range of travelers entering and exiting the mainland, with the goal of accelerating border inspections and simplifying travel across regions.

The post China Resumes Fast-Lane for Cross-Border Travel to Boost Economy and Tourism appeared first on Integra Group.

]]>

Beginning May 15th, 2023, China will once again implement fast-lane services for a range of travelers entering and exiting the mainland, with the goal of accelerating border inspections and simplifying travel across regions. This initiative is anticipated to bolster the economy and fully restore the fast-lane services previously available prior to the pandemic.

Eligible travelers include Chinese citizens with passports or special permits for travel to Hong Kong, Macao, or Taiwan; Mainland tour groups planning to visit Hong Kong and Macao, as well as mainland visa applicants intending to visit relatives, work, study, or handle specific matters in the two regions, will also be permitted to apply for visas at any domestic exit and entry administration center.

Foreigners who possess valid passports and China-issued foreign permanent resident ID cards, as well as those who hold electronic passports and residence permits valid for over six months, can also access to the fast-lane services.

The National Immigration Administration issued a circular announcing the adjustments to immigration policies. These adjustments are expected to benefit people not employed where they have registered residence and will significantly ease the visa application process for tourists to Hong Kong and Macao. With more flexible immigration policies, tailored package products are expected to emerge, providing greater convenience for tourists.

Uplifting China’s Foreign Investment Prospects

The resumption of fast-lane services for cross-border travel is anticipated to boost foreign investment in China by simplifying border inspections and facilitating entry and exit for diverse travelers, thus creating a more inviting atmosphere for foreign investors and professionals.

With the further relaxation of border restrictions following the pandemic, cross-border movement is anticipated to be increased, which in turn will benefit the growth of international business activities and strengthen international collaboration in various sectors.

Integra Group is an Asia-focuses accounting, tax, HR, and market entry advisory firm servicing clients across our offices in Beijing, Shanghai, Taipei, Hong Kong, and Singapore. Contact us today and discuss how we can assist you in reaching your business objectives in China.

 

The post China Resumes Fast-Lane for Cross-Border Travel to Boost Economy and Tourism appeared first on Integra Group.

]]>
https://www.integra-group.cn/china-resumes-fast-lane-for-cross-border-travel-to-boost-economy-and-tourism/feed/ 0
China Resumes Issuing Visas to Foreigners: What You Need to Know https://www.integra-group.cn/china-resumes-issuing-visas-to-foreigners/ https://www.integra-group.cn/china-resumes-issuing-visas-to-foreigners/#respond Thu, 23 Mar 2023 09:39:15 +0000 https://www.integra-group.cn/?p=7293 After nearly two years of strict travel restrictions due to the pandemic, China has taken a significant step towards reopening its borders by resuming the issuance of visas for foreigners of all categories

The post China Resumes Issuing Visas to Foreigners: What You Need to Know appeared first on Integra Group.

]]>

China has recently announced the resumption of visa issuance for foreigners of all categories, including visas for tourist and medical affairs. This marks a significant step towards reopening China’s borders to the world after almost two years of strict travel restrictions.

Changes to Chinese Visa Policies

According to the new policy adjustments, visas issued before March 28th, 2020, will be resumed for entry. Port visa authorities will also resume reviewing and issuing all kinds of port visas for legal reasons. Additionally, visa-free entry to Hainan province, Shanghai for cruises, Guangdong province for foreigners from Hong Kong and Macao, and Guilin, Guangxi for ASEAN tourist groups will be resumed.

China’s Full Reopening of Borders to Visitors

Business travelers have been eligible to apply for business visas for China since January 8th, when the country began its first major move towards reopening its previously busy borders by abolishing mandatory quarantine upon arrival. Since then, foreigners have been able to apply for business visas to travel to China for commercial activities. With the latest policy adjustment, however, foreigners can now travel to China more conveniently and for all purposes.

The resumption of visa issuance is expected to help revive the tourism sector and boost the country’s economy. It will also allow foreign businesses to restart their operations in China and provide a platform for international trade and invstment.

How to Obtain a Work Visa for China

Foreign nationals who wish to work in China are required to have a work visa, also known as a Z visa. Employers who are interested in hiring foreigners to work in China must comply with local laws and regulations, such as having a legal entity for their business in China and the appropriate certifications from local government entities. As China’s economy grows and attracts foreign investment, the demand for foreign talent is expected to increase, making work visas an essential tool for facilitating international business and cooperation.

To apply for a work visa in China, foreign nationals must first obtain a work permit, which the local Bureau of Human Resources and Social Security issues. Once the work permit is approved, the applicant can apply for a work visa at the Chinese embassy、consulate, or other diplomatic missions in person for application. The application process typically involves submitting a completed visa application form, a passport-sized photo, and other supporting documents.

It is important to note that China’s work visa regulations are subject to change, and applicants are advised to consult with the relevant authorities or seek professional advice before applying.

Let Us Help With Your Work Visa Application

Integra Group is a one-stop business service provider that offers assistance with work visas, business visas, and accompanying family visas. Our team of accountants and business advisors is highly experienced in handling government applications and ensuring that the work permit applications for entrepreneurs, business partners, and expatriate employees – and their families – are processed timely and without delay.

Contact us today to speak with one of our professionals and get started with your work visa application process.

The post China Resumes Issuing Visas to Foreigners: What You Need to Know appeared first on Integra Group.

]]>
https://www.integra-group.cn/china-resumes-issuing-visas-to-foreigners/feed/ 0
Foreign Investment in Outbound Travel Services in China https://www.integra-group.cn/foreign-investment-in-outbound-travel-services-in-china/ https://www.integra-group.cn/foreign-investment-in-outbound-travel-services-in-china/#respond Mon, 05 Dec 2022 07:50:30 +0000 https://www.integra-group.cn/?p=7039 Foreign investment in outbound travel services in China is now in a pilot stage following significant easing of Chinese travel restrictions.

