Regulations of Jiangsu Province on Promotion and Protection of the Investment of the Overseas Chinese

(Adopted at the Twentieth Meeting of the Standing Committee of the Twelfth People’s Congress of Jiangsu Province on January 15, 2016)

Article 1 These Regulations are enacted in accordance with relevant laws and administrative regulations, in light of the specific situation of this Province and for the purposes of encouraging and promoting the investment, innovation and business startup in this Province by the overseas Chinese and protecting their legal rights and interests.

Article 2 These Regulations shall apply to the overseas Chinese who invest in this Province in their name, the enterprises set up by them or other economic organizations (hereinafter referred to as the overseas Chinese investors).

The overseas Chinese refer to the Chinese citizens who live abroad.

Article 3 The personal rights, property rights and other legitimate rights and interests of the overseas Chinese investors shall be protected by law. Any organization or individual shall not usurp or impair the investment and investment earnings of the overseas Chinese investors.

The overseas Chinese investors shall abide by laws and regulations and shall not impair the state interests, public interests or the legal rights and interests of other citizens.

Article 4 The local people's governments at various levels shall, in accordance with the law, perform their duties, formulate and implement policies and measures for protection and promotion of the investment of the overseas Chinese, provide effective services and safeguard the legal rights and interests of the overseas Chinese investors.

The competent departments of overseas Chinese affairs of the local people’s government at or above the county level shall be responsible for the guidance, coordination and supervision on the protection of the investment and the rights and interests of the overseas Chinese. 

Other relevant departments of the local people's government at or above the county level shall, in accordance with their corresponding functions and duties, carry out the service and administration work on the protection of the investment and the rights and interests of the overseas Chinese.

Article 5 This Province, the city divided into districts and the county (city or district) with condensed investment of the overseas Chinese shall set up the committee for the protection and coordination of the investment and the rights and interests of the overseas Chinese and the committee shall be responsible for coordinating and resolving major problems in the work on the protection of the investment and rights and interests of the overseas Chinese. The daily work of the committee for the protection and coordination of the investment and rights and interests of the overseas Chinese shall be borne by the competent department of overseas Chinese affairs of the people's government at the corresponding level.

Article 6 The federations of returned overseas Chinese at various levels (hereinafter referred to as the federations of overseas Chinese) shall unite and mobilize the overseas Chinese to participate in the modernization construction of this Province, actively provide services for introducing overseas talents, funds and technologies, provide services to overseas Chinese investors and protect their legal rights and interests according to law.

Social organizations made up of the overseas Chinese investors (hereinafter referred to as the groups of overseas Chinese investors) may be established according to law in areas where the investments of overseas Chinese are condensed.

The groups of overseas Chinese investors shall arrange activities in accordance with laws, regulations and rules and their legal rights and interests shall be protected by law.

Article 7 The overseas Chinese investors shall invest according to the form and range prescribed by laws and regulations.

The overseas Chinese investors may make capital contributions in currency, with non-monetary properties such as physical objects, intellectual property and land usufruct and in other forms permitted by laws and regulations.

The overseas Chinese investors may set up joint stock companies, limited liability companies, sole proprietorship enterprises, partnershipenterprises,individual industrial and commercial households and other economic organizations permitted by laws.

Article 8 Where the overseas Chinese invest in this Province in the name of themselves, the enterprises within China under their control or other economic organizations, they shall enjoy all the policies and services for domestic investment or related to investment that are issued by the State and this Province.

Where the enterprises and other economic organizations that are set outside China by the overseas Chinese invest in this Province, they shall comply with industry policies for foreign investment of the State and go through the formalities in accordance with laws and regulations of the State and this Province on foreign investment.

Article 9 The overseas Chinese investors that invest in this Province shall comply with the industry policies and the investment guidance requirements of the State and this Province.

The overseas Chinese investors shall be encouraged and guided to innovate and start up business in the new strategic industries such as new-generation information technology, energy conservation, environment protection, biological technology, new medicines, high-end equipment production, new materials and new energies and in the fields of modern service industry and modern agriculture.

Article 10 Enterprises invested by the overseas Chinese investors shall be guided and supported to invest in foreign countries, carry out international economic cooperation, utilize international resources and participate in the construction of the Silk Road Economic Belt and the Maritime Silk Road in the 21st Century.

