The Ministry of Foreign Trade and Economic Coop-eration (MOFTEC),the State Administration forIndustry and Commerce (SAIC),the State Economicand Trade Commission (SETC),the Ministry of Finance(MOF),the State Administra...The Ministry of Foreign Trade and Economic Coop-eration (MOFTEC),the State Administration forIndustry and Commerce (SAIC),the State Economicand Trade Commission (SETC),the Ministry of Finance(MOF),the State Administration for Exchange Control(SAEC),the State Taxation Bureau (STB) and the GeneralCustoms Administration (GCA) (hereinafter referred to asCompetent Joint Annual Inspection Agencies) have jointlyissued a circular a few days before which stipulates that,from the year 1997 onwards,a joint annual inspection willbe conducted on FIEs in order to further improve and stan-dardize China’s investment environment,lessen the burdenson the shoulders of enterprises and enhance the level of ad-ministration over FIEs.展开更多
In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly, the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the ne...In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly, the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law. Finally, Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded that the promotion of the new company law on the relationship between FIEs and some suggestions liar the coexistence of the lwo.展开更多
In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly. the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the n...In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly. the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law . Finally. Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded thai the promotion of the new company law on the relationship between FIEs and some suggestions for the coexistence of the two.展开更多
The increase of inter-boundary transactions brings a number of benefits for enterprises. However, even when benefits of transfer pricing are evident, multinational organizations still face legal challenges, including ...The increase of inter-boundary transactions brings a number of benefits for enterprises. However, even when benefits of transfer pricing are evident, multinational organizations still face legal challenges, including performing parts of transactions in another jurisdiction and motives of tax officials in investigating transfer pricing. This is especially true when countries do not want to lose benefits from tax collection. Therefore, many countries and organizations such as the Organization for Economic Cooperation and Development (OECD), Pacific Association of Tax Administrators (PATA), the European Union (EU), and Vietnam have introduced requirements for transfer pricing documentation to prevent transfer pricing manipulation and maintain benefits from taxes. The aim of this research was to assess the compliance of those requirements of foreign direct investment (FDI) enterprises in Vietnam. This article which is a summary of our research includes the following sections: (1) OECD guidelines of transfer pricing documentation; (2) Vietnam regulations of transfer pricing documentation; (3) results of the research; and (4) discussion and conclusion.展开更多
Recently the State Council decided to extend the period ofduty exemption for imports of equipment and raw materials by foreign-invested enterprises below US$30 million.In order to administrate import and export activi...Recently the State Council decided to extend the period ofduty exemption for imports of equipment and raw materials by foreign-invested enterprises below US$30 million.In order to administrate import and export activities in light ofinternational practice and apply a unified, fair and standardizedpolicy toward import duties, the State Council, on December28,1995, decided to reform and adjust the policies of import duties by fairly significant reduction of the overall import tariff leveland elimination of preferences of import-duty exemption for mostimport items, which was also applicable to imports of equipmentand raw materials by foreign-invested enterprises set up since April1st, 1996. At the same time, with a view to maintaining the policycontinuity and relative stability, those enterprises established before March 31, 1996 were allowed an extended duty-exemptionperiod of one to two years for importation of equipment and rawmaterials(referring to construction materials, etc.) if such importswere below the value of their total investments, and for展开更多
Article 1With a view to promoting the healthy development of foreign invest-ment enterprises, protecting the legitimate rights and interests of investorsof the parties concerned and safeguarding the social and economi...Article 1With a view to promoting the healthy development of foreign invest-ment enterprises, protecting the legitimate rights and interests of investorsof the parties concerned and safeguarding the social and economic order,this set of regulations has been formulated in accordance with the Com-pany Law of the People’s Republic of China,Law of the People’s Republicof China on Chinese-Foreign Equity Joint Ventures,Law of the People’sRepublic of China of Foreign on Chinese-Foreign contractual Joint Ven-tures,Law of the people’s of China of Foreign Capital Enterprises,andother relevant laws and regulations.Article 2The alteration of investors’stock equity in foreign investment enter-prises as used hereof refers to the alteration of investors or theirshares(hereinafter referred to as the stock equity) of financialcontribution(inchiding the cooperative conditions offered) in Chinese-for-eign equity joint ventures,Chinese-foreign contractual joint ventures andforeign investment enterprises(hereinafter referred to as the enterprises).展开更多
The State Council Office has recently issued"Notification of relevant issues on rectifying andreorganizing non-experimental commercial enter-prises with foreign investment", making it clearthat non-experimen...The State Council Office has recently issued"Notification of relevant issues on rectifying andreorganizing non-experimental commercial enter-prises with foreign investment", making it clearthat non-experimental commercial enterprises withforeign investment would be rectified.The notification emphasizes that all the non-experimental commerical enterprises with foreigninvestment which have been presumptuously ap-proved for establishment by localities or depart-ments prior to the issuance by the State CouncilOffice of the Urgent notification of prompt stop oflocal presumptuous approval of establishment ofcommercial enterprises with foreign展开更多
Rural wterprise plays a more and more important role in the development of outward economy of China. In 1994, 44.5 percent of the export value was produced by rural enterprises. This paper will focus on the rural ente...Rural wterprise plays a more and more important role in the development of outward economy of China. In 1994, 44.5 percent of the export value was produced by rural enterprises. This paper will focus on the rural enterprises with export, their growth, structural change and regional distribution. 'San Lai Yi Bu' as a special form of outward enterprises, the foreign investment in rural enterprises the regional distribution and development tendency of rtral aterprises with foreign investment will be studied at the same time. The factor analysis will be used to study the evolution of the role that rural enterprises played in the development of outward economy, the regional difference in the development level and industrial structure of rural enterprises of outward economy.展开更多
文摘The Ministry of Foreign Trade and Economic Coop-eration (MOFTEC),the State Administration forIndustry and Commerce (SAIC),the State Economicand Trade Commission (SETC),the Ministry of Finance(MOF),the State Administration for Exchange Control(SAEC),the State Taxation Bureau (STB) and the GeneralCustoms Administration (GCA) (hereinafter referred to asCompetent Joint Annual Inspection Agencies) have jointlyissued a circular a few days before which stipulates that,from the year 1997 onwards,a joint annual inspection willbe conducted on FIEs in order to further improve and stan-dardize China’s investment environment,lessen the burdenson the shoulders of enterprises and enhance the level of ad-ministration over FIEs.
