In terms of investment methods, according to the objective reality of the diversification of overseas Chinese investment subjects, investment sources and business forms in our province, it is clear that overseas Chinese investors can contribute in cash, or in kind, intellectual property rights, land use rights and other ways permitted by laws and regulations; Economic organizations permitted by law, such as joint stock limited companies, limited liability companies, sole proprietorships, partnerships and individual industrial and commercial households, can be established in accordance with the law, and the diversification of investment entities and modes of operation can be confirmed and promoted in the form of local legislation.
Domestic identity is a realistic problem for overseas Chinese to invest, live and travel in China. According to the Exit and Entry Administration Law, the regulations clearly stipulate that "overseas Chinese investors who need to provide identification for financial affairs, education, medical care, transportation, telecommunications, social insurance, property registration, industrial and commercial registration, accommodation registration, motor vehicle driver's license application and other matters can prove their identity with their passports." At the same time, it is stipulated that individual overseas Chinese investors can apply for confirmation of overseas Chinese identity with their passports, foreign residence certificates and other relevant supporting materials. Among the eight reform measures taken by Jiangsu public security organs to serve the masses in June 5438+ 10 this year, it has been made clear that the procedures for restoring the household registration of overseas Chinese of Jiangsu nationality will be simplified from March 1 0. The regulations also stipulate social security measures for overseas Chinese investors to participate in social insurance, pay and use housing provident fund, and stipulate measures to facilitate life such as obtaining a permit, applying for a motor vehicle driver's license, educating their children, and buying a house.
According to incomplete statistics, overseas Chinese have invested in more than 50,000 enterprises in our province, accounting for more than 60% of the total foreign capital utilization. At present, Jiangsu * * * has introduced 696 special experts, including 245 entrepreneurs, ranking first in the country; Finally, the provincial "double innovation plan" also funded the introduction of 3 127 talents. Among these imported talents, 80% have overseas study or work background.
Regulations of Jiangsu Province on the Protection and Promotion of Overseas Chinese Investment
first
In order to encourage and promote overseas Chinese to invest, innovate and start businesses in this province and protect their legitimate rights and interests, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.
second
These Regulations apply to overseas Chinese (hereinafter referred to as overseas Chinese investors) who invest in this province in the name of individuals, enterprises or other economic organizations established by them.
Overseas Chinese refer to China citizens who are designated to live abroad.
essay
The personal rights, property rights and other legitimate rights and interests of overseas Chinese investors are protected by law. No organization or individual may occupy or damage the investment and investment income of overseas Chinese investors.
Overseas Chinese investors shall abide by laws and regulations, and shall not harm the national interests, social public interests and the legitimate rights and interests of other citizens.
Article 4
Local people's governments at all levels shall perform their duties according to law, formulate and implement policies and measures to protect and promote overseas Chinese investment, provide effective services and protect the legitimate rights and interests of overseas Chinese investors.
The overseas Chinese affairs department of the local people's government at or above the county level is responsible for the guidance, coordination and supervision of overseas Chinese investment and rights protection.
Other relevant departments of the local people's governments at or above the county level shall, according to their respective responsibilities, do a good job in the service and management of overseas Chinese investment and rights protection.
Article 5
Provinces, districts, cities and counties (cities, districts) where overseas Chinese investment is concentrated shall set up coordination committees for the protection of overseas Chinese investment rights and interests, which shall be responsible for coordinating and solving major problems in the protection of overseas Chinese investment rights and interests. The daily work of the Coordination Committee for the Protection of Overseas Chinese Investment Rights and Interests shall be undertaken by the Overseas Chinese Affairs Department of the people's government at the same level.
Article 6
The Federation of Returned Overseas Chinese at all levels (hereinafter referred to as the Federation of Returned Overseas Chinese) shall unite and mobilize overseas Chinese to participate in the modernization of this province, actively serve overseas talents, capital and technology, serve overseas Chinese investors, and safeguard their legitimate rights and interests according to law.
In areas where overseas Chinese investment is concentrated, social organizations composed of overseas Chinese investors can be established according to law (hereinafter referred to as overseas Chinese investor groups).
Overseas Chinese investor groups carry out activities in accordance with laws, regulations and articles of association, and their legitimate rights and interests are protected by law.
Article 7
Overseas Chinese investors shall invest in the form and scope stipulated by laws and regulations.
Overseas Chinese investors can contribute their capital in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties and other ways permitted by laws and regulations.
