来源:常驻世贸组织代表团 类型:原创 分类:新闻
2024-07-19 21:00
Mr. Chair, Your Excellency, Ambassador Adamu Mohammed,
Your Excellency, Ambassador Dandy Satria Iswara,
Your Excellency, Ambassador Li Chenggang,
Dear Colleagues,
In the discussions on Wednesday and today, my colleagues and I have listened attentively to the statements made by Mr. Chair, the discussant and the representatives of 71 members. Thank you very much.
We highly appreciate the members’ full recognition of China’s economic achievements, and kind commendation of China's continued deepening reform and opening-up. We’re also grateful for members’ compliments on our efforts in liberalisation to promote trade and investment liberalisation and facilitation, active engagement in WTO reform, and strong support for the multilateral trading system. We also appreciate the positive comments on our endeavours to enhance the mutually beneficial cooperation with developing members for win-win development.
Most of the concerns raised by members in their previous statements, comments and opinions have been addressed in China's written replies, and also have been covered in Vice-Minister Li Fei’s remarks on Wednesday.
Today, with the Chair’s permission, I, together with four colleagues from the delegation of China, will respond further to some main issues mentioned on behalf of Vice-Minister Li Fei.
1. On further deepening reform and high-standard opening-up
The Third Plenary Session of the 20th Central Committee of the Communist Party of China concluded successfully yesterday. It adopted a very important decision, which will have a significant and profound impact on China’s economic and social development for the next decade. It makes a strategic plan to build a high-level socialist market economic system and further deepen reform by, among others, giving better play to the role of the market mechanism, creating a more fair and dynamic market environment, enhancing the opening-up capacity in expanding international cooperation and building a new open economic system at a higher level; steadily expanding systematic opening-up, and deepening the reform of the foreign trade system as well as foreign investment and outward investment administration system, etc. We firmly believe that China will make further achievements in deepening reform in the future. China's high-quality development will bring new and greater opportunities to the rest of the world.
2. On the So-called Non-market Practices
Article 15 of the Constitution of China stipulates that China practices a socialist market economy. A market economy is, in essence, an economy in which the market determines the allocation of resources. Under market conditions, there are areas or situations where the market cannot effectively operate. This market failure then requires effective regulation of the government, which is the “visible hand” in our view. Our reforms are just designed and enforced to balance efficiency and equality.
The Secretariat report and the statements made by many members at the meeting on Wednesday affirmed China's actions and achievements in continuously promoting market-oriented reforms. I won't repeat them here. China will continue to deepen reform and opening up, stimulate the vitality of various market players, build a high-standard market system, and promote the better functioning of the market mechanism.
Later, Madam Zhang Xi from the National Development and Reform Commission will give further information on China’s construction of a unified national market, among others.
3. On State-Owned Enterprises (SOEs)
Article 16 of the Constitution of China stipulates that SOEs have the right to operate independently within the scope prescribed by law. The Company Law, the Law on State-owned Assets of Enterprises of China and other legal provisions also stipulate clearly that SOEs have independent legal personalities and enjoy the property rights of legal persons. China’s SOEs are independent entities in market competition. So, they engage in purchase and sale on the basis of commercial considerations, apply the same laws and rules as other enterprises in terms of access to funds, bankruptcy, and competition, enjoy no privileges. The profits of SOEs are mainly from providing products and services to the market. Taking central SOEs as an example, at present, the assets and operations of the vast majority of central SOEs are publicly listed companies, and they make profits mainly from their day-to-day operation, asset appreciation and investment return.
The government of China does not have a special subsidy policy specifically for SOEs. Nor do SOEs subsidize other enterprises. In practice, some SOEs receive compensation from the Government for undertaking certain public services, which is consistent with international norms and practices.
Later, I’d like to invite Madam Yin Xuemei from the Ministry of Justice to provide a supplementary response on the application of the bankruptcy law and the competition law to SOEs.
4. On the So-called "Overcapacity"
Some members mentioned the so-called "overcapacity" in their statements on Wednesday. There are two main points of view: one is that China has a large amount of subsidies, which causes overcapacity; the other is that China exports its production capacity, damaging the interests of other members. I cannot agree on either of them. I would like to emphasize a few points.
