October 2017

Guiding Opinions of the General Office of the State Council on Further Stimulation of Effective Private Investment to Promote Sustainable and Healthy Economic Development (Guo Ban Fa [2017] No. 79)(Mainland China)

2017.9.1
Joyce Wen

The General Office of the State Council promulgated the Guiding Opinions of the General Office of the State Council on Further Stimulation of Effective Private Investment to Promote Sustainable and Healthy Economic Development (the "Opinions") on September 1, 2017. The Opinions provide directional guidance in promoting private investment from a variety of perspectives, such as government services, investment guidance and financing assistance.  The specifics of the Opinions are highlighted below.

  1. Government services


According to the Opinions, to stimulate private investment, government agencies should streamline and consolidate items to be submitted for review and increase their service quality and efficiency of the review process.  Meanwhile, tall levels of local government which has made policy commitments to private enterprises must ensure such commitments are compliant with the law and regulations, as well as strictly honor such commitments and refrain from making unlawful promises of preferential terms.  The Opinions also point out that when tightening their supervision, relevant authorities shall come up with clear policy directions, introduce specific requirements that meet legal, regulatory and policy provisions so as to properly guide investment expectations.  In addition, the Opinions also stress greater communication between enterprises and governments and the implementation of relevant policies.

  1. Investment guidance


With respect to the direction of industries invested by the private sector, the Opinions also provide a certain degree of guidance and encourage private enterprises to invest in industries such as railway transportation equipment, "Internet +", big data and industrial robotics, and diversified agriculture. It is also proposed that the "Made in China 2025" national-level pilot zone shall seek to actively attract the participation of private enterprises is established.  Meanwhile, the Opinions also encourage private capital to participate in public-private partnership (PPP) projects.

  1. Financing assistance


Aware of the private sector's difficulties in obtaining financial or the associated expense with financing, the Opinions indicate that the rates for an enterprise's payment of unemployment insurance premiums or public reserve may be reduced to a certain extent, while he energy and land costs assumed by enterprises can be reduced through power market reform, standardized plants and enterprise incubators. In addition, the Opinions also point out that unstructured fee charges in transportation of goods need to be suppressed, the intermediary costs for loans to be reduced and lending to private enterprises promoted by financial institutions through measures such as improved credit management.

In conclusion, the government is dedicating significant effort in creating an environment favorable to private capital investment, which will not only stimulate the incentive of private entities to invest but also enable regulation of the operation of the entire market.

本網站上所有資料內容(「內容」)均屬理慈國際科技法律事務所所有。本所保留所有權利,除非獲得本所事前許可外,均不得以任何形式或以任何方式重製、下載、散布、發行或移轉本網站上之內容。

所有內容僅供作參考且非為特定議題或具體個案之法律或專業建議。所有內容未必為最新法律及法規之發展,本所及其編輯群不保證內容之正確性,並明示聲明不須對任何人就信賴使用本網站上全部或部分之內容,而據此所為或經許可而為或略而未為之結果負擔任何及全部之責任。撰稿作者之觀點不代表本所之立場。如有任何建議或疑義,請與本所聯繫。

作者