PROVISIONS OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OFINVESTMENT IN DEVELOPING HAINAN ISLAND
Important Notice: (注意事项)
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
PROVISIONS OF THE STATE COUNCIL CONCERNING THE ENCOURAGEMENT OF
INVESTMENT IN DEVELOPING HAINAN ISLAND
(Promulgated on May 4, 1988)
These Provisions are formulated with a view to absorbing investment from
within and without so as to accelerate the development and construction of
The State implements more flexible open economic policies for Hainan
Special Economic Zone and endows the People's Government of Hainan
Province with greater decision-making power.
The State encourages enterprises, other economic organizations or
individuals at home and from abroad (hereinafter referred to as investors)
to invest in the development of Hainan Island and establish various
economic and social undertakings.
The State shall protect investors' legitimate rights and interests
according to law, and shall not nationalize or requisition the assets of
the investors. Under special circumstances, where public interests call
for action, the State may resort to requisitioning in accordance with
legal procedures and due compensation shall be made. Investors shall
abide by China's laws and regulations.
Investors may make investment and conduct operations on Hainan Island in
the following forms:
(1) making investment in establishing equity joint ventures, Chinese-
foreign contractual joint ventures, foreign-capital enterprises
(hereinafter referred to as enterprises with foreign investment) as well
as other kinds of enterprises permitted by law. The period of operation
for any kind of enterprise shall be specified in the contract by the
parties of investment through consultation or approved by the relevant
(2) purchasing shares, bonds and other negotiable securities;
(3) operating enterprises through purchasing, holding shares, contracting
(4) investing and operating in the investment modes obtaining throughout
the world, conducting economic and technological cooperation and
The use of State-owned land on Hainan Island shall be non-gratuitous. The
People's Government of Hainan Province may, according to law, grant non
gratuitously the right to the use of the State-owned land to investors.
The duration of right granted to land-use shall be laid down in the
contract in accordance with the specific conditions of different
industries and projects, with a maximum duration of 70 years; where there
is the need to continue using the land after the expiry of the contract,
the duration may be extended upon approval.
Investors may, in keeping with the relevant provisions of the State,
transfer non-gratuitously the right granted to land-use.
Mineral resources on Hainan Island shall be exploited with compensation
according to law. The exploitation of some mineral resources specifically
designated by the State shall be subject to approval by the relevant
competent authorities of the State; the exploitation of other mineral
resources shall be subject to approval by the People's Government of
Hainan Province. Investors are allowed to explore and develop the mineral
resources by setting up equity joint ventures, contractual joint ventures,
or foreign-capital enterprises.
Investors may, in the form of an equity or contractual joint ventures,
invest in the construction of infrastructure on Hainan Island such as
ports, wharves, airports, highways, railways, power stations, coal mines
and water conservancy projects or may also engage in facilities with
exclusive investment. They may also invest in various business and service
enterprises related to the above-mentioned facilities in accordance with
the relevant regulations of the State to undertake comprehensive
Foreign-capital banks, banks with joint Chinese and foreign investment or
other financial institutions may be set up on Hainan Island with the
approval of the People's Bank of China in light of the needs of economic
The investment in the establishment of various economic and social
undertakings on Hainan Island shall be subject to examination and approval
by the People's Government of Hainan Province. Where the investment scope
and total amount exceed the authorization by the State, the investment
shall be submitted for examination and approval according to the
procedures laid down by the State.
The importation of building materials, production and managerial equipment
as investment of an enterprise whose establishment has already been
approved, the importation of raw materials, accessories and parts,
packaging materials and other materials and items required for production
and operation, and the importation of means of transport and office
equipment for enterprise's own use, are to be examined and approved by the
People's Government of Hainan Province itself.
The enterprise income tax shall be levied at a rate of 15 percent on the
income derived from production, operation and other sources by enterprises
established on Hainan Island (State banks and insurance companies
excepted). In addition, a local surtax of 10 percent of the assessed
income tax shall be levied. Among the above-said enterprises:
(1) those engaged in the construction and operation of infrastructures
such as ports, wharves, airports, highways, railways, power stations, coal
mines and water conservancy projects etc., and those involved in
agricultural development, with an operation period of 15 years or longer,
shall enjoy a five-year income tax exemption beginning from the first
profit-making year, and shall be granted a 50 percent reduction in income
tax from the sixth to the tenth year;
(2) those engaged in industrial, communications and transportation and
other production enterprises with an operation period of 10 years or
longer, shall enjoy a two-year income tax exemption starting from the
first profit-making year and shall then be granted a tax reduction by one
half from the third to the fifth year; those acknowledged by the People's
Government of Hainan Province as technologically advanced shall further
enjoy a tax reduction by one half from the sixth to the eighth year;
(3) after the expiration of the stipulated period for the reduction of or
exemption from enterprise income tax according to the State, enterprises
engaged in industry, agriculture, and other production businesses, shall
have their enterprise income tax reduced to 10 percent in the year when
the value of their export products amounts to 70 percent or more of their
output value of that year;
(4) those involved in service trades, with a total investment of or over
US$ 5 million or RMB 20 million yuan and an operation period of 10 years
or longer, shall be exempt from enterprise income tax in the first profit-
making year and enjoy a 50 percent reduction in income tax in the next two
Reduction of or exemption from local income tax for enterprises within
Hainan Island shall be determined by the People's Government of Hainan
For investors from outside China who have no offices on Hainan Island, a
10 percent income tax shall be levied on their dividends, interests,
rents, franchise, royalties and other incomes derived from the island
except those exempt from income tax according to law. The People's
Government of Hainan Province shall decide as to who are to enjoy income
tax reduction or exemption.