The post Foreign Investment in Outbound Travel Services in China appeared first on Integra Group.

]]>

On October 8th, 2022, the State Council issued a notice on the temporary adjustment to laws pertaining to foreign investment in outbound travel services in China. The amendments to the Regulations on Travel Agency allow qualified foreign-invested enterprises registered in Shanghai and Chongqing to provide travel services to Chinese nationals outside of China, including Hong Kong and Macao, but excluding Taiwan.

Article 23 of the Regulations on Travel Agency currently prohibits foreign-invested travel agencies nationwide from engaging in travel services for Chinese nations traveling abroad. The amendments direct the relevant local departments of the State Council in Shanghai and Chongqing to formulate the rules and relevant administrative measures in a manner comparable to a comprehensive pilot program allowing qualified foreign-invested enterprises in the area to engage in outbound travel services in China.

The amendment specifies the pilot program applies to qualified foreign-invested travel agencies without specifying the criteria which need to be met.  

Notably, the temporary adjustments come at a time when authorities have made considerable changes to the epidemic prevention and control policies pertaining to inbound travel to China in line with the dynamic zero-COVID policy which has sparked renewed optimism amongst Chinese tourists and travel agencies in China.

The temporary adjustments are effective until April 8th, 2024.

Opportunities for Outbound Travel Services in China

In the years leading up to the outbreak of Covid-19, outbound Chinese tourism had seen rapid growth reaching 155 million travelers in 2019. However, this number dropped significantly in 2020 to roughly 20.3 million and an estimated 25.6 million in 2021. This dramatic drop in outbound travel caused the once USD $255 billion industry to all but vanish for the time being.

Experts credit the significant drop in overseas travel in part due to the cancelation of many scheduled flights to and from China, driving air transportation prices up significantly, and the ongoing travel restrictions imposed on passengers entering China from abroad.

However, Chinese tourists have demonstrated an eagerness to resume travel abroad in the absence of strict travel restrictions. Following an announcement by Hong Kong SAR authorities on the new 0 + 3 policy for inbound passengers, referring to 0 days central quarantine and 3 days home quarantine, Trip.com reported a 400% increase in online booking compared to the weekend prior.

Likewise, when Macau reported no new local breakouts and dropped quarantine requirements for tourists from low-risk areas, the number of tourists to Macao recovered to 50 percent of pre-pandemic levels, indicating that quarantine requirements are a key factor in the resumption of international travel to and from China.

Notable Policy Changes for International Travel to China

China maintains a dynamic zero-COVID policy the goal of which, contrary to the name, does not aim to have zero infection, but instead controlling the spread of the virus at the lowest possible cost in the shortest possible time, according to Chinese officials. This includes making timely adjustments according to the changes in the virus and the situation on the ground.

In an October 12th announcement, the State Council stated that recent adjustments to epidemic prevention and control measures emphasize a scientific approach to minimize the impact of the epidemic on economic and social development goals. With domestic and international travel being a critical aspect of the zero-COVID policy, the announcement suggests that officials are looking for ways to minimize travel restrictions for both domestic and international travel.

Quarantine requirements

On November 11th, the National Health Commission announced a reduction in the quarantine requirements for travelers entering China from overseas. The quarantine requirement for travelers entering China has been reduced to “5 + 3”, which corresponds to 5 days of central quarantine and 3 days at home quarantine, down from “7 + 3”. The current quarantine requirements are a significant departure from policies earlier this year – which required a minimum of 14 days of central quarantine and up to 28 days in certain areas.

International Flight Routes

In the same announcement, officials also announced that they would be doing away with the “circuit breaker” policy which would temporarily suspend a specific flight route from operating based on the number of passengers who test positive for the coronavirus upon entry into China.  Flight routes could be canceled for up to two weeks if airlines failed to prevent the spread of infections onboard their flights.

Numerous reports in October also state that China’s three major airlines which include Air China, China Southern Airlines, and China Eastern Airlines will resume numerous international flights between high-profile destinations starting this year.

PCR Testing Requirements Prior to Entering China

Previously, all travelers planning to enter China must obtain a green Health Declaration Certificate (HDC) code for foreign nationals or a green Health Code for Chinese nationals from the Chinese embassy in the country of departure and transit countries. The previous policy required two negative PCR tests, the first of which must be sampled within 48 hours of departure and the second within 24 hours of departure.

Chinese embassies in numerous countries announced on November 11th that the PCR test requirements have been adjusted down to 1 test sampled within 48 hours of departure further reducing the cost and overall burden on inbound travelers to China.

The post Foreign Investment in Outbound Travel Services in China appeared first on Integra Group.

]]>
https://www.integra-group.cn/foreign-investment-in-outbound-travel-services-in-china/feed/ 0
Fast Pass for Sending Money Outside of China https://www.integra-group.cn/fast-pass-for-sending-money-outside-of-china/ https://www.integra-group.cn/fast-pass-for-sending-money-outside-of-china/#respond Thu, 15 Sep 2022 07:10:22 +0000 https://www.integra-group.cn/?p=7011 The Fast Pass provides a significantly faster and more convenient avenue to purchase and send foreign currencies out of China.

The post Fast Pass for Sending Money Outside of China appeared first on Integra Group.

]]>

Foreign nationals living in China have likely experienced the challenges of purchasing and sending foreign currencies abroad. Purchasing and sending foreign currencies typically requires foreign nationals to present a tax payment certificate, labor contract, and income certificate to the bank to carry out the process which can involve a visit to the local tax bureau and the involvement of their employer. However, the process of sending money abroad has recently become significantly more convenient for foreign nationals working in Shanghai.