Firstly, all WTO members may use subsidies as an effective policy tool to promote domestic industrial development. Through administration and practical measures, the government of China ensures that subsidies comply with WTO rules and China's accession commitments. We make every effort to ensure that the introduction of prohibited subsidies or other subsidies that violate WTO rules will be avoided in the first place. China continues to steer industrial policies towards universal benefit and functionality. China adheres to the principles of openness, transparency and non-discrimination. Laws, regulations and policies are equally applied to SOEs, private enterprises, foreign-invested enterprises, etc.
Secondly, the so-called "overcapacity narrative" goes against common sense.
From the perspective of market economy principles, in the context of economic globalization, production and consumption are globalized, and supply and demand matching and adjustment need to be evaluated from a global perspective.
From the perspective of international trade, the emergence and development of international trade are about the international division of labour and cooperation among countries based upon their comparative advantages, thereby effectively improving global economic efficiency and welfare. If "export" means "surplus", export and surplus are equated, then international trade will no longer exist.
From the perspective of industrial development, green and low-carbon development is the general trend. With the global green transformation underway, the demand for new energy products will continue to expand. In general, the global new energy industry is still in its initial development and at a rapid growth stage. The production capacity of the new energy sector is not in excess at this moment, but relatively insufficient.
Thirdly, taking new energy vehicles as an example, there is no "overcapacity" at all. Climate change is a global issue that needs to be addressed by all countries in the world. China’s promoting new energy vehicle development is to take concrete action to respond to such global challenges. China has made outstanding contributions to this. According to research made by the International Energy Agency, in order to achieve the goal of carbon neutrality, global new energy vehicle sales need to reach about 45 million in 2030, and the current global supply capacity is far from meeting that demand. So, we should vigorously develop new energy vehicles, rather than restrict their development by taking actions that are contrary to WTO rules.
China's new energy industry has grown through competition, not through subsidies from the government of China. China's new energy vehicle industry provides high-quality, affordable products to many developing members, promotes industrial chain and supply chain cooperation, and makes positive contributions to green development and addressing climate change. Some members also mentioned that we provide subsidies through various government funds. I would like to emphasize that China's government investment funds are all operated on a market-oriented basis. There are no subsidies at all.
Later, Mr. He Hailin from the Ministry of Industry and Information Technology will make additional responses on China's industrial policies, government investment funds, etc.
5. On Transparency
China attaches great importance to the WTO principle of transparency. As the largest developing member, the government of China has been actively and comprehensively fulfilling its transparency obligations since its accession to the WTO. Last year, China submitted its subsidy notification in a timely manner, covering various areas such as manufacturing, agriculture and fisheries subsidies, and going all the way down to the county level in terms of the scope of administrative areas. This is a very difficult task.
Frankly and honestly speaking, we are also experiencing great difficulties. China is one of the largest members of the WTO, with a complex administrative division and imbalanced development level among different regions. The collection of information on subsidy policies at the sub-central level requires a significant input of manpower, resources and time. In subsidy notification, we also need to continuously promote our capacity building, and keep improving the transparency of subsidy policies.
Nevertheless, as a responsible member, I am assured that we will continue to increase our inputs, develop innovations, continue to fulfil notification obligations in good faith, and firmly support the multilateral trading system with the WTO at its core with practical actions. The side event organized by China on July 16th is a good attempt to deepen members' understanding of China's policy. It is hoped that members will look squarely at China's sincerity and efforts.
6. On the So-called Forced Technology Transfer and IP Protection
China has long made it clear in its WTO accession protocol that it does not use technology transfer as a condition for approving foreign investment. There is no provision in Chinese law that compels foreign-invested companies to transfer technology. On the contrary, the Foreign Investment Law, the Administrative Licensing Law and other laws clearly prohibit the forced transfer of technology and provide for corresponding legal liabilities. We encourage foreign-invested companies and Chinese companies to voluntarily engage in technological cooperation based on equal-footed consultation and in accordance with market principles.
The government of China fully recognizes that the protection of intellectual property rights is the protection of innovation. It has continued to improve the construction of the IPR protection system, insisting that the IPR of both domestic and foreign enterprises be treated and protected equally. The rapid year-on-year increase in the number of foreign IP applications, authorizations and holdings in China is a case in point.
