Interim Provisions of Shandong Province on Encouraging Foreign Investment in the Construction and Operation of Ports and Terminals
Article 1 In order to encourage foreign investors to invest in the construction and operation of ports and docks, these Provisions are formulated in accordance with the relevant laws and regulations of the state and the actual situation of our province. Article 2 All foreign investors who invest in the construction and operation of port and dock enterprises within the administrative region of this province shall abide by these provisions. Article 3 Foreign investment in the construction and operation of ports and docks means that foreign companies, enterprises, other economic organizations or individuals (hereinafter referred to as foreign investors) and domestic companies, enterprises and relevant economic organizations (hereinafter referred to as Chinese investors) invest and operate ports and docks in the form of Sino-foreign joint ventures, cooperation or joint-stock systems. Article 4 The term "port terminal" as mentioned in these Provisions refers to the newly-built or rebuilt port terminal or the commercial public terminal or enterprise-specific terminal for loading and unloading ships in the port area. Article 5 Foreign investors may contribute their capital in cash, in kind, management technology, etc. Or as a condition for sino-foreign joint ventures, cooperative construction and operation of ports and docks; China investors can invest in cash, in kind, management technology, land use rights and the right to use the coastline at a discount. Or as a condition of cooperation, a Sino-foreign joint venture, cooperative or joint-stock enterprise (hereinafter referred to as foreign-invested port and dock enterprise) shall be established according to law. Article 6 The longest operating period of a foreign-invested port terminal enterprise is 50 years, and the specific operating period shall be determined by the enterprise in the contract and articles of association. After the expiration of the operation period, the operation period may be extended upon the application of the enterprise and the approval of the original examination and approval authority. Article 7 Foreign-invested port and dock enterprises may jointly invest in the construction of underwater infrastructure and ground operation facilities of port and dock, or lease underwater infrastructure from dock owners. Article 8 Foreign-invested port and dock enterprises must abide by the provisions of the state and Shandong Province on the management of coastlines, waters and land areas. Article 9 The construction of foreign-invested port and dock enterprises must conform to the overall layout planning of ports and docks in the whole province and the overall urban planning, implement the current national capital construction procedures, norms and standards, and be managed by the Provincial Department of Transportation in a unified way. Article 10 Raw materials, machinery and equipment, construction institutions and other production management equipment imported by foreign-invested port and dock enterprises for their own use within the total investment shall be exempted from tax in accordance with the provisions of relevant state laws and regulations. Eleventh foreign-invested port and dock enterprises, with the approval of the tax authorities, can use the accelerated depreciation method of fixed assets to accelerate the recovery of investment. Article 12 Foreign-invested port and dock enterprises shall enjoy preferential tax treatment in accordance with national laws and regulations. Article 13 If the profits of foreign-invested port and dock enterprises are reinvested in product export enterprises or advanced technology enterprises for more than five years, the enterprise income tax paid for the reinvested part shall be refunded in full with the approval of the tax authorities. Fourteenth foreign-invested port terminal enterprises built port terminal operating fees, borne by the enterprise. Article 15 Foreign-invested port terminal enterprises may, upon approval, invest in cargo handling, storage and transportation, dismantling and packaging in the port area, as well as supporting their own fleet and self-transportation, and supporting land and sea passenger and cargo transportation, catering, maintenance and real estate services in the port area and other industries outside the port area. Sixteenth Hongkong, Macao and Taiwan Province Province companies, enterprises and other economic organizations or individuals to invest in enterprises, with reference to these provisions. Article 17 These Provisions shall come into force as of 1995+ 10/0/day.