Overseas Chinese investors may establish joint stock limited companies, limited liability companies, sole proprietorship enterprises, partnerships, individual industrial and commercial households and other economic organizations in this province according to law.
Article 8
Overseas Chinese who invest in this province in their own name or in the name of domestic enterprises or other economic organizations under their control shall apply the domestic investment and investment-related policies and services promulgated by the state and this province.
Enterprises and other economic organizations invested and established by overseas Chinese in this province shall conform to the national industrial policies on foreign investment, and shall be handled in accordance with national and provincial laws and regulations on foreign investment.
Article 9
Overseas Chinese investors investing in this province shall conform to the industrial policies and investment-oriented requirements of the state and this province.
Encourage and guide overseas Chinese investors to innovate and start businesses in the fields of new generation information technology, energy conservation and environmental protection, biotechnology and new medicine, high-end equipment manufacturing, new materials, new energy and other strategic emerging industries, modern service industry and modern agriculture.
Article 10
Guide and support enterprises invested by overseas Chinese investors to carry out foreign investment and economic cooperation, and use international resources to participate in the construction of the Silk Road Economic Belt and the Maritime Silk Road.
Article 11
Individual investors of overseas Chinese can apply for confirmation of overseas Chinese identity with passports, foreign residence certificates and other relevant supporting materials. The overseas Chinese affairs department of the people's government of a city or county (city) divided into districts shall be recognized in accordance with the relevant provisions of the state and the province.
Overseas Chinese investors can register overseas Chinese investment information with industrial and commercial registration procedures and valid identity documents at the overseas Chinese affairs department of the people's government of the city or county (city) where the investment project is located. Overseas Chinese affairs departments shall share registered overseas Chinese investment information with other overseas Chinese-related departments and organizations.
Article 12
Encourage overseas Chinese investors to participate in national, provincial and local talent innovation and entrepreneurship plans or projects, and enjoy relevant policies and treatment in accordance with regulations.
Article 13
Encourage overseas Chinese investors to set up various forms of research and development institutions in this province according to law, and jointly research and develop new technologies, new products and new processes with independent intellectual property rights with other units.
Overseas Chinese investors set up research and development institutions in this province and enjoy the relevant policies of the government to support technological innovation of enterprises.
Article 14
Overseas Chinese investors and their enterprises enjoy various tax preferences according to law.
Overseas Chinese investors who donate to public welfare undertakings shall enjoy preferential tax treatment according to law.
Article 15
Local people's governments at all levels and relevant departments shall, in accordance with the provisions, timely publish laws, measures and procedures related to overseas Chinese investment, timely publish and inform local economic and social development information, and provide legal and policy advice for overseas Chinese investors.
Provinces and cities divided into districts shall establish a database of returned overseas talents to realize resource sharing and provide services for the rational flow and optimal allocation of returned overseas talents.
Article 16
Encourage financial institutions, financing guarantee institutions and other financial enterprises to provide financial services for overseas Chinese investors. Support overseas China investors to raise funds through credit, stocks, bonds and other markets, intellectual property pledge and asset securitization.
Encourage the establishment of overseas Chinese investment guarantee funds.
Article 17
Encourage the establishment of various forms of venture capital funds and talent funds, and support overseas Chinese investors to invest in entrepreneurship and independent innovation.
Government-led high-level innovative and entrepreneurial talents introduce special funds, special funds for science and technology, special funds for industrial and information industry transformation and upgrading, and special funds for supporting the development of various industries, and give equal support to qualified foreign investors.
Overseas Chinese investors can declare all kinds of scientific and technological projects and other industrialization projects in this province.
Article 18
Overseas Chinese investors themselves and their overseas Chinese employees can participate in the declaration and selection of various government awards in accordance with the relevant provisions of the state and this province; Participate in the evaluation or appraisal of relevant professional titles and professional qualifications, and obtain professional titles and professional qualification certificates.
Article 19
Overseas Chinese investors who need to provide identification for finance, education, medical care, transportation, telecommunications, social insurance, property registration, industrial and commercial registration, accommodation registration, motor vehicle driver's license application, etc. You can prove your identity with your passport.
Overseas Chinese investors who meet the requirements of the Interim Measures for the Residence Permit System for Overseas High-level Talents in Jiangsu Province may apply for the Residence Permit for Overseas High-level Talents in Jiangsu Province as proof of investment identity and enjoy relevant policy treatment and convenient services.
