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The
Shanghai Municipal Government:
Ever since the State Council issued Regulations on
Encouraging the Investment from Taiwan Compatriots and Notice on the Issues
Concerning the Implementation of the Regulations on Encouraging the Investment
from Taiwan Compatriots, the work of attracting Taiwan investment in Shanghai
has undergone a new round of development under the joint efforts of all the
relevant departments. Till the end of this September, altogether 103 Taiwan
enterprises have already obtained the Approval Certificates issued by the
Municipal Government and gained the approval of the relevant districts,
counties, and bureaus on starting new projects. The contracted fund have reached
over $226million,and that from Taiwan investment is over$100million.Among that
55 projects have a total investment of over $1million, 94% enterprises
are export processing oriented; 25 enterprises have completed construction and
gone into operation and 16 enterprises have started export trade. From January
to October this year, the number of Taiwan compatriots that travel, visit
relatives or conduct business in Shanghai has reached 140000, more than that of
the last whole year. Earlier the Taiwan manufacturers that come to Shanghai to
acquaint themselves with the investment environment were mainly owners of small
or medium-sized enterprises and were on separate travel, now they are organized
by the Craft Union according to the location and the business scope of their
enterprises and then come in groups to have communication with their Shanghai
counterparts in the same business circle. The investment range has also expanded
from light industry and textile to electronics and raw materials; the investment
forms have developed from joint ventures to ventures exclusively with Taiwan
manufacturers’ investment. Currently owners of some large enterprises have made
investment, set up enterprises and entered the negotiation of cooperative
projects in Shanghai. The main problems in the work of attracting Taiwan
investment are as follows: many departments haven’t fully realized the
significance of the work, and thus can’t carry out it in a balanced way. The
weak points that need to be remedied and improved exist
in the sectors including reception, consultation service, investment guidance
and management of the already existing Taiwan-invested enterprises. The
following opinions are given for further conducting the work of attracting
Taiwan investment:
1.
We should fully realize the
significance of the work of attracting investment from Taiwan and include it on
the agenda.
The work of actively expanding the economic and
technological cooperation between the mainland and the Taiwan area and
attracting Taiwan compatriots to make investment in the mainland will play a
significant role in strengthening the contacts between the Chinese people across
the Taiwan Strait, in enhancing the warm feelings of Taiwan compatriots towards
the mainland, in cracking down on the tendency of separation inside the Taiwan
Island, in promoting the mutual prosperity of both the mainland and Taiwan
economy and in pushing forward the Peaceful reunification of China. Although
Taiwan authority still stick to the Three No's policy of “ no contact, no
negotiations and no compromises”, an increasing number of Taiwan manufacturers
who have already invested in the Southeast Asia or the Middle and South America
come to the mainland to explore the investment market due to the erosion of the
investment environment, the lack of labor and the growth of cost inside the
Taiwan Island. By comparison many of them think that the
mainland is geographically close to Taiwan and is possessed with the unique
investment conditions in language, customs, and the tie of blood, and that
shanghai is unmatched in its comprehensive advantages in industry, technology
and labor quality. Therefore, great potential exists in expanding
economic and trade relations between Shanghai and Taiwan. According to the
estimation of Taiwan manufacturers, the next one to two years will be the prime
period to expanding outside-investment. All the relevant departments should,
under the guidance of the spirit of the 5th full session of the 13th Party
Congress, seize this favorable opportunity, intensify the direction on the work
of attracting Taiwan investment, continue to accumulate experience, and timely
tackle the problem involved so as to better serve the drive of promoting the
peaceful unification of China, of pacing up the rise of Shanghai and of
enhancing the development of the export-oriented economy.
2. We should strengthen
the centralized management and manage work division and cooperation.
The work of attracting Taiwan investment is
policy-concerned and wide-ranging, all the relevant departments must earnestly
implement the principles and policies made by the Central Party Committee and
the State Council on the Taiwan issues, strengthen cooperation, and make joint
efforts to conduct the work in accordance with their share of duties. The
Municipal Planning Committee, the Municipal Foreign Investment Committee, the
Municipal Foreign Economic Relations and Trade Committee and the Municipal
Office on Taiwan Issues should respectively designate a department with
department director to take charge of this work. All these designated
departments, with the Municipal Office on Taiwan Issues taking the lead, should
exchange information, elaborate on the current situation and work out
countermeasures. Also the cadres involved in this field should obtain the
related policy and work training on attracting Taiwan investment.
