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MAINLAND CHINA’S COMMERCIAL LAWS, REGULATIONS AND POLICIES

Data collection and preparation by Zou Haitao, Mainland China Business Advisory Service Consultant of IPIM

TARIFF IMPLEMENTATION PLAN IN 2014 PASSED AND IMPLEMENTED ON THE MAINLAND
On 11 December 2013, The Customs Tariff Commission of the State Council promulgated the Tariff Implementation Plan in 2014 which was effective from 1 January. The Plan stipulates Tentative duties will apply to 767 import commodities including fuel oil, certain types of infant formula still enjoys a low tentative duty of 5%, Zero tariff tax will apply to 1,312 commodities originating from Macao, which comply with country of origin standards, adjustments will be made to certain import and export tax digits and tax categories. After the adjustments, the 2014 tariff codes include a total of 8,277 commodities.

Reference: Notice Concerning Tariff Implementation Plan in 2014 promulgated by the Ministry of Finance http://www.gov.cn/zwgk/2013-12/16/content_2548712.htm

MAINLAND PREFERENTIAL TAXATION POLICT FOR E-COMMERCE EXPORT ENTERPRISES
On 30 December 2013, the Ministry of Finance and the State Administration of Taxation jointly issued the Notice Concerning Retail Export Tax Policy for Cross-border Electronic Commerce which offers value-added tax (VAT) and consumption tax (CT) refunds and exemption to exports by e-commerce retail enterprises. To apply for the tax refunds and exemptions, the e-commerce export enterprise should satisfy the following requirements – Be a VAT taxpayer and have obtained the export tax relief qualification by the competent tax authority; Obtained an export declaration form (for export tax refund purposes only) for the goods to be exported. The information on the form should be consistent with the corresponding electronic information; received the foreign currency for exported goods before the deadline for tax refunds (exemption) declaration; and if it is a foreign trade enterprise, obtained the corresponding VAT special invoice and the special CT payment receipt for the exported goods purchased (or the special customs VAT and CT payment receipts for imports). The particulars on these vouchers should match the relevant information in the export declaration form.

Reference: Notice Concerning Retail Export Tax Policy for Cross-border Electronic Commerce promulgated by the Ministry of Finance http://szs.mof.gov.cn/zhengwuxinxi/zhengcefabu/201401/t20140109_1034002.html

FURTHER EXPANSION OF THE SERVICE BOUNDARY COVERED BY WHOLLY-OWNED HOSPITAL ON THE MAINLAND SET UP BY MACAO SERVICE SUPPLIERS
On 9 January 2014, the National Health Planning Commission and the State Administration of Traditional Chinese Medicine jointly promulgated “Certain Opinions on Accelerating the Operations of Medical Institutions with Public Funding”. It is a sign that there is increasing support for the operation of medical institutions with public funding, including the liberalisation of the requirements for the Organisers, and gradually relaxing restrictions over geographical location of wholly-owned hospitals set up by Hong Kong, Macao and Taiwan service suppliers to cities nation-wide above the prefectural level and liberalise the requirements for the service sectors, service sectors are open to public funding if they are not specifically prohibited by the legislations, relaxation of the installation of large medical equipment, enhance supportive policies and accelerate the approval procedures.

Reference: “Certain Opinions on Accelerating the Operations of Medical Institutions with Public Funding” promulgated by National Health Planning Commission http://www.nhfpc.gov.cn/tigs/s7846/201401/239ae12d249c4e38a5e2de457ee20253.shtml