Article 20
Overseas Chinese investors themselves, their spouses, children and overseas Chinese employees with overseas Chinese status shall participate in the social insurance for urban workers in their places of work or the social insurance for urban residents in their places of residence in accordance with the law, and the insurance payment, transfer and continuation, treatment and enjoyment are the same as those of local insured persons; You can deposit, use, transfer and withdraw the housing provident fund in this province in accordance with the regulations.
Article 21
Overseas Chinese investors themselves, their spouses, children and overseas Chinese employees with overseas Chinese status may apply to the public security organs in their places of residence for ordinary passports, passes and endorsements to and from Hong Kong, Macao and Taiwan.
Article 22
Overseas Chinese investors themselves, their spouses, children and overseas Chinese employees may apply to the public security organ of their place of residence or residence for a motor vehicle driver's license. Those who have obtained a valid motor vehicle driver's license abroad may apply for a motor vehicle driver's license of the corresponding quasi-driving type in accordance with regulations.
Article 23
Children of overseas Chinese investors and their overseas Chinese employees who study in this province enjoy the same treatment as local students, and can be given appropriate care in accordance with the regulations.
Article 24
Overseas Chinese investors and their overseas Chinese employees buy their own houses in their places of residence and enjoy the same treatment as local residents.
Article 25
The lawful property of overseas Chinese investors and the lawful profits, dividends, interests, rents, royalties, funds after liquidation and other lawful income obtained from investment shall be disposed of independently according to law.
Article 26
If it is really necessary to expropriate the real estate invested by overseas Chinese investors and purchased by overseas Chinese themselves due to the needs of public interests, it shall be handled in accordance with legal procedures and compensated according to law.
Article 27
The autonomy of overseas Chinese investors in production and operation is protected by law, and no organization or individual may illegally interfere with or infringe upon it.
Article 28
Overseas Chinese investors can put forward suggestions and opinions to the local people's government and relevant departments on investment-related matters directly or through the overseas Chinese affairs authorities, overseas Chinese Federation and overseas Chinese investor groups.
If the legitimate rights and interests of overseas Chinese investors are damaged, they may complain to the local overseas Chinese affairs department and the Overseas Chinese Federation.
The local people's government, the overseas Chinese affairs department and the overseas Chinese Federation shall accept the case and reply to the handling situation within ten working days. If it is difficult to handle, it shall reply within thirty working days. Where laws and regulations provide otherwise for the handling period, such provisions shall prevail.
Article 29
Overseas Chinese investors themselves, their spouses and children enjoy legal aid services in accordance with relevant state regulations.
Overseas Chinese affairs departments at all levels, overseas Chinese Federation, overseas Chinese investor groups and various legal service institutions are encouraged to provide legal advice, policy analysis, risk prevention, legal aid and other services for overseas Chinese investors.
Article 30
Departments in charge of overseas Chinese affairs at all levels and overseas Chinese Federation shall carry out various forms of legal publicity and education activities, popularize and publicize legal knowledge to overseas Chinese investors, and support and help them safeguard their legitimate rights and interests according to law.
Article 31
Where any functionary of a state organ damages the lawful rights and interests of overseas Chinese investors, the overseas Chinese affairs department and the Federation of Returned Overseas Chinese can put forward opinions and suggestions on accountability to their organs or the competent department at a higher level, and the organs or the competent department at a higher level shall promptly study and deal with them and inform them of the results.
Article 32
State organs and their staff in any of the following circumstances shall be ordered by the higher authorities or relevant departments to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused to overseas Chinese investors, compensation shall be made according to law:
(1) Requisition of real estate invested by overseas Chinese investors and purchased by overseas Chinese themselves in violation of legal authority and procedures, or failure to pay compensation fees in full and on time in accordance with the compensation agreement;
(2) Apportioning, persuading donations or illegally charging overseas Chinese investors;
(3) illegally interfering with the independent production and operation of overseas Chinese investors;
(4) Other circumstances that infringe upon the lawful rights and interests of overseas Chinese investors.
State functionaries who neglect their duties, engage in malpractices for selfish ends, abuse their powers and infringe upon the legitimate rights and interests of overseas Chinese investors, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 33
If the nationality of overseas Chinese investors changes, the enterprises that originally invested in this province shall still be implemented in accordance with the relevant provisions of these regulations.
Article 34
These Regulations shall come into force on May 6, 1.