The Municipal Planning Committee
is responsible for directing the plan of attracting Taiwan Investment. The
investment of Taiwan manufacturers and the counterpart funding should be put in
to the plan of fixed assets investment and the plan of credit and loan
respectively.
The Municipal Foreign Investment Committee and the
Municipal Foreign Economic relations and Trade Committee are responsible for the
relevant management, examination and coordination on the projects of Taiwan
investment including negotiation, project starting, contract signing, contract
examining, contract honoring, and centralized management. The Municipal Office
on Taiwan Issues are responsible for supervising the implementation of the
principles and polices on Taiwan issues and the identification verifying of
Taiwan investors, for accumulating and analyzing the information on Taiwan
investment on a regular basis, for making research on the investment polices to
the mainland made by the Taiwan authority and on the credit of Taiwan investors,
for participating in the decision-making process of the investment on key
projects, and for making suggestions to be approved by the Municipal Party
Committee and the Municipal Government after discussing with the related
departments .
When report the Taiwan enterprises for approval,
all the relevant departments should present the report to the examination and
approval departments concerned, dispatch them to the related administrative
departments and also send the duplicates to the Municipal Office on Taiwan
Issues at the same time. All the departments are asked to inform the Municipal
Office on Taiwan Issues of the progress and the feedback of the reception work
of Taiwan manufacturers.
3. We should earnestly conduct the consultant
service and make efforts to improve the investment environment
For a long time, many Taiwan manufacturers hold misgivings
about investment in the mainland due to the anti-the-Communist-Party propaganda
by the Taiwan authority. Even those who have already made investment and set up
enterprises in the mainland still take a cautious move. Therefore, the
successful management of consultant service plays an important role in improving
the investment environment. It becomes increasingly urgent to assure Taiwan
manufacturers of investing in the mainland in a time when the Taiwan authority
go all out to spread rumors to degrade the images of the mainland since the
Beijing anti-revolutionary riot and regional turmoil happened.
We should work hard to dispel Taiwan
manufacturers’ scruples that we would change our policies frequently and would
not act in accordance with the contract. We reiterate that the Party’s Taiwan
Policy of “peaceful reunification and one country, two system” will remain
unchanged, the economic and trade policies towards Taiwan remain stable, and all
the polices to promote the exchange of visit and communication across the Taiwan
Strait will be the same as before. All the departments involved in the reception work should be
devoted, considerate, civilized and honest. They should, in accordance with the
relevant policies, provide convenience for Taiwan investors including
familiaring them with the investment environment, and helping them find suitable
partners so as to display our spiritual and moral advancement.
In order to help Taiwan investors out of the
partner-searching toil we have asked the Consultant Service Center for Taiwan
Investors at Yongfeng Trade Development Corpration (publicly called as Yongfeng
Service Center for Taiwan Investors) to be in charge of the consultant work
according to the different requirements of the Taiwan investors. The center
should work together with the related economic and trade departments at the
local districts, counties, and bureaus, the functional departments on Taiwan
issues, as well as the related societies including the Enterprise Management
Society to construct the information network, timely offer the information on
the investment intention of Taiwan investors so as to smoothly carry out the
investment-attracting work.
All the departments, such as personnel, labor,
financial, fiscal, taxing, industrial and commercial, energy, communication,
public securities, customs, commodity inspection, foreign transportation,
insurance, and judicial, should include the work of attracting Taiwan investment
in their work scope. They should ensure qualified service, uplift
efficiency, and adopt the equal-treatment policy so as to achieve more in
attracting Taiwan investors to Shanghai.
4. We should carefully conduct the
identification verifying work of Taiwan investors in accordance with the
provisions made by the State Council.
Notice of The State Council on the Issues
Concerning the Implementation of the Regulations on Encouraging the Investment
of Taiwan Compatriots points out that the Taiwan investors include companies or
enterprises set up by Taiwan compatriots inside Taiwan or abroad, joint ventures
set up by Taiwan compatriots or Foreign manufacturers inside Taiwan or abroad,
and the Taiwan compatriots who live in Taiwan or abroad and invest in their own
names.