文摘In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly, the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law. Finally, Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded that the promotion of the new company law on the relationship between FIEs and some suggestions liar the coexistence of the lwo.
文摘In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly. the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law . Finally. Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded thai the promotion of the new company law on the relationship between FIEs and some suggestions for the coexistence of the two.
文摘The increase of inter-boundary transactions brings a number of benefits for enterprises. However, even when benefits of transfer pricing are evident, multinational organizations still face legal challenges, including performing parts of transactions in another jurisdiction and motives of tax officials in investigating transfer pricing. This is especially true when countries do not want to lose benefits from tax collection. Therefore, many countries and organizations such as the Organization for Economic Cooperation and Development (OECD), Pacific Association of Tax Administrators (PATA), the European Union (EU), and Vietnam have introduced requirements for transfer pricing documentation to prevent transfer pricing manipulation and maintain benefits from taxes. The aim of this research was to assess the compliance of those requirements of foreign direct investment (FDI) enterprises in Vietnam. This article which is a summary of our research includes the following sections: (1) OECD guidelines of transfer pricing documentation; (2) Vietnam regulations of transfer pricing documentation; (3) results of the research; and (4) discussion and conclusion.
文摘Recently the State Council decided to extend the period ofduty exemption for imports of equipment and raw materials by foreign-invested enterprises below US$30 million.In order to administrate import and export activities in light ofinternational practice and apply a unified, fair and standardizedpolicy toward import duties, the State Council, on December28,1995, decided to reform and adjust the policies of import duties by fairly significant reduction of the overall import tariff leveland elimination of preferences of import-duty exemption for mostimport items, which was also applicable to imports of equipmentand raw materials by foreign-invested enterprises set up since April1st, 1996. At the same time, with a view to maintaining the policycontinuity and relative stability, those enterprises established before March 31, 1996 were allowed an extended duty-exemptionperiod of one to two years for importation of equipment and rawmaterials(referring to construction materials, etc.) if such importswere below the value of their total investments, and for
文摘Article 1With a view to promoting the healthy development of foreign invest-ment enterprises, protecting the legitimate rights and interests of investorsof the parties concerned and safeguarding the social and economic order,this set of regulations has been formulated in accordance with the Com-pany Law of the People’s Republic of China,Law of the People’s Republicof China on Chinese-Foreign Equity Joint Ventures,Law of the People’sRepublic of China of Foreign on Chinese-Foreign contractual Joint Ven-tures,Law of the people’s of China of Foreign Capital Enterprises,andother relevant laws and regulations.Article 2The alteration of investors’stock equity in foreign investment enter-prises as used hereof refers to the alteration of investors or theirshares(hereinafter referred to as the stock equity) of financialcontribution(inchiding the cooperative conditions offered) in Chinese-for-eign equity joint ventures,Chinese-foreign contractual joint ventures andforeign investment enterprises(hereinafter referred to as the enterprises).
文摘The State Council Office has recently issued"Notification of relevant issues on rectifying andreorganizing non-experimental commercial enter-prises with foreign investment", making it clearthat non-experimental commercial enterprises withforeign investment would be rectified.The notification emphasizes that all the non-experimental commerical enterprises with foreigninvestment which have been presumptuously ap-proved for establishment by localities or depart-ments prior to the issuance by the State CouncilOffice of the Urgent notification of prompt stop oflocal presumptuous approval of establishment ofcommercial enterprises with foreign
文摘Rural wterprise plays a more and more important role in the development of outward economy of China. In 1994, 44.5 percent of the export value was produced by rural enterprises. This paper will focus on the rural enterprises with export, their growth, structural change and regional distribution. 'San Lai Yi Bu' as a special form of outward enterprises, the foreign investment in rural enterprises the regional distribution and development tendency of rtral aterprises with foreign investment will be studied at the same time. The factor analysis will be used to study the evolution of the role that rural enterprises played in the development of outward economy, the regional difference in the development level and industrial structure of rural enterprises of outward economy.