The announcement of a pilot program in Shanghai for a “Fast Pass” to facilitate the purchase and remittance of foreign currencies came as welcomed news to many foreign nationals. The Fast Pass effectively replaces all the previous documents, allowing foreign nationals to just bring their Fast Pass and their Passport to purchase and send foreign currencies abroad.

The Fast Pass has successfully completed its pilot stage and can now be applied freely by qualified foreign nationals residing in Shanghai.

Who can apply for a “Fast Pass”

Currently, the Fast Pass is only available for foreign nationals employed by companies registered in Shanghai. Furthermore, the company should have a physical business premise and has not previously been found to have engaged in any illegal or untrustworthy conduct.

While the Fast Pass can be applied for in Shanghai immediately after the foreign national has paid tax on their income, the amount for remittance will be directly linked to the taxable income in the prior 12 calendar months. Thus, it is generally a good idea to apply once the foreign national has accumulated at least several months of taxable income or according to their personal requirements to avoid needing to apply again shortly thereafter.

Although the Fast Pass is currently only available in Shanghai, we hope to see the adoption of the Fast Pass in other cities in the future.

Fast Pass Application Center Pudong Shanghai

How to apply for a Fast Pass for foreign remittance in Shanghai

Applying for the Fast Pass is a relatively simple process and can be completed within a couple of days.

Online Application

To begin the application, the employer of the foreign national should navigate to the Fast Pass application portal of the Shanghai Online Government Services Platform(上海一网通办)and log in using their E-business license or their USB security token.

Then, enter the foreign national’s work permit number and begin the application. Once the application is opened, the system will auto-fill the personal information and tax information of the foreign national including the annual remuneration amount available to be remitted abroad. The company can report additional income received by the foreigner. However, it should be noted that this will require uploading additional supporting documents to demonstrate the additional income has been appropriately taxed.

Once all the information has been reviewed by the company, they can print the Fast Pass on Foreign Talents Remuneration Foreign Exchange form to be stamped using the company stamp and signed by the foreign national before being attached to the online application. Upon confirming all the information is correct, the application can be submitted.

There is no processing time for the online application and the foreign national or the company’s designated responsible person can proceed directly to the next step.

Visit the Foreign Talent Management office

The final step is for the company’s responsible person or the foreign national to make an appointment to visit the Foreign Talent Management Office in their respective area to have the form verified and stamped. To make an appointment, the foreign national or responsible person can book an appointment on the Shanghai Online Government Service Platform. Foreign nationals or the responsible person within the company need only bring the original Fast Pass on Foreign Talents Remuneration Foreign Exchange form affixed with the company stamp and the original work permit card of the foreign national.

With the Fast Pass form stamped by the Foreign Talent Management Office, the foreign national can now visit the bank to purchase and remit foreign currencies more freely. 

Shanghai Science and Technology Administrative Service Center Xuhui Shanghai

Note: The office authorized to verify and stamp applications can vary based on where your company is registered. The Shanghai Online Government Services Platform will identify which Foreign Talent Management Office jurisdiction the company belongs to.

List of Shanghai Foreign Talent Management Offices:

  • 1525, Zhongshan West Road, Xuhui District, Shanghai Science & Technology Administrative Service Center
  • 33 Shenhong Road, Minhang District, Hongqiao Business District Enterprise Service Center
  • 38 Rijing Road, Pudong New Area, Shanghai Pilot Free Trade Zone Bonded Area Human Resources Service Center

 

How Does the Fast Pass work?

The Fast Pass is intended to facilitate the purchase and payment of foreign currencies for qualified foreign nationals by reducing the required paperwork foreign nationals need to present to the bank to carry out the process. Once successfully applied, the Fast Pass is valid for 2 years from the date of application and foreign nationals need only bring the original copy of the Fast Pass and their Passport with them to the bank to buy and remit foreign currency.

The Fast Pass allows foreign nationals to remit up to 100% of the annual remuneration amount as recorded on the Fast Pass. This, by default, is the after-tax income automatically reported by the Shanghai Tax authorities during the online application stage plus any amount carried forward.

This means that if the foreign national has worked outside of Shanghai and paid income tax outside of Shanghai within the last 12 months, this will likely not be included in the remuneration amount recorded on the Fast Pass.

The bank will record the amount of foreign currency remitted on the back of the Fast Pass each time a remittance is made. If all 20 spaces (columns) are filled or the foreign national does not remit the full amount available to them, the unused remuneration amount can be carried forward to the next application.

Integra Group Remarks

Prior to the use of the Fast Pass, the State Administration for Foreign Exchange (SAFE) relied on banks to verify that individual funds being used for foreign exchange by foreign nationals in China had been appropriately taxed in China and national foreign currency controls were being complied with.  With the Fast Pass in effect, authorities can now pre-approve the allowed amount for foreign remittance reducing the reliance on the bank to ensure compliance and allowing for a more streamlined process. 

While the Fast Pass does not fundamentally change China’s foreign currency controls, it does provide foreign nationals in Shanghai a significantly faster and more convenient avenue for remitting their China-sourced income abroad.

Jessie Lin, Director for Accounting at Integra Group, adds “the introduction of the Fast Pass is a welcomed development for foreign talents in Shanghai. The unified tracking of foreign exchange records provided by the Fast Pass enables the process of sending individual’s funds overseas to be significantly streamlined. We hope that with the success of the Fast Pass in Shanghai, more cities begin to implement the policy to better serve foreign talents across China.” 

The post Fast Pass for Sending Money Outside of China appeared first on Integra Group.