A Taiwan investor who
makes investment in the mainland in the name of a company or enterprise should
present one of the following certificates:
1.
A duplicate of his business
license;
2.
The certificate issued by a
Chinese embassy or consulate abroad;
3.
The related certificate
issued by a foreign government;
4.
The certificate issued by a
notary organ;
A Taiwan compatriot who invest in the
mainland in his own name should present one of the following certificates:
1.
The registered residence
card
2.
The identification card or
other document that is the proof of his identification
In order to break the restriction of the Taiwan
authority, currently many Taiwan manufacturers set up enterprises in a third
area and then invest in Shanghai with their identification in that
area. Therefore, to prevent any fraudulent conduct, the
departments responsible for attracting Taiwan investment should carefully
conduct the testing work by keeping a close eye to the issuing time of Taiwan
investors’ certificates and the performance of their enterprises based in Taiwan
or abroad. Meanwhile, they should ask Taiwan investors to present their
statements of assets and liabilities for the past two years. The Municipal
Office on Taiwan Issues should offer help in this regard. All these related
departments should, when reporting projects to be approved by the higher
authorities, present the materials proof of the companies or enterprises and
personal identifications given by Taiwan investors.
5. We should direct the investment orientation
appropriately by selecting favorable investors and avoiding blind
act.
The departments responsible for the
investment-attracting work should act in line with the state industrial policies
and the related rules on investment orientation. The behavior of drawing all the
investment without serious consideration and blindly pursuing the quantity
should be avoided. These departments should incorporate the work with economic
restructuring, old-enterprises transforming, and export development so as to
maintain a self-balancing foreign currency reserve. Priority should be given to
the projects that can enhance the product standard and can expand export, the
projects that can introduce the advanced technology and management, the projects
that are in need of raw materials and the projects that possess two of the
above-mentioned features.
All the related departments should conduct the
cooperative projects involved in the municipal industrial system according to
the Opinions on the Restructuring of the Municipal Industrial System in This
Year and Next Year made by the Municipal Planning Committee, the Municipal
Economic Committee and the Municipal Economic Research Center. As to the
projects restricted or forbidden by the state or regional governments, they
should not sign the agreements of the investment intention in case that that
could not be approved by the higher authorities and would misinterpreted by
Taiwan manufacturers as “The mainland’s policies are in constant change.”
Many owners of the small and medium-sized
enterprises’ from Taiwan are now making short-term investment in Shanghai. When
cooperating with us, they raise the price of the invested equipments and of the
import raw materials while force down the price of the export products. So when
signing the contracts all the related departments should make enquiry and
compare the price carefully to avoid making hasty decision.
6. We should successfully manage the already
existing Taiwan-funded enterprises to set models for further investment-
attracting work.
All the related departments should earnestly
implement the state laws and rules on encouraging the investment of Taiwan
compatriots and help Taiwan-funded enterprises solve their problems, offer
service for production management as well as for their daily life, and also
provide immigration convenience.
Except the tax required by the
state, any behavior of collecting tax and fee from or imposing arbitrary charges
on Taiwan manufacturers in various names is not allowed. The departments
involved should practically safeguard the personal and property security, the
legal rights and the normal business function of the Taiwan manufacturers who
invest or are engaged in other legal activities in the mainland. Any department
or person that breaks the above-mentioned policies will be found out and
punished.
Any Taiwan manufacturer who wants to invest in
Shanghai should stick to the policy of equality and mutual benefit. All the
exclusively Taiwan-funded enterprises, equity joint ventures and cooperative
joint ventures should, apart from implementing Regulations of the State Council
on Encouraging the Investment of Taiwan Compatriots, act by reference to Law on
Wholly Foreign-owned Enterprises, Law on Sino-Foreign Equity Joint Ventures and
Law on Sino-foreign Cooperative Joint Ventures, and enjoy the correspondent
treatment for foreign-funded enterprises. Also if the condition permits, Taiwan
investors are allowed to apply to establish associations for the Taiwan
manufacturers in Shanghai according to the rules of the State Council.