Article 11 The overseas Chinese investors may apply for the overseas Chinese identity confirmation withtheir passports, residence certificates of foreign countries and other relevant certificate materials. The competent department of overseas Chinese affairs of the people's government of the city divided into districts and county (city) shall identify the overseas Chinese investors in accordance with relevant provisions of the State and this Province.

The overseas Chinese investors may go through the formalities of information registration for the investment of the overseas Chinese with their industrial and commercial registration materials and valid identity certificates in the competent department of overseas Chinese affairs of the people's government of the city divided into districts and county (city) where their investment projects are located. The competent department of overseas Chinese affairs shall share the overseas Chinese investment registration information with other departments and organizations related to the overseas Chinese.

Article 12 The overseas Chinese investors are encouraged to participate in talent innovation and business startup plans or projects of the State, this Province and any place within this Province, and they shall enjoy relevant policies and benefits in accordance with theprovisions.

Article 13 The overseas Chinese investors are encouraged to set up research and development institutions in various forms in this Province according to law and to research and develop new technologies, new products and new techniques with independent intellectual properties or to carry out such research and development together with other units.

The overseas Chinese investors that invest and set up research and development institutions in this Province shall enjoy relevant policies of the government on supporting technical innovations of enterprises.

Article 14 The overseas Chinese investors and the enterprises set up by them shall enjoy various taxation preferences according to law.

Where the overseas Chinese investors give donations for public welfare undertakings, they shall enjoy taxation preferences and other preferences according to law.

Article 15 The local people's governments at various levels and relevant departments shall, in accordance with the provisions, timely publicize the provisions, measures and procedures related to the investment of the overseas Chinese, timely publicize and notify the local economic and social development information and provide law and policy consultations to the overseas Chinese investors.

This Province and the city divided into districts shall establish the information data base of the returned overseas talents, achieve joint construction and sharing of resources and provide services for rational flow and optimized distribution of the overseas talents.

Article 16 Financial institutions, financing guarantee  institutions and other financial enterprises are encouraged to provide financial services to the overseas Chinese investors. The overseas Chinese investors are supported to finance in the credit market, stock market and bond market and in the forms of intellectual property pledge and assets securitization.

It is encouraged to set up guarantee funds for the investment of the overseas Chinese.

Article 17 It is encouraged to set up business startup and investment funds and talent funds in various forms to support the overseas Chinese investors for their investment, business startup and independent innovation.

The overseas Chinese investors who comply with the conditions shall be given equal support by the special funds sponsored by the government for the introduction of high-level innovation and business startup talents, the science and technology, the transformation and upgrade of industry and information business and the support for the development of various trades.

The overseas Chinese investors may apply for various science and technology projects and various industrialization projects in this Province.

Article 18 The overseas Chinese investors and their employed overseas Chinese staff members may, in accordance with relevant provisions of the State and this Province, apply for various government awards and selections; may participate in evaluations and verifications for professional and technological titles and professional qualifications and obtain professional and technological titles and professional qualification certificates.

Article 19 Where the overseas Chinese investors go through the formalities of finance, education, medical treatment, transportation, telecommunication, social insurance, property registration, industrial and commercial administration registration, accommodation registration and motor vehicle driving license application and need to provide their identity certificates, they may use their passports to prove their identities.

The overseas Chinese investors that comply with the conditions prescribed by the Interim Measures of Jiangsu Province on the System of Resident Permits for High-Level Talents from Abroad may apply for the resident permits of Jiangsu Province for high-level talents from abroad, use them as identity certificates for investment and enjoy relevant policies, benefits, services and convenience.

Article 20 The overseas Chinese investors, their spouses and children who have the overseas Chinese identities and their employed overseas Chinese staff members shall, in accordance with the law, participate in the social insurance for urban workers of the place where their working units are located or the social insurance for urban residents of the place where they live, and their social insurance premiums, the transfer and renewal of the social insurance, the benefits they enjoy and other measures shall be equal to the local insured persons; their house provident funds can be deposited, used, transferred and drawn in this Province in accordance with the provisions.

Article 21 The overseas Chinese investors, their spouses and children who have the overseas Chinese identities and their employed overseas Chinese staff members may apply to the public security organs of the places where they live for ordinary passports, passes and endorsement for traveling between inland areas and Hong Kong and Macao or passes and endorsement for traveling between inland areas and Taiwan.