]]>
https://www.integra-group.cn/fast-pass-for-sending-money-outside-of-china/feed/ 0
Policy Update: SMEs in China Eligible for Uncredited VAT Refund https://www.integra-group.cn/china-uncredited-vat-refund-2022/ https://www.integra-group.cn/china-uncredited-vat-refund-2022/#respond Tue, 17 May 2022 09:00:08 +0000 https://www.integra-group.cn/?p=6865 SMEs and Enterprises in the manufacturing and other industries can claim a one-time uncredited VAT refund.

The post Policy Update: SMEs in China Eligible for Uncredited VAT Refund appeared first on Integra Group.

]]>

Following a March 21st announcement by the Ministry of Finance and State Taxation Administration, all qualified Micro and Small-Sized Enterprises (MSE) and enterprises engaged in manufacturing and other industries may claim a one-time refund of their Value-Added Tax (VAT) credits starting from the April and May 2022 tax filing periods (MoF, STA [2022] Announcement No. 14).

The new policy allows qualified businesses to refund their existing VAT credits previously incurred by the business on goods and services purchases. For many businesses, this refund helps improve their short-term cash-flow requirements.

This comes at a time when numerous areas in China are experiencing a new wave of COVID-19 cases forcing many retail stores, manufacturing facilities, and offices to temporarily shut down their operation leading some to face severe cash flow constraints.

This policy not only applies to businesses affected by recent lockdowns but also benefits those who are facing a cash shortage due to the general economic downturn. Qualified enterprises that have recently made or are planning to make large capital investments in the business should also take note of the new measures. Taxes paid in relation to capital equipment, for example, can be claimed back in advance as opposed to being used to offsetting output VAT on future sales.

Prior to the announcement, only qualified advanced manufacturing enterprises have been allowed to apply for a 100% refund of VAT credits. MSEs in China have been able to apply for a 60% refund of VAT credits using the “refund-upon-collection” or “refund-after-collection” method. The updated policy allows MSEs and enterprises engaged in manufacturing and other industries to apply for a full VAT credit refund starting from the April and May 2022 tax filing periods.

 

 

Types of Refundable VAT Credits

 

Should businesses decide to apply for a refund, they can expect two separate refunds: 1) Existing VAT credits on or before April 1st, 2019; and 2) Incremental VAT credits incurred after March 31st, 2019.

The Existing VAT credits refer to the VAT credit amount in the current period, up to a maximum amount of VAT credit on the balance sheet as of March 31st, 2019.
If the VAT credit in the current period exceeds the VAT credits as of March 31st, 2019 (if any), the extra portion of the balance is referred to as the Incremental VAT credits.
If the company was established after March 31st, 2019, 100% of the VAT credit will be counted as the incremental VAT credit.

Example:

The company has RMB 1.2 million in input VAT credits as of April 30th, 2022. However, the company only had a VAT credit balance of RMB 500k as of March 31st, 2019. The amount of Existing VAT credit is RMB 500k while the Incremental VAT credit is RMB 700k.

 

 

How to qualify for the VAT credit refund

 

The newly announced measures are available to Micro and Small-Sized Enterprises which are classified as follows:

Micro-sized enterprises – include enterprises with value-added tax sales below RMB 1 million within 12 consecutive months prior to applying for the refund

Small-sized enterprises – include enterprises with value-added tax sales below RMB 20 million within 12 consecutive months prior to applying for the refund

Medium-sized enterprises – include enterprises with value-added tax sales below RMB 100 million within 12 consecutive months prior to applying for the refund

Large-sized enterprises – include enterprises with value-added tax sales of RMB 100 million or above million within 12 consecutive months prior to applying for the refund

 

In order to qualify for the VAT credit refund, MSEs and enterprises engaged in manufacturing and other industries must meet the following additional requirements:

  • The taxpayer’s credit rating must be at A or B level;
  • In the 36 months prior to the application for the tax refund, there is no incident of fraudulently obtaining tax refunds for remaining credits, fraudulently obtaining export tax refunds, or falsely issuing special VAT invoices;
  • The company has not been penalized twice or more by the tax authority for tax evasion in the 36 months prior to the application for the tax refund;
  • The company has not utilized the refund upon collection or refund after collection policy from April 1, 2019.

 

The announcement also expands the VAT refund policy for medium- and large-sized enterprises engaged in manufacturing and other industries. These specific industries refer to:

  • Scientific research and technical services;
  • Electricity, heat, gas, and water production and supply;
  • Software and information technology services;
  • Ecological protection and environmental governance; and
  • Transportation, warehousing, and postal industries.

 

 

How to apply for the uncredited VAT refund

 

Businesses should first examine whether they have VAT credits on their balance sheet and whether the amount is enough to warrant the effort of seeking a refund. Taxpayers looking to apply the policy should do so through the online tax portal corresponding to the tax district to which the company belongs.
Qualified MSEs can apply for the Existing VAT credit and Incremental VAT credit according to the table below. Notably, the VAT refund for MSEs is scheduled to expire on December 31st, 2022.
Please change below the Uncredited VAT Refund to VAT Credit Refund.

Qualified enterprises can apply simultaneously for the Existing tax credit and the Incremental tax credit provided they are applying in the tax period corresponding to the table above or later.
Micro- and Small-Sized Business have until December 31st to apply for the VAT refund. However, there is no stated deadline for enterprises carrying out manufacturing and other industries to apply for the refund and it is expected that the policy will continue into 2023.

 

 

Limitations of the One-Time VAT credit refund

 

Ultimately, the tax refund does not reduce the total VAT liability of the business but instead provides more tools to better manage the cash flow by shifting the tax payment to the time of final sale.
This negates the businesses’ ability to credit the VAT credit against future output VAT on sales. In other words, the business will face a net higher VAT payable in the future due to having less input VAT to offset its output VAT.

