The People's Government of Heilongjiang Province issued Notice on the Measures of Heilongjiang Province to Encourage Foreign Investment (Trial)

Municipal (prefecture) and county (city) people's governments (administration offices), and relevant units directly under the provincial government:

The Measures of Heilongjiang Province to Encourage Foreign Investment (Trial) are hereby printed and distributed to you, please earnestly implement them.

People's Government of Heilongjiang Province

September 16, 2021

(This is publicly released)

 （轉(zhuǎn)自依安縣人民政府網(wǎng)）

Measures of Heilongjiang Province on Encouraging Foreign Investment (Trial)

These Measures are formulated in order to further expand the scale of utilizing foreign capital, improve the level of utilizing foreign capital, highlight the recruitment of large and strong, highlight the high-end and advanced, highlight the complementarity of chain and chain, promote the implementation of high-tech, high-growth and high-value-added enterprises, realize the cluster and chain development, and increase the support and reward for foreign-invested enterprises in our province.

First, reward object

It is a foreign-invested enterprise that has completed enterprise registration and tax registration in Heilongjiang Province, conforms to the industrial policy guidance, has the status of independent legal person, implements independent accounting and operates in accordance with the law.

Second, reward standards

(1) Reward of funds in place.

To set up in our province the actually realized the value of $10 million (including) above project and capital project (excluding homes real estate, finance and finance projects), according to the actually realized the value of 2% of the (equivalent calculation, similarly hereinafter), reward, the highest reward amount is 50 million yuan RMB.

(2) High-level project awards.

1. To the world top 500 enterprises and the global industry leading enterprises in our province New Year of the actual amount more than $50 million in foreign advanced manufacturing and modern service industry projects (not including the real estate industry, the financial sector and financial sector project), according to the actual completed 1% of the fixed assets investment gives a one-time award, the highest reward amount is 30 million yuan RMB.

2. A one-time reward of 1% of the actual completed fixed assets investment will be given to the projects of multinational corporations that set up new headquarters or regional headquarters in our province and the actual amount of foreign investment in place in that year is more than US $30 million after verification, with the maximum amount of RMB 30 million.

3. For the establishment of functional institutions such as R&D center, purchasing center, financial management center and settlement center in our province, the establishment subsidy of RMB 1 million will be given after verification and confirmation that the actual amount of foreign capital in place in that year exceeds US $2 million.

(3) Reward for special contributions.

For agricultural and sideline products deep processing, a new generation of information technology, intelligent equipment, biological medicine, new energy, new materials for the industrial transformation and upgrading of manufacturing project has a significant leading role, health tourism, logistics, new economic contribution to local economic and social development of modern service industry project, in accordance with the "one project one discussion" to reward.

(4) The above (2) may be concurrently with (1), and (3) shall not be concurrently with (1) and (2). The above (1) (2) (3) may concurrently receive other awards arranged by the municipal (local) government (administration office). The projects of advanced manufacturing industry and modern service industry should be in line with the scope of encouraging foreign investment in the year when the project is established. The projects with significant contribution to local economic development are not subject to this restriction. Projects in industries with high energy consumption, high pollution and resource consumption will not be included in the awards.

Three, the declaration conditions

(1) Foreign-capital projects refer to all foreign-invested projects registered and established in Heilongjiang Province. Capital increase projects refer to foreign investment projects with newly registered capital after January 1, 2021. The establishment time and capital increase time shall be subject to the registration time of the market supervision and administration department.

(2) The new projects and capital increase projects of the joint venture shall be based on the investment amount of the foreign shareholder, and the investment amount of the Chinese shareholder shall not be included in the scope of reward.

(3) Actual amount of foreign capital in place in a year refers to the amount of foreign capital in cash of an enterprise within a fiscal year (from January 1 to December 31) and has been included in the statistics of actual use of foreign capital published by the Ministry of Commerce, excluding investment by an investment company, shareholder loans, physical goods, intangible assets, equity and capital contribution of land use right.

