Preferential policies for encouraging foreign investment in Ordos City

Article 1: These regulations are formulated to accelerate the development of an export-oriented economy and attract foreign investment in China.

Article 2: These regulations apply to Sino-foreign joint ventures, Sino-foreign cooperative ventures, foreign-invested enterprises and other public welfare undertakings established by foreign companies, enterprises and other economic organizations or individuals within the territory of Ordos municipality.

Article 3: Foreign-invested enterprises shall be exempt from business income tax for the first two years of profitable operation. For the third, fourth and fifth years, the enterprise income tax shall be halved. From the sixth years to the tenth year, the income tax shall be paid in accordance with the income tax rate stipulated by the state, but, if that rate exceeds 22 percent, the local financial department shall refund tax paid in excess of that rate.

Article 4: Encourage foreign-invested enterprises with large investment.

(1)An industry encouraged by the state's industrial policies, with foreign investment of over $3 million and operating for more than ten years, and approved by the financial and tax authorities, may enjoy the relevant open-city tax treatment.

(2)Foreign-invested enterprises with investment of $5 million, operating for more than ten years, as well as foreign-invested enterprises engaged in service industries, shall be entitled to refund by the local financial department of 50 percent of business income tax paid from and including the first profit-making year.

Article 5: Foreign-invested enterprises that reinvest realized profits (including tax relief or refunds) into export commodities and expand export sources shall be exempted from business income tax related to the commodities exported and sold, and the Value-Added Tax (VAT) shall be subject to a zero tax rate. Those products designated as taxable consumer goods shall be exempted from consumption tax. After the expiration of the foreign-invested enterprise business income tax exemption, income tax shall be halved for such enterprises with a value of export output exceeding 70 percent of the such enterprises’ gross domestic sales.

Article 6: After the expiration of duty-free status and tax breaks, enterprises engaged in agriculture, animal husbandry and development and management of forests shall, for each of the subsequent ten years, be subject to a reduction of 30 percent of business income tax after approval by the financial and tax authorities.

Article 7: Foreign-invested enterprises shall be exempt from local income tax.

Article 8: Foreign-invested enterprises not engaged in transportation shall be exempt from license fees for the use of vehicles and vessels.

Article 9: Foreign enterprises that invest in energy or transportation projects (coal, power, rail, roads) can enjoy the following benefits:

(1)they may cooperate in the projects in a BOT (build, operate and transfer) mode.

(2)approved highway projects shall expand the land development and service management related to the projects within specified surrounding areas.

Article 10: Foreign investors shall be allowed to obtain all or part of the property rights of State-owned enterprises in the form of capital contribution, purchase, equity participation, holding controlling interest to undertake debts, etc. (so-called Grafting and Reforming).

(1)Financing for Grafting and Reforming projects shall be given priority.

(2)The raw materials organized by a Grafting and Reforming enterprise, shall be included in the material allocation plan.

Article 11: Implement preferential policies for land use.

(1)Foreign-invested enterprises shall be exempted from land use fees in the approved construction period.

(2) Investors who use the enterprise's existing site to run the enterprise for more than ten years shall be exempted from the land use fee for the first5 years from the commencement of the first year of operations.

(3) From the opening year, export-oriented enterprises, technologically advanced enterprises, and foreign-invested enterprises in energy and transportation infrastructure, resource development and raw material production that operate for more than 15 years, and have an  investment of $50-100 million, shall be exempted from land use fees for five years; those with investment of $101-300 million, exempted from land use fees for seven years; and those with more than $300 million exempted from land use fees for 15 years.

Article 12: Short term working capital and other necessary credit financing needed by foreign-invested enterprises for the production and circulation of commodities shall be given priority by banks upon examination and approval. Foreign-invested enterprises may apply for Renminbi (RMB) loans using foreign currency and fixed or other assets as security as stipulated by the State to the banks.

Article 13: The supply of water, electricity, gas and communication facilities needed by foreign-invested enterprises and their public welfare undertakings shall be given priority.

Article 14: For export-oriented enterprises, technologically advanced enterprises, foreign-invested enterprises in energy and transportation infrastructure, resource development and raw material production, the urban infrastructure supporting fees shall be reduced by half.

Article 15: Foreign-invested enterprises that submit plans for product transportation will be given priority by the Transport Department.

Article 16: Foreign workers and their families working in foreign-invested enterprises in the city shall be subject to the same fees as domestic workers.

Article 17: Letters of declaration for approval and settlement from foreign-invested enterprises shall be replied to within half a month. Business licenses for foreign-invested enterprises that have submitted completed documents shall be issued within ten days.

Article 18: If the relevant regulations of the past are not consistent with the above regulations, the latter shall apply.

Article 19: These regulations shall be implemented as of the date of promulgation.

Article 20: These regulations shall be interpreted by the Ordos Opening-up Office and the Ordos Economic and Technical Cooperation Office.

(This English version is only for reference. To learn more, please refer to the authoritative Chinese version.)