However, the policy can be a useful tool for businesses to better manage their cash flow. Businesses facing closures or losses of revenue due to the recent economic downturn can apply the policy to receive cash back provided they meet the requirements. Likewise, businesses that made or are planning large capital expenditures can free up some working capital to run the business.

For more information on the application for the VAT refund, please contact us for a free consultation.

The post Policy Update: SMEs in China Eligible for Uncredited VAT Refund appeared first on Integra Group.

]]>
https://www.integra-group.cn/china-uncredited-vat-refund-2022/feed/ 0
2021 Work Report Highlights: Tax Policies and Announcements https://www.integra-group.cn/2021-work-report-highlights-tax-policies-and-announcements/ https://www.integra-group.cn/2021-work-report-highlights-tax-policies-and-announcements/#respond Tue, 23 Mar 2021 09:54:48 +0000 https://www.integra-group.cn/?p=6488 The Work Report is typically highlighted by major policy announcements and governmental priorities for the following year.

The post 2021 Work Report Highlights: Tax Policies and Announcements appeared first on Integra Group.

]]>
Every year, the two main political bodies in China meet for the annual “Two Sessions”, where major economic, trade, diplomatic, and environmental policies are announced. 

The Two Sessions consist of back-to-back meetings of the National People’s Congress (NPC), the highest legislative organ of the Chinese Communist Party (CCP), and the Chinese People’s Political Consultative Conference (CPPCC), an advisory board of over 2,200 politicians, businesspeople, social elites, and special invitees. 

The annual Two Sessions is typically highlighted by the Premier delivering the Government Work Report (政府工作报告) which includes major policy announcements and governmental priorities for the following year. 

However, this year’s annual Two Sessions, in particular, carries added importance, as the 14th 5-year plan together with the “Long-Term Objectives Through 2035” have been formally submitted to the conference. This year’s annual event also marking the 100th anniversary of the CCP which carries important symbolic value for policymakers.

Announcements at this year’s Two Sessions give Chinese businesses and foreign investors a clear window into the policy agenda and development reforms planned for years to come. 

Notably, the Work Report delivered by Premier Li Keqiang provides short-term policy announcements which should come as good news to businesses in China. 

Fiscal Policy Announcements in the 2021 Work Report

An area of the Government Work Report which is of great interest to businesses and foreign investors is the announcements on upcoming fiscal policy changes. Premier Li Keqiang delivered the 2021 Work Report which directs government departments to continue introducing structural tax reduction measures for enterprises in China and extend the effective period of certain preferential policies introduced in response to the COVID-19 epidemic. 

Reduced VAT rate for small-scale taxpayers

In response to the COVID-19 pandemic, the State Taxation Administration and Ministry of Finance jointly announced that small-scale taxpayers nationwide would enjoy a reduced VAT rate of 1%, down from 3% (Caishui [2020] No. 13). As such, this policy was set to expire on December 31st, 2020. 

Premier Li Keqiang announced in his readout of the 2021 government work report, that the reduced VAT rate for small-scale taxpayers would be extended. Taxpayers who are already enjoying the reduced VAT rate can expect to continue to enjoy the preferential rate throughout 2021.

Increased the ceiling for VAT exemption

In China, small-scale VAT taxpayers whose revenue does not exceed RMB 100,000 monthly (or RMB 300,000 quarterly) are eligible for VAT exemption status. Following announcements during the Two Sessions, the revenue ceiling for VAT exemption has been increased to RMB 150,000 monthly or RMB 450,000 on a quarterly basis. 

Increasing the revenue ceiling for VAT exempt taxpayers results in more taxpayers enjoying the preferential policy and further reduces the tax burden for qualified small businesses in China. VAT exempted taxpayers are still required to submit a quarterly VAT filing, however, are not required to withhold and pay the VAT at the end of the filing period. 

Halving CIT Liability for Micro and Small-sized Enterprises 

Currently, Micro and small-sized enterprises (MSE) enjoy a preferential CIT rate of 20% on 25% of their taxable income for the portion of taxable income not exceeding RMB 1 million (effective CIT rate of 5%).  

In addition to the current policy, MSE will now enjoy a further 50% reduction on CIT liability for the first RMB 1 million taxable income. That is to say, MSE’s before-tax profits under RMB 1million will have their tax liability reduced by half. 

MSEs are defined as those enterprises with taxable income less than RMB 3 million, the number of total employees not exceeding 300 persons, total assets not exceeding RMB 50 million, and not engaged in industries prohibited or restricted by the government.

See the below example for the CIT calculation under the new policy for MSEs.

Super deductions for R&D expenses

Enterprises in China engaged in Research and Development activities have in the past enjoyed Super Deductions for their R&D expenses for CIT purposes as a means of promoting innovation and technological development. R&D expenditure by qualified enterprises can enjoy an additional 75% expense deduction under the preferential policy (Caishui [2018] No. 99).

During the 2021 Two Sessions, Premier Li Keqiang announced that the additional 75% Super Deduction of R&D expenses by qualified enterprises shall be extended in 2021 and R&D Super Deductions for manufacturing enterprises shall be increased from 75% to 100%. This is to say, qualified manufacturing companies engaged in R&D activities can deduct R&D expenses at a rate of 2:1 per RMB of expenditure. 

What to Expect in 2021

The year 2020 was certainly a tumultuous year for businesses across the globe due to the COVID epidemic, the impact of which was first felt in China. The Government Work Report describes major successes in implementing macro-policies to meet the urgent needs of market entities and keep the fundamentals of the Chinese economy stable – resulting in the Chinese economy expanding by 2.3% and being the only major economy to report GDP growth last year.

