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Frequently Asked Questions
Wholly Foreign Owned Enterprises (WFOE)
A Wholly Foreign Owned Enterprise (WFOE) is a Limited Liability Company established in China by foreign investor(s). A WFOE is very much like a LLC in the USA that it requires one member only.
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The registration procedures of a Wholly Foreign Owned Enterprise (WFOE) could be divided into 3 phases: aproval phase, registration phase and post-establishment phase.
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A Wholly Foreign Owned Enterprise (WFOE) could be terminated by way of liquidation or deregistration by its investor(s) or when the conditions of termination in its Articles of Association occurs.
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China Taxation
Under the current tax system in China, there are 25 types of taxes which could be divided into 8 categories. The major ones are Business Tax, Value Added Tax and Enterprise Income Tax. More
Representative Offices are also liable for Business Tax and Enterprise Income Tax. However, a RO could be exempted if its parent company is in the manufacturing business.
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Any individual who has domicile in China or who has no domicile in China but has resided in China for one year or more shall pay Individual Income Tax on his world-wide income.
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FREQUENTLY ASKED QUESTIONS
CHINA FOREIGN INVESTED COMPANY

Investment Policies & Relevant Regulations

Q1: Where is Pudong New Area?
Q2: What sort of tax preferential policies can foreign investors enjoy in pudong New Area?
Q3: How do you apply for the establishment of duty-free warehouses and duty free processing factories?
Q4: What are the standard fees for electricity, gas and water in Pudong New Area?
Q5: How can the land-using right be granted in development zones, industrial zones and export processing zones?
Q6: Can foreign invested enterprises in Pudong New Area be exempt from Customs duty in importing manufacturing equipment for self use?
Q7: Are there any differences with regard to foreign investment policies between Pudong New Area and Minhang, Caohejing, Hongqiao Development Zones and Forward High-tech Park in Puxi Area?
Q8: How many industrial zones are there in Shanghai?
Q9: What are the differences between investing in Songjiang Export Processing Zone and in Waigaoqiao Free Trade Zone?

Q1:Where is Pudong New Area?

Triangular in shape and adjacent to the city center, Pudong New Area lies in the east of Shanghai, I.e. to the east of the Huangpu River and to the southwest of the mouth of the Yangtze. It is planned to develop an area of 522 sq. kilometers., most of which is within a 15 km radius from the city's downtown area.

Q2:What sort of tax preferential policies can foreign investors enjoy in pudong New Area?

(1) The income tax of foreign-invested manufacturing enterprises shall be levied at a reduced rated of 15%.

(2) Foreign-invested enterprises scheduled to operate for a period over 10 years shall be exempted from income tax in the first two years starting from the profit-making year and be granted a 50% reduction in the next three years.

(3) "High-tech Projects" invested by foreign investors in Pudong New Area can enjoy 10% income tax rate for another three years after the period of tax exemption and tax reduction. Export enterprises with foreign investment shall pay their income tax at a reduced rate of 10% when their annual export sales value amounts to more than 70% of the annual sales value.

(4) The income tax of foreign-invested enterprises in the field of ports, energy and transportation shall be levied at a reduced rate of 15%. If the operation period of the above-mentioned enterprises is over 15 years, the income tax shall be exempted for the first 5 years starting from the first profit-making year and allowed a 50% reduction in income tax for the next 5 years.

(5) The buildings or houses built or purchased by foreign investors for their own use shall be exempted from house property tax for five years, starting from the date when the transaction is done.

(6) The foreign-invested banks and JV banks with its injected capital over USD10 million or its operating fund allocated by its headquarters over USD10 million, after approval, can enjoy a reduced income tax rate at 15%. And starting from the first profit-making year, the above-mentioned enterprises can enjoy income tax exemption for one year and 50% income tax reduction for another two years.

Q3: How do you apply for the establishment of duty-free warehouses and duty free processing factories?