The Ministry of Commerce of China has established a round-table mechanism, which regularly convenes meetings with foreign-invested enterprises, with the aim to discuss and solve various problems encountered in various fields and industries. It is obvious that in recent years, if members encounter IPR infringement, you can provide information through this mechanism. We will deal with them in a timely and effective manner. Currently, we have noticed the emerging issue of suspected IPR infringement cases on e-commerce platforms. Though they are complicated, the government of China will crack down on piracy and infringement, and strictly investigate and deal with infringement and counterfeiting in online sales and live streaming.
7. On Cybersecurity and Data Flow
China’s cybersecurity review aims to bolster the security and manageability of network products, safeguard national security and public interests, and protect the rights and interests of citizens, legal entities, and other organizations. It is not to hinder the entry of foreign enterprises, technologies, or products into the Chinese market. Instead, the review focuses primarily on non-discriminatory assessments of the security of products and services, without targeting specific countries or regions, and does not discriminate against or restrict the entry of foreign technologies and products into the Chinese market.
With regard to China’s cross-border data flow regulation system, China has enacted and implemented the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, which explicitly outline the requirements for data export activities. The aforementioned laws are to guarantee the secure and orderly cross-border flow of data essential for normal business operations. At the same time, general data, that do not involve important data or personal information, can flow freely across borders. In March of this year, the government of China announced the implementation of the Rules on Promoting and Regulating the Cross-Border Flow of Data, which we have described in detail in our Government Report of this TPR. China is willing to continue exchanges and cooperation with all parties or members on this issue, and to promote the free flow of data in accordance with the law, based on fully safeguarding the security of personal information and national cybersecurity.
8. On Government Procurement
China has continuously strengthened its legal system for government procurement to ensure fair participation of foreign-invested enterprises. At the same time, China stays committed to joining the Government Procurement Agreement (GPA) as soon as possible, and has made great efforts towards this end.
On this issue, later I’d like to invite Madam Wu Hongmei from the Ministry of Finance of China to provide an additional response.
9. On Export Control
China applies export control measures to related products in accordance with China’s Export Control Law. These measures are non-discriminatory. Export Control Law is not aimed at imposing restrictions on normal trade between domestic and foreign enterprises. Instead, it aims to enforce necessary oversight of the foreign trade in specific, limited, and sensitive substances. This serves as a critical safeguard for the security of foreign trade activities, aligning with international norms. It will facilitate China’s compliance with international obligations and is beneficial to all parties involved.
On the contrary, some members are abusing export control measures. As we can see, the control lists are becoming longer, the number of enterprises subject to control is increasing, normal international trade has been seriously disrupted, and the stability and security of the global industrial chain and supply chain has been seriously disturbed.
10. On Trade Imbalance
At Wednesday's meeting, some members mentioned the issue of bilateral trade deficits. I would like to emphasize here that China's trade policy never intentionally pursues trade surpluses.
The demand for global goods and services in the supersized Chinese market is huge. The statistics show the import of China in 2023 is 17.98 trillion RMB, approximately about 2.6 trillion US Dollars. China's imports of goods have ranked second globally for 15 consecutive years. China is willing to import goods and services that are of good quality and strong competitiveness to meet Chinese consumers’ demand. For this reason, China initiated the China International Import Expo (CIIE) to further encourage imports, which has been successfully held for six years and has become a globally recognized international public good. We are ready to facilitate the participation of other countries and enterprises, especially the LDCs, so as to better showcase their specialty products through CIIE and expand their exports to China.
11. On Expanding Imports from LDCs
I also noted that some LDCs expressed this expectation in their statements. I would like to stress that China attaches great importance to cooperating with LDCs. Vice Minister Li Fei mentioned in his statements on Wednesday that China’s market is among the most open ones to the LDCs. Zero tariff has been granted to products covering 98% tariff lines originating from the LDCs. China has been LDCs’ main export market since 2008. To date, 34 countries have enjoyed zero-tariff treatment for 98% of the tariff lines they export to China. China will commit to studying the further expansion of the scope of zero-tariff products.