Enterprises with foreign investment and enterprises with 25 percent of
their shares held by foreign businessmen shall enjoy the right to conduct
import and export operations, and other enterprises may enjoy the same
right, if so approved by the People's Government of Hainan Province - i.e.
to import the goods necessary for the production and operations of their
enterprises, and export their own products.
Customs duty, product tax and value-added tax shall be exempted on the
machinery and equipment, raw materials and parts, means of transport and
other materials and items as well as office equipment that the enterprises
within Hainan Island need to import for their own production and
Customs duty, product tax or value-added tax shall be reduced by one half
on the goods imported for sale on the market in Hainan by enterprises on
The State encourages enterprises on Hainan Island to export their
manufactured products. Products manufactured by enterprises to be
exported shall be exempt from export duties, and product tax or value-
added tax already collected thereon shall be reimbursed, except for crude
and refined oil, as well as a few other products specifically designated
by the State.
The products manufactured by enterprises on Hainan Island and to be
marketed in Hainan are exempt from product tax or value-added tax, whereas
mineral oil, tobacco, liquor and a few other products specially designated
by the People's Government of Hainan Province are subject to a 50 percent
product tax or value-added tax. Where the manufactured products contain
certain imported parts and materials, customs duty, product tax or value-
added tax shall be exempted or levied retroactively in accordance with the
stipulations of Article 15.
Products manufactured by the aforesaid enterprises and to be marketed to
other parts in China, may be sold by enterprise themselves, except for
products whose importation is restricted by the State and which are
subject to approval in accordance with the relevant regulations of the
State. But product tax or value-added tax shall be levied on these
products according to relevant provisions. Customs duties, product tax or
value-added tax on the manufactured products containing imported parts and
materials shall be levied retroactively in accordance with relevant
Where the enterprises with foreign investment within Hainan Island are to
sell on the domestic market their products which conform to the standards
specified in the methods governing import substitution by the State, they
may apply to sell their products as import substitutes.
Foreign exchange earnings derived by enterprises within Hainan Island from
their product export and from other business activities, may be retained
in foreign currency as earned and shall be handled in keeping with the
regulations of the local People's Bank of China. The enterprises may
adjust the surplus and deficits of their foreign exchange and effect a
balance of foreign exchange receipts and disbursements at the foreign
exchange adjustment markets located on Hainan Island or in other parts of
Investors from abroad may freely remit from the enterprise's foreign
exchange deposit account at the bank the profits they earn from the
enterprises they set up on Hainan Island. The amount remitted shall be
exempt from income tax.
Investors from abroad who reinvest the profit they earn from their
enterprises within the Island, for a period of not less than five years
shall enjoy a reimbursement of 40 percent of the income tax paid on the
amount to be reinvested, and 100 percent of the income tax already paid on
the amount to be reinvested shall be reimbursed if the investors elect to
reinvest their profit earnings in the construction of infrastructure and
agricultural development enterprises, export-oriented and technologically
- advanced enterprises within the Island.
Investors from other parts of China shall be free to remit their profit
earnings from the enterprises on the Island. And no retroactive income tax
shall be levied on the profit earnings remitted to other parts of China
within ten years beginning from the first profit-making year.
When coming to Hainan Island to negotiate investment or trade, promote
economic and technological exchange, visit relatives or to tour,
foreigners from countries or regions having diplomatic relations or
official trade links with China, may apply for entry visas at the port of
Haikou or Sanya if their stay in Hainan does not exceed 15 days; those who
need to stay in Hainan longer or who want to go on to other parts of China
on justifiable grounds, may apply for an extension of visa or obtaining an
additional visa endorsement according to relevant provisions.
Foreigners who permanently live on Hainan Island, or who invest in the
establishment of local enterprises or participate in the development of
the island, and their accompanying family members may upon application be
granted multiple entry visas by the authorities concerned under the
People's Government of Hainan Province.
Compatriots from Hong Kong, Macao and Taiwan as well as overseas Chinese
holding valid passports or documents issued by the competent authorities
under the State Council or by their authorized agencies may come to Hainan
Island or proceed to other places within China without visas. Compatriots
from Taiwan may, at the ports in Hainan Island, directly apply for Travel
Certificate for Compatriots from Taiwan.
The People's Government of Hainan Province is authorized to examine and
approve the dispatch abroad of personnel by domestic organizations in
Hainan Province that are to set up economic, trade or tourism offices or
to establish enterprises abroad, except otherwise provided by the State.
Matters not covered in these Provisions may be handled by the People's
Government of Hainan Province according to the provisions concerning
special economic zones. The rules for the implementation of these
Provisions shall be formulated by competent departments under the State
Council in conjunction with the People's Government of Hainan Province.
These Provisions shall enter into force as of the date of promulgation.