To apply for the establishment of a duty free warehouse, you will have to submit your application and business license issued by the Industrial and Commercial Administration Office together with relevant documents issued by the competent department of the Foreign Economic and Trade Commission to the Customs House. Once examined, spot-investigated and approved, the Customs House will promulgate a Duty-Free Warehouse Registration Certificate. Only then can you start the business.

To set up a duty free processing factory, you shall entrust either an authoritative department ratified by the government dealing with import and export businesses or an enterprise engaged in the business of processing registered and ratified by the Industrial and Commercial Administration Department to submit your application and relevant documents to the local Customs House. Once the examination result by the Customs House is in accordance with the related laws and regulations, once you have a special factory or workshop and a special warehouse or ground, once you have facilities for supervision and inspection of the customs, once you ensure that you will abide by the Customs law of P.R.C. and all regulations concerning duty-free factories drawn by the Customs and once you promise to shoulder the responsibilities which you are supposed to fulfil, the Customs House will approve and issue the Duty-Free Registration Certificate.

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Q4: What are the standard fees for electricity, gas and water in Pudong New Area?
A: Charges for Water Supply
B: Charges for water supply: RMB0.90/cubic meter for non-resident users, industrial users and hotels supplied by the water company, at the same time drainage fee is charged.

C:The charge for over-rated consumption shall be levied on users ten times of its basic price.

D:Charges for engineering:
1. Installation charges: from the water pipe networks of municipal roads or neighborhoods to the user's water-meter;
2. Pipe arrangement fee: water pipes involving municipal roads or neighborhoods must be implemented according to planning.
The above-mentioned water pipes, equipment and the property right belong to the water supply department.

E:The user should pay maintenance fee for fire protection water systems installed in user's place.

F: Charges for water disposal: RMB 0.34/cubic metre
1. Anybody that discharges waste water into the city drainage or sewage shall pay the water discharge system using fee to the water company entrusted by Shanghai City Drainage Co.; the fee for groundwater and self-provided water discharge will be levied by drainage company.
2. The volume of sewage is computed as 90% of the water usage. For enterprises that primarily rely on water or are engaged in production in which much vaporization occurs, the volume of sewage is computed by deducting the water content of the products and the degree of vaporization from the total volume of water usage. The disposal of waste shall be supervised by the Shanghai Municipal Public Works Department.

G:Standard of Charges for an Increase in Water Supply
(unit: RMB yuan)
Nature of User Maximum daily use Price
Hotel, High-class Restaurant cubic metre 1300
Plants, Enterprises, Business Cubic metre 825
Organization, Non-profit Organization cubil metre 450

H: The Standard Charges at Peak and Valley Point
Unit: yuan/kvh
Watt-hour peak Point use Time Line of Business 0.4kv 10kv 35kv >110kv
08:00-11:00 Industry 0.871 0.865 0.859 0.853 18:00-21:00 Hotel 1.021 1.015 1.009
Commerce 0.901 0.895 0.889
Fee Normal 06:00-800 Industry 0.568 0.562 0.556 0.550
Point 11:00-19:00 Hotel 0.676 0.670 0.664
21:00-22:00 Commerce 0.644 0.638 0.632
Valley 22:00-next day Industry 0.295 0.289 0.283 0.277
Point 0.6:00 Hotel 0.346 0.340 0.334
Commerce 0.306 0.300 0.294 Basic
Electricity According to Maximum quantity 18.00 18.00 18.00 18.00
Fee required (KVA/month
Charges for Coal Gas and Liquefied Petroleum Gas
1. The supply pressure of piped gas for ordinary places is 1200PA or over,
and the calorific value is 14.63-15.88 megajoule per cubic metre.
2. Users shall bear all the costs for installation from the existing gas pipe networks, but the property right belongs to the Gas Company.
3. The charge for over-rated gas consumption levied on users shall be RMB 0.6/cubic meter.