(4) Different projects invested by the same investment subject in our province can be regarded as one project, and the annual actual utilization of foreign capital is calculated by the sum of the actual utilization of foreign capital of different projects of the investment subject in that year, and the investment subject chooses one of the registered investment enterprises in our province as the reward declaration enterprise.

(5) The business conduct of the foreign-capital enterprise applying for awards must be lawful and in compliance with the law, and it must have no bad record in product safety, enterprise integrity, tax payment, environmental protection, financial supervision and other aspects.

(6) The accreditation standards for the headquarters or regional headquarters of transnational corporations shall be separately announced after relevant regulations are issued by relevant departments.

(7) The Global 500 enterprises shall be listed on the Fortune Global 500 list in the past five years. The top 500 enterprises can be listed on the nominal investment of the parent company or its holding subsidiary, and the parent company or its holding subsidiary of the top 500 enterprises shall account for no less than 30% of the shares in the foreign-invested enterprises.

(8) The leading enterprise in the global industry is determined according to the ranking list of Forbes 2000 Global Listed Companies in the previous year, and holds 30% or more of the equity of the applied enterprise.

Iv. Application materials

(1) Project Declaration Form (attached). The exchange rate is calculated according to the central parity rate of RMB published by the State Administration of Foreign Exchange on the last working day of the year.

(2) The letter of commitment signed by the legal representative of the applicant enterprise (appended).

(3) A copy of the approval certificate of foreign-invested enterprise (or a copy of the record receipt of the establishment and change of the foreign-invested enterprise, a copy of the information report) and the business license of the applicant.

(4) To report the main business description of the enterprise and the financial statements of the previous year (balance sheet, profit statement and cash flow statement).

(5) The FDI (foreign direct investment) entry registration form of the foreign exchange administration or the capital verification report of the declaring enterprise issued by a domestic accounting firm with legal qualifications.

(6) the world top 500 enterprises, or the global industry leading enterprises, mainly including the world top 500 enterprises or affiliated to the global industry leading enterprises in both Chinese and English name, year, ranking, if the top 500 enterprises investment in the name of the subsidiary company or global industry leading enterprises, but also should be attached to the equity structure and proves shareholding relationship related enterprise registration materials.

(7) A copy of the registration documents of the transnational corporation and a copy of the audit report of the previous year (if the documents are in a foreign language, they shall be translated into Chinese and affixed with the official seal of the translation company or the applicant). The internal documents of the multinational corporation agreeing to establish the headquarters or regional headquarters, functional organization and the corresponding management functions in Heilongjiang Province (the documents in foreign languages shall be translated into Chinese and affixed with the official seal of the translation company or the applicant).

(8) For the project applying for the "one project, one discussion" method, in addition to the above materials, it is required to submit the application form, put forward the specific application items, and attach the operation situation of the enterprise (fixed asset input, tax revenue, employment number, etc.), prospects, share in the industry, and status in the industry; And enterprises in the field of high-tech manufacturing science and technology achievements, invention patents, contributions to the province's industry and other materials.

(9) Other materials that the applicant considers helpful for the evaluation institution to understand the situation, or other materials that the evaluation institution considers necessary for the enterprise to provide.

V. Declaration time

The application period for award funds is from January 1 to March 1 each year.

6. Audit procedures

(1) Fund reward procedures.

1. The applicant shall submit the application materials (in triplicate) to the municipal (local) commercial (investment promotion) department before the end of February each year.

2. The municipal (local) administrative department of commerce (investment attraction) shall conduct preliminary examination of the application materials together with the local market supervision, foreign exchange administration and finance departments, verify the status and authenticity of the project capital, and fill in the Summary Application Form for Foreign Investment Incentive Funds (attached). Together with the basic materials submitted by the enterprise, it shall be submitted to the provincial Department of Commerce before the end of March.

3. The Provincial Department of Commerce and the provincial Department of Finance shall employ a third party agency to review the legality, compliance, authenticity and data integrity of the project, and the third party agency shall issue audit opinions.