Meanwhile, China has been carrying out the Aid for Trade initiative and helped eight LDCs join the WTO. China will continue to support the integration of LDCs into the global trading system through cooperative projects with the WTO secretariat.
12. On S & DT
China is a developing member and a member of the Global South. This is not negotiable. However, China will appropriately deal with Special and Differential Treatment issues on a voluntary and pragmatic basis, as we did in MC 12 and MC 13.13. On Standard Setting
China rigorously upholds the principles and requirements of the TBT Agreement, emphasizing the utilization of international standards as the foundation for the formulation, adoption, and implementation of standards, technical regulations, and conformity assessment procedures. Accordingly, it actively engages in various activities organized by the TBT Committee. Notably, the number of international standards adopted by China has witnessed a steady rise. Up to now, the conversion rate of international standards has exceeded 83%. The conversion rate of international standards in key equipment manufacturing, new-generation information technology and other fields has exceeded 90%. China is committed to collaborating with other members to mitigate the unnecessary impact of TBT measures on trade.
Pursuant to the Standardization Law of the People’s Republic of China, China’s mandatory national standards are rigorously confined to safeguarding human health and safety, national security, ecological and environmental security, and fulfilling the fundamental requirements of socioeconomic management. Products and services that fail to meet these mandatory standards are prohibited from being manufactured, marketed, imported, or offered. China enforces the same national standards for the supervision, inspection, and administrative enforcement of imported and domestic products, ensuring equal treatment and eliminating any form of discrimination.
14. On the Registration of Overseas Food Enterprises
We note that the issue of registration was mentioned in members' statements. The General Administration of Customs of China (GACC) issued the “Regulations on the Administration of Registration of Overseas Manufacturing Enterprises of Imported Food” (Decree No. 248) in order to effectively implement the provisions of the Food Safety Law of China and its implementing regulations and other laws and administrative regulations. At the same time, it made notification in accordance with WTO rules, solicited comments of all parties, and took into full consideration and positively adopted reasonable views of all parties. In terms of the time of promulgation and implementation, it also strictly complied with the requirements of the TBT/SPS Agreement on the transition period, and gave an extra-long transition period of 18 months. For the convenience of foreign enterprises, the GACC has produced an interpretation of the regulations and a supporting document form, issued an online offshore enterprise registration management system, and published the operating guidelines for the system in both English and Chinese for enterprises and competent authorities. The GACC organized a session at the WTO to provide detailed explanations and dialogues on relevant policies and operations. And we received quite positive feedbacks from members. Members are welcome to contact the GACC if they have any other questions or concerns on this matter.
15. On So-called “Economic Coercion”
We have noted that a certain member has accused China of adopting a “predatory” trade policy and practising “economic coercion”. I emphasize that this is totally inconsistent with the facts and is unacceptable.
Economic coercion was not, is not and will not be China's trade policy. If China were to adopt an “economic coercion” policy, why all countries and regions in the world are willing to do business with China? Why has China become a major trading partner of more than 140 countries and regions? In this TPR meeting, what we heard more is all about welcoming Chinese products and investment into their countries or regions. If China were “predatory”, why do these members express their strong expectations?
China has always advocated mutual benefit and win-win cooperation, openness and inclusiveness. We have never tried to take away others’ cheese, but rather to make the cake bigger and share better. China has never taken advantage of its position to exert pressure or sanctions on other members and their enterprises. China has not set up a myriad of trade control lists, wielded tariffs at every turn and forced other members to engage in unequal trade negotiations. Nor has China ever exercised “long-arm jurisdiction” by applying its domestic laws to specific countries, organizations and individuals.
From the view of economic and trade practices, those countries that readily expand entity lists such as SDN, arbitrarily detain executives of enterprises of other members, and sanction third-country enterprises are the ultimate source of economic coercion.
In addition, some members put a hat on China as the “unique and fundamental challenge”. In our view, such an assertion is completely groundless. As most members stated, China is a positive, active and constructive member of the WTO. If we were such a “unique and fundamental challenge”, how can the MC12 and MC13 deliver? We all know who paralyzed the Appellate Body, who abused the national security exception and who wielded the Section 301 tariff stick arbitrarily. But I will not talk more about that today.