I: Standard of Charges for Coal Gas and Liquefied Petroleum Gas
Unit: Yuan (RMB)
Nature of User Unit of Measurement Price
Organization cubic metre 1.30
Business, Non-profit Apr-Nar.1.20
Organization, Industry cubic metre Del-Mar.150
? Standard of charges for an increase in gas supply
Nature of user Unit of measurement for maximum daily use Price
Hothe, High-class restaurant cubic metre 800
Plants, Enterprises, Business cubic meter 450
Organization, Non-profit
Organization cubic metre 300
Item basic Monthly Rental Telephone Fee in
Operation Area
Household 24 RMB yuan 0.16 RMB yuan every
Three minutes
Institution 37 RMB yuan 0.22 RMB yuan every
Three minutes
Relay Line 111 RMB yuan 0.22 RMB yuan every
Three minutes

Q5: How can the land-using right be granted in development zones, industrial zones and export processing zones?

The state-owned land within development 20nes and industrial 20nes may be obtained subject to payment of consideration. Land users obtain land-using right through public bidding, and negotiation and then pay fees for the granting of land-using right. The land-using right obtained may also be transferred, leased, pawned, inherited according to the law or be used for other economic activities permitted by the law.

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Q6: Can foreign invested enterprises in Pudong New Area be exempt from Customs duty in importing manufacturing equipment for self use?

Whether in Pudong New Area or Puxi Area, projects, which are verified by examination and approval authority and are listed in the Encouraged Industries, can enjoy the duty-free policy for their imported self-use equipment.

Q7: Are there any differences with regard to foreign investment policies between Pudong New Area and Minhang, Caohejing, Hongqiao Development Zones and Forward High-tech Park in Puxi Area?

Except for very few policies of Waigao Free Trade Zone in Pudong New Area, policies of all these zones are basically the same.

Q8: How many industrial zones are there in Shangi?

The following are the state level development zones: Pudong new area (including Lujiazui Finance & Trade Zone, Jinqiao Export Processing Zone, zhangjiang High-Tech Park, Waigaoqiao

Free Trade Zone, Sunqiao Modern Agriculture Development Zone), Hongqiao Economic and Technological Development zone, Caohejing High-tech Park, Minhang Economic and Technological Development Zone, Songjiang Export Processing Zone, Forward Hi-Tech Park.

Apart from above mentioned, the following are the municipal level development zones qpproved by Shanghai Municipal Government: Songjiang Industrial Zone, Jiading Industrial Zone, Qingpu Industrial Zone, Xinzhuang Industrial Zone, Shanghai all-around Industrial Development

Zone of Fengxian, Shanghai Chemical Industry Zone, Kangqiao Industrial Zone, Pudong Xinhuo Development Zone, Baoshan Industrial Zone, Jinshanzui Industrial Zone, Chongming Industrial Zone.

Q9:What are the differences between investing in Songjiang Export Processing Zone and in Waigaoqiao Free Trade Zone?

Export Processing Zone Free Trade Zone

Business Scope
1. Only the processing trade of self-produced goods is permitted.
2. Over 70% of the Products should be sold to other countries.
1. Enterprises can be engaged in international trade, domestic trade and manufacturing and processing.
2. All products can be sold out domestically.

Taxation
1. The entrance of spare parts and raw materials from enterprises outside the zone to the zone is regarded as export and VAT can be refunded.
2. Customs duty will be levied according to ready-made products sold domestically and manufactured by enterprises in the zone with spare parts and raw materials from abroad.
1. VAT on spare parts and raw materials entering the zone from enterprises outside will not be refunded.
2. Customs duty will be levied according to the standard of spare parts and raw materials from abroad on those ready-made products sold domestically and manufactured by enterprises in the zone with spare parts and raw materials from abroad.

Customs Inspection
1. Cancellation of verification is carried out every half year or whole year.
1. Cancellation of verification is carried out upon each contract. B. Guidance and Examination & Approval of Foreign Invested Enterprises

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