4. The Provincial Department of Commerce and the Provincial Department of Finance shall conduct the final examination according to the preliminary examination of the municipal (local) commercial (investment) departments and the review opinions of the third party institutions, determine the list of award projects, and publish the list on the relevant portal websites (the publicity period shall be no less than 5 working days). The project with objection to the public announcement shall be investigated and verified by the provincial Department of Commerce in conjunction with relevant departments. After verification, those who meet the conditions shall be rewarded. Those who do not meet the conditions shall be disqualified and not rewarded.

5. After there is no objection, the reward fund shall be allocated according to regulations.

(2) Guarantee mechanism. Enterprises shall submit application materials according to the prescribed time and requirements, and commercial and financial departments at all levels shall do a good job of policy implementation in combination with their own functions. The award funds shall be cashed once a year. In principle, the project awards in line with the provisions of these Measures in the previous year shall be reviewed and cashed in this year.

7. Fund allocation

The provincial Department of Commerce shall, on the basis of the results of examination and publicity, report to the provincial government with the provincial Department of Finance and then allocate the funds. The incentive funds shall be settled through the investment attraction incentive funds of Heilongjiang Province.

8. Supervision and management

(1) Enterprises that have enjoyed the incentive policies stipulated in these Measures shall promise not to move out of Heilongjiang Province or reduce their registered capital within five years. The ENTERPRISES THAT DEFRAUD THE FINANCIAL REWARD FUNDS BY IMPROPER MEANS SHALL, ONCE VERIFIED, RETURN THE REWARD FUNDS WITHIN a time LIMIT AND ENTER THEM INTO THE CREDIT INFORMATION ARCHIVES OF THE ENTERPRISES. Those suspected of committing crimes shall be transferred to judicial organs for handling according to law.

(II) The provincial Department of Commerce shall lead the project tracking service and urge the local government to actively solve the problems in the project construction.

(3) Within one quarter of each year, the recipient enterprise shall report the project construction and operation of the previous year to the provincial Department of Commerce.

9. Performance management

The provincial Department of Commerce shall reasonably set the annual performance targets and refine the performance indicators of the incentive funds in accordance with the Measures for the Responsibility Assessment and Incentive of Investment Attraction Targets of Heilongjiang Province, which shall be submitted to the provincial Department of Finance for examination and approval, and then decomposed and distributed simultaneously with the incentive funds. During the implementation of the budget, supervise the performance of the budget and supervise the rectification of problems found in time. Performance evaluation should be carried out in a timely manner, and the results of performance evaluation should serve as an important basis for future annual budget arrangements and policy formulation.

X. Term of implementation

These Measures shall come into effect on the date of promulgation, and the implementation period is tentatively set to the end of 2022. After the expiration of this period, whether to make policy adjustments and extend the period shall be evaluated according to laws, regulations and other provisions and the needs of economic development situation.

20XX Heilongjiang Province foreign investment project award funds

Heilongjiang Province Foreign investment Award Declaration letter of commitment

According to the Measures of Heilongjiang Province to Encourage Foreign Investment (Trial), our company

Name of the enterprise to declare the award category, the award amount is RMB 10,000, and now submit the declaration materials and promise:

1. You have been aware of the contents of the declaration provisions.

2. The application materials submitted are complete, true, accurate, legal and valid.

Iii. The contents of the declaration are the true wishes of all investors and the highest authority of the company.

Iv. After receiving the incentive funds, our company will conduct accounting treatment in accordance with relevant laws and regulations of the People's Republic of China, and voluntarily accept the supervision and inspection of finance, commerce, audit and other departments.

V. After obtaining the incentive funds, our company and its shareholders promise not to reduce or divest capital in any form within five years. In case of capital reduction, divestment, equity transfer and other circumstances occurring within five years, the company shall take the initiative to return the financial incentive funds if the conditions for obtaining financial incentive funds are no longer met.

Our company is willing to bear all the consequences caused by the breach of the promise.

Name of the promisor:

Signature and seal of the promisor and its legal representative:

(date)  (month)  (year)

Summary Table of application for foreign investment incentive funds of XX city (city) in 20XX

Filling unit: XX Municipal (local) commerce (investment promotion) competentdepartment XX Municipal (local) Finance Bureau