Friends, due to the time limit, some of the questions or issues mentioned by members may not be covered in my response today. I apologize for that. We will take all the questions back to the capital for further study. We look forward to sincere exchanges with members in future discussions in the relevant committees and under other mechanisms, through bilateral or multilateral channels.
I’ll stop here and invite my colleagues from the delegation to further respond.
DG Wu Hongmei from the Ministry of Finance
Thank you, Mr. Han Yong. Thank you, Mr Chair.
Dear colleagues, good morning, I’m WU Hongmei, Director General of the Ministry of Finance of China. I want to provide more information from three aspects: China’s tariff legislation, China’s government procurement, and China’s efforts to resolve local government debt risks.
The first is about the Tariff Law. The government of China attaches great importance to the construction of the rule of law on taxation, and statutory taxation is a fundamental principle established by the Constitution. To implement the principle of statutory taxation and promote high-level opening up, the Standing Committee of the National People's Congress (NPC) passed the Tariff Law in April 2024 and decided to put it into effect on December 1, 2024. As a specialized law in the field of tariffs, the Tariff Law systematically summarizes the implementation experience of relevant laws and regulations in the field of import and export tariffs enacted by China since its accession to the WTO. Meanwhile, it maintains the stability of the current tariff system and tax burden level.
The Tariff Law consists of 7 chapters and 72 articles, the main contents of which include defining the scope of applying tariffs, standardizing the setting, adjusting and implementing tariff lines and rates, improving the tariff collection system, and aligning high-standard economic and trade rules. The enaction of the law will play a more active role in developing foreign trade, expanding institutional opening up, and promoting high-quality development in China.
The second is about government procurement, the government of China has been committed to joining GPA as soon as possible, which is the consistent position of the government of China. China has submitted seven offers to WTO, and the level of the offers has been roughly comparable to that of the GPA parties. However, due to the excessive and unreasonable requests of some GPA parties, China's accession has been delayed. Since the resuming of the GPA negotiations, China has participated in the negotiations twice, listened to the opinions of the GPA parties, and provided explanations and illustrations on the issues concerned, which fully demonstrated China's sincerity in joining the GPA and determination to safeguard the multilateral trading system. In order to further promote the accession process, China is considering the feasibility of submitting an eighth offer. It is not enough for China to join GPA only through unilateral efforts from the Chinese side. We hope that the GPA parties will be pragmatic in their requests, go hand in hand with China, and reach a mutually beneficial and win-win outcome of the negotiations with China as soon as possible.
It is our consistent policy orientation that government procurement treats products and services produced by domestic and foreign-funded enterprises in China equally. In 2021, the Ministry of Finance issued the Notice on the Implementation of Policies Concerning the Equal Treatment of Domestic and Foreign-Funded Enterprises in Government Procurement Activities, which specifically reaffirmed and emphasized it. In the next step, we will focus on issues such as treating domestic and foreign enterprises differently, continuing to carry out special clean-ups, strengthening law enforcement, and punishing all kinds of illegal behaviours according to law. In addition, we will draw on international practices, study and formulate standards for government procurement of domestic products, and better ensure that the policy of equal treatment of domestic and foreign-funded enterprises is implemented in the field of government procurement.
The third is about the local government debt risks. The government of China attaches great importance to preventing and resolving local government debt risks. In 2023, the government of China has further intensified its efforts and taken more and more practical measures, and has positive achievements in resolving local government debt risks. The Ministry of Finance has arranged a certain scale of refinanced government bonds within the limited space of local government debt, to support local governments, especially high-risk areas, in resolving implicit debts, and relieve the pressure of concentrated repayment of maturing debts. In accordance with the principle that "the provincial government bears overall responsibility, and city and county governments do their utmost to resolve the debts", local governments have made plans to resolve the debts based on their efforts, coordinated all kinds of resources, and made specific measures on a case-by-case basis. Through the concerted efforts of all parties, local governments' debt risk has been alleviated on the whole. The payment of principal and interest on local governments’ statutory debt has been effectively guaranteed, and the scale of implicit debt has gradually declined. On the whole, the debt risk of local governments in China is now generally controllable.