The 2021 Work Report promises to further optimize and implement tax reduction policies and, in the process, acknowledges that some policy adjustments may no longer be effective. The report promises to hedge against the impact of these policies and to deliver further tax reduction policies to meet the on-going challenges.  

Additionally, the 2021 Work Report contains a GDP target of 6% – a modest target compared to many analysts estimating the Chinese economy could grow at a rate of 8% in 2021 .  Premier Li stated during his address that the modest GDP target of 6% will “enable all of us to devote full energy to promoting reform, innovation, and high-quality development”. 

Future reforms are expected to be in line with China’s 14th 5-year plan and the long-term goals for 2035 which place innovation, advanced manufacturing, domestic demand, and social and environmental goals at the forefront. 

Along with renowned commitments made during the Two Sessions to continuing the Reform and Opening Up, foreign investors are likely to see more opportunities in China, especially in areas of technology, manufacturing, green energy, and trade. 

The post 2021 Work Report Highlights: Tax Policies and Announcements appeared first on Integra Group.

]]>
https://www.integra-group.cn/2021-work-report-highlights-tax-policies-and-announcements/feed/ 0
China’s Encouraged Catalogue and Negative Lists for Foreign Investment 2020 https://www.integra-group.cn/china-encouraged-list-negative-list-2020/ https://www.integra-group.cn/china-encouraged-list-negative-list-2020/#respond Fri, 19 Feb 2021 09:49:21 +0000 https://www.integra-group.cn/?p=6458 Changed to the Encouraged Catalogue and Negative Lists provide foreign investors greater market access going forward.

The post China’s Encouraged Catalogue and Negative Lists for Foreign Investment 2020 appeared first on Integra Group.

]]>
Chinese authorities have used a system of Negative Lists and Encouraged Lists to guide foreign investments in specific industries in need of foreign investment and know-how. The 2020 Encouraged Catalogue and the 2020 Negative Lists come as good news for foreign investors in the form of greater market access and expanding the number of industries where foreign investment is eligible for preferential treatment. 

The 2020 Encouraged Catalogue saw an increase of 127 items, an increase of 10% over its predecessor, bringing the total to 1235 items. Meanwhile, the number of items on the Negative List has been reduced from 33 to 30.  

The increased number of items on the Encouraged Catalogue and simultaneous reduction of the Negative list is a move by authorities to stabilize foreign investment and deliver on promises made during the most recent “Two Sessions” held by the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) to further open up the Chinese economy to foreign investors. 

Below is a summary of the lists maintained by Chinese authorities that foreign investors should pay attention to prior to investing in China.

Catalogue of Industries Encouraged for Foreign Investment (“Encouraged Catalogue”) – a list of industries and business activities where foreign investment is encouraged and eligible for preferential treatment (available here). The Encourage list consists of two sections:

  • National List – outlines industries and business activities where foreign investment is encouraged and eligible for preferential treatment nationwide. 
  • Central, Western, and Northeastern Regional List (“Regional List”) – outlines industries and business activities where foreign investment is encouraged  and eligible for preferential treatment by region. Regions include Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Anhui, Jiangxi, Henan, Hubei, Hunan, Guangxi, Hainan, Chongqing, Sichuan, Guizhou, Yunnan, Tibet, Jiangxi, Gansu, Qinghai, Ningxia, and Xinjiang.

Special Administrative Measures for Foreign Investment Access (“Negative List”) – Prohibits or restricts (by means of equity investment or other forms) foreign investment by industry nationwide – outside of Pilot Free Trade Zones (available here).

Special Administrative Measures for Foreign Investment Access to Pilot Free Trade Zones (“FTZ Negative List”) – Prohibits or restricts (by means of equity investment or other forms) foreign investment by industry within Pilot Free Trade Zones (available here) .

The Negative List of Market Access (“MA Negative List”) – Market regulations restricting industry access for all enterprises in China (foreign and domestic) including state-owned enterprises, private enterprises, join-ventures, and non-resident enterprises (available here).

  • Prohibited – prohibits market access to certain industries and prevents enterprises from engaging in specific activities which violate laws, regulations, and State Council Decisions. 
  • Restricted – restricts market access through licensing, obtaining special permits, and attaining other legal qualifications prior to market entry. 

Notable Changes to the 2020 Encouraged Catalogue 

Compared to the 2019 Encouraged Catalogue, the 2020 edition adds a total of 127 items, 65 items to the National List and 62 items to the Regional List, bringing the total number of items to 1235. In addition, 88 existing items were modified. 

The changes to the 2020 Encouraged Catalogue take manufacturing as the key sector to encourage foreign investment including advanced manufacturing and supply chains, production-oriented services, and a focus on China’s central, western, and northeastern regions.

Advanced manufacturing and supply chains – additions in areas of raw material such hydrofluoric acid, hydrogen fluoride, special glass fibers, etc.; additions and modifications in areas of components such as high-pressure vacuum components, valves, wheel speed sensors, etc.; and additions or modifications in the area of end products such as integrated circuit test equipment, laser projection equipment, Ultra HD televisions, ventilators, AI-assisted medical equipment, etc.

Production-oriented services – additions and modifications in areas of R&D such as high-technology equipment, 5G telecommunications, design of sewage treatment facilities, blockchain technology, etc.; additions and modifications to business services such as high-end equipment maintenance, transformation and integration of digital production lines, industrial service network platform, etc.; and additions and modifications to logistics services such as commodity import and export distribution centers, last-mile delivery services, etc.

Central, Western, and Northeastern Regions – individual regions added and modified specific items on the Regional List in areas such as agriculture, tourism, medical equipment, active pharmaceutical ingredient production, semiconductors, vocational education, etc. 