Article 22 The overseas Chinese investors, their spouses and children and their employed overseas Chinese staff members may apply to the public security organs of the places where they stay or live for motor vehicle driving licenses. Those who have already obtained valid motor vehicle driving licenses of abroad may, in accordance with theprovisions, apply for motor vehicle driving licenses for the corresponding types of vehicles.

Article 23 Where the children of the overseas Chinese investors and of their employed overseas Chinese staff members receive education in this Province, they shall enjoy the same benefits as the local students and they may be given proper care in accordance with the provisions.

Article 24 Where the overseas Chinese investors and their employed overseas Chinese staff members purchase houses for private use in the places where they live, they shall enjoy the same benefits as the local residents.

Article 25 The overseas Chinese investors shall, in accordance with the law, independently handle their lawful properties, lawful benefits from investment, dividends, interests, rentals, royalties, funds after liquidation and other lawful incomes.

Article 26 Where it is definitely necessary to expropriate the fixed assets invested and purchased by the overseas Chinese investors due to the need of public interests, it shall be handled in accordance with legal procedures and compensations should be made according to law.

Article 27 The production and management autonomy of the overseas Chinese investors shall be protected by law and shall not be intervened or infringed by any organization or individual illegally.

Article 28 The overseas Chinese investors may put forward suggestions and opinions on investment-related items to the local people's governments and relevant departments directly or through the competent departments of overseas Chinese affairs, the federations of overseas Chinese or the groups of overseas Chinese investors.

Where the legal rights and interests of the overseas Chinese investors are impaired, they may lodge complaints against the local departments of overseas Chinese affairs, other local departments or local federations of overseas Chinese.

The local people's governments, local departments of overseas Chinese affairs, other local departments or local federations of overseas Chinese shall accept the complaints and reply the handling within 10 working days, and where the handlings are difficult, they shall reply within 30 working days. Where laws and regulations provide otherwise on the deadline for the handling, such provisions shall prevail.

Article 29 The overseas Chinese investors, their spouses and children shall, in accordance with relevant provisions of the State, enjoy the legal aid services.

The competent departments of overseas Chinese affairs at various levels, the federations of overseas Chinese, the groups of overseas Chinese investors and various legal service institutions are encouraged to provide services of legal consultation, policy analysis, risk prevention and legal aid to the overseas Chinese investors.

Article 30 The competent departments of overseas Chinese affairs at various levels and the federations of overseas Chinese shall carry out legal system publicity and education activities in various forms, popularize and publicize legal knowledge to the overseas Chinese investors, support and help them to protect their legal rights and interests according to law.

Article 31 Where staff members of State organs commit acts to impair the legal rights and interests of the overseas Chinese investors, the competent departments of overseas Chinese affairs and the federations of overseas Chinese may put forward opinions and suggestions to the organs where the staff members belong or the competent departments at a higher level for pursuingtheir liabilities, and the organs where they work or the competent departments at a higher level shall timely investigate and notify the results of handling.

Article 32 Where the State organs and their staff members commit one of the following acts, they shall be ordered to make rectifications by the organs at a higher level or relevant departments, and the person directly in charge and other persons directly responsible shall be given sanctions according to law; where losses of the overseas Chinese investors are caused, compensations shall be made according to law:

(1)   expropriating the fixed assets invested or purchased by the overseas Chinese investors in violation of legal authority and procedure, or failing to timely and fully pay the collection expropriation fees in accordance with the expropriation and compensation agreements;

(2) apportioning among, asking for donation from or illegally collecting fees from the overseas Chinese investors;

(3) illegally intervening the production and management autonomy of the overseas Chinese investors; or

(4) other circumstances of infringing the legal rights and interests of the overseas Chinese investors.

Any staff members the State organs who neglects his duty, engages in malpractices for personal gains, abuses his power and infringes the legal rights and interests of the overseas Chinese investors shall be investigated for criminal liability according to law when a crime is committed.

Article 33 Where the overseas Chinese investors change their nationalities, the enterprises invested by them in this Province shall still operate in accordance with relevant provisions of these Regulations.

Article 34 These Regulations shall enter into effect as of May 1, 2016.