DDG Zhang Xi from NDRC
Good morning, colleagues. I am Zhang Xi from the National Development and Reform Commission of China. I would like to make an additional response to the concerns raised by members in the first-day meeting of this review.
One of the important mandates of the NDRC is to coordinate and promote economic and social reforms, so I will focus on the new progress China has made in promoting market economy reforms.
Compared with the early days of reform and opening up, China has made historic achievements in marketized reforms, and become a true market economy. The vitality of all kinds of market entities is fully stimulated, and economic entities under all forms of ownership are thriving. The formation of a market-oriented, law-based and internationalized business environment is accelerating.
In China, the interest rates have already been marketized, and the mechanism for the formation of market-oriented exchange rates has been constantly improved. The prices of the vast majority of goods and services are fully formed by the market, with only seven products and services priced by the central government, mainly in the areas of network-type natural monopolies, important public utilities, and services for the public welfare.
The construction of a new system of higher-standard open economy has been accelerated, and the administrative system of pre-establishment national treatment plus a negative list for foreign investment has been fully implemented; generally, sectors outside the negative list have been placed under record-filing management, and more than 99 per cent of foreign-invested projects under local on-line record-filing, with easy procedures.
At the same time, China has issued a national negative list for market access, which is a unified requirement on market access management for all types of market entities and applies consistently to all domestic and foreign investors. The list has been continuously updated, and the number of entries has been reduced, thus reflecting broad national treatment in the area of market access.
In particular, since the previous trade policy review, China has made great efforts in building a unified national market, with notable achievements.
In 2021, the NDRC took the lead in establishing a system for collecting and notifying cases of violation of the negative list for market access. Up to now, six batches of typical cases, 105 in total have been publicly notified, whereby we can promote the elimination and rectification of a number of typical barriers to market access that the people and enterprises have concerns about.
In March 2022, China issued the Opinions on Accelerating the Construction of a Unified National Market, which, on the one hand, promotes the establishment of rules conducive to the construction of a unified national market, and, on the other hand, further removes various obstacles that are adverse to the unified national market.
For example, a system has been established, for question, notification and rectification of typical problems and cases with undue interference in the construction of a unified national market. In 2023, the system pushed for the revision and repeal of 17,600 policies and measures that impede the unified market and fair competition, and made efforts to prevent the issue of new policies and measures that would exclude or restrict competition.
The positive effects of building a unified national market on reducing transaction costs, releasing market dynamics and unclogging the economic cycle are showing.
As a next step, we will, in accordance with the decision of the Third Plenary Session of the Twentieth CPC Central Committee, continue to promote in-depth construction of a high-level market economy, accelerate the improvement of a unified market access system, and formulate guidelines for the construction of a unified national market. We will create a fairer and more dynamic market environment, and ensure that economic entities under all forms of ownership have equal access to factors of production and participate in market competition on an equal footing in accordance with the law.
DDG He Hailin from the Ministry of Industry and Information Technology
Mr. Chair, everyone,
Good morning. I am He Hailin, Deputy Director General of the Ministry of Industry and Information Technology of China. Thank you for your attention to China’s industrial development plans, industrial policies and government investment funds. Let me briefly introduce the relevant situation.
Industrial development planning and policies are effective means to guide the direction of public resource allocation and regulate the behaviour of market entities, and are widely adopted by WTO members. China’s industrial planning aims to encourage technical innovation, promote green development, boost market competition and improve economic efficiency. It is not essentially different from the strategic plans formulated by other WTO members and is in line with internationally accepted rules and practices.
Similarly, the industrial policies formulated by China also strictly abide by WTO rules, always adhere to the principles of openness, fairness and competition, respect the market-oriented allocation rule of the free flow of factors, and promote equal treatment of all types of market entities in terms of market access, approval and licensing, operation, bidding and market exit. There are no prohibited subsidies stipulated by the WTO in China.
These industrial plans and policies, involving industries and fields such as automobiles, electronics, and new materials, have played a positive role in promoting China’s industrial development and international cooperation.