According to officials at the National Development and Reform Commission (NDRC), foreign-invested enterprises have created about 1/4 of China’s industrial output value, 1/5 of tax revenue, 1/15 of employment, and contribute about 40% of China’s total import and export volume. The expansion of the Encouraged Catalogue is an important policy measure by Chinese authorities to guide foreign investment in areas in need of foreign capital and know-how. 

In the past, the Encouraged Catalogue has been updated once every 3 to 5 years. However, the 2020 edition comes just one year after its predecessor, the fastest ever update to the Encourage List since its inception. According to a spokesperson at the NDRC, the timely update is an effort to stabilize foreign trade and investment in response to the global decline in FDI, which saw a decrease of 40% YoY in 2020. 

Additionally, the focus on manufacturing and production sectors has led many to expect advanced manufacturing to be a key focus of China’s 14th 5-year plan which is to be released later this year. 

Preferential Policies for Foreign Investment in Encouraged Industries

Investment in industries and business activities outlined in the 2020 Encouraged Catalogue are eligible for preferential treatment including;

  • Customs duty exemptions – equipment imported for self-use for encouraged foreign-investment projects may be exempt from customs duty upon import within the total investment. 
  • Land-use priority and preferential pricing – Land-intensive foreign investment projects within the scope of the Encouraged Catalogue may be granted priority land-use allocation. Additionally, the land-use price may be fixed at 70% of the national minimum price for the transfer of industrial land at the same level or higher. 
  • Reduced corporate income tax rate – Encouraged foreign investment projects in China’s Western, Central, and Northeastern areas within the scope of the Regional List can enjoy a reduced CIT rate of 15%, down from 25%. 

In order for encouraged foreign-investment projects to qualify for the benefits provided above, at least 60% of the new enterprise’s revenue must fall within the scope of business activity provided under the Encouraged Catalogue. 

Notable Changes to the 2020 Negative Lists

The two negative lists refer to the Negative List for Foreign Investment (“Negative List”), applicable nationwide, and the Free Trade Zone Negative List for Foreign Investment (“FTZ Negative List”), applicable to Free Trade Zones across China. 

The 2020 Negative list for foreign investment and the 2020 FTZ Negative List were shortened, delivering on a promise made during the 2020 Two Sessions  held in Beijing last year. Notably, restrictions on foreign investment in the finance sector have been removed entirely – providing foreign-invested enterprises equal market access. 

A detailed list of the changes made to the 2020 Negative list can be found below. 

China's Negative List 2020

A detailed list of the changes made to the 2020 FTZ Negative list can be found below.  

China Free Trade Zone Negative List 2020

Notable Changes to the 2020 MA Negative List

The Negative List for Market Access (“MA Negative List”) outlines industries that are either prohibited or restricted for all enterprises in China (foreign and domestic) including state-owned enterprises, private enterprises, joint-ventures, and non-resident enterprises. The 2020 MA Negative list includes 123 items, consisting of 118 restricted items and 5 prohibited items. 

Industries and business activities outlined as prohibited prevent enterprises from engaging in said industries or activities in any form. The 2020 MA Negative List provides 5 industries and business activities which are outlined as prohibited, as follows:

  • Industries and business activities clearly prohibited by laws, regulations, or decisions by the State Council;
  • Products, technologies, processes, equipment, and behaviors that are expressly prohibited and restricted by state industrial policies;
  • All development activities that do not meet the requirements of their main functional area outlined by the state;
  • Financial-related business activities in violation of the law; and,
  • Internet-related business activities in violation of the law.

Additionally, industries and business activities outlined as restricted require enterprises to seek special government approvals or licensing prior to investment. 

Changes made to the 2020 MA Negative list include 21 revisions, 1 addition, 3 removed, and 6 items merged concerning restricted industries and business activities. 

Notably, the large-scale transfer of land management rights has been added to the list of restricted business activities – and enterprises must seek government approval before engaging in the sale or transfer of large-scale land management rights.

Revisions to the 2020 MA Negative List were largely in the area of Manufacturing and Agriculture with both liberalization and tightening of regulations on enterprises engaged in specific activities. For example, in the area of manufacturing, the productions and security evaluation of commercial encryption applications has been removed while restrictions on forest and marine resources have been tightened. 

Foreign Investment in 2021

The expansion of items on the Encouraged Catalogue and simultaneous reduction of items on the Negative List provide foreign investors greater market access going forward. The updated lists come just before the highly anticipated 14th 5-year plan which is to be released in March of this year. Foreign investors planning a China market entry should take notice of the changes to advanced manufacturing and the high-quality development goals of China moving forward and carefully review the lists mentioned. 

Foreign investors are encouraged to seek the guidance of a market entry professional when planning their market entry strategy and fully consider their compliance requirements prior to carrying out their investment. 

The post China’s Encouraged Catalogue and Negative Lists for Foreign Investment 2020 appeared first on Integra Group.

]]>
https://www.integra-group.cn/china-encouraged-list-negative-list-2020/feed/ 0
China’s New Measures on the Security Review of Foreign Investment https://www.integra-group.cn/china-security-review-fdi/ https://www.integra-group.cn/china-security-review-fdi/#respond Tue, 12 Jan 2021 07:37:05 +0000 https://www.integra-group.cn/?p=6424 Foreign investment in sectors that affect or may affect national security are subject to new security review requirements.

The post China’s New Measures on the Security Review of Foreign Investment appeared first on Integra Group.

]]>
Since China’s new Foreign Investment Law (“FIL”) entered into effect on January 1, 2020, China has officially adopted a new administration system of pre-entry national treatment and negative list on foreign investment in the country. As part of the new foreign investment administration system and to integrate with international common practice, Article 35 of the new FIL and relevant regulations of the State Security Law of the PRC, a security review system was to be established to conduct security review over investment projects that affects or may affect national security. 