7. We should strengthen the political education
among the mainland employees at Taiwan-funded enterprises in order to prevent
the political infiltration of the Taiwan authority.
The vast majority of the Taiwan manufacturers
who invest in the mainland conduct normal business, and only a few of them,
arranged and incited by the Taiwan authority, come here with the aim of
collaborating with our enemies to instigate rebellion or are engaged in other
illegal activities in the mainland. Nevertheless, we should be clearly aware of
the fact that with the expanding communication across the Taiwan Strait, the
Taiwan authority, by making use of the public and legal communication, tries
every means to infiltrate us politically and spread the so-called “Taiwan
experience”, for which we should be always on the alert. We should enhance the
anti-infiltration and anti-corruption education among the employees at
Taiwan-funded enterprises, be on guard against all forms of espionage of the
spies sent by the Taiwan authority including collaboration, rebellion
instigation, psychological war, information collecting as well as other illegal
activities conducted by means of religion or secret societies, and also
vigilantly prevent the Taiwan authority from spreading the so-called “Taiwan
experience” by means of the correspondence between Taiwan and Taiwan-funded
enterprises based in the mainland. Therefore all the related departments should
choose the cadres who are both politically and professionally strong-minded to
be the representatives for our side. They should, in developing cooperative
relations with Taiwan manufacturers, stick to the principles while flexibly
using the strategies; safeguard the legal rights of Taiwan investors in the
mainland while making sure that they obey our laws and rules concerned.
All the Taiwan
investors that make direct investment in Shanghai with Taiwan trade names cannot
use the name of “the Republic of China” in signing agreements and contracts. The
names of the units in cooperation can be used for both parties in Shanghai and
Taiwan.
All the related departments should take over the
“psychological war materials” that brought into Tai-wan funded enterprises by
Taiwan manufacturers and send them to the public security departments without
delay instead of hiding or circulating them. Any crime or violation of law
committed by Taiwan manufactures should be reported to the departments in charge
promptly for the further investigation and handling in accordance with law.
8. We should further stick to the principle of “
do and don’t say it” so as to ensure the securities of the Taiwan manufacturers
that invest in Shanghai.
Currently as the Taiwan authority impose various
restrictions on the Taiwan manufacturers that invest in the mainland, we should
further stick to the principle of “ do and don’t say it” in order to protect the
Taiwan manufacturers that make invest in Shanghai from being investigated and
punished by the Taiwan authority.
(1) Without the approval of the Municipal Office on Taiwan
Issues, no journalistic departments are permitted to report any information on
the investment and on the technological cooperation with Taiwan manufacturers in
shanghai (including information of the projects, capital and names of Taiwan
manufacturers), also leaders of all levels should not publicize the investment
information of Taiwan manufacturers in their public
speeches.
(2) Except the related economic and trade departments,
departments in charge of Taiwan issues and both parties in an equity joint
venture or a cooperative joint venture that need the certificates of Taiwan
investors to conduct examination and approval work, all the other departments
are not permitted to ask for credit materials from Taiwan manufacturers.
(3) The
industrial and commercial departments are not allowed to publish in newspapers
the name of the registered Taiwan-funded enterprises, the name of the Taiwan
manufacturers and the registered capital.
(4)
The departments that will set up relevant cooperative institutions with Taiwan
fiscal and financial circles should carefully carry out the confidential work.
9. We should strengthen the investigation and
research work and strictly maintain the report system.
All the departments should earnestly implement
Regulations of the State Council on Encouraging the Investment of Taiwan
Compatriots. Should any new situation or problem arise, especially that about
investment field or investment style, the related departments should promptly
report it to the authorities concerned instead of acting out of their own will.
The request and report system should be standardized. Meanwhile the authorities
concerned should, according to the investigation and research they have made and
the experience the Shanghai Government has accumulated in the work of attracting
Taiwan investment, voluntarily report the relevant information and their
suggestions to the related departments in charge under the State Council.
If all the opinions given above are appropriate,
please grant them approval and send them to the governments of all the districts
and counties, and all the governmental committees, offices and bureaus to be
implemented.
October
13th, 1989
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