Concerning China’s government investment funds, I would like to take the integrated circuit industry investment fund as an example. The integrated circuit industry is a technology-intensive industry, characterized by high investment, high risk and high return. China’s IC industry is developing rapidly and has broad market prospects. It has attracted great attention from investors. Capital from all parties has been invested in it in various forms, and the IC industry investment fund is one of them. Especially in recent years, some members have continued to contain and suppress China in the IC industry. Many cutting-edge IC products and related equipment and materials are difficult to obtain. Relevant companies need to increase investment to promote R&D innovation and maintain and enhance market competitiveness.
China’s government investment funds, whether it is the IC Industry Investment Fund, the Manufacturing Transformation and Upgrading Fund, or the SME Development Fund, are all independent legal entities established and operated in accordance with the Company Law and relevant laws and regulations of the private equity investment fund industry. So these funds cannot be defined as government subsidies. They adhere to market-oriented operations. Like private equity investment funds in other WTO members, they conduct investment business in accordance with the prevailing rules of the private equity investment fund industry and disclose relevant information regularly. The government of China funds their daily operations, does not enjoy special treatment, does not interfere with its operations, and enjoys equal investment returns, risk rights and responsibilities as a shareholder.
In the more than 20 years since joining the WTO, China’s industry and trade development has made great progress. Enterprises and consumers in China and many other WTO members have benefited from it. This is the result of openness and international cooperation. Facing the future, we will stay committed to this concept, further strengthen cooperation with WTO members, continue to provide new opportunities for the world with China’s industrial development, and achieve new win-win results.
Thank you all!
DDG Yin Xuemei from the Ministry of Justice
I am YIN Xuemei, Deputy Director General of the Ministry of Justice of China. Now I would like to respond further on two concerns from WTO members raised the day before yesterday: transparency of legislation and application of bankruptcy law and the competition laws and regulations to state-owned enterprises:
Firstly, regarding the transparency of legislation. China's Legislative Law and Regulations on Procedures for the Formulation of Administrative Regulations clearly stipulate the publication of drafts of laws and administrative regulations for public comment. According to the provisions of relevant laws and regulations, In the process of drafting laws and administrative regulations, the drafting departments shall release the draft and its explanation to the public to solicit public opinions, with the exception of those not made public according to the Council of Chairpersons of the NPC or decisions of the State Council. The period for public solicitation shall be at least 30 days.
Furthermore, in order to improve the transparency of trade policy, China issues various policies through government websites and other channels.
Secondly, as for the application of bankruptcy law and the competition laws and regulations to state-owned enterprises. The Bankruptcy law, Antitrust Law and Anti-unfair Competition Law are equally applied to all enterprises, and do not treat state-owned enterprises and private enterprises differently.
In the aspect of law enforcement, for example in procedures of antitrust investigations, the enforcement agencies of the Antitrust Law treat all enterprises equally and never distinguish enterprises of different nationalities or ownerships.
Closing remarks by DG Han YongThank you, Mr. Chair, for giving me the floor to make the final statement. First of all, I would like to thank all members for their views, suggestions and comments. We’ll take them seriously and consider them comprehensively, whether they are positive or negative, commending or criticizing, direct or indirect, tender or acute, aimed at addressing current problems or improvement for the future. We will study them carefully and use them as future policy references for further deepening reform and enlarging opening-up.
We have a very famous old Chinese saying, “I examine myself three times a day”. Though we are not required to go that far, we do highly value your comments, statements, opinions and suggestions in this TPR. We see them as a mirror in front of us. From looking at the mirror image, we can dress properly and act nicely. China will continue to be a responsible, reliable and admirable member of this organization. China will do its utmost to fully respond to the questions of members in a sincere and constructive manner.
Frankly speaking, it is impossible to resolve all issues in just one review. China will be fully engaged with all members to improve the functioning of the trade policy review mechanism and the WTO, and to safeguard the authority and efficacy of the multilateral trading system.
Last but not least, I’d like to thank the Chair for the leadership and the discussant for guiding such fruitful and insightful discussions. My thanks also go to Director Keck and his team for their hard and excellent work in producing the report. Besides, I’d like to thank the interpreters for all their efforts. Finally, I wish the GC meeting next week a great success. I wish all of you a pleasant summer break! Seeing is believing. Welcome to visit China. I promise you a worthwhile experience.
Thank you!