In light of the above, the China National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) jointly issued the new Measures for the Security Review of Foreign Investments (“MSRFI”) on December 19th, 2020, and will take effect as of January 18th, 2021, 30 days after its promulgation. The MSRFI includes 23 articles, stipulating foreign investments subject to national security review, including the scope of review, review authority, application materials, and review decision-making procedures.

1. Foreign Investment Subject to National Security Review (Article 2)

MSRFI provides that, the national security review will be conducted for foreign investments that affect or may affect national security. The term “foreign investment” that subjects to MSRFI, refers to the investment activities carried out by foreign investors directly or indirectly within the territory of China, including three forms of foreign investments as following:

(1)  Whether foreign investors invest, solely or jointly with other investors, in new projects or establishing enterprise in China;

(2)  Where foreign investors acquire equity or assets of domestic enterprises by way of merger and acquisition; or 

(3)   Where foreign investors carry out investments in China in any other form.

Whereas clauses 1 and 2 specify the common foreign investments in China concerning new establishment and M&A, Clause 3 will cover other forms of foreign investments and may include Variable Interest Enterprises (VIE) as well as other forms of control subject to further clarification of competent authority.

2. National Security Review Authority (Article 3)

An independent review office will be established for conducting the national security review routine work, which is named the office of the “Working Mechanism” by the MSFRI, led by the NDRC and MOFCOM, though setting up under the NDRC.

Considering different industries and fields invested by foreign investments, we understand more state departments will be involved during the review procedures and the office of the Working Mechanism may solicit relevant comments respecting specific industry or field for its decision-making, which are expected to issue cautious and rigorous comments in the initial implementation stage.

3.  Declaration Requirements (Article 4)

Foreign investments within the following scope will be subject to declaration requirements prior to the implementation of the investments by the foreign investors or relevant parties in China. 

(1) Type 1 declaration industries

Investments in military industry, military-industrial supporting and other fields relating to the security of national defense, and investments in areas surrounding military facilities and military industry facilities will be subject to mandatory declaration without further requirements.

(2) Type 2 declaration industries

Investments in important agricultural products, important energy and resources, important equipment manufacturing, important infrastructure, important transport services, important cultural products and services, important financial services, key technologies, and other important fields relating to national security, only when obtaining control of the invested enterprises will be subject to declaration requirement. 

An important term stipulated in the type 2 industries is “obtaining the control stake”, which is referred to within the MSFRI to be:

a. Where the foreign investor holds more than 50% of the equity of an enterprise;

b. Where the foreign investor holds less than 50% of the equity of an enterprise, but the voting rights held by it can have a significant impact on the resolutions of the board of directors, the board of shareholders, or the general meeting of shareholders; and

c. Other circumstances where the foreign investor may have a significant impact on the enterprise’s business decision-making, human resources, finance, technology, etc.

However, the term such as “significant impact” still requires further explanation for implementation purposes.

Additionally, Articles 10, 12, and 15 of the Measures on Reporting of Foreign Investment Information require to report the actual controller of the foreign investor. Further, pursuant to Article 216 of the Company Law of the PRC, actual controller refers to a party that exercises actual control over a company as an investor or through other agreements or arrangements even though it is not a shareholder of the company. 

Hence, when analyzing the factors considered for determining the “significant impact”, the identification of the actual controller of foreign investors as well as its agent would be an important factor.

Furthermore, MSFRI directly lists the important industries subject to declaration without specific subdivided industry lists attached. Foreign investors are thereby suggested to evaluate relevant industry together with the current Negative Lists issued by China or communicate directly with the office of the Working Mechanism as stipulated by Article 5.

Notably, relevant state organs, enterprises, social groups, or the general public may propose suggestions on security review to the office of the working mechanism (Article 15), or the office itself shall order relevant parties to make the declaration (Article 16), which will expand the scope of supervision and ensure the implementation of the new national security review.

To avoid unreasonable review of unnecessary applications, as well as from the perspective of transparency and predictability for foreign investments, we expect further interpretation of relevant terms and industries during the process of implementation.

4. Application Materials (Article 6)

The office of the working mechanism, or the relevant departments of the people’s governments of province, autonomous regions, or centrally administered municipalities entrusted by the office, will collect the application materials including 1) the declaration letter; 2) the investment plan; 3) the statement on whether the foreign investment will have an impact on national security; and 4) other materials stipulated by the office of the working mechanism.

The declaration letter is required to state the name, address, business scope of the foreign investor, basic information of investment, and other matters stipulated by the office of the working mechanism.

5. Review Procedures (Article 7 & 8)

MSFRI stipulates different timelines for different stages of the security review procedures, for better understanding, the general review procedures and timelines are listed as follows:

Notwithstanding the above general procedures, in case the investment plan is revised, the review period will be re-counted from the date of receipt of the revised investment plan, and the time for providing supplemental materials will not be calculated. 

Furthermore, the review period may be extended under special circumstances and the parties may not carry out the investment during the review period according to the MSRFI. Therefore, the review period may be determined on a case by case basis.

Taking into account that the MSRFI will soon enter into effect, enterprises with investment plans which fall within the purview of the National Security Review are advised to seek counsel. 

About the Author
Catherine Liu is a Partner at Grandall Law Firm in Beijing focused on Foreign Direct Investment in China, Corporate Advisory, Mergers and Acquisitions, and International Arbitration. Grandall is one of the largest trans-regional partnership law firm in China with 33 offices globally.

The information contained within this article should not be construed as a legal opinion on any matter. The author is not responsible for the results of any actions taken on the basis of the information contained within this article.

The post China’s New Measures on the Security Review of Foreign Investment appeared first on Integra Group.

]]>
https://www.integra-group.cn/china-security-review